House of Lords Journal Volume 5
8 February 1643

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1767-1830

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'House of Lords Journal Volume 5: 8 February 1643', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 592-596. URL: http://www.british-history.ac.uk/report.aspx?compid=35022 Date accessed: 20 October 2014.


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DIE Mercurii, 8 die Februarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Lady Crisp, and Family, a Pass.

Ordered, That the Lady Crispe, her Daughter, and Two Servants, shall have a Pass, with a Hackney Coach, to go to Oxford and back again.

Profits of the Living of Bushy sequestered from Dr. Seaton.

The House receiving Information from the House of Commons, "That there is just Reason to pass the Order for sequestering the Profits of the Parsonage of Bushy, which is Doctor Seaton's:" Hereupon this House Ordered, To agree with the House of Commons in the Order brought formerly from the House of Commons. (Here enter it.)

Mrs. Rogers, a Pass.

Ordered, That a Pass shall be given, to send a Coach, to fetch up Mrs. Rogers, Midwife, out of Dorsettshire.

Battin, a Pass.

Ordered, That Rob't Battin, a Page of the Back Stairs, shall have a Pass, to go to Oxford, to claim his Place.

Ordered, That the Duke of Espernoone (fn. *)

Sir Francis Dodington's Petition, to be removed from Windsor Castle to the Custody of Mr. Brigham in Westminster.

Upon the Petition of Sir Francis Dodington, a Prisoner in the Keep in the Castle of Windsor; shewing, "That he was taken at Tavestocke, in the County of Devon (where he was about his Occasions), and thence sent up to the Parliament, and committed; whereupon he remained a Prisoner, in The Gatehouse and Winchester House, for the Space of Fourteen Weeks; to which in all Humility he submitted himself, in daily Hopes of his Deliverance, by his Trial; or otherwise, by the Clemency of this House, upon Bail, till there might be Time for his Trial.

"That afterwards he was removed to Winsor Castle, where he hath remained about the Space of a Month.

"That your Petitioner is very sickly, and is now restrained to One Room in the Keep there (where in there are divers other Prisoners), so inconsistent with the sick and infirm Estate of his Body, that he is in great Danger of his Life, if he should continue there.

"The Petitioner's most humble Suit therefore is, that, for the Preservation of his Health, he may be a Prisoner to Mr. John Brigham, of Westm. who will give good Security for his true Imprisonment, till the great Affairs of the Kingdom may give Way for the Petitioner's Trial."

Granted.

The House taking the said Petition into Consideration, and in regard of the ill Health of the Petitioner, it is Ordered, That the said Sir Francis Doddington shall be removed from Windsor, and kept in safe Custody of Jo. Brigham, he giving Security for his true Imprisonment.

Message from the H. C. for Concurrence in the following Orders.

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

To desire their Lordships Concurrence in Two Orders for the raising of Monies.

1. An Order to enable the Treasurers (fn. *) to give Acquittances to Persons that shall advance Monies in the City of London. (Here enter it.)

Agreed to.

2. An Ordinance concerning the assessing of divers Persons, in the City of London, according to the Ordinance of the Twenty-ninth of November. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in these Two Orders now brought up; and that the Ordinance shall be printed and published.

Herne, for printing Pamphlets since he was committed.

Ordered, That Herne, the Printer that hath printed Pamphlets since he was committed to Prison by this House, shall be brought to this House To- (fn. †) morrow, and the Witnesses to be present; and then this House will take the same into Consideration.

Badger and Lownes sent for, for printing Pamphlets, &c.

Ordered, That Badger and Lownes shall be sent for, as Delinquents, and brought before this House, to answer their printing and publishing of Pamphlets and Journals.

Confession at the Fast.

Next, a Paper was read, being a General Confession of National Sins, to be published at the General Fast, by the Ministers. (Here enter it.)

Ordered, That this House approves of this Confession, and that the same be communicated to the House of Commons, to desire their Consent therein.

Ordered, To have a Conference with the House of Commons, to communicate to them the Votes made by this House Yesterday, concerning the King's Answer to the Propositions.

Message to the H. C. for a Conference, about the King's Answer to the Propositions.

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

To desire a Conference, by a Committee of both Houses, in the Painted Chamber, concerning some Votes passed by this House, touching the King's Answer to the Propositions.

Ordinance for the Earl of Warwick to command the Fleet.

Next, the Ordinance appointing the Earl of Warwicke to be Admiral until the Bill passes for settling the Admiralty, was read. (Here enter it.)

Ordered, That this House agrees with the House of Commons in this Ordinance.

Message to the H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Edw. Leech and Dr.

To let the House of Commons know, that this House agrees with them in the Ordinance, appointing the Earl of Warwicke to be Admiral over the Navy.

Captain Nettervile's Allowance in Wood-street Compter.

Upon reading the Petition of Captain Thomas Newtervile, a Prisoner in Wood-streate Compter, London; shewing, "That this House formerly Ordered, That he should be allowed Two Shillings per Diem for his Maintenance, out of the Stock of Money in the Hands of the Clerk of the Crown, which is spent; therefore desires their Lordships further Consideration, for his Relief:" Which this House taking into Consideration, Ordered, That the Keeper of The Compter shall be sent for, to attend this House Tomorrow Morning, to be asked whether he will undertake and be willing to allow the said Mr. Newtervile an Allowance of Maintenance, after the Proportion of Two Shillings per Diem; and this House will take Care to see him paid again.

Ordinance for the Earl of Warwick to command the Fleet.

"Whereas the Earl of Northumberland, a Person of known Integrity and Honour, in whom the King and Kingdom might safely conside, is discharged by His Majesty from being Lord High Admiral of England; the Lords and Commons in Parliament assembled have, for the Safety of His Majesty's Person, the Parliament, and Kingdom, in this Time of imminent Danger, by Ordinance of the Lords and Commons, Ordained, That you, Robert Earl of Warwicke, shall command in Chief the Ships which are now at Sea, or shall be sent to Sea; and shall have Power to grant Commissions, and to remove and displace all Officers and other Persons whatsoever, under your Command, and to place others in their Rooms; and to do all other Acts, in as ample Manner as any Admiral hath formerly done; and have Martial Power, as the General now hath at Land, till an Act of Parliament be passed for the further settling the Admiralty: and all Officers, Mariners, and Soldiers, belonging to the said Fleet, and also all Commanders of Forts, are hereby required to yield Obedience unto you, the said Earl of Warwicke: And it is further Ordered, That you, Robert Earl of Warwicke, and all Officers, Soldiers, and Mariners, obeying your Command in this Service for the Safety of the Kingdom, shall, for your and their Indemnity, be protected by the Authority of the said Houses of Parliament."

The Messengers return with this Answer from the House of Commons.

Answer from the H. C.

That they will give a present Conference, as is desired.

The other Messengers return with this Answer:

That they have delivered their Message to the House of Commons, concerning the Earl of Warwicke's Commission to be Admiral of the Fleet.

The Lords went to the Conference.

Order for Treasurers to give Acquittances to those Persons that shall advance Monies in London.

"It is Ordered, by the Lords and Commons assembled in Parliament, That, if any Person or Persons shall be willing to advance any Sum of Money for some few Days, for the present necessary Supply of the Army, and shall pay in the same to the Treasurers in Guildhall, London, That then the same Person shall receive the same again, either out of the Monies subscribed upon the Declaration and Order of the 7th of January last, for new Subscriptions, in the Parish where such Person shall dwell, or out of the next Monies to be received by the said Treasurers upon the said new Subscriptions: And it is Ordered, That the said Treasurers shall give Acquittances, under their Hands, for the Sum of Money such Person shall advance and pay in as aforesaid, to the Intent, the same being shewn to the Collectors or Inhabitants of the Parish where such Person advancing shall dwell, the same Collectors or Parishioners may (fn. *) pay the same to the Person advancing, and not carry in the same to Guildhall; and the said Treasurers shall give to the Person advancing Acquittances for such Sums of Money, and for such particular Persons subscribing in that Parish, as shall be certified unto them, the said Treasurers, by the Person so advancing as aforesaid, until the Sum so advanced shall be satisfied."

Order for assessing divers Persons in London, according to the Ordinance of 29 November.

"Whereas Information is given, That divers Collectors nominated for the collecting, levying, and receiving of the Sums of Money assessed by virtue of the late Ordinance of both Houses of Parliament, of 29th of November last, for Assessments, by reason of their other Employments in the Public Affairs of the State, have been taken off from the due Execution of the same Ordinance, whereby well-affected Persons are still occasionally pressed to further Contributions, whilst those that have not contributed, or not in Proportion to their Estates, do not make a proportionable Supply: Be it therefore Ordained and required, by the Lords and Commons assembled in Parliament, That the Collectors nominated, or to be nominated, by virtue of the said Ordinance, shall, from and after the 11th Day of this Instant Month of February, only give Notice to the Persons assessed, or to be assessed, of the several Sums of Money at which they are or shall be assessed; and, after the Days limited by the said Ordinance for Payment shall be elapsed, shall (fn. †) repair to the Houses of the Persons assessed, or to be assessed, and demand the several Sums of Money at which they are or shall be assessed; and, if the same be un-paid, then to take Notice whether sufficient Distress may be had, to satisfy the Sums assessed or no, and accordingly to certify the same, under their Hands, to the Committee of Lords and Commons, for Advance of Money and other Necessaries for the Army; and the said Collectors are hereby required and authorized to enquire of any Sum or Sums of Money due, or to be due, unto the Persons respectively assessed, or to be assessed, from any Person or Persons, for any Rents, Tithes, Goods, or Debts, or for any other Thing or Cause whatsoever, and to compound and receive the same, and give Discharges therefor, according to the Power to them formerly given by the said Ordinance: And it is hereby further Ordained, That where the said Collectors shall certify that a sufficient Distress may be had for the Sums of Money assessed, or to be assessed, that Colonel Randall Manwaring, Colonel Browne, Captain Edmond Harvey, Captain Robert Manwareing, Captain Herriott Washbourne, and such Captains, Lieutenants, Officers, and Soldiers, under their several and respective Commands, as they or any of them shall appoint, upon Notice thereof given, shall immediately repair unto the several Houses of the Persons assessed or to be assessed, and certified as aforesaid, and levy the Sums of Money so assessed, by Distress, in as ample Manner as, by the said Ordinance of 29 Novemb. and an Order of both Houses of Parliament of the 3d of this Instant Month of February, the Collectors nominated upon the said Ordinance are authorized and appointed to do and perform; and the Distress and Distresses, so had and taken, to carry into Guildhall, London, or Crosby House, in B'ppgate-streete, London, or to such other Place or Places as the said Committee shall appoint, to be sold and disposed of, for or towards Satisfaction of the Sums assessed, at such Times, and by such Persons, and in such Manner, as by the said Committee shall be directed; and, in case Certificate be made by the said Collectors, that no sufficient Distress can be had or found, and the Sums assessed cannot be levied by any of the Ways or Means in the said Ordinance mentioned, then the said Colonel Randall Manwareing, Colonel Browne, Captain Edmond Harvey, Captain Robert Manwareing, Captain Herriott Washbourne, and such Captains, Lieutenants, Officers, and Soldiers, under their Command, as they or any of them shall command and appoint, shall repair unto the Dwelling Houses of such Person or Persons as are or shall be assessed and certified as aforesaid; and there, or within any other Place within this Kingdom where such Person or Persons shall be suspected to be, to make diligent Search, and him, her, or them, to apprehend, and bring in safe Custody before the Committee of the House of Commons for Examinations, who have Power to imprison them in such Places of this Kingdom, and for so long Time, as the same Committee shall appoint and Order; and the said Colonels and Captains, and other the Captains, Lieutenants, Officers, and Soldiers, under the Command of them, or any of them, shall have Power to break open any of the Locks and Doors of any Room, or other Place, in or belonging to the said Houses or Places, where Search shall be made for the Parties assessed, or to be assessed respectively; and the Goods, Debts, Money, and Estate, of such Persons as already are imprisoned, or to be imprisoned, shall still be liable, and shall and may be seized on, sold, received, and disposed of, for Satisfaction of the Sums assessed, wheresoever, or in whose Hands soever, the same shall be found; and the Families of such Persons assessed, or to be assessed, who have or shall absent themselves from their Dwelling Houses, or Places of Abode, within the Cities of London and Westm. the Suburbs of the same, and the Borough of Southwarke, shall be further proceeded against, as in the Ordinance of 29 Novemb. is provided: And the said Collectors, and all Colonels, Captains, Lieutenants, Officers, Soldiers, and other Person or Persons, as shall be appointed or employed in and for the better Execution of the said Ordinance as aforesaid, shall have the Protection of both Houses of Parliament, for their Indemnity in this Service; and if any Thing, not mentioned in the said Ordinance of 29 Novemb. or this present Ordinance, may conduce to the more effectual Levying and Receiving of Monies to be assessed upon the said Ordinance of 29 Novemb. the same is hereby referred to the Wisdom and Care of the said Committee of Lords and Commons for Advance of Money and other Necessaries for the Army: Lastly, it is Ordered, That this Ordinance shall be printed and published."

Order to sequester the Profits of the Living of Bushy, from Dr. Seaton.

"Whereas Dr. Seaton, Parson of the Parish of Bushy, in the County of Herts, hath lately deserted his Cure, and betaken himself unto the Army of the Cavaliers, whereby that Congregation, frequented by divers People of good Quality, hath been either wholly neglected, or for the most Part supplied by unfit Men, to the Dishonour of God, and Scandal of Religion: All which the Lords and Commons in this present Parliament assembled taking into Consideration, for the better Supply of an able and Godly Divine in the said Parish of Bushy aforesaid, and for the Provision of fit Maintenance for him that shall officiate therein, do hereby constitute and Ordain, That John Hayden of Oksey Esquire, Mr. Nicholls, Mr. Hobson, Sir John Dingley, and Sir Mathew Brand, shall have Power to sequester all the Rents and Prosits whatsover of the said Parsonage, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall appoint; and shall have Power to pay the same in Manner and Form following; that is to say, to Marmaduke Browne, an Orthodox Divine, all the Profits belonging to the said Parsonage of Bushey, in as full and ample Manner as the said Dr. Seaton hath formerly received; and that the said Marmaduke Browne, who is hereby appointed and required to preach every Sabbath-day, and to officate as Parson, do take Care for the Discharge of the Cure of that Place, in all the Duties thereof, until further Order shall be taken by both Houses of Parliament."

General Confession of National Sins, to be used at the Tast. Lam. i. 9.

"How many flourishing Kingdoms have been ruined by an obstinate Impenitency in a Course of Sinning, the lamentable Reports of foregoing Ages do tell us; especially (fn. *) the Sacred Story, concerning Judah, her Filthiness was in her Skirts; therefore she came down wonderfully. And how near unto such a Precipice this our sinful Nation is, the present Tragical Face of Things doth too apparently evidence, whilst we are not only a Spectacle of Calamity among ourselves at Home, but the miserable Subject of sad Discourses to our Friends Abroad; and although, in this low Condition as we are, we should feel the heavy Strokes of God even Seven and Seven Times more, yet, since it is our Duty to kiss the Rod, and accept the Punishment of our Iniquity, we will not, we dare not, complain of the least Injustice in Him that smiteth. Only that single and successful Remedy, which (when rightly used) hath cured the most desperate; let not the World have Cause to say, that England hath been negligent in the Application of it. Timely Addresses to an offended God may hope to prevail, with One so infinitely merciful, a great deal sooner than Benbadad's guilty Messengers with the King of Israell, when they came with Ropes about their Necks. Who can tell (faith the Prophet Joell) if God will repent, and turn away from His fierce Anger, that we perish not?

"It is therefore thought most necessary, and accordingly it is Declared, by the Lords and Commons in Parliament, out of their inward Sense and Apprehension of God's just Displeasure against this Nation, That it is the Duty of all His Majesty's good Subjects in the Kingdom of England and Dominion of Wales, both as they are every one concerned in the Welfare of the Kingdom, and much more as they stand obliged to Almighty God, speedily to endeavour an Averting (fn. †) of His Wrath, by a full and free Acknowledgement and extraordinary Bewailing, even with deepest Humiliation, godly Sorrow, and Detestation, not only secretly and in Families, but chiefly in the Public Congregations, as their own Personal and Relation-sins, so most especially those Sins which are most National and Epidemical; such a General Confession and Universal Mourning being most agreeable to our present National Distresses, and most likely to be efficacious for the removing of them.

"For, if the least Sin hath enough in it to deserve all Kinds of Plagues and Judgements, then what hath Millions and Millions of great Sins, and that of all Sorts and Kinds; such as the high Contempt of God's Holy Ordinances, and of the Solemnity and Purity of His Public Worship; gross and affected Ignorance under the glorious Light of the Gospel, revealed so clearly; Unfruitfulness under all the precious Means of Grace; Ingratitude for Mercies; Incorrigibleness under Judgements; Multitudes of Oaths and Blasphemies, for which the Land mourns; wicked Prophanations of the Lords-day by Sports and Gamings, formerly encouraged even by Authority; all Sorts of Uncleanness, Luxury, and Excess in Eating and Drinking; Idleness every where engendered, by the Fulness of Bread abused; Vanity, Pride, and Prodigality in Apparel; Envy, Contention, and unnatural Divisions; Oppression, Fraud, and Violence; in all which Sins, and many others, there is not a Person throughout this whole Nation, but, more or less, in one Kind or other, hath had a Share, and hath occasioned too just a Ground for a general Complaint, in the Language of the Holy Ghost, That we are a sinful Nation, a (fn. *) People laden with Iniquity, a Seed of Evildoers; whose whole Head is sick, and the whole Heart faint; from the Sole of the Foot to the Head, there is no Soundness in us, but Wounds and Bruises, and putrisying Sores; and may therefore expect the following Desolations mentioned in the First of Esay.

"And, (fn. *) as it is our Duty to give Glory to God; the Searcher of all Hearts, in confessing of all Sins; so more particularly ought we to be humbled with deepest Sense of Sorrow, for those loud, crying Sins, which now we find, by too sad Experience, have a more immediate Influence upon the Destruction of a Kingdom, though as dear to God as His beloved and peculiar People were of old; some of which loud crying Sins are, Idolatry and Bloodshed.

"That (fn. †) of Idolatry, as it was the Sin of our Ancestors, so it is the spreading Sin of these later Times, while, by a general Connivance, and almost Toleration, in the several Ways and Methods which have been used, it hath been so much fomented and encouraged: The grievous Effects whereof, from Multitudes of armed Papists and their Abettors, this Kingdom of England begins to feel, though not so heavily as Ireland, which is not now far from being wholly ruinated, by the intestine Wars of Romish Catholies.

"And for that Vengeance-procuring Sin of Bloodshed (besides the many secret Murthers never expiated, and pardoning of the Blood-guilty), did it not ever go Hand in Hand with that abominable (fn. *) Doctrine of the Mass and Transubstantiation in Queen Marye's Days, when so many Hundreds of the dear Martyrs and Saints of God lost their precious Lives in Flames and Prisons; a bloody Cruelty, which the Parliaments of those Times did justify: And although the several wicked Acts by which that Blood was shed have been since repealed, yet our Parliaments to this very Day never solemnly Ordained such a Public and National Acknowledgement of this Sin, as might appease the Wrath of that jealous God, against whom, and against whose People, with so high an Hand it was committed.

"Besides such Opposition, there hath been, against the Power of Godliness and the Professors of it, so many Ways and Courses taken, to discountenance and suppress both it and them, and such heavy Burthens with Violence and Rigour imposed upon Multitudes of the most conscientious and religious, as hath been no less than a Persecution, next unto Blood the forest; wherein although the Prelates (some of them) have been the chiefest Taskmasters, and Parliaments not active, yet the Prelates Power having been continued, and those Burthens not discharged from tender Consciences by the Parliamentary Authority of this State, the Parliaments themselves for the Time passed cannot wholly be acquitted from this Guilt, though of late their Purposes and Endeavours have been, and still are, to remove it.

"Now, that all the Sin and Misery of this polluted and afflicted Nation may be bitterly sorrowed for, with such Grief of Heart, and Preparedness for a through Reformation, as God may be pleased graciously to accept; it is likewise required and Ordained, by the Lords and Commons in Parliament, That every Minister and Preacher of God's Word, in the Kingdom of England and Dominion of Wales, in their several Auditories and Congregations, especially upon the Fast-days, shall publish this Declaration of their Sense, most earnestly persuading and inculcating the constant Practice of this Public Acknowledgement and deep Humiliation for these and all other our National and crying Sins, and likewise the Necessity of a Personal and National Reformation, that so at last we may obtain a firm and happy Peace both with God and Man; that Glory may dwell in our Land, and the Prosperity of the Gospel, with all its Privileges, may crown this Nation unto all succeeding Ages."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Sic.
* Origin. shall.
Bis in Originali.
* Deest in Originali.
Origin. re-pay.
* Origin. that the.
Bis in Originali.
* Deest in Originali.
Origin. if.