House of Lords Journal Volume 5
21 February 1643

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1767-1830

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'House of Lords Journal Volume 5: 21 February 1643', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 613-619. URL: http://www.british-history.ac.uk/report.aspx?compid=35033 Date accessed: 19 April 2014. Add to my bookshelf


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Contents

DIE Martis, videlicet, 21 die Februarii.
Mr. Dixon's Horses restored. Machin, a Pass. Countess of Carnarvan, a Pass for Provisions. Hooper and Ihannes. Answer from the Lord General, about the Cessation. Letter and Message from the King. Message to the H. C. for a Conference about them. Message from thence; with some Ordinances for Concurrence; and for expediting some already brought up. Answer. Smith, a Pass. Crew, a Pass to France. Sir Francis Hamilton, a Pass. Dr. Mason, a Pass. Committee to consider of the Manner of the Treaty with the King. Ordinance for staying Ships. Ordinance for rating Coals. Message to the H. C. that the Lords agree to them. Lambeth Petition, about a Riot in Service-time. Cox sent for. Printer sent for, about Pamphlets. E. of Essex's Letter, about the Cessation of Arms. Ordinance for rating Sea Coals. Ordinance for staying Shipping in The Thames. The King's Message, about a Cessation of Arms. Adjourn. Post meridiem. Captain Manwaring to change the Guard at Lambeth House. Order for Coventry. Cox committed, for killing Coe, in the Riot at Lambeth. Message from the H. C. for a further Conference on the Cessation of Arms. Answer. Report of the Conference. Committees of both Houses to consult with the Lord General, about the Cessation of Arms. Delinquent to be apprehended, who shot Jones at Lambeth. Sequestration of St. Margaret's Lothbury. Wells to officiate at Watton. Mr. Mauld to officiate in Bermondsey. Sequestration of St. Martin's in the Vintry. Ordinance for sequestering the Profits of St. Margaret's Lothbury. Order to allow 160l. paid by the Collector to Mr. Purefoy, for Defence of Coventry. Ordinance for sequestering the Profits of St. Martin's in the Vintry. Adjourn. Post meridiem. Letter from Ld. Falkland, with the King's Answer about adjourning the Assizes. Sequestration of St. Nicholas Olaves. Mrs. Blake versus Rolfe. Message from the H. C. for Sir W. Waller to execute Martial Law in his Army; and with an Order. Answer. Committee from the Aldermen and Common Council attend, about raising 60,000l. Answer to them. Message from the H. C. for Concurrence in an Order; to expedite Two others; and for an Answer about the Assizes. Answer. Mrs. Blake versus Rolse. Earl of Morton, a Pass. Letter from the Northampton Committee, about taking Lord Vaux's Timber from Harrowden. To acquaint the Countess of Banbury with it. The King's Answer, concerning putting off the Assizes. Order for removing some Prisoners from The Tower, to Ludgate. Ordinance for sequestering the Profits of St. Nicholas Olaves, Breadstreet. Ordinance for Mr. Fiennes to raise a Regiment of Horse in Gloucestershire, &c. to seize Delinquents Horses there. Adjourn. Footnotes

DIE Martis, videlicet, 21 die Februarii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Mr. Dixon's Horses restored.

Ordered, That Mr. Dixon shall have his Horses restored to him again, being taken away from him.

Machin, a Pass.

Ordered, That Rob't Machin, the King's Waxchandler, shall have a Pass, to carry Lights to Oxford.

Countess of Carnarvan, a Pass for Provisions.

Ordered, That a Pass shall be granted, to carry down some Provisions to the Countess of Carnarvan, at Oxford.

Hooper and Ihannes.

Ordered, That the Judges at the Common Law shall grant Prohibitions, in the Cause depending in the Court of Delegates, between Hooper and Ihannes, if they shall see Cause.

Next, an Ordinance formerly brought from the House of Commons, concerning Sussex.

Respited.

Answer from the Lord General, about the Cessation.

A Letter from the Lord General, directed to the Speaker of this House, in Answer to his Letter to him, concerning his Advice touching the Cessation.

(Here enter it.)

The House being informed, "That one Mr. Will. Murrey was without, with a Letter from His Majesty to the Speaker," (fn. *) the Speaker was appointed to receive it, and the House commanded it to be read, in bæc verba:

Letter and Message from the King.

"CHARLES R.

"Right Trusty and Well-beloved, We greet you well. Our Will and Pleasure is, That you forthwith deliver, to be read in Our House of Peers, and afterwards communicated to Our House of Commons, Our Message to both Our said Houses, sent inclosed: And for so doing, this shall be your Warrant.

"Given at Our Court at Oxford, the 20th February, 1642.

"To Our Right Trusty and Wellbeloved Our Speaker of Our House of Peers pro Tempore."

Next, the Message was read. (Here enter it.)

Ordered, To have a Conference with the House of Commons, and communicate this Message and the Earl of Essex's Letter to them; and to desire that a Committee of Members of both Houses may be appointed, to consider in what Manner and Limitations the Cessation of Arms may proceed in, and how to be carried on. The Committee of this House is Six, to meet this Afternoon.

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

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

To desire a Conference, concerning a Letter received from His Majesty, and a Letter from the Lord General; and to propound something to them concerning the Cessation of Arms.

Message from thence; with some Ordinances for Concurrence; and for expediting some already brought up.

A Message was brought from the House of Commons, by Sir Henry Mildmaye Knight; who brought up divers Ordinances, wherein they desire their Lordships Concurrence; especially that their Lordships would give present Expedition to the Order for Continuance of the Execution of the Ordinances for levying of Monies, and the Order for the Staying of Ships; and that their Lordships would expedite the Ordinances concerning the raising of Monies, in the Counties of Sussex, Staff. Warwick, and Coventry, and likewise the General Ordinance for taxing such as have not yet contributed upon the Propositions, or not proportionable to their Estates; and also that their Lordships would expedite the Ordinance concerning Cheshire.

The Order for Continuance of the Execution of the Ordinances and Orders for levying of Monies was read.

Respited.

The Answer returned was:

Answer.

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

The Messengers that went to the House of Commons return with this Answer:

That the House of Commons will give (fn. †)

Smith, a Pass.

Ordered, That a Pass shall be granted to Clement Smith, Servant to the Lady Marchioness of Hertford, to carry some Household Stuff, and other Necessaries for his domestical Use, to Oxford.

Crew, a Pass to France.

Ordered, That Mr. John Crewe shall have a Pass, to travel into France, with such Company and Necessaries as he shall necessarily have Occasion to take with him.

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

Sir Francis Hamilton, a Pass.

Ordered, That Sir Francis Hambleton and his Servant shall have a Pass, to go to Oxford.

Dr. Mason, a Pass.

And Ordered, That Dr. Mason, One of the Masters of the Requests, shall have a Pass, to go to Oxfored, being his Turn to wait next Month.

Committee to consider of the Manner of the Treaty with the King.

These Lords following were appointed Committees, to meet with a proportionable Number of the House of Commons, to consider of the Manner of the Treaty with the King upon the Propositions, and of the Limitations and Proceedings of the Cessation of Arms, and in what Way it is fittest to be done, and report the same to this House:

Comes Northumb.
Comes Pembrooke.
Comes Holland.
E. Clare.
L. Viscount Say & Seale.
L. Viscount Conway.
Ds. Grey de Warke.

Ordinance for staying Ships.

Next, the Ordinance (fn. *) for the staying of Ships was read. (Here enter it.)

Agreed to.

Ordinance for rating Coals.

Next, the Ordinance concerning the rating of Sea Coals was read. (Here enter it.)

Agreed to.

Ordered, That this Ordinance be forthwith printed and published.

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

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

To let them know, that their Lordships do agree to the Ordinances concerning the Stay of Ships, and the rating of Sea Coals.

Lambeth Petition, about a Riot in Service-time.

A Petition of the Inhabitants of Lambeth was read; complaining of the Riot at Lambeth on Sunday last, where one Thomas Coe was killed, by one Hugh Cox, a Soldier; and divers other Misdemeanors were committed by the Soldiers in the Church, as taking Tobacco in the Church in Time of Divine Service.

Cox sent for.

Upon Information to this House, by Baker, the Deputy Messenger, "That Captain Andrewes refused to deliver Hugh Cox to him, according to the Order of this House;" the Captain was called in, who said, he denied him not: Hereupon this House Ordered, That the Messenger should go along with Captain Andrewes, who was commanded to deliver him over to the Messenger.

Printer sent for, about Pamphlets.

Ordered, That the Printer that printed a Pamphlet, intituled, Cessation of Arms; the Kingdom's Weekly Intelligencer, sent abroad to prevent Misinformation; shall be sent for, (fn. †) and brought before this House, to answer the Printing of it.

E. of Essex's Letter, about the Cessation of Arms.

"My Lord,

"I must acknowledge the Obligation I have to the Lords, that they desire my Advice about the Particulars concerning a Cessation. My Lord, if I had known of it before it had been voted, I should clearly have delivered my Opinion, and then submitted myself and it to your Lordships greater Wisdoms; but, my Lord, now I know my Duty: The Armies you have raised are so dispersed, and so many Difficulties in it, that it is too great a Burthen for me to undertake to deliver my Opinion; not doubting but that your Lordships, in your grave Wisdoms, have weighed all the Inconveniences may happen to your Servants employed by you during this Cessation, and the Ways how to prevent them, before you voted the Cessation. My Lord, if I knew how to give a clearer Answer to a Business I am so great a Stranger to, having been at none of the Debates, I should shew my Obedience to their Commands.

Windsor, 20th of February, 1642.

"My Lord,

"I am

"Your Lordship's humble Servant,

"Essex."

Ordinance for rating Sea Coals.

"Forasmuch as Information hath been given, that the Woodmongers, Wharfingers, and other Sellers of Newcastle Coal, in the Cities of London and Westm. and the Suburbs of the same, taking Advantage of the late Ordinance made by both Houses, prohibiting Ships to trade to Newcastle for Coals, have raised the Prices thereof unto an unreasonable and excessive Rate, in respect of the Rate they have bought the same at, to the great Oppression of the poorer Sorts of People inhabiting the said City and Suburbs: Whereupon the House of Commons, by an Order dated the 28th of January, referred the Consideration thereof unto the Lord Mayor of the City of London, to inform himself what might be a reasonaable Price, having equal Respect both to the Seller and the Buyer, and to (fn. *) present his Opinion to the House, to be considered of by both Houses; and, in the mean Time, Ordered that the Price should not exceed Twenty-two Shillings the Chaldron; whereupon the Lord Mayor, calling to his Assistance the Aldermen of the said City, did certify, That Twenty-two Shillings the Chaldron at the Wharf was a fair and fitting Rate; but, for the Encouragement of those that trade in Coal to bring in their Ships of Lading into the River of Thames, and Supply the Market there, certified that Twelve Pence more upon the Chaldron during this Winter might be allowed:

"The Lords and Commons, taking the same into their Consideration, do hereby Ordain and Order, That no Wharfinger, Woodmonger, or other Seller of Newcastle Coal, within the Cities of London and Westm. or the Suburbs or Liberties thereof, or within the Borough of Southwarke, shall, at any Time after the making of this Order, and before the First of April next ensuing, sell any Newcastle Coal above the Rate of Twenty-three Shillings the Chaldron at the Wharf; and, from and after the said First of April, above the Rate of Twenty Shillings the Chaldron at the most: And the Lord Mayor and Sheriffs of the City of London and Midd. the Justices of Peace of the County of Surrey respectively, in their several Jurisdictions, or any Two of them, are hereby authorized and required to take Care for the due Execution of this Ordinance; and, in Case any shall wilfully transgress the same, to commit him or them so transgressing to Prison, until he shall conform himself thereunto; provided that any Person, that shall find himself grieved by Reason of such Commitment, may appeal to the Committee of Lords and Commons for Advance of Monies, who (fn. †) are here by authorized to hear his Complaint, and to discharge him of his Imprisonment if they shall find Cause.

"And it is hereby further Ordained and Ordered, That no Newcastle Coal, Pit Coal, or Sea Coal, shall be transported out of this Kingdom, into any Port beyond the Seas, without the special Order of both Houses of Parliament; and the Earl of Warwicke, Admiral of the Fleet, and all the Captains and Officers thereof, and the Officers of the Custom-house, and of all the Ports of the Kingdom, are to have special Care to see the same duly observed.

"And it is Ordered, That this Ordinance be forthwith printed; and the Lord Mayor and Sheriffs of the City of London and Midd. are to take Care that the same be published, in the Cities of London, Westm. Southwarke, and the Suburbs and Liberties thereof; and the Collectors of the Customs are forthwith to send it to the several Ports of this Kingdom."

Ordinance for staying Shipping in The Thames.

"Whereas, in these Times of imminent Danger, there is, by Order of Parliament, a Fleet preparing, for the Defence of this and others His Majesty's Dominions, much greater than hath been heretofore usual, presently to go out; for the speedy Manning whereof with able Mariners, all possible Diligence is to be used: It is this Day thought fit, and Ordered by the Authority of both Houses of Parliament, That no Ships nor Vessels whatsoever, which now are or shall come into the River of Thomes, be permitted to go out thence, upon any Voyage, or other Occasion, until the said Fleet be compleately manned, except such whose just Occasions shall appear unto the Lords and others Commissioners for the Admiralty to be so pressing and urgent, that the Interruption of those Ships would be a Prejudice to the State; and the said Commissioners are to take Notice of this Order, and to cause the same to be put in Execution accordingly."

The King's Message, about a Cessation of Arms.

"CHARLES R.

"Whereas His Majesty hath (together with a Treaty) proposed a Cessation of Arms to both His Houses of Parliament now Sixteen Days since, to which as yet He hath received no Answer: To the End that His Majesty may so clearly understand the Houses, that no such Imputations as have been formerly may after be laid upon Him, upon Occasion of any Thing that may intervene, His Majesty desires, if a Cessation shall be approved of by them, that the Day upon which the Cessation is thought fit to begin, and such particular Limits and Conditions of that Cessation as are necessary to be understood and agreed on before the Cessation itself can actually begin, be proposed by them at the same Time with their Approbation of it; since, as His Majesty supposes by the present great Preparation of several Forces of the Earl of Essex to march several Ways, that, till such Time as this be done, they do not conceive themselves obliged to an actual Cessation, so neither till then doth His Majesty conceive Himself obliged to it."

Adjourn.

House adjourned till 3a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Captain Manwaring to change the Guard at Lambeth House.

Ordered, That Captain Manwaring be sent to, to appoint another Company to guard the House at Lambeth To-morrow, and to remove the Company as is there forthwith, because of the Animosity and Disferences (fn. *) that are between them and the Townsmen, whereby further Mischiess may be prevented.

Order for Coventry.

The Order for the City of Coventry was read.

(Here enter.)

Agreed to.

Cox committed, for killing Coe, in the Riot at Lambeth.

Ordered, That Hugh Cox, a Soldier, shall be committed to the Gaol for the County of Surrey, for killing of Thomas Coe, at Lambeth, there to remain until the Pleasure of this House be further known.

Message from the H. C. for a further Conference on the Cessation of Arms.

A Message was brought from the House of Commons, by Sir Tho. Barrington, Baronet:

To desire a Conference, touching the Matter of the late Conference.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

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

The Report of this Conference was to this Effect:

Report of the Conference.

"That they have taken the Cessation of Arms into Consideration; and they differ with their Lordships in appointing Committees to consider of the Manner of the Cessation, the Limitations of it; and their Opinion is, for the saving of Time, and expediting of the Business, that Members of both Houses may speedily go to my Lord General, and advise with him concerning the Manner, Limitations, and Qualifications of the Cessation; and to make a speedy Return of their Resolutions to both Houses."

Committees of both Houses to consult with the Lord General, about the Cessation of Arms.

Ordered, That this House agrees with the House of Commons in this Vote, and appoints the Lord Viscount Say & Seale and the Lord Howard of Esc. to join with a proportionable Number of the House of Commons, to go the Lord General speedily; and that they return an Account to the House of the Business by Thursday next, at Noon.

The House was adjourned during Pleasure, and the Lords went to acquaint the House of Commons with the Resolutions of their Lordships.

The House was resumed.

Delinquent to be apprehended, who shot Jones at Lambeth.

Upon the Certificate of Thomas Kellet, of the Parish of St. Margaretts, at Westm. Chirurgeon, "That Edward Jones, of Lambeth, Waterman, is under his Care, and so dangerously wounded with a Shot through his Thigh, by tearing of his Veins and Arteries and Sinews, causing so great a Flux of Blood, that, in his Judgement, he is not likely to live till To morrow Night:" Hereupon it is Ordered, That the Person that shot him shall (fn. *) be presently apprehended, and kept in Safe Custody, to answer the same.

Sequestration of St. Margaret's Lothbury.

The Ordinance concerning the Sequestration of the Profits of the Parish of St. Margaretts Lothbury.

(Here enter.)

Agreed to.

Wells to officiate at Watton.

Ordered, That Wells, at Watton, near Harford, shall be permitted to officiate in the Place of Ingoldsby.

Mr. Mauld to officiate in Bermondsey.

Ordered, That Mr. Mauld shall be authorized to officiate in (fn. †) the Curate's Place, in the Parish of Bermondsey, in the Place of Mr. Samuell Kembe.

Sequestration of St. Martin's in the Vintry.

The Ordinance for sequestering the Profits, and officiating (fn. †) in the Church, of St. Martyn's in the Vintry, was read. (Here enter it.)

Agreed to.

Ordinance for sequestering the Profits of St. Margaret's Lothbury.

"Whereas Humphrey Tabor, Parson of the Parish Church of St. Margaretts Lothbury, London, being double-beneficed, hath absented himself from his said Cure sometimes Six Months together, and, when he is there, preacheth not above Three Weeks or a Month, and refuseth to read the Orders and Ordinances of Parliament, or obey the Commands thereof, speaking slightly thereof, as not of any Authority, and in his Sermons inveighs against such as take up Arms for the Defence of the Parliament, declaiming against them as Rebels, and as led therein by the evil Spirit that works in the Sons of Disobedience: Which the Lords and Commons in Parliament taking into Consideration, for the better Supply of an able and Godly Man in the said Church, and for the Provision of fit Maintenance for him that shall officiate herein, do constitute and Ordian, That Edward Hopgood, Peter Hassard, Robert Lowther, Edward Chard, Richard Cox, William Miller, Anthoney Fletcher, William Burrowes, or any Three of them, shall have Power and Authority, and they are hereby required, to sequester the Parsonage House, and all the Tithes, Rents, and Profits whatsoever of the said Parsonage, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall think fit; and shall have Power to deliver the said House, and to pay the same, unto Leonard Cooke, Clerk, Master of Arts, a Godly, Learned, and Orthodox Divine, who is hereby appointed and required to preach every Lords-day, and to officiate as Parson, and to take Care for the Discharge of the Cure of the said Place in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; and, if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the Tithes, Rents, Duties, (fn. †) or lawful Fees accustomed to be paid, upon Information thereof by the Sequestrators, or any Three of them, unto either House of Parliament; the said Lords and Commons do hereby Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Order to allow 160l. paid by the Collector to Mr. Purefoy, for Defence of Coventry.

"Whereas William Purefoy Esquire, a Member of this House, about Six Months since was appointed, by this House, to go down into the County of Warwick, and the County of the City of Coventry, for the raising of some defensive Forces, for the Safety of those Counties, against the Forces there levied against the King and Parliament, and that, in Pursuance of the Trust in him reposed, he procured Five Hundred Soldiers, to come into Coventry, to defend that City, and to aid the said County of Warwick against the Enemies approaching and charging the said City in an hostile Way; and, for the better effecting of the said Defence, by Payment of the said Soldiers Wages, was fain to borrow, for the Public Use, of Waldine Willington Esquire, One of the Collectors of the Bill of Four Hundred Thousand Pounds, for the said County of Warr. the Sum of Two Hundred Sixty Pounds, Parcel of his Collections; and forasmuch as this House thinks it unreasonable that the said Mr. Purefoy should be any Ways charged to pay the said Sum of Two Hundred Sixty Pounds, which was truly disbursed to very good Purpose for the Public Good, in the Payment of the said Soldiers Wages, without whose Help the said City must needs have yielded up into the Enemies Hands: It is therefore Ordered and Ordained, by the Lords and Commons, That the said Collector, upon his Accompt, shall be allowed the said Sum of Two Hundred Sixty Pounds, and thereof shall be acquitted and discharged for ever, by the Authority of Parliament; and the House of Commons doth undertake to advance and pay, unto the Treasurers appointed by that Act of Parliament, the like Sum of Two Hundred and Sixty Pounds, to be employed for the Uses mentioned in the said Act."

Ordinance for sequestering the Profits of St. Martin's in the Vintry.

"Whereas Bevin Reeve, Doctor in Divinity, Parson of the Parish Church of St. Martins in the Vintree, London, hath, ever sithence June last, deserted and forsaken his said Cure, and betaken himself to the Army of Cavaliers, and hath been there employed as One of their Council of War, whereby the said Congregation and People (the Cure of whose Souls he hath taken upon him) are by him wholly neglected, to the Dishonour of God, and Scandal of Religion: Which the Lords and Commons in Parliament taking into their Consideration, for the Provision of an able, Godly, and Orthodox Divine, to officiate the said Cure in the said Church, and of fit Maintenance for him, for his Supply and Support in the same, do constitute and Ordain, That Christopher Moore, Reanoll Michill, John Safford, Richard Kiston, Richard Parker, Richard Hedges, John Heming, Francis Smithwick, shall have Power and Authority, and are hereby authorized and required, to sequester all the Rents, Tithes, Revenues, and Profits whatsoever, of the said Parsonage, and to appoint Collectors for the gathering and receiving of the said Tithes, Rents, and Profits, as they in their Discretion shall think fit; and shall have Power, and are hereby authorized and required, to pay and deliver the same, from Time to Time, unto Arthur Sallwey, Master of Arts, a Learned and Orthodox Divine, who hereby is appointed and required to preach every Lords-day in the said Church, and to officiate there, and to take Care for the Discharge of the Cure of the said Church in all the Duties thereof, until further Order shall be taken by both Houses of Parliament: And the said Lords and Commons do further constitute and Ordain, That the said Sequestrators, or any Three of them, shall have Power to regulate all such exorbitant Fees as have been incroached at any Time since the said Doctor Reeve hath been Rector there; and, if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the said Tithes, Rents, Duties, or Fees accustomed to be paid, upon the Information (fn. *) thereof by them, or any Three of them, unto either House of Parliament, the Lords and Commons do hereby Declare, That they will proceed against such Refusers according to their several Offences and Contempts."

Adjourn.

House adjourned till Thursday, 2a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker this Day.

Letter from Ld. Falkland, with the King's Answer about adjourning the Assizes.

The Letter of the Lord Viscount Falkland, written to the Speaker, was read, wherein was inclosed the King's Answer concerning the putting off of the next General Assizes; which was read, as followeth:

"My Lord,

"By His Majesty's Command, I have inclosed His Majesty's Answer to the Advice and Desire of both Houses, concerning the putting off of the General Assizes and Gaol Delivery throughout the Kingdom, inclosed in a Letter to your Lordship, and directed to me; and, this done, I remain,

My Lord,

"Your Lordship's very humble Servant,

Oxford, Feb'ry 21st, 1642.

"Falkland."

Next, the Answer was read. (Here enter it.)

Ordered, That this Answer shall be considered of To-morrow.

Sequestration of St. Nicholas Olaves.

Next, an Ordinance for sequestering the Parsonage and Profits of St. Nicholas Olaves, in London, was read.

(Here enter it.)

Agreed to.

Mrs. Blake versus Rolfe.

Next, this House heard the Cause between Mrs. Blake and Mr. Rolfe and others, by Counsel on both Sides.

The Petition was read.

Next, the Petition of Wm. Blake, her Husband, was read.

Mr. Maynard opened the Cause.

They withdrew.

Message from the H. C. for Sir W. Waller to execute Martial Law in his Army;

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

To desire their Lordships Concurrence in Two Orders:

1. That Sir Wm. Waller shall have Power of Martial Law, for the better Government of the Forces under his Command, according to the Orders and Rules of the Army, published by his Excellency the Earl of Essex.

Agreed to.

and with an Order.

2. An Order to give Power to Mr. Nathaniell Fiennes, to seize Horses, &c. in the Counties of Glo'ster, Worcester, and Oxon. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Two Orders now brought up.

Committee from the Aldermen and Common Council attend, about raising 60,000l.

Mr. Alderman Fowkes, Mr. Alderman Gibbs, and other Common Council of the City of London, were called in; and Mr. Alderman Fowkes informed this House, "That they were appointed, by the Lord Mayor and Aldermen and Common Council of London, to give their Lordships an Account of their Proceeding since they presented some Desires to their Lordships; that they had taken a Course for raising of the Sixty Thousand Pounds speedily; and also to present some other Desires, which had been voted by the Common Council."

Which was read, concerning the Army, &c.

The Aldermen were commanded to withdraw, and this House considered what Answer to give; and the Speaker was commanded to give this Answer:

Answer to them.

"That their Lordships do acknowledge the great Obligations to the City, for their former Affections and Respects to the Parliament, which hath had an Influence upon the whole Kingdom; and that, in the Treaty, what concerns the particular Safety of the City, and particular Persons of some in the City, their Lordships will have a Care of. For the other Particulars, this House will take them into Consideration."

The Aldermen were called in; and the Speaker told them as aforesaid.

Message from the H. C. for Concurrence in an Order;

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

1. To desire their Lordships Concurrence in an Order for removing some Prisoners from The Tower. (Here enter it.)

Agreed to.

to expedite Two others;

2. To desire their Lordships would give Expedition in the Order formerly brought up, concerning Taunton; and an Order for making the Captain and others to compel Soldiers to do their Duties.

and for an Answer about the Assizes.

3. To desire an Answer concerning the next Assizes.

To be considered of To-morrow Morning.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Order concerning the removing of Prisoners; and concerning the other Particulars, this House will send an Answer by Messengers of their own.

Mrs. Blake versus Rolse.

In regard that many Witnesses, which Mrs. Blake is to produce in her Cause, live many Miles off, and it being a great Charge for her to keep them in Town: It is Ordered, That Dr. Aylett and Dr. Heath shall take the Examinations upon Oath of such Witnesses, and upon Interrogatories (fn. *) which shall be offered by Mrs. Blake; and that the other Parties whom it concerns shall have Notice thereof, that so they may crossexamine such Witnesses as they shall think fit.

Earl of Morton, a Pass.

Ordered, That the Earl of Morton shall have a Pass, to come from Oxford to London, and return back again.

The Speaker acquainted this House with a Letter from the Committee of North'ton, concerning the Lord Vaux's Timber, which was read, as followeth:

Letter from the Northampton Committee, about taking Lord Vaux's Timber from Harrowden.

"My Lord,

"Having received a Letter from your Lordship, wherein we are commanded by the Lords in Parliament to take no more of the Lord Vauxe's Timber from his House at Harrowden, and to certify their Lordships what hath been already taken: Upon the best Enquiry we can make, we find that as yet no Timber hath been taken from Harrowden; but One of his Lordship's Servants was desired that the Countess of Banbury (my Lord being out of the Kingdom) might know that we desired to have some Timber prepared for building at Harrowden, to be employed for the Defence of this Town; and that there should be paid either ready Money or Timber of the same Value: The Servant spoken withall said, He thought we might take what we needed: Hereupon we purposed to have sent for some, had not their Lordships declared their Pleasure to the contrary. Here is a great Want of Timber for the Defence of this Town. We know not where at this Time to have any fit for present Use. We offer ready Money, or Security to make a valuable Supply; and therefore beseech their Lordships Leave for so much as shall be necessarily employed in Fortifications. We submit all to that most Honourable House, and rest

"Your Lordship's

"Most humble Servants,

18th Febury, 1642, North'ton.

"Jo. Crewe,
E. Harbie,
Gil. Pykeringe."

To acquaint the Countess of Banbury with it.

Ordered, That the Earls of Sarum and Pembrooke are to acquaint the Countess of Banbury herewith, and report her Answer to this House.

The King's Answer, concerning putting off the Assizes.

"CHARLES R.

"His Majesty hath weighed the Advice and Desire of the Lords and Commons, sent in a Letter to the Lord of Fawlkland from the Earl of Manchester, concerning the putting off the General Assizes and Gaol Delivery throughout the Kingdom; to which His Majesty returns this Answer: That the present bloody Distractions of the Kingdom (which His Majesty hath used all possible Means to prevent, and will still to remove) do affict His Majesty under no Consideration more, than of the great Interruption and Stop it makes in the Course and Proceedings of Justice, and the Execution of the Laws, whereby His good Subjects are robbed of the Peace and Security they were born to; and therefore, as much as in Him lies, He will advance that only Means of their Happiness; at the least, they shall see that their Sufferings that Way proceed not from His Majesty: And, since they may now expect, by the Laws, Statutes, and Customs of the Kingdom, the Assizes and General Gaol Delivery in every County, His Majesty thinks not fit to command the contrary; but will take severe and precise Order, that none of His good Subjects shall receive the least Prejudice as they repair thither, by any of His Majesty's Forces, which Rule He shall be glad to see observed by others; and then He hopes, by the due Execution of the Laws, even those public Calamities may have some Abatement, and the Kingdom recover its former Peace and Prosperity."

Order for removing some Prisoners from The Tower, to Ludgate.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Lord Macquire shall be removed from The Tower, to the Prison of Ludgate, and there kept close Prisoner, being committed for High Treason, and be allowed the Weekly Allowance of Twenty Shillings by the Week; and that Mac Mabun and Colonel Read shall be forthwith removed from The Tower to Ludgate, and there kept close Prisoners, being committed for High Treason, and being allowed the Weekly Allowance of Ten Shillings the Week."

Ordinance for sequestering the Profits of St. Nicholas Olaves, Breadstreet.

"Whereas Oliver Whitby, Clerk, being formerly complained of, in the House of Commons in Parliament, for a scandalous Minister, was in June last presented unto the Church of St. Nicholas Olives, in Bread-streete, London, by the Dean and Chapter of Paule's, contrary to their Promise to the said Parish, and hath been absent from and deserted his said Cure, ever since the 23d of October last, and hath betaken himself to the Army of Cavaliers raised against the Parliament, and affirmed to the Prisoners taken by the said Cavaliers at Brainford, that they were damned, and that the Parliament were Traitors: Which the Lords and Commons in Parliament assembled taking into Consideration, for the better Supply of an able and Godly Divine in the said Church, and for the Provision of a fit Maintenance for him that shall officiate herein, do constitute and Ordain, (fn. *) That Wm. Cash, John Charseley, Humfrey Lynne, Thomas Burton, John Andrews, Henry Walcott, Edward Peck, and William Raunce, or any Three of them, shall have Power and Authority, and are hereby required, to sequester the Parsonage House, and all the Tithes, Rents, and Profits whatsoever, of the Parsonage of the said Church, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall think fit; and shall have Power to pay the same unto John Crosse, Clerk, a Godly, Learned, and Orthodox Divine, who is hereby appointed and required to preach every Lord's-day, and to officiate as Parson, and to take Care for the Discharge of the Cure of the said Church in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; and, if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the Rents, Duties, or lawful Fees accustomed to be paid, upon Information thereof, by the Sequestrators, or any Three of them, unto either House of Parliament, the said Lords and Commons do hereby Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Ordinance for Mr. Fiennes to raise a Regiment of Horse in Gloucestershire, &c. to seize Delinquents Horses there.

"Whereas his Excellency the Lord General hath given a Commission to Nathaniell Finnes Esquire, to raise a Regiment of Horse, out of the Counties of Gloucester, Worcester, and Oxon: It is Ordered, by the Lords and Commons assembled in Parliament, That, if any Person or Persons, within the Counties aforesaid, shall be willing to bring in Horse and Arms, or any Sum or Sums of Money, unto the said Nath. Fines, for and towards the raising and compleating of his Regiment, a Receipt under his Hand of such Horse, with a Certificate of the Value of them, and of all such Sums of Money, shall be a sufficient Warrant for any such Person or Persons to require Payment and Satisfaction for the same, upon the Public Faith, in like Manner, as they may do who bring in Horses, Arms, or Money, upon the Propositions for Subscriptions.

"And further, the said Nathaniell Fines shall have Power, by virtue of this Ordinance, within the Counties aforesaid, to seize the Horses and Arms of Papists Delinquents, Bishops, Deans, Prebends, Pluralists, and of such Persons as have not contributed to the Parliament at all, or any Ways proportionable to their Estates, or have opposed or assisted against the Parliament; and of such Clergymen or others, as have either refused to observe and obey the Orders and Ordinances of Parliament, or otherwise have expressed their Disaffection to the Parliament, or the Proceedings thereof.

"And it is further Ordered and Ordained, That Duplicates of Rolls be made, containing the Number of all such Horses and Arms as shall be received or seized by the said Nath. Fynes; and that like Duplicates be made of all such Sums of Money as by him shall be received or disbursed in this Service, upon a just Accompt to be made, and allowed by the Commons House of Parliament; and that the said Nathaniell Fines, and all that shall be employed by him, and all that shall join with and assist him or them in executing any of the Premises, shall be protected and saved harmless, by the Authority and Power of Parliament."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. and the.
Sic.
* Deest in Originali.
Origin. a.
* Origin. prevent.
Bis in Originali.
* Deest in Originali.
* Bis in Originali.
Deest in Originali.
* Origin. there.
* Deest in Originali.
* Deest in Originali.