House of Lords Journal Volume 5
19 October 1642

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1767-1830

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'House of Lords Journal Volume 5: 19 October 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 406-410. URL: http://www.british-history.ac.uk/report.aspx?compid=34929 Date accessed: 21 April 2014. Add to my bookshelf


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Contents

DIE Mercurii, 19 die Octobris.
Earl of Warwick has appointed his Vice Admiral. Thanks of the House voted him. Ld. Coventry's Submission to the House, and will contribute to the Propositions. His Submission accepted, and his Person and Goods to be protected. Message from the H. C. with Propositions for drawing together the Forces of some Counties; and to fit P.M. Answer to the H. C. Committee of Safety to consider of the Payment of the Judges Arrears. Escott to be bailed. Sir Rob. Carr, and Lady Carr. Le Grand versus Beverlett. Parishioners of Ryerth and Mr. Trott. Bill for a Synod, to settle the Doctrine of the Church. D°. Sent to the H. C. Message from the H. C. The Letter for raising some of the Trained Bands, to prevent the King's Army coming to London. Adjourn. Post meridiem. Message from the H. C. for the Bill for the Synod to be passed; Commission to be prepared for it, and sent to the King. Orders, &c. from the H. C. for the Lords Concurrence. Commissioners of the Admiralty. Their Power. Order for 3000 l. to be paid for Relief of poor Protestants in Ireland. Petition of The Tower Hamlets Trained Bands, to double their Number. Message from the H. C. with Propositions about Devonshire; with Names of Deputy Lieutenants; and for a Conference about the Declaration from Scotland. Answer. Message to the H. C. about the Propositions; and with the Petition of The Tower Hamlets Trained Bands. Order for Ten Ships to guard the Irish Coasts. Message from the H. C. about the E. of Pembroke being a General in the West. Answer. Baron Hendon's Petition for Leave of Absence. His Absence dispensed with. Answer from the H. C. Propositions about Devonshire. Order for Encouragement for Persons to fit out Shipping to Cruize upon the Irish Coasts. Adjourn. Footnotes

DIE Mercurii, 19 die Octobris.

PRAYERS.

The Lord Grey was appointed to be Speaker this Day.

Earl of Warwick has appointed his Vice Admiral.

The Earl of Warwicke signified to this House, "That he hath obeyed the Commands of this House as far as he was able; and he having come away from his Command by the Order of this House, to give his Attendance here, he hath, according to their Lordships Order, left his Vice Admiral in his Place."

Thanks of the House voted him.

This House, having had much Experience of the Earl of Warwicke's good Affection, Care, and Vigilancy, in the Place appointed him by the Parliament, as Admiral in this Summer's Fleet, which hath been much to the Safety of this Kingdom; Ordered, That the Speaker should give the Earl of Warwicke Thanks, from this House, for his great Care and Affections shewed in his Employment.

Ld. Coventry's Submission to the House, and will contribute to the Propositions.

The Earl of Northumb. signified to this House, "That the Lord Coventry's Desire is, to express his Submission to this House, and desires their Lordships Protection for his Person and Estate; and, to manifest his good Affection to the Cause in Hand, he is willing to contribute Two Thousand Pounds in Money, whensoever their Lordships will please to appoint to whom he shall pay it; and whereas he subscribed at Yorke, to furnish the King with Horses, he says he did it but for the First Month; but professeth he will not contribute or meddle in any Kind of that Nature hereafter; and further desires that his Goods in Wor'stershire may be restored to him, and protected."

His Submission accepted, and his Person and Goods to be protected.

Ordered, That this House accepts of the Offer of the Lord Coventry, to contribute Two Thousand Pounds in Money towards the maintaining of the War; and that the said Two Thousand Pounds be paid to the Treasurers at War at Yeildhall; and that his Lordship's Person and his Goods shall be protected; and that this House hath a good Opinion of his Lordship, and accept of this Submission.

Message from the H. C. with Propositions for drawing together the Forces of some Counties;

A Message was brought from the House of Commons, by Mr. Pierpointe:

To desire their Lordships Concurrence in some Propositions, for the drawing the Forces of some Counties together, for the Safety of the Kingdom; and that the Number, and the Names of the Counties, they desire may be left to the Committee for the Safety of the Kingdom. (Here enter them.)

Agreed to.

and to fit P.M.

2. The House of Commons desire their Lordships would be pleased to sit this Afternoon, at Three of the Clock, if it may stand with their Lordships Conveniency.

Agreed to.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in this Message.

Ordered, That the Earl of Warwicke shall be added to the Committee for the Safety of the Kingdom.

Committee of Safety to consider of the Payment of the Judges Arrears.

The House being informed, "That the Pensions which are to be paid by the King to the Judges are not paid them, but they are run in Arrear, whereby the Judges do receive great Prejudice:" It is Ordered, That it is hereby referred to (fn. *) the Consideration of the Committee for the Defence of the Kingdom, to consider of some Course how they may be paid their said Pensions and Arrears, and report the same to this House.

Escott to be bailed.

Upon the humble Petition of John Escott, committed by this House to the Prison of Newgate; it is Ordered, That, in regard the Plague is in Newgate, and he aged and sick, that he shall go upon Bail, to go in or about London, and Six Miles Distance from the same, for his Health's sake; and to render himself (fn. *) within Three Days after Notice given him from this House.

Sir Rob. Carr, and Lady Carr.

Ordered, That the Tenants of Sir Rob't Carr shall have an Order of Indemnity from this House, to save them harmless for paying their Rents, according to the Order made by this House, upon the Petition of the Lady Carr his Wife.

Le Grand versus Beverlett.

Upon Complaint made by Richard le Grand, "That John Beverly hath not delivered to him his Goods, according to the Order of this House:" It is Ordered, That it is hereby referred to Mr. Baron Trevor and Mr. Justice Foster, to see the said Order performed; and that a fitting Discharge be given for the Delivery of the said Goods.

Parishioners of Ryerth and Mr. Trott.

Upon the Petition of the Parishioners of Ryersh, in the County of Kent, desiring that Mr. Dr. Sybbalds may be permitted to preach amongst them, until the Legality and Right of that Vicarage be tried between Mr. Watton and Mr. Trott.

Ordered, That Mr. Trott shall have a Copy of this Petition, and shew Cause within Fourteen Days why the said Petition should not be granted.

Bill for a Synod, to settle the Doctrine of the Church.

The House was adjourned during Pleasure, to debate and consider of the Bill for the Assembly; and it being read, these Amendments, Alterations, and Additions, were made as followeth:

Linea 86. Mr. Benjamin Pickering, of East Holley, the Word ["Hotley"] to be written ["Hoathley"].

L. 101. These Words to be left out ["of Sherborne, in the County of Dorsett"].

L. 107. Dr. Westfeild (Bishop of Bristoll), the Words ["Bishop of Bristoll"] to be added.

Mr. Mathew Newcomen to be added, to be One of the Divines.

The House being resumed;

The said Bill, with the Amendments, were read, and approved.

D°.

Hodie 3a vice lecta est Billa, An Act for the calling of an Assembly of Learned and Godly Divines, to be consulted with, &c.

Which being put to the Question, it was Resolved, nemine contradicente, That this Bill, with the Amendments and Additions now read, shall pass as a Law.

Sent to the H. C.

A Message was sent to the House of Commons, by Mr. Justice Forster and Mr. Serjeant Glanvile:

To deliver the House of Commons the Bill for the Assembly, which is passed this House, with some Alterations and Additions.

Message from the H. C.

A Message was brought from the House of Commons, by Mr. Gyles Greene; which consisted of many Particulars.

Ordered, That the Report of this Message is to be made this Afternoon.

The Answer returned was:

That this House will send them an Answer to this Message, by Messengers of their own.

The Letter for raising some of the Trained Bands, to prevent the King's Army coming to London.

"We, the Lords and Commons, knowing the Destruction of our Religion, Laws, and Liberties, would follow, if the King's Army, consisting of Papists and all Sorts of Malignants (now cloathed and fed with the Spoil of the Subjects) should prevail, do conceive we are in Duty bound to send you these Advertisements, and to let you know what, in our Opinions, are the Means to prevent these Miseries.

"The King's Army hath had of long Time little or no Pay; the Provisions of the Country where they now remain are consumed; these Wants do necessitate them to remove into some other Parts of the Kingdom, having no Means of Subsistance but by Plundering and Rapines, which are freely allowed unto them. Their Remove will in all Likelihood be toward the City of London, the Countries in their Way being plentiful of all Provisions, and wellaffected Persons to the King and Parliament (the more fit Prey for them): And though we do not doubt but, by God's Blessing, and the Care and Vigilancy of the General, all Means will be used to keep the Seat of the War where it is; yet, to prevent any future Accident of Danger, and to preserve you in Peace and Safety, we have thought fit to require you to assemble the Country together, and give them Notice hereof forthwith, and to raise, out of the Trained Bands, or other able Men in their Places, or of Voluntiers, the Number of . . . . . . all well and completely armed, out of your County, to be ready at an Hour's Warning to be conducted by some you shall appoint, to some Rendezvous, as you shall receive further Directions from us."

Adjourn.

Adjourn, till 3a post meridiem.

Post meridiem.

PRAYERS.

The Lord Grey de Warke was appointed to be Speaker this Day.

The Messengers sent to the House of Commons this Morning, with the Bill for the Assembly, return this Answer:

That they have delivered the said Bill to the House of Commons.

Message from the H. C. for the Bill for the Synod to be passed;

A Message was brought from the House of Commons, by Sir H. Mildmay, Knight:

To let their Lordships know, that the House of Commons do consent to all the Alterations and Amendments in the Bill for the calling of the Assembly of Learned Divines; and the House of Commons desires it may be expedited, because it much conduces to (fn. *) the Peace of the Church.

Commission to be prepared for it, and sent to the King.

Ordered, That the Clerk of the Crown do prepare a Commission, for the passing of this Bill; and that he speedily convey (fn. †) it to the King, to be signed.

Orders, &c. from the H. C. for the Lords Concurrence.

Then the Speaker reported, "That the House of Commons, at the Message this Morning, brought divers Papers, wherein they desired their Lordships Concurrence.

"1. An Order to appoint Commissioners for the Navy." (Here enter it.)

Agreed to.

"2. An Order to give the said Commissioners Power." (Here enter.)

Agreed to.

"3. An Order to pay Three Thousand Pounds to the Commitee of Lords and Commons, to be sent into Ireland, for Relief of the Protestants there." (Here enter.)

Agreed to.

"4. An Ordinance to give Leave to any of His Majesty's Subjects to set forth Ships, to take such Ships that shall go to relieve the Rebels in Ireland."

(Here enter.)

"5. An Order to set forth Ten Ships of Merchants, for the Guarding of the Irish Seas." (Here enter it.)

Agreed to.

"Resolved, upon the Question,

Commissioners of the Admiralty.

"That this House doth nominate and allow of the Earls of Northumberland, Warwicke, and Holland, Mr. Greene, Mr. Marten, Sir Henry Vane, Senior, Sir Henry Vane, Junior, Sir Rob't Pye, and Mr. Rolle, to be Commissioners intrusted for the Matters of Admiralty; and it is referred to the Committee for the Navy, to prepare an Ordinance to enable them thereunto."

Their Power.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Commissioners of the said Lords and Commons, appointed by both Houses, for the Admiralty, or any Three of them, during the Vacancy of the Office of the Lord Admiral, have Power to do and execute all such Things as appertain to the said Office of the Lord Admiral, and Lord Warden of the Cinque Ports, in as ample Manner, and to all Intents and Purposes, as the Lord Admiral, or Lord Warden of the Cinque Ports, have used and ought to do, for the Good and Safety of the Kingdom, and due Government of the Affairs and Persons belonging to the said Offices."

Order for 3000 l. to be paid for Relief of poor Protestants in Ireland.

"The Lords and Commons in Parliament assembled, taking into their serious Consideration and Christian Compassion the deplorable Estate into which the People of the Kingdom of Ireland are brought by the present Rebellion there, and the necessitous Condition whereunto divers Persons of Quality and others (Professors of the Protestant Religion, dispersed into sundry Parts of that Kingdom) are reduced, have thought fit, and so this Day Ordered, That the Treasurers in the City of London (named in the Act of Contribution) shall forthwith, out of the Monies remaining within their Charge, pay into the Hands of the Committee of Lords and Commons for distributing the Contribution-monies, or to such as they or any Five of them shall assign, the Sum of Three Thousand Pounds, to be by them sent over into the Kingdom of Ireland, to be issued and distributed there in Monies or Provisions, for the Relief and Employment of the distressed and despoiled Brittish Subjects in that Kingdom, according to such Instructions as the said Committee of Lords and Commons, or any Five of them, shall agree upon."

Petition of The Tower Hamlets Trained Bands, to double their Number.

"The Petition of the Trained Bands of the Seventeen several Hamlets belonging to The Tower of London, &c.

"Shewing,

"That the Trained Bands of the Hamlets are Six Hundred, and, in this Time of Danger, they are desirous to double the Trained Bands, and make a Regiment; and desire that the Lieutenant of The Tower may command them, and that they may choose their Officers that command them."

Which Proposition this House approved of, and Ordered the same accordingly; but do refer the appointing of their Commanders and Officers to the Lord Lieutenant of the County of Midd. whom the Petitioners are to attend upon.

Message from the H. C. with Propositions about Devonshire;

A Message was brought from the House of Commons, by Sir Christopher Yelverton; which consisted of divers Parts:

1. Some Propositions touching the County of Devon, wherein they desire their Lordships Concurrence. (Here enter them.)

Agreed to all but the Second Vote.

with Names of Deputy Lieutenants;

2. They desire their Lordships Concurrence that these Persons following may be allowed to be Deputy Lieutenants for the County of Devon; videlicet,

Sir Edmond Fowell.
Edmond Parker, Esquire.
Sir Philston Calmady.
Rob't Saurey, Esquire.
Hugh Fortescue, Esquire, of Weary.
John Courtney, Esquire, of Melland.
Henry Wellcom, Esquire.
Sir Tho. Drewe.
Wm. Frye, Senior, Esquire.

Also that Mr. John Bingham may be a Deputy for the County of Dorsett.

Agreed to.

and for a Conference about the Declaration from Scotland.

3. To desire a present Conference, touching the last Declaration sent from Scotland.

Agreed to.

The Answer returned was:

Answer.

That this House agrees that those Persons now nominated be Deputy Lieutenants for the Counties of Devon and Dorsett; and that their Lordships will give a present Conference, as is desired; but concerning the Propositions, this House will send an Answer, by Messengers of their own.

Message to the H. C. about the Propositions;

A Message was sent to the House of Commons, by Justice Foster and Serjeant Glanvile:

To let them know, that this House agrees with them in all the Votes brought up at the last Message, excepting to the Second Vote.

and with the Petition of The Tower Hamlets Trained Bands.

And also to deliver them the Petition of the Trained Band of the Hamlets; and to let them know, that this House approves of their Desires, but do refer the appointing of their Officers and Commanders to the Lord Lieutenant of the County of Midd.

Order for Ten Ships to guard the Irish Coasts.

"Whereas divers Merchants and Owners, well affected to the Safety of this Kingdom and of Ireland, by guarding the Seas, and Suppression of Pirates and others who send Aid of Ammunition and Victual to the Rebels in Ireland, are willing to set out to the Seas Ten Ships, hereunder named, with Men, Victual, and Warlike Provisions for Ships fit for that Service, to be re-paid their Charges, upon the Public Faith of the Lords and Commons in Parliament, out of such Monies as have been or shall be paid in by the Adventurers, upon the Act of Subscription for Ireland: It is Ordered, by the Lords and Commons in Parliament, That the Committee for the Navy do draw up Conditions with the Owners of the said Ships, to receive such Allowance of Freight as hath been usually granted unto other Ships heretofore set forth by the Parliament: And, for the Encouragement of such Mariners as shall be employed in the Service, it is further Ordered, That One Third Part of all such Ships and Goods as shall be taken, either from Pirates, the Rebels of Ireland, or others giving Aid unto them, shall be given and bestowed upon the Officers, Captains, and Ships Company of the several Ships respectively, and the other Two Parts to be received and accompted to the Use of the Commonwealth, for the reducing of Ireland; and for Assurance of the Freight, Victual, and Wages, unto the Owners and Company, according to the Covenants made with the said Committee, it is further Ordained and Declared, That the said Owners and Merchants shall receive Satisfaction, out of such Monies as have been, or shall be, paid in by the Adventurers, upon the Act of Subscription for Ireland, within One Year after the Date of the Order:

Burthen.
"The Zant Marchant, 390 Tons."
Good Hope, 390
Achilles, 260
George Bonaventure, 242
Mary Bonaventure, 240
Hopewell, 200
Katherine, 200
Penyngton, 135
Dolphin, 100
Peter, 150

Message from the H. C. about the E. of Pembroke being a General in the West.

A Message was brought up from the House of Commons, by Sir John Evleyn:

To desire that, at the next Conference, the House of Commons may propound unto their Lordships some Propositions, concerning the Earl of Pembrooke to be General of Six Western Counties.

The Answer returned was:

Answer.

That this House agrees to this Message.

Baron Hendon's Petition for Leave of Absence.

"The humble Petition of Sir Edward Henden, Knight, One of the Barons of His Majesty's Court of Exchequer, was read as followeth:

"The Extremity of my Sickness for this Month last past hath been so grievous, that there hath been small Hope of Life until within this Fortnight; and I yet remain so lame of the Gout, that I am not able, without apparent Peril of Life, to stir abroad, but am forced to keep my Chamber.

"Your Petitioner, in all Submissiveness, most humbly supplicateth your Honourable Lordships, to be pleased to dispense with your Petitioner's Attendance, until God shall better enable him."

His Absence dispensed with.

Ordered, That this House doth dispense with Mr. Baron Henden's Absence, until his Health will permit him to come hither with Safety.

The Messengers return this Answer:

Answer from the H. C.

That they have delivered the Resolutions to the House of Commons.

The House of Commons being come to the Conference, this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Propositions about Devonshire.

"Resolved, upon the Question,

"That all the Deputy Lieutenants of the County of Devon, and other the principal Gentlemen, do all meet together, in certain convenient Places of that Shire, and at appointed Times, and have Power, from both Houses, to convene each particular Person of Ability before them, and to demand what every Man will lend, either by the Week, Month, or in Gross, for the Defence of the Kingdom.

"Resolved, &c.

"That it be Declared, That those which will not contribute to this necessary Service do as much as in them lies to betray their Religion, Liberty, and Property, and do shew themselves dead Members, that have no Feeling of the Calamity of the Kingdom; and therefore, that they shall not be protected by the Horse and Arms which shall be raised within that County.

"Resolved, &c.

"That some of those which shall be most notoriously refractory be sent up to the Parliament, to give an Account before the Houses why they refuse.

"Resolved, &c.

"That a Troop of Horse shall be presently raised, and One Hundred Dragoons, for the Quiet of that County, to answer all Alarms, to bring up to Parliament Delinquents, and to do such other Service as they shall be enjoined by One or both Houses of Parliament.

"Resolved, &c.

"That such as have subscribed either Plate or Money, and have not performed it, be instantly required particularly to pay it in: And it is Declared, both Houses of Parliament will take it as a high Abuse and Indignity offered them, if they do not perform it according to their Engagement; and that those who shall not tender such an Excuse which shall be in the Opinion of the major Part of the Commissioners judged reasonable, shall be sent to the Parliament, to answer their gross Abuse and Breach of Promise.

"Resolved, &c.

"That whereas that County of Devon is content to raise the Troop of Horse at their own Charge, expecting no Re-payment for their raising, so as Officers may be chosen by them, and paid out of the Contribution-money of the City of Exon; it is Ordered, That they reside at Exon, unless they shall be called thence by the Deputy Lieutenants of Devon, for to serve elsewhere.

"Resolved, &c.

"That One Hundred Snaphance Muskets shall be sent them, for the Hundred Dragoons.

"Resolved, &c.

"That they shall have their Horse and Arms valued, and shall have the Faith of the Kingdom for Repayment, according to the Propositions for the Safety of the Kingdom; and that the Troop of Horse shall be entertained for so long Time as both Houses shall think fit."

Order for Encouragement for Persons to fit out Shipping to Cruize upon the Irish Coasts.

"Whereas the Lords and Commons, in Parliament now assembled, have received Information that divers Ships, and other Vessels, warlikely appointed, equipped, and furnished, belonging to the Rebels in Ireland, have been of late set out from the Port of Wexford, and other Ports and Places in that Kingdom, and have committed and done many Depredations, Spoils, and Piratical Acts, upon the Ships and Goods of His Majesty's good Subjects, Friends, and Allies, and do thereby very much disturb, infest, and annoy, the Public Commerce, Intercourse, and Trade, between (fn. *) us and other Nations: And whereas the Lords and Commons aforesaid have further been informed, that not only many Supplies of Victuals and Arms have been, and daily are, carried to the said Rebels, by French, Dunkerkers, and others; but also many Ships and Goods belonging to His Majesty's loyal Subjects have been taken and spoiled by them, under Colour of Commissions from the said Rebels, contrary to the Law of Nations, and Practice of Princes in Amity in the like Cases: And whereas divers of His Majesty's wellaffected Subjects, out of their pious and charitable Disposition towards their distressed Brethren His Majesty's Protestant Subjects in the Realm of Ireland, as also out of their loyal Respect to His Majesty, and Detestation to that Rebellion, and to reduce the Rebels in the said Realm of Ireland to their due Obedience, and, as much as in them lieth, to prevent and hinder all such Supplies as shall be sent unto those Rebels, have lately made known to the said Lords and Commons their voluntary Disposition and Readiness to set forth some Ships and Pinnaces, warlikely appointed, equipped, manned, and victualed, so that, in Recompence of their Charge and Adventure therein, they may have and enjoy, to their own Uses, all such Ships, Goods, Monies, and Merchandizes, which they shall take and surprize, by Sea or by Land, belonging to any of the said Rebels, or to any other that have carried, or they shall take carrying, any Supplies to the Rebels; which being well approved by the Lords and Commons in Parliament, as a good Means to weaken the said Rebels, and so to reduce them to their due Obedience, (fn. *) they do commend the same for a pious and laudable Undertaking, and are willing to give it all the Encouragement and Advancement that may be, to bring it (fn. *) to a good and successful Issue, as tending very much to the Honour of the King, and the speedy and effectual suppressing of the Rebellion aforesaid: And therefore, for the better enabling the Performance of this so free and commendable Undertaking and Enterprize, it is Ordered, Established, and Ordained, by the Lords and Commons assembled in this present Parliament, and by the Authority of the same, That it shall and may be lawful for any of His Majesty's good and loyal Subjects of the Kingdom of England, to be approved, and thereunto appointed, by the Commissioners of the Admiralty established by the Parliament, in Warlike Manner to equip and furnish, for the said intended Employment, such and so many Ships and other Vessels as they shall think fitting, and to place in them competent Numbers of Soldiers, Mariners, and Gunners, with necessary Arms and Provisions for the Service, and to appoint over them such Commanders, Captains, and Officers, as they shall think fit; and the same Ships and other Vessels, so manned, equipped, armed, and provided, to set forth to the Sea, and with the same to seize, surprize, and take, all and all Manner of Ships, Vessels, Goods, and Merchandize, belonging to the said Rebels, or any of them, or unto any Person or Persons that they shall find or understand to have aided the said Rebels, or any of them, with Arms, Ammunition, or Victuals, by Sea or by Land; and also to seize and surprize all Manner of Ships and other Vessels, having on board them Arms, Ammunition, or Victuals, bound therewith to the Kingdom of Ireland, or any the Dominions of the same, not having on board them a Passport, or Licence, from the Commissioners of the Admiralty appointed by the Parliament as aforesaid, or from the Chief Governor or Governors of Ireland for the Time being, appointed by His Majesty with the Consent of both Houses of Parliament, being to carry the same thither; and to invade the said Rebels, in any Ports, Harbours, Creeks, Havens, Islands, Castles, Forts, Towns, or any other Places, in the Possession of the said Rebels, within the said Realm of Ireland; and the Rebels therein to take, surprize, vanquish, destroy, or kill, and to sack and pillage any such Place or Places; and further, to surprize and take all and all Manner of Pirates and Sea Rovers, of what Nation soever, and their Ships and Goods whatsoever: And, for the better Encouragement of all such Adventurers in the said Enterprize, it is, by the Lords and Commons, likewise Ordered and Ordained, That the said Adventurers shall have and enjoy as their proper Goods all Ships, Goods, Monies, Plate, Arms, Ammunition, Victuals, Pillage, and Spoil, which shall be seized or taken by any Persons by them to be employed by Force and Virtue of this Ordinance, which, by Proof of Witnesses upon Oath made in the High Court of Admiralty, and the definitive Sentence to be given in Court, shall be pronounced, at the Time of the Taking or Seizure thereof, to have belonged to any Irish Rebel or Rebels, or any Person or Persons whatsoever that hath supplied those Rebels, or any of them, with Victuals, Arms, or Munition; or shall be taken, having on board them Arms, Munition, or Victuals, bound therewith to the Kingdom of Ireland, or any the Dominions of the same, not having on board them such a Passport or Licence as aforesaid, or to belong to any Pirate or Sea Rover whatsoever, and the same to have and enjoy to their own Use, without any Accompt whatsoever thereof to be made, reserving the Tenths, accustomed in such Cases to be paid to the Admiral, to be disposed of by Order of both Houses of Parliament: And it is further Ordered and Ordained, That there shall be true and faithful Inventories taken of the Ships, Monies, Goods, Plate, Pillage, and Spoil, which shall be taken by Virtue and Authority of this present Ordinance, and a true Praisement made of the same; and the same, together with all Papers and Writings found in any Ship or other Vessel by them to be taken, shall be carefully preserved, and Two or Three of the Officers of every Ship or other Vessel so taken shall be examined before the chief Officer of the next Port within any of the King's Dominions; and the said Examinations, with the Papers, Inventories, and Praisements, shall be sent unto the Registry of the High Court of the Admiralty aforesaid, to the End that (fn. *) the taking of the said Ships may thereby be justified, or (fn. †) Restitution by the said Adventurers (if there shall be just Cause) there made: And more particularly it is hereby Ordered and Ordained, by the Lords and Commons aforesaid, and they do by Virtue of this Ordinance give unto the Persons to be set forth to the Service as aforesaid, and to every of them, Power, Authority, and Warrant, that, if they shall happen, upon the Seas, or in any Port, Harbour, or Creek, to meet with any Ship or Ships that shall not willingly yield themselves to be visited and proved by Law and Justice, but will defend themselves by Force and Violence, then they shall, by all Means possible, and with all Force, compel them to yield and submit themselves to Reason and Justice, although it do fall out that, by fighting with them, One or more of them be maimed, hurt, or slain, in the Resistance: And it is further Ordered and Ordained, That the Captain, Master, or Two or Three other of the principal Officers of every of the Ships and Pinnaces so to be set forth upon the said Enterprize, shall, before their going to Sea, enter into a Bond in the High Court of Admiralty, in the Sum of Two Thousand Pounds, unto the Speaker of the Commons House of Parlialiament for the Time being, to the Use of the Commonwealth, and to be disposed of as both Houses of Parliament shall appoint, to the Use of the King's Majesty, That the said Ships or Pinnaces respectively, nor their Captains, Masters, or any of their Company, under Colour or Pretence of this Ordinance, shall rob, spoil, or endamage, any of the King's Subjects, Friends, or Allies, other than such particular Persons of His Majesty's Subjects, Friends, or Allies, as shall be found to have aided and relieved the said Rebels, or shall be taken carrying Arms, Victuals, or Munition for Ireland, without Licence or Authority as aforesaid, or shall have committed Piracy; and that true Inventories and Appraisements shall be taken of the Ships and Goods before the same shall be vended or disposed; and the same, together with the Papers found aboard any such Ship, and the Examinations of the chief Officers of the same Ships, as is before declared, returned into the Registry of the High Court of the Admiralty aforesaid: And lastly, it is hereby further Ordered and Ordained, That the Ordinance, nor any Benefit thereby, shall extend to the Settersforth of any Ship, or other Vessel, upon the Enterprize aforesaid, where Bonds shall not be given as is before expressed; and a Certificate, under the Admiralty Seal, obtained of the putting in of such Caution."

Adjourn.

Adjourn till 10a cras.

Footnotes

* Deest in Originali.
* Origin. with.
* Origin. be.
Deest in Originali.
* Deest in Originali.
* Deest in Originali.
* Origin. they.
Origin. Restriction.