House of Lords Journal Volume 5
26 January 1643

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 5: 26 January 1643', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 570-574. URL: http://www.british-history.ac.uk/report.aspx?compid=35011 Date accessed: 30 August 2014.


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Contents

DIE Jovis, videlicet, 26 die Januarii.
Lady Capell; a Pass. Hope, a Pass. Carr, a Pass. Bernardi, a Pass. Scudamore, a Pass. Message to the H. C. for an Answer about revoking the Ordinance for seizing Horses. D. of Espernoon's Horses to beirestored. Printers attached. Message from the H. C. with Orders for the Lords Concurrence; and for a Conference about the Propositions. Answer. Orders from the H. C. for the Lords Concurrence. Mr. Walter Mountague's Cause. Answer from the H. C. about revoking the Ordinance for seizing Horses. The Ordinance revoked. To be published. Conference about the Propositions reported. Bill against scandalous Ministers. Post meridiem. Mr. Chichley to see the King's Children. Amendments to the Propositions considered. Message from the H. C. with Ordinances for the Lords Concurrence. Answer. Bill for abolishing Episcopacy. Message to the H. C. for a Conference about the Propositions. Answer from the H. C. Subject of the Conference. Order for 138l. 4s. 1d. to be paid to Geo. Evans, for Wheat sent into Ireland. Order for 500l. to Sir William Cole, for the Garrison of Iniskillen. Order for 1163l. 14 s. to Nagle, for Provisions sent to Ireland. Capt. Bingsley to keep his Company in Ireland: His Absence from it to be dispensed with. Order for 41l. 5 s. to Capt. Thornton. 400l. to be paid to Mr. Thompson, for a Ship to transport Cloaths to Ireland. Ordinance for assessing Lancashire, for Relief of Manchester &c. Order for a Penalty, for neglecting to watch in the Trained Bands at Norwich. Adjourn. Footnotes

DIE Jovis, videlicet, 26 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Lady Capell; a Pass.

Ordered, That the Lady Capell shall have a Pass, to come to London, with her Coach and Horses and Servants, to see her Grandmother sick in London.

Hope, a Pass.

Ordered, That Mr. Hope shall have a Pass, to go to Oxford, and from thence into Scotland.

Carr, a Pass.

Ordered, That Patrick Carr shall have a Pass, to go to Portingall.

Bernardi, a Pass.

Ordered, That Francis Bernardi, Agent to the Ambassador of Spaine, shall have a Pass, for himself and a Servant, to go to Oxon, to His Majesty, about Business concerning His Majesty the King of Spaine.

Scudamore, a Pass.

Ordered, That Ambrose Scudaamore shall have a Pass, to go to Herefordshire.

Message to the H. C. for an Answer about revoking the Ordinance for seizing Horses.

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

To desire an Answer, touching the late Conference, concerning the revoking the Ordinance concerning Taking and Seizing of Horses, because this House hath since received many Complaints of the Taking away and Seizing of Horses.

D. of Espernoon's Horses to beirestored.

Ordered, That the Warrant for restoring the Duke of Espernoon's Horses shall be directed to Sir Arthur Haslerig, in whose Possession his Horses are.

Printers attached.

Ordered, That the Printers that printed the Pamphlet, intituled, A Letter sent by Mr. Henry Jarmin to Mr. Wm. Murrey; and another Paper, of the Act against Bishops, shall be attached, and brought before this House.

Message from the H. C. with Orders for the Lords Concurrence;

A Message was brought from the House of Commons, by Mr. Wheeler, who brought up divers Orders, wherein they desired their Lordships Concurrence.

Send an Answer by Messengers of their own.

and for a Conference about the Propositions.

2. To desire a present Conference, concerning the Propositions.

Agreed, To give a present Free Conference, in the Painted Chamber, as is desired.

Answer.

The Answer returned as abovesaid:

Some of the Orders were read as followeth:

Orders from the H. C. for the Lords Concurrence.

1. An Order to pay to Mr. George Evans, Merchant, One Hundred Thirty-eight Pounds, Four Shillings, and a Penny, for Wheat, for Ireland. (Here enter it.)

Agreed to.

2. An Order to pay to Mr. Loftus, for Mr. Barcklay, such Monies as shall come in upon the Act of Contribution. (Here enter it.)

Agreed to.

3. An Order to pay to Mr. Loftus Eleven Hundred Sixty-three Pounds, and Fourteen Shillings, for the Affairs of Ireland. (Here enter it.)

Agreed to.

4. An Order that Captain Ric'd Bingsley shall keep his Company in Ireland, he being employed actually in Service in the Army here. (Here enter it.)

Agreed to.

5. An Order to pay to Captain Thorneton Forty-one Pounds, Five Shillings. (Here enter it.)

Agreed to.

6. An Order for paying Monies to Mr. Maurice Tompson, for conveying of Cloaths and Ammunition to Carricksergus. (Here enter it.)

Agreed to.

7. An Order for securing the County of Lancaster. (Here enter it.)

Agreed to.

8. An Order concerning the Captains and Soldiers of the Court of Guards. (Here enter it.)

Agreed to.

Mr. Walter Mountague's Cause.

Ordered, That the Money of Mr. Walter Mountague's shall be deposited in the Hands of the Earl of Manchester, there to remain until the Cause be heard; and that the Sheriffs shall go on in the Attachment of the said Money.

Answer from the H. C. about revoking the Ordinance for seizing Horses.

The Messengers sent to the House of Commons returned with this Answer:

That the House of Commons have taken their Message into Consideration, and do concur with their Lordships in revoking the former Ordinance for Seizing (fn. *) and Taking of Horses.

The Ordinance revoked.

"Upon this, (fn. †) it is Ordained, by the Lords and Commons in Parliament assembled, That the Ordinance of both Houses of Parliament, dated the 15th of November last, granted to Maximilian Bard and Thomas Browne, and others, for the Taking (fn. †) and Seizing of Horses, Mares, and Geldings, is hereby revoked, and made void and (fn. ‡) of none Effect; and that, if the said Maximelian Bard, and Thomas Browne, or any, shall seize any Horses, Mares, or Geldings, hereafter, by Colour of the said Ordinance, (fn. *) they shall be proceeded against as Felons, according to the Laws of this Land."

To be published.

Ordered, That this Ordinance be forthwith printed and published.

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

Conference about the Propositions reported.

And the Speaker reported the Effect of this Conference:

"That, in the Sixth Proposition, these Words ["and be for ever disabled by the Act of Parliament"] shall be left out; and, instead thereof, these Words inserted ["That they may not bear any Office, &c."] prout in the Article.

As to the Alteration in the Eighth Proposition, concerning Justice Foster to be Lord Chief (fn. †) Baron of the Exchequer, the House of Commons do adhere to their former Proposition, to recommend Mr. Serjeant Wylde.

"As to the Alteration in the Twelfth Proposition, the House of Commons doth agree to it.

"As to the Desire of the Lords, that, in the Thirteenth Proposition, that such Delinquents might be nominated as the House would proceed against, the House of Commons doth not assent unto it, but do adhere to their former Propositions.

"That the House of Commons doth agree with the Lords, not to limit a Day; but to desire a speedy and positive Answer, and that a Delay shall be taken as a Denial.

"The House of Commons desires, that the Title of the Bill for extirpating of Bishops, &c. may be inserted among the Propositions, and the Bill go with the Propositions.

"That the House of Commons have made a Conclusion to the Proposition, wherein they desire their Lordships Concurrence; which followeth, in hæc verba: videlicet,

"These Things being granted, obtained, and performed, as it hath always been our hearty Prayer, so shall we be enabled always to make it our hopeful Endeavour, that Your Majesty and Your People may enjoy the Blessings of Peace, Truth, and Justice; the Royalty and Greatness of Your Throne may be supported by the loyal and bountiful Affections of Your People; the Liberties and Privileges maintained by Your Majesty's Protection and Justice; and this Public Honour and Happiness of Your Majesty and all Your Dominions communicated to other Churches and States of Your Alliance, and derived to Your Royal Posterity, and the future Generations in this Kingdom for ever.

Bill against scandalous Ministers.

"It was further desired, that their Lordships would dispatch the Bill against scandalous Ministers."

Ordered, To be further considered of this Afternoon, at Three of the Clock.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Mr. Chichley to see the King's Children.

The House being informed, "That Mr. Chichley is come to Town, with a Command from the King to come to St. James, to see the King's Children:" The House taking this into Consideration, that he is come without a Trumpet, Ordered, That the Yeoman Usher attending this House shall go to him, and go with him to see the King's Children at St. James; and to let him know, that, after he hath seen the King's Children, it is expected that he presently after go out of Town, and that he stay with him until he go; and, during his Stay in Town, he shall not suffer any Person to speak with him, or deliver any Letters to him.

Amendments to the Propositions considered.

Next, the (fn. *) House took into Consideration the Conference brought from the House of Commons, being the Alterations in the Propositions.

The First was, the Sixth Proposition, concerning the Earl of Bristoll.

And it was Resolved, upon the Question,

That this House agrees with the House of Commons in this Sixth Article, as it (fn. †) is now brought up.

And concerning the Alteration in the Eighth Article, Whether Justice Foster or Mr. Serjeant Wyld shall be recommended to the King, to be Lord Chief Baron of the Exchequer;"

Resolved, upon the Question,

That this House agrees with the House of Commons, that Mr. Serjeant Wyld shall be recommended to the King, to be Lord Chief Baron.

To the Thirteenth Proposition, concerning the General Pardon, this House agrees with the House of Commons in the Alterations as their Lordships made.

The House of Commons agrees with his House, not to fix a Day, but to desire a speedy and positive Answer.

In the Conclusion, these Words were added ["granted and performed"].

Message from the H. C. with Ordinances for the Lords Concurrence.

A Message was brought from the House of Commons, by Sir Henry Mildmay; who brought up Three Ordinances, wherein (fn. ‡) they desired their Lordships Concurrence.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Bill for abolishing Episcopacy.

Next, this House was adjourned during Pleasure into a Committee; and the Committee to consider of the Bill for abolishing of the Bishops did consider of the said Bill.

And the House being resumed;

It was reported, "That the Committee have considered of the said Bill, and think it fit to pass as it is, without Amendment."

Then,

Hodie 3a vice lecta est Billa, An Act for the utter abolishing and taking away of Archbishops, and Bishops, &c.

And it being put to the Question;

It was Resolved, To pass as a Law, nemine contradicente.

Ordered, That the Title of this Bill shall be sent as a Proposition to the King, with the Bill.

The House Resolved, To have Conference with the House of Commons, concerning the Propositions.

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

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a present Conference, concerning the Propositions to be sent to His Majesty.

The Lord Wharton reported, "That the Committee have considered of the Ordinance concerning a Public Acknowledgement to be made of the National Sins of this Kingdom, and have made some Alterations in it;" which was read.

Ordered, To be re-committed.

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons will give a present Conference, as is desired, in the Painted Chamber.

Subject of the Conference.

The Speaker was to let the House of Commons know, That their Lordships do agree with the House of Commons in the Propositions, with a small Alteration in the Conclusion; and that this House agrees with them to send the Title of the Bill for taking away of Bishops in the Propositions to the King, together with the Bill."

House adjourned during (fn. *) Pleasure, and the Lords went to the Conference; which being ended, the House, was resumed.

Order for 138l. 4s. 1d. to be paid to Geo. Evans, for Wheat sent into Ireland.

"Whereas it appeareth, by the Certificate of the Lords Justices and Council of Ireland, bearing Date the 24th Day of September, 1642, presented to the Committee appointed to take Care of the Affairs of Ireland, That George Evans, Merchant, hath delivered into His Majesty's Stores in Dublin, One Hundred Forty-one Barrels and Three Quarters of Wheat, at Nineteen Shillings Six Pence the Barrel; amounting to the Sum of One Hundred Thirty-eight Pounds, Four Shillings, and a Penny, to be paid in London, to the said George Evans or his Assigns, out of the Chamber of London, by those who are or shall be thereunto assigned, within Thirty Days after Sight of the said Certificate (their Second not being paid), according to the Order of Parliament in that Behalf published in Print: It is Ordered, by the Lords and Commons in Parliament assembled, That the Receivers of the Adventurersmoney for Ireland do pay unto Mr. Nicholas Loftus, Deputy Treasurer at Wars for that Kingdom (or his Agents here), the said Sum of One Hundred Thirty-eight Pounds, Four Shillings, and One Penny, to be by him or them paid over to the said George Evans, or his Assigns, forthwith, in full Satisfaction of the said Wheat so delivered as is certified, and according to the Order of Parliament in that Behalf."

Order for 500l. to Sir William Cole, for the Garrison of Iniskillen.

"Upon reading of the Petition of Sir William Cole, Knight, and Colonel, whereby it appeareth, That the Castle and Garrison of Eniskillen, in the County of Fermanagh, and Province of Ulster, are in great and extreme Want of Victuals, Arms, and Ammunition, whereby that Place of great Importance is in much Danger to become a Prey unto the Rebels; and upon Reference thereof to the Committee for the Affairs of Ireland, it was by them thought fit and necessary that they be forthwith relieved from hence, with a Proportion of Victuals, Arms, and Ammunition; and that the Cloaths and other Accommodations formerly (fn. †) ordered for the Regiment of the said Sir Will'm Cole, amongst others in that Province, be hastened unto him: It is therefore this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the Treasurers within the City of London, named in an Act for speedy Contribution, &c. do forthwith pay, out of such Monies as are or shall come to their Hands by virtue of that Act, unto Nich. Loftus, Deputy Treasurer at Wars for that Kingdom, or his Agents here, the Sum of Five Hundred Pounds, to be by him or them paid over unto Mr. Robert Berkly, Agent for the said Sir Wm. Cole, and for his Use, upon Accompt, to be bestowed and laid out for the speedy providing of Victuals, Arms, and Ammunition, for Supply and Relief of the said Castle and Garrison of Eniskillen; and that an Accompt of the same be delivered unto the Treasurer at Wars for that Kingdom, or his Deputy here, to the End that Defalcation may be made of the Victual and Arms, out of the Pay that shall be due and coming to that Regiment; and for so doing, this Order, together with the respective Acquittances of the said Mr. Lostus and Mr. Berckley, shall be, as well unto the said Treasurers as unto the said Mr. Lostus or his Agents, a sufficient Warrant and Discharge."

Order for 1163l. 14 s. to Nagle, for Provisions sent to Ireland.

"Whereas it appeareth to the Committee appointed to take Care of the Affairs of Ireland, by the Certificate of Richard Myers, Provant-master for the Army at Youghall in that Kingdom, dated the 15th Day of July 1642, that he, by Order of the Lord President of Munster, upon the Petition of Nicholas Nagle, Merchant, did receive into His Majesty's Stores for the Army One Hundred and Sixteen Barrels of Beef, at Twenty-five Shillings per Barrel, amounting to One Hundred Forty-five Pounds; Forty-three Barrels of Herrings, at Eighteen Shillings the Barrel, amounting to Eighty-three Pounds, Fourteen Shillings; and Two Thousand Eight Hundred Barrels of Salt, at Seven Shillings the Barrel, amounting to Nine Hundred and Eighty Pounds, Part whereof were seized as the Goods of the said Nicholas Neagle, and the rest offered by him for Supply of the Stores; which, being valued and rated by Nicholas Magbeere and John Salman, Merchants, of the Town of Youghall, by the Order of the Right Honourable the Earl of Corke, do amount in the whole to the Sum of One Thousand One Hundred Sixty-three Pounds, Fourteen Shillings: Forasmuch as the Consideration hereof is referred by the House of Commons to the Committee, it is now Ordered, by the Lords and Commons in Parliament, That the Receivers of the Adventurers-money of Ireland do pay unto Nicholas Lostus, Deputy Treasurer at Wars for that Kingdom, or his Agents here, the Sum of One Thousand One Hundred Sixty-three Pounds, Fourteen Shillings, to be by him or them paid over to the said Nicholas Naglie, or his Assigns, forthwith, in full Discharge of the said Beef, Herrings, and Salt, so delivered by the said Nicholas Nagle, for the Use of His Majesty's Army as aforesaid."

Capt. Bingsley to keep his Company in Ireland: His Absence from it to be dispensed with.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Captain Richard Bingsley shall still keep his Company in Ireland, and be dispensed with for his Absence; he being actually in Service in the Army raised here by the Parliament, for Defence of the King and Parliament."

Order for 41l. 5 s. to Capt. Thornton.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fortyone Pounds, Five Shillings, appearing to be due to Captain Isaack Thorneton, by Sir Wm. Uvdall's Accompt, delivered in to the House of Commons, as the Arrears of his Personal Entertainment in the late Northern Expedition, be forthwith paid unto the said Sir William Uvdall, for the said Captain Thorneton or his Assigns, by the Treasurers appointed to receive the Money that shall come in upon the Act of Four Hundred Thousand Pounds."

400l. to be paid to Mr. Thompson, for a Ship to transport Cloaths to Ireland.

"Whereas, in Pursuance of an Order of the Committee of the Affairs of Ireland, Mr. Maurris Tompson and Mr. William Pennoyer, of London, Merchants, have undertaken and agreed to provide a good and serviceable Ship, of the Burthen of Two Hundred Tons, fitted in Warlike Manner, with Ten Guns, and manned and victualed proportionably, for transporting the Cloaths for Five Regiments of Foot, and some Troops of Horse, to Carrickfergus in Ireland, and for carrying of Victual and Ammunition for the Relief of the Soldiers there, for which they are to receive the Sum of Four Hundred Pounds: It is now Ordered, by the Lords and Commons in this present Parliament assembled, That the Treasurers or Receivers of the Adventurers-money upon Subscription for Land in Ireland, or any other Treasurers, Collectors, or Receivers of Monies hereafter given for the Relief of that Kingdom, do, out of the First of such Monies as shall come into their Hands, forthwith pay unto the Treasurer at Wars for Ireland, or his Deputies or Agents here, the One Half of the said Money, being Two Hundred Pounds, to be paid over unto the said Mr. Mauris Tompson and Mr. Wm. Pennoyer; and the Residue, being Two Hundred Pounds, in like Manner at the End of the Service, and after Certificate returned to the Commissioners for the Affairs of Ireland of the Delivery of the Goods, safe and well-conditioned, at the Port of Carrickfergus aforesaid, in full Satisfaction of the Hire of the said Ship; which Sum of Four Hundred Pounds, or as much thereof as hath Relation to the Cloaths and Victuals, to be defalked out of [ (fn. *) the Pay of] those Regiments and Troops, which is or shall hereafter become due unto them; and the Treasurer at Wars is to take Order therein accordingly."

Ordinance for assessing Lancashire, for Relief of Manchester &c.

"Whereas James Earl of Darby, combined with divers other Malignants, hath levied War against the Parliament, and hath, in a Warlike Manner, for this long Time, appeared in the County of Lancaster, and, together with his Adherents, hath besieged the Town of Mancester, and other Towns in the said County, and committed divers Murthers and Robberies; for the resisting and suppressing of whom, many wellaffected Persons in the County of Lancaster have raised Forces, and contributed to the Maintenance of the same: But, the Charge being too great for them alone to bear, and it being equal that others, who have Part of the Benefit, should bear Part of the Charge, it is therefore Ordered, by the Lords and Commons in Parliament, and by the Authority of the same, That it shall be lawful for Ralph Asheton, and Sir Thomas Stanely Baronet, Ralph Ashton of Middleton, Richard Shuttleworth, John Starky, George Doding, Thomas Fell, Robert Courwyn, Richard Holland, Peter Egerton, Edmond Butterworth, John Bradshawe, Esquires, or any Three or more of them, to assess and charge such Person or Persons, Inhabitants of the said County, as are of Ability, and have not contributed to the Propositions, and also such as have (fn. †) contributed, yet not according to their Ability, to pay such Sum or Sums of Money, according to their Estates, as the said Assessors, or any Three of them, shall think fit and reasonable, so as the same exceed not the Twentieth Part of their Estates; and if any Person so assessed shall refuse to pay the Money assessed upon him, it shall be lawful to and for the said Assessors, or any Three of them, to grant Warrants to any Person or Persons, to levy the said Sum so assessed, by Way of Distress and Sale of the Goods of the Persons so assessed and refusing; and if any Person so distrained shall make Resistance, it shall be lawful to and for the said Assessors, or any Three of them, by their Warrant, to require the Parliament Forces in those Parts, and all other His Majesty's Officers and good Subjects, to be aiding and assisting in the Premises; the said Sum, so assessed and levied, to be paid unto Robert Cunliff of Sparth Gentleman, his Deputy or Deputies; and that the Monies so raised shall not be issued out but by Warrant to the said Treasurer, under the Hands of Three or more of the said Assessors; and such Person or Persons as shall be notoriously refractory and disobedient in the Premises, it shall be lawful for the said Assessors, or any Two of them, by their Warrant, to commit them to Prison, and to send them up to the Parliament; and for any Act done, or to be done, according to the Tenor of this Ordinance, they, and every of them herein named, shall be saved harmless, by Authority of both Houses of Parliament."

Order for a Penalty, for neglecting to watch in the Trained Bands at Norwich.

It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Deputy Lieutenants, and several Captains of the Trained Bands and Companies of Voluntiers, in the City of Norwich, shall have Power to command and appoint a competent Number of the said listed Soldiers, to keep a constant Watch or Guard, both by Day and Night, as in their Discretions (by Agreement amongst themselves) shall be thought necessary, for the Safety of the said City; and if any Soldier, warned to give his Attendance either by Drum or otherwise, shall refuse to make his due Appearance, or, being come, shall not carefully and duly attend the said Service, according to the Directions of the said Deputy Lieutenants, Captains, or their Officers, that (fn. *) for every such Misdemeanor the Party so offending shall forfeit and pay the Sum of Two Shillings and Six Pence to the Officers then attending, who is therewith to hire others, for the Discharge of the said Service; and in such Case where divers Parties are listed to One Arms, every Party shall contribute proportionably, after the Rate of Two Shillings Six Pence for Day and Night, for what is passed, and shall be to come; and that those Soldiers that give their Personal and due Attendance on the said Guards shall, during this Occasion, be in respect thereof exempted from their other Attendance of watching in the City as Inhabitants; and in Case any shall refuse to pay the said Sum of Two Shillings Six Pence, upon Default of Non-attendance as aforesaid, and in Contempt to this Order, that then the said Party or Parties to be committed to Prison, there to remain till full Payment thereof be made."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. that.
Deest in Originali.
Bis in Originali.
* Deest in Originali.
Origin. Justice.
* Origin. House of Commons.
Deest in Originali.
Origin. they in they.
* Deest in Originali.
Origin. order.
* Deest in Originali.
Origin. not contributed.
* Deest in Originali.