House of Lords Journal Volume 5
12 April 1643

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1767-1830

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'House of Lords Journal Volume 5: 12 April 1643', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 714-716. URL: http://www.british-history.ac.uk/report.aspx?compid=35073 Date accessed: 30 July 2014.


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DIE Mercurii, videlicet, 12 die Aprilis.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

Sir William Bronkard, a Pass.

Ordered, That Sir Wm. Bronkard shall have a Pass, to return to Oxford, with a Man and Two Foot-boys, with Thirty-six Pounds in Money.

Armstrong, a Pass.

Ordered, That Mr. Armstrong shall have a Pass, for himself and Rob't Lee's Man, and Two Horses, to go down to Brooksby, in Leycestershire, to Captain Cave's, and to return to London.

Message from the H. C. to put in Execution the Ordinance for seizing Delinquents Estates.

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

To desire that whereas a Committee of both Houses is appointed, to put the Ordinance in Execution for the seizing of Papists and notorious Delinquents Estates, that they may be appointed to meet; and that any Five of the said Committee may meet, and transact the Business.

Ordered, That this Committee shall meet this Afternoon, at Five of the Clock; as to the Number, this House will send an Answer by Messengers of their own.

Answer.

The Answer was returned accordingly.

Message from the H. C. for a Conference about Forces to be raised in London, and about Instructions to the Committee at Oxford; and to expedite the Ordinance for seizing L. Capel's Estate.

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

1. To desire a Conference concerning Forces to be raised in London, and concerning Instructions to be sent to the Committee at Oxford.

2. To expedite the Ordinance touching the seizing of the Lord Capell's Estates, for the Use of the Lord General.

The Answer returned was:

Answer.

That this House will give present Conference, in the Painted Chamber, as is desired, and will take the Ordinance concerning the Lord General into Consideration.

Orders for Concurrence.

Next, an Order of Sequestration for the Church and Profits of Gilston, in the County of Hertford, was read. (Here enter it.)

Agreed to.

An Order concerning Plymouth was read, and agreed to. (Here enter it.)

An Order concerning Yarmouth was read, and agreed to. (Here enter it.)

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

Report of the Conference about raising Forces in London.

The Speaker reported the Conference; which was, "That the House of Commons presented to their Lordships an Ordinance for raising of Forces in and about the City of London, wherein they desire their Lordships Concurrence."

The Ordinance was read, as followeth. (Here enter it.)

Ordered, That this House agrees with the House of Commons in this Ordinance; and that the same shall be forthwith printed and published.

"2. The House of Commons acquainted their Lordships with a Vote made by them: videlicet,

and about Instructions to the Committee at Oxford, to come up, and give an Account of their Proceedings.

"That the Committees of the House of Commons attending His Majesty at Oxon be enjoined to come from thence on Saturday next, Personally to give an Account to this House of the Proceedings of the Treaty; and that the Lords be desired to send the like Injunction to their Committee."

This House thought it fit to give private Directions to the Committee of this House.

Mr. Corbett to be inducted to a Living in Kent.

Ordered, That this House requires and commands the Archbishop of Canterbury presently to present and induct Mr. Corbett to the Parsonage of in the County of Kent; and a speedy Account thereof to be given to this House.

Order for sequestering the Profits of Gilston from Mr. Webb.

"Whereas Christopher Webb, Rector of Gilston, in the County of Hertford, upon hearing of the Complaint against him before the Grand Committee of the House of Commons for Religion, was fully proved to be a common Gamester, or common Drunkard, and Alehouse-haunter, negligent of his Cure, and not suffering others to preach when himself would not, and therefore voted by the said Committee unworthy and unfit to hold any Ecclesiastical Benefice, or Spiritual Promotion, in the Church; and sithence hath expressed much Malignancy against the Parliament, affirming, among other Things, "That he hoped in God he should see the Confusion of the Parliament:" All which the Lords and Commons assembled in Parliament taking into Consideration, for the better supply of an able and Godly Minister in the said Church, and for the Provision of fit Maintenance for those that shall officiate therein, do constitute and Ordain, That Thomas Bayford, Samuell Petchey, Joseph Foster, Nathaniell Spencer, Henry Corney, and Henry Damyen, Parishoners of Gilston aforesaid, or any Three of them, shall have Power and Authority, and are hereby required, to sequester the Parsonage-house, and all the Glebe Lands, Tithes, Rents, and Profits whatsoever, 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 and Authority, and are hereby required and enjoined, to deliver and pay the same unto Thomas Mockett, Master of Arts, a Godly, Learned, and Orthodox Divine, to the Use of the said Thomas Mockett, without any Accompt thereof to be made to any by the said Thomas Mockett, who is hereby required and appointed to preach every Lords-day, and to officiate as Rector, 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 deliver the said Parsonage-house and Glebe Lands unto the said Sequestrators, or any Three of them, or to the Collectors by them appointed, or to pay unto them, or any Three of them, any of the Tithes, Rents, Duties, or lawful Fees accustomed to be paid, upon Information thereof by the said 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 to indemnify the Mayor of Plymouth for seizing Corn, &c. in that Port, for Supply of the Stores there.

"The Lords and Commons now assembled in Parliament, having certain Information, that the Cornish and other Forces, commanded by Sir Ralph Hopton, by the several Invasions of Devon, and the Blockingup and Besieging of Plymouth, have occasioned the Expence of great Part of the Granary and Magazines of Victuals and Ammunition in the said Town, and consumed and eaten up the Parts adjacent, by Means whereof great Dearth is like to befall that Part of the County of Devon, and the Town more subject to be attempted by such as are Enemies to Peace, unless some speedy Remedy should be applied; and being further informed, that the Mayor of Plymouth aforesaid, to prevent the said Dearth, justly feared, hath stayed certain Ships of Corn, who came thither, bound for Spaine, and made Sale thereof, giving good Satisfaction to the Masters of the said Ships for the same; they do not only well approve of his so doing, but also hereby do Ordain, and give full Power and Authority to him the said Mayor, to supply the said Town and the Parts adjacent, in like Manner, with Corn and other Victuals, as also with Ammunition, as often as there shall be Need, during the Continuance of the War, giving like Content to the Owners; and in so doing, he shall be protected and saved harmless, by both Houses of Parliament."

Ordinance for assessing Persons in Yarmouth, for Defence of the Town.

"Whereas the Bailiffs and Corporation of Yarmouth have been at great Charges, in making Forts and Bulwarks in and about the said Town, which tend much to the Safety of that Town and Part of that Country adjacent, and sundry Persons do refuse to contribute to the same, and others that are Inhabitants there do refuse and neglect to watch to guard the Gates, and other the Forts and Passages in the said Town, (fn. *) when they are thereunto required: It is this Day Ordered, by the Lords and Commons now in Parliament assembled, That it shall be lawful for the Bailiffs, Aldermen, and Commonalty of the said Town, to make a Rate or Rates upon all Inhabitants of the said Town, and upon other Persons that have any Houses, Lands, Tenements, Goods, or Chattels, in the said Town, in an equal and indifferent Proportion, according to the usual Manner of other Rates in the said Town; and, in Case the Sum assessed, or any Part thereof, be unpaid by any Person so assessed, that it shall and may be lawful, to the said Bailiffs, or others by them nominated and appointed, to levy all such Sums so unpaid, by Way of Distress and Sale of the Goods of Persons so refusing or neglecting to pay such Sum or Sums of Money so assessed upon them; and, if it shall happen that any Person or Persons, having had due Summons or Notice, by Beat of Drum or otherwise, to appear at Musters, to be exercised in the Use of their Arms, or to watch by Day or by Night, at the Gates, Forts, Bridges, or other Places in the said Town, for the Safety and Preservation of the said Town, in this Time of imminent Danger, do refuse or neglect to appear in Person, or some other in his or their Behalf, to be allowed of by the Bailiffs, Justices of the Peace, and Captains in the said Town, or any One of them, that, for every such Default, the Person so refusing or neglecting shall forfeit the Sum of Five Shillings, to be employed in fortifying of the said Town; and, if the said Parties so refusing shall neglect to pay the said Sum of Five Shillings, that it shall and may be lawful for the said Bailiffs, Justices of the Peace, and Captains of the said Town, or any Three of them, to commit every such Person and Persons to the Gaol, there to remain by the Space of Two Days, without Bail or Mainprize."

"An Ordinance or Declaration of the Lords and Commons in Parliament assembled.

"The Committee for the Militia of London, for the better Securing and Safety thereof, the Parliament, and Parts adjacent, shall have full Power and Authority, by themselves and such as shall be by them intrusted, (fn. †) to raise Regiments of Voluntiers, as well within the City and Liberties as without, in the Parishes mentioned in the Weekly Bills, for the Defence of the City and Parliament, and those Places, as they shall see Cause; and that the same new Forces shall be within the Regiment and Command of the said Militia.

Ordinance for raising Forces in and about London.

"Whereas, for better Defence and Safeguard of of the City of London, whereon the Safety and Wellbeing of this present Parliament, and therein of our Religion, Laws, and Liberties, do so much depend, divers well-affected Persons, by Approbation of the Committee for the Militia there, have with great Care and Industry, as well within the City and Liberties, as without in the neighbour Parishes, obtained divers Subscriptions for considerable Numbers of honest and trusty Persons, not employed in the Militia or Trained Bands, as also for Horse and Arms, to the Intent the same might, as necessary Materials, be in Readiness, to help forward the Preparations for a Public Defence, in these Times of imminent Danger; and these Voluntiers, being listed, armed, and exercised, and formed into Regiments, might be in the Nature of Auxiliaries to the Trained Bands of the said City, for the good Ends and Purposes before mentioned; all which is conceived may be the better effected, if the same new Forces may, according to their Desires, be within the Ordering and Disposal of the Committee for the Militia of the said City: For the better securing therefore of the Parliament, and speeding of the said intended good Work, being of so great Concernment for prospering the common Cause and the Public Safety, it is Ordained, by the Lords and Commons in Parliament assembled, That the said Committee for the Militia of London shall, by themselves and such intrusted Persons as they shall appoint for their Sub-committee, have full Power and Authority, within the said City and Liberties thereof, as also within the Parishes and Places adjacent mentioned in the Weekly Bills of Mortality, to take the voluntary Subscriptions for Men, Arms, Horse and Money, of such well-affected Persons as please to contribute and come into this Employment, and convert such Contributions of Monies and Arms to the Use of the same; and to list, train, exercise, and put into Readiness, as well within Liberties as without, in the Parts and Places aforesaid, such trusty Persons, being none of the Trained Bands, as are or shall be so subscribed for or listed; and them, after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed and weaponed, and to take the Muster of them in Places most fit for that Purpose; and to appoint over them Colonels, Captains, and other Officers, and to remove out of their Places, and make others, from Time to Time, as they shall think fit for that Purpose; and shall have Power, by their Commanders and Officers, to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the several and respective Places aforesaid, and for Safeguarding the said City, Parliament, and Parts adjacent, according as they shall from Time to Time receive Directions from the said Committee, and the Persons trusted to be (fn. *) their Sub-committee, or as shall be in such Behalf directed by the Lords and Commons assembled in Parliament; any former Order, Ordinance, or Declaration, or other Matter, to the contrary hereof in any wise notwithstanding: And it is further Ordered, Declared, and Ordained, That as the good Endeavours of the said Committee for the Militia, the Persons trusted by them, and those whom they have employed in procuring the said Subscriptions, and others who have contributed, or shall concur with them in forwarding and profiting of the said Work, are, and shall be, taken as acceptable Testimonies of their Public Spirits, and real good Intentions for the common Good and Safety, and the Execution of the same a good Service to the Commonwealth; so the said Parties shall be, by Power of Parliament, saved harmless, both for what according to the true Meaning of the Premises they have done, and shall do herein for Time to come."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. and when.
Bis in Originali.
* Origin. by their.