House of Lords Journal Volume 5: 4 January 1643

DIE Mercurii, videlicet, 4 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Report about the Earl of Nottingham's Petition for Arrears of Pensions due to him.

The Earl of Northumb. reported from the Committee for the Earl of Nottingham's Petition, which (fn. 1) was for the Payment of the Arrears and Pensions to the Earl of Nottingham; and in regard the Pensions are out of the Customs, which are sequestered by the Ordinance of both Houses, the Committee think it fit, "That it be communicated to the House of Commons, at a Conference, and recommend it unto them, to their Care and Consideration, that the said Pensions and Arrears may be paid (fn. 2) him during the Time that the Customs are in their disposing:" Which Opinion of the Committee this House approved of.

Witnesses about procuring the City Petition.

Ordered, That an Order for Witnesses shall be given, to bring in Witnesses against To-morrow in the Afternoon, before the Committee to consider of the undue procuring of the Petition of some Citizens in London.

Jack a Pass to Oxford, to the Prince.

Ordered, That Jemmy Jacke shall have a Pass, quietly to go to Oxford, with a Birding-piece and a Case of Pistols, for the Use of the Prince.

Delinquents sent for, for assaulting the Earl of Carlisle's House, and killing his Deer, &c.

Upon Information by the Earl of Carlile, "That divers Persons have in riotous Manner assaulted his House, and came (fn. 3) and killed his Deer:" Hereupon this House Ordered, That these Persons following shall be sent for, and brought before this House, and this Business to be further then taken (fn. 4) and examined:

John Taverner, of Epping, Draper, vocat. Pr. Robert.
Ric'd Nicholls, a Carpenter.
Edward Stace, Junior, a Yeoman.
Laurance Walker, of Epping, Shoemaker.
Edward Westwood, of Weale Gullet, Yeoman.
Ric'd Westwood, a Yeoman.

Order to prevent the further seizing of Horses, &c.

Upon Complaint of the great Abuse of seizing Horses, and breaking open of Stables, and carrying them away, under Pretence of recruiting the Army with Horses: It was Resolved, To have an Order drawn, to revoke all former Orders for seizing Horses; and that a Liberty may be given to the Lord General and the Committee for the Safety of the Kingdom, for recruiting the Army in such a Way as is fitting:

Thanksgiving for the Victory at Chichester.

Ordered, That the Lord Mayor of the City of London shall be sent to, to give Order, That Public Thanks shall be given to Almighty God, in all the Parish Churches of London, and the Liberties thereof, on the next Lord's-day, for the late Victory at Chichester, obtained by the Parliament Forces; and Bells and Expressions of Joy this Night to be done, as is usual.

And the like Order for Westm. and the Liberties thereof.

Beverlett and Le Grand.

Upon reading the Certificate of Mr. Baron Trevor and Mr. Justice Foster; it is Ordered, That Berverlett shall be released from his Restraint; and that, if Le Grand will have the Goods restored to him which were deposited in Beverlett's Hands, that he give such Security as shall be fit, to save him harmless from Desormeaux, for whose Accompt those Goods were deposited in his Hands. (Here enter it.)

Message from the H. C. with a Letter from Lord Fairfax;

A Message was brought from the House of Commons, by Sir Wm. Strickland, which consisted of these Particulars:

1. To communicate a Letter from the Lord Fairefaix. The Letter was read, as followeth. (Here enter it.)

Ordered, To be printed.

with a Deputy Lieutenant's Name for Lincoln;

2. To desire Concurrence in nominating Sir Tho. Trollop, Knight, to be a Deputy Lieutenant in the County of Lyncolne.

Approved of.

and for Concurrence in the following Orders.

3. To desire Concurrence to these Orders following:

1. An Order to give Power to a Committee to give Warrants and Licences, for sending over Victuals and Cloaths, &c. to Ireland. (Here enter it.)

Agreed to.

2. An Order concerning Lambeth House, and the Officers and Keepers there, &c. (Here enter it.)

Agreed to.

Ordered, That Mr. Howell, a Servant of the Archbishop of Cant. is to be permitted to live in the House of Lambeth, instead of Mr. Dobson, unless there be just Exceptions against him.

3. An Order to compel Soldiers, in London, Westm. and the County of Midd. to come to their Colours upon Summons. (Here enter it.)

Agreed.

4. An Order to pay to Wm. Hawkins Thirty Pounds, Sixteen Shillings. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to nominating of Sir Tho. Trollop to be a Deputy Lieutenant of Lyncolne; and that this House agrees with the House of Commons in all the Orders now brought up, excepting the Order concerning Lambeth House, (fn. 6) to which their Lordships will send an Answer by Messengers of their own.

Message to the H. C. for Mr. Howell to live in Lambeth House.

A Messenger was sent to the House of Commons, by Dr. Bennet and Dr. Ayleff:

To let them know, that this House hath altered Francis Howell, a Servant of the Archbishop of Cant. to be appointed to live in the House at Lambeth, instead of Mr. Dobson, unless the House of Commons know of any just Exceptions to the said Howell.

Essex Petition presented.

The House was informed (fn. 7) that certain Gentlemen of Essex were ready at the Door, to present a Petition to their Lordships: They were called in; the House received it, and commanded it to be read, which accordingly was done, in hæc verba:

The Answer returned was:

Answer.

That this House approves of the End of their Petition, which is Peace; and their Lordships are, and always have been, desirous of it, and endeavour to further it: But this House utterly dislikes the Manner of it, in prescribing what Way this House should proceed in, which is wholly to be left to the Wisdom and Judgement of this House, and not to be prescribed.

Information of a Proclamation for the Adjournment of some Courts to Oxford.

Upon Information to this House, "That there is a Proclamation for the Adjournment of some Courts the next Term to Oxford, Chancery, Receipt of Exchequer, Dutchy of Lancaster, Wards and Liveries, Court of Requests, which is Matter of great Concernment:" Therefore this House Resolves, To communicate it to the House of Commons, and acquaint them with it at a Conference To-morrow Morning; and to let them know, that many Inconveniencies will ensue if this Proclamation takes Effect.

Message to the H. C. for a Conference about it.

And immediately a Message was sent to the House of Commons, by

To let the House of Commons know, that this House is informed of a (fn. 8) Proclamation from the King, for the adjourning of some Courts the next Term to Oxford; concerning which, their Lordships are resolved to have a Conference with them To-morrow Morning about it.

Horses seized from the Essex Gentlemen, who presented the Petition, to be returned.

Upon Information, "That the Gentlemen that came with the Essex Petition hath had their Horses taken from them last Night, by Mr. Beard and Mr. Browne:" It is Ordered, That the said Mr. Beard and Mr. Browne shall presently deliver the Horses to the Gentlemen of Essex, and attend this House Tomorrow Morning, to shew by what Warrant they seized them.

Lord Fairfax's Letter concerning the Proceedings of his Army in Yorkshire.

"I have of late addressed some Relations of my Proceedings here, to the Committee appointed for the Safety of the Kingdom; being assured that they would from Time to Time impart them to both Houses, that such Consideration might be had of them as the Necessity of the Cause required: Now I address this Relation to you, not doubting but that it shall be timely imparted to both Houses, and to the Committee for the Safety of the Kingdom, that, the Affairs of this Country being known to them all, they may be provided for, as their great Wisdoms shall see convenient. I have formerly advertised that the Earl of Newcastle's Army have seized upon Leeds, where they plunder the well-affected Party, and raise a very great Sum of Money out of those that they can draw to compound for their Securities; and from Leedes they marched on Sunday the 18th of this Month, with Five Troops of Horse, Six Companies of Dragooners, Two Hundred Foot, and Two Drakes, of the Earl of Newcastle's Army, besides Sir William Savile and divers other Gentlemen of Yorkshire, and their Forces that joined themselves with them, and came to Bradford about Ten of the Clock in the Morning, intending to surprise the Town in Time of Prayer; but the Town, having Scouts abroad, had Notice of their coming, and gave the Alarum to the Country, who came in to their Succour from the Parts adjoining; yet they had not in all above Eighty Muskets, the rest being armed with Clubs, and such rustic Weapons; with which small Force, they put the Cause to Trial with the great Strength of the Enemies, who planted their Drakes, and discharged each of them Seventeen Times upon the Town, until a Townsman, with a Fowling-piece, killed one of the Cannoneers; and then they all with great Courage issued from the Town upon the Enemies, and killed many of them, and took about Thirty Prisoners, and forced the rest to retreat, leaving Forty of their Muskets, and a Barrel of their Powder, with much other Provision, behind them, and this with Loss of Three Bradford Men: The Report of the Country is, That the Enemies, amongst those that were killed, lost Colonel Evers, and Captain Bynnes, and another Commander; and that Colonel Goreing (General of the Horse with the Earl of Newcastle) was wounded, and Serjeant Major Carr taken Prisoner; and it is generally spoken that One Hundred and Fifty more are run away upon the Retreat, and are not since returned to Leeds; in which Victory the Hand and Power of God was most evident, the Town being open on all Sides, and of itself not defensible, assaulted on every Side by a malicious and bloody Enemy, and defended by a few half-naked Men, there being in the Town not above Eighty Muskets before they got Forty more by the Spoils of their Enemies, so that the Slaughter was for the most Part with Clubs, and Scithes mounted on Poles, when they closed and came to Hand-blows. With this Defeat the Enemies are so enraged, as they threaten a Revenge to Bradford, whereupon the Bradford Men sent to me for Succour of Men and Arms; and I have sent my Son and Sir Henry Fowlis to them, with Three Troops of Horse and One Hundred and Twenty Dragooners, who are safely arrived there, and received with great Joy and Acclamation of the Country, who flock to him, and offer themselves most willingly to serve against their Popish Enemies, if Arms could be furnished to them; he hath already surprised some Victuals, sent in upon Warrants to the Enemy at Leeds by the over-awed Country; and he hath sent Captain Mildmay, with his Troop of Horse, and some Dragooners, into Craven, to stop the raising of Money and Forces in that Country, which is attempted by the Earl of Cumberland, who is lately retired from Yorke to Skipton; and I hope he will leave nothing unattempted that may conduce to the Safety of the Country, so far as can be expected from the few Forces he hath with him. The Earl of Newcastle proceeds in raising Money by all the illegal and oppressive Ways that can be devised, and, both by the Commission of Array, and by Presses made in the Churches, raiseth all the Men he can; which being attempted in Cleveland by certain of the disaffected Gentry, their Expectations were prevented, and the Resort and Appearance of the People stopped, and the Commissioners themselves forced to fly, by Sir Hugh Cholmely, to whom I sent special Order to that End; and I hear he hath also been at Maulton, and there surprised both the Receiver and Monies raised out of the Country thereabouts by those Warrants. I cannot hear certainly what Monies or Men the Earl of Newcastle hath raised since he came into this Country; but he grants Commissions to sundry Convict Recusants, to raise Troops of Horse; as Sir John Middleton, Sir Walter Vavassor, Mr. Tindall, and others, who I hear are now raising their Men; and I hear daily Complaints of horrible Plunders and Spoils done by that Army, and those by special Order, and in such Manner as, if they be not speedily restrained, and this Popish Army expelled the Country, they will not only utterly ruin the Trade and Commerce of the Country, but discourage and disable all Husbandry, and so bring Poverty and Famine upon the Land. Since my last Estimate of our Forces, there is little Alteration of them; only One Hundred and Twenty Dragooners of Sir Anthony Irbye's Regiment are come, which I have sent to Bradforde with my Son; and Colonel Boynton with his Regiment, being Five Hundred Foot, and Forty Horse, are come hither; and Captain Crompton's Dragooners, as he complains to me, are all run away, so I have given him a new Commission to raise a Company; and for any further Supplies, I cannot expect them until the Aids come from the South; for Sir Hugh Cholmely, as I hear, cannot bring One Hundred and Thirty Men, and those are so much desired to be retained in the North Riding, to interrupt the Rising of that Country in Aid of the Earl of Newcastle, as I do not press his March this Way; and for the Lincolneshire Aids expected to be sent us, I cannot hope for any from them, having this Day received a Letter, by Captain Hatcher, wherein the Earl of Lincolne and the Committee at Lincolne write, that they are not able to defend themselves against Five Hundred Foot and Three Troops of Dragooners, and Two Troops of Horse, with Seven Pieces of Ordnance, sent to Newarke by the Earl of Newcastle, and therefore desire Help from me. I have formerly represented to the Committee the extreme Want of Money here, and how impossible it is to raise any, the Enemy being Master of the Field. I have sent to Sir John Hotham, Sir Edward Rhoades, Sir Hugh Cholmely, and Captain Hotham; but they all alledge great Necessities of their own, and help me with none, so that I am put upon such Streights as seldom happen, to retain an Army together, and with it serve upon a more potent Enemy, having neither Money to pay them, nor free Quarter to give them. If speedy Supply of Money do not come, I much fear the Soldiers will steal away, and desert the Service. I now have received your Letters, signifying that the House have designed us Ten Thousand Pounds to be presently sent, and do take further Care for all Necessaries to be supplied; for which, I beseech you, return my humble Thanks, and assure them that there shall want no Care nor Fidelity in me to advance the Service, so highly concerning the Religion and Laws of the Land. I am now about to procure Billet for Fourteen Days of the Inhabitants of the Towns where I quarter, and to engage for the Payment as soon as the Money comes to me; all which, I beseech you, represent to that Honourable Assembly, whose Care I doubt not but will supply all our Wants now represented, especially hasting down the Forces of the Southern Parts, with the Monies intended for our Supplies. It is advised by the Commanders here, not to fall upon any of the Enemies Quarters at this Time, until we be stronger, or have certain Intelligence of their Weakness; in the mean Time, we lye still, waiting for Opportunities, which shall not be neglected, if once offered unto

"Your affectionate Friend and Servant,

"Fer. Fairefax.

"P.Script. The Enemy hath made no Attempt upon any of our Quarters, since our Remove from Tadcaster, until this Morning, when Five Troops of Horse, and Three Companies of Dragooners, from Sherbourne, fell upon our Quarter at Brayton, where Two Companies of our Foot and One Troop of Horse quartered: They came in so fast with our Scouts, that they were in the Town before many of our Men could be drawn out; yet the most Part of our Soldiers carried themselves with such Resolution, as they forced the Enemy to retreat in great Confusion, and took Three of them Prisoners, and this with the Loss of One Man of our Part."

Selby, the 29th December, 1642.

Le Grand and Beverlett.

"According to your Lordships Order of the 15th of October last, we have called all the Parties and such as follow the Business of them before us, and have heard what they could say touching the Matter of Security referred unto us; and the Question being betwixt them, whether the Goods delivered to Beverlett were delivered for Want of Bail only, or delivered towards the Payment of the Debt claimed due by Desermeux, which Debt Le Graund denieth to be due, and that (fn. 9) it was offered on the Part of Desermeux speedily to go to Trial in Guildhall, to prove the Debt due unto him; and Beverlett himself claims nothing in the Goods to his own Use, only desires to be saved harmless against Desermaux; and on the Part of Desermoux it was offered, that, in Case Le Grand would give Bail to the Action, Beverlett should by Consent deliver the Goods to Le Grand; and because Le Grand was but of weak Estate, if the Trial did proceed, and pass for Desermaux, he should take but Five Shillings in the Pound for his Debt; and if that passed against Desermaux, he should pay very good Costs to Le Grand, for Charges of Suit; but it would not be consented unto by Le Grand, nor those that followed the Business for him, pretending his Poverty to be such as he could give no Security to Beverlett. All which we humbly leave, &c.

1 Nov. 1642.

"Tho. Trevor,
Ro. Foster."

"Richard Le Grand maketh Oath, That the Goods of his, mentioned in his last Petition exhibited to your Lordships, which, by virtue of your Lordships Order thereupon, should have been re-delivered unto him by John Beverlett, a Frenchman, living in London; the said Beverlett utterly refuseth to obey the same, notwithstanding that he hath been sundry Times served with the said Order."

Jur. 6 Octobris, 1642.

Rob't Aylett.

Order to give Power to a Committee to give Licences for sending over Victuals for Ireland.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That (fn. 10) a select Committee of the House of Commons, appointed to take Care of the Affairs of Ireland, may give forth Warrants and Licences unto all the Officers of His Majesty's Ports, and to the Governors and Captains of Castles and Forts, and Captains and Masters of Ships, whom it may concern, for the Free Shipping and Transporting, from any the Ports of this Kingdom, into Ireland, all such Victual, Cloaths, Arms, or Ammunition, as shall be from Time to Time provided here by the Parliament, for His Majesty's Armies in the several Ports of that Kingdom; and that all His Majesty's Officers and Ministers, and all others whom it may concern, do give due Observance to such Warrants and Licences, as they tender the Service, and will answer the contrary."

Order to compel Soldiers, in London, Westminster, &c. to come to their Colours upon Summons.

"Whereas many of the Trained Bands and others, listed under several Colonels and Captains inhabiting within the Cities of London and Westm. and the County of Midd. have neglected to make their Appearance in Arms, to do such Service, by Day or Night, within the Cities and Liberties aforesaid, and in the Tower of London, as of them have been required, being lawfully summoned thereunto, by the Beat of Drums, or otherwise, for the Defence of the King and Parliament, the Safeties of the City and Tower of London, with the adjacent Parts of the (fn. 11) County of Midd.: For the Reformation of so great a Neglect, and for the avoiding of so imminent Evils in these dangerous Times that might ensue thereupon, it is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the Colonels, Captains, and Lieutenants of the Trained Bands, or others, in the Cities of London and Westm. and Suburbs thereof, and the County of Midd. may inflict the Punishment of Two Days Imprisonment, without Bail or Mainprise, or the of Five Shillings, for Supply of the Service, upon such Soldiers under their Commands as shall not repair to their Colours at the Time appointed, and do their Duties there, when and as often as they shall be thereunto required, unless they be reasonably excused, and that made known to the Captain or other Chief Officers; or, being come to their Colours, shall depart before they be lodged; or, being to find Arms for others, shall refuse to provide them when and as often as they shall thereunto be required."

Order for 30 l. 16 s. to Mr. Hawkins, for attending on the Committee for Irish Affairs.

"Whereas, upon the humble Desire of William Hawkins, Gentleman, that Allowance might now be made and paid unto him, for his constant Attendance upon the Committee appointed to take Care of the Affairs of Ireland, after the Rate of Eight Shillings per Diem, as was formerly allowed him until the 15th Day of September last, for his Attendance as Secretary upon the Lords and others His Majesty's Commissioners for the Affairs of that Kingdom; the said Committee, considering his Daily Labour and Attendance for that Service, have thought fit that the same Allowance be continued unto him, and that Order should be given as well for the present Payment out of the Adventurer's-money for Ireland, so much as after that Rate the same Allowance doth amount unto, from the said 15th Day of September to the 1st Day of December now last past, as also for the further Payment hereafter of such other Sums as, according to that Rate, shall arise for his said Labour and Attendance; the same being allowed of and certified, from Time to Time, by the said Committee: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That the Receivers of the Adventurers-money, upon Subscriptions for Land in Ireland, do forthwith pay unto the said William Hawkins, the Sums of Thirty Pounds, and Sixteen Shillings, for his Labour and Attendance on that Service, for Threescore and Seventeen Days, after that Rate, beginning the said 15th Day of September, and ending the last Day of November; and that, from thence forward, and for the Time to come, the said Receivers, or other Receivers or Treasurers for the Wars of Ireland, do pay unto him such further Sums of Money as, after that Rate of Eight Shillings by the Day, shall be coming unto him for his Labour and Attendance in that Service, as the same shall be certified and ordered by the present Committee for the Affairs of Ireland, or any other Commissioners or Committees of Parliament hereafter appointed for that Purpose, who are hereby authorized to make such Orders and Certificates; and that the said Receivers and Treasurers shall be allowed the same, from Time to Time, upon their Accompts respectively."

Essex Petition.

"To the Right Honourable the Lords and Commons assembled in this present Parliament.

"The humble Petition of the Inhabitants within the County of Essex, whose Names are hereunto subscribed and annexed,

"Sheweth,

"That we, your Petitioners, true Members of this Church and State, being sensible of the present Distractions and bloody Miseries wherein this Nation most unhappily is involved, whereby the Ruin of our Religion, Estates, Lives and Liberties, is inevitably threatened, in a most unnatural and Unchristian Manner; the nearest and dearest Relations (fn. 12) are plotting and acting Destruction each to other: Neither is this our great Misery bounded within our selves; but it extendeth itself to our poor Brethren of bleeding Ireland, not only to the Ruin of their Persons and Estates, but even to the utter Extirpation of the Protestant Religion itself in that miserable Kingdom, by disabling us to afford them that timely Aid and Assistance which in Truth were due unto them: The tender Consideration of the Premises doth enforce us humbly to address ourselves to the Favour and Wisdom of this Honourable Court for Relief; not doubting but that the Blessing of God, meeting with your grave and timely Endeavours, may yet put a Period to these our miserable Distractions; and, to that End, we have addressed ourselves by Petition to His Sacred Majesty:

"And therefore do, in all Humility, beg that you would be pleased seriously to consider of our present and approaching Calamities; and, before any more Blood be shed, to tender with all possible convenient Speed unto our Gracious Sovereign such Propositions for Accommodation, as may be for the Preservation of the true Protestant Religion, His Majesty's Safety and Honour, the Peace and Prosperity of all His Subjects.

"And we shall pray, &c."