House of Lords Journal Volume 6: 31 October 1643

DIE Martis, 31 die Octobris.

PRAYERS.

Lords present:

The Lord Grey of Warke, Speaker.

Letters concerning an Invitation to Colonel Aldrich to give up Aylsbury to the King's Forces.

Next, the Lord General's Letter was read, directed to the Speaker of this House, together with Three other Letters of Sir John Biron's, directed to Colonel Aldrich, Governor of Alsebury, to deal with him about the delivering up and betraying the Town of Alsebury into the King's Possession, there being in One of these Letters the King's Approbation of the Business, subscribed with His own Hand.

Hereupon this, the House taking into Consideration the Faithfulness and Fidelity of the said Colonel Aldrich, thought it (fn. 1) fit to acquaint the House of Commons with these Letters; and to recommend Colonel Aldrich's Faithfulness and Fidelity to them; and that he might have some Reward and Encouragement given him, that he and others may continue their Fidelity to the Parliament.

Message to the H. C. that they may be communicated to them at the Conference.

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

To desire, at the next Conference, their Lordships may communicate unto them some Papers received from the Lord General.

Subject of the Conference.

The Lord Say was to desire, at this Conference, "That the Commissioners of the Customs may be called, to give an Account what Orders have come to him from Committees for the importing Currants, contrary to the Ordinance of both Houses of Parliament: And further to acquaint them with the Lord Peter's Estate and Goods being seized and sequestered; and of the releasing of One Hundred and Forty Ships by Order from Mr. Greene, who sits in that Chair for the Commissioners of the Navy, contrary to the Ordinance of both Houses."

The Earl of Northumb. was appointed to acquaint the House of Commons with the Business concerning Sutton's Hospitall.

Mr. Jennings and Sir Tho. Dawes.

Upon reading the Petition of Mr. Jennyns against Sir Tho. Dawes Knight: It is Ordered, That the Gentleman Usher shall attach Sir Tho. Dawes, if he is to be found, for disobeying the former Orders of this House; but, in case he is not (fn. 1) to be found, then a Copy of this Petition and Order shall be left at his House where his Family resides; and, if he doth not appear and answer the same to this House, and bring in the Bonds formerly Ordered him, by this Day Three Weeks, that then this House will proceed to hear the Proofs on the Part of Mr. Jennyns.

Archbishop of Canterbury's Petition, to distinguish which of the Articles against him are Treason and which are not; and for a longer Time to put in his Answer.

The humble Petition of Wm. Archbishop of Canterbury was read; shewing, "That he having presented against him, by the Honourable House of Commons, to your Lordships, an Impeachment, intituled, Further Articles of Impeachment, by the Commons assembled in Parliament, of High Treason and divers High Crimes and Misdemeanors;" to which, by their Lordships Order of the Twenty-fourth of October annexed, he is directed to put in his Answer in Writing by Monday the 6th of November, and hath thereby Counsel assigned him to draw up the same:

"That the Petitioner's Counsel, upon reading the Articles, finding that, as well in the Frame as in the Conclusion thereof, the Matters of Crime and Misdemeanors are so interwoven with References to the Matters thereby charged as Treason, as they cannot take upon them to distinguish them; and conceiving it not to have been their Lordships Intention, by their Assignment, they should advise an Answer to any Part of the Impeachment charged against the Petitioner as Treason; do forbear to advise the Petitioner's Answer to the said Articles, without some Declaration first had, which of the said Articles are intended to be a Charge of High Treason, and which of them of Crimes and Misdemeanors; without which, the Petitioner is like to be deprived of the Assistance of Counsel, granted by their Lordships Order.

"The Petitioner humbly beseecheth their Lordships, in this so heavy a Charge upon him from so great and Honourable a Body, in such a Streight of Time, that it may be declared which of the said Articles are intended to be Charges of Crimes and Misdemeanors only, in which the Petitioner may have the Assistance of his Counsel assigned him, to advise him in his Answer thereunto; and that their Lordships will be further pleased to enlarge the Petitioner in the Time allotted for his Answer."

Hereupon this House Ordered, That the Time for putting in the Archbishop of Canterburie's Answer shall be enlarged until Monday come Sevennight: Touching the other Particulars in this Petition, this House having assigned him Counsel to put in his Answer, will give no further Direction therein.

Earl of Northumberland, Leave to be absent.

Ordered, That the Earl of Northumb. hath Leave to be absent from this House for Three or Four Days.

Lord Dacres, Ditto.

Ordered, That the Lord Dacres hath Leave to be absent for Six Days.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Pye and others:

To desire Concurrence in these Ordinances following:

1. An Order for disposing Five Hundred and Eight Pounds, (fn. 2) taken at the Court of Guard. (Here enter it.)

Agreed to.

2. An Order for Relief of maimed Soldiers, &c. (Here enter it.)

Agreed.

3. An Order for Mr. John Selden to take Possession of the Records in The Tower, in Sir Jo. Burrough's Place. (Here enter it.)

Agreed.

4. An Ordinance for associating of Kent, Sussex, &c.

The Answer returned was:

Answer.

That concerning the Ordinance for associating of Sussex, &c. their Lordships will send an Answer by Messengers of their own; touching the rest [ (fn. 3) of the] Orders, this House agrees to them all.

Limbrey and Langham.

Ordered, The Earl of Northumberland, Earl of Rutland, Earl of Denbigh, and the Lord Viscount Say & Seale, or any Three of them, are appointed (fn. 4) a Committee, to meet on Tuesday next, at Three of the Clock in the Afternoon, to consider of the Petitions of Mr. Limbrey, &c. and Mr. Alderman Langham's, &c. and report their Opinions to this House.

Message from the H. C. that they may offer some Matters for Consideration; at the Conference.

A Message was brought from the House of Commons, by Mr. Hatcher, &c.

To desire that, at the next (fn. 4) Conference, they may offer to their Lordships some Things, concerning the Great Seal of England, concerning the Lord General's Army, and concerning the Affairs of Scotland.

The Answer returned was:

Answer.

That their Lordships agree to have these Things offered to them at the next Conference.

Next, was read a Letter of the Lord General's, to the Speaker of the Lords House.

Lord General's Letter, about L. Willoughby's joining him with his Forces.

"My Lord,

"I have acquainted my Lord Willoughby with the Parliament's Desire; and find him very willing to march hither with his Horse, and a Regiment of Foot, whereof I have great Need; but they being so much in Arrear, both Officers and Soldiers, his Lordship conceives they will not be able to march without Money; and therefore I send your Lordships this inclosed, wherein he signifies his Desires; hoping the Parliament will be pleased to grant them, they being so reasonable. My Lord, I am

"Your Lordship's humble Servant,
Essex."

Oct. 30, 1643.

My Lord Willougbie's Desires to his Excellency:

Lord Willoughby's Requests, for Arrears due to his Army.

"1. That his Excellency will acquaint the Parliament, that his Officers and Soldiers are Forty Weeks behind; and questions whether they will march without it or not, having Notice how well Colonel Cromwell's Soldiers are paid.

"2. He desires to bring his Regiment of Foot also, who are much behind in Pay; and intends to horse as many of them as he can, and bring them.

"3. If the Parliament assign him Payment, he'll take of Delinquents Estates there, and accompt; without which many will be ruined, that refused better Employments to serve him.

"4. Lyncolneshire never received so much as Arms: His Lordship had Thirteen Hundred Pounds assigned him out of the Sequestration; in Expectation whereof, he borrowed Money for present Supply; but, after often sending, could not have a Penny of that which was assigned him."

Witnesses that Sir Kenelm Digby is well-affected to the Parliament.

This Day, Tho. Devenish, Adrian Randall, and Mathew Derby, upon Oath, confirmed their Information concerning Sir Kenelme Digbie's going to Church, and his Expressions of Affection to the Parliament: Hereupon this House Resolved, To communicate the same to the House of Commons, as a Reason why Sir Kenelme Digbie's Estate should not be sequestered upon the Supposition that he is a Papist.

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

Answer from the H. C.

That they agree, at the next Conference, to have the Letter and Papers from the Lord General to be communicated to them.

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

Report of the Conference about raising Monies for the Lord General's Army.

The Speaker reported Part of the Conference; which was, "The Votes concerning Money for the Lord General's Army;" which were read, as followeth:

"That the House of Commons doth nominate John Kenricke Alderman, to be One of the Committees to reside in the North."

Agreed to.

Votes about it.

"That Twenty Thousand Pounds, out of the First Three Months Excise, shall be assigned to my Lord General's Army: Provided, That this Order do no Way impeach or prejudice the former Orders for Monies out of the Excise; and that the Commissioners of Excise be required to pay the same accordingly."

Agreed to.

"That Three Thousand Pounds shall be allowed to my Lord General, out of the Excise-monies, over and above the Twenty Thousand Pounds Ordered for (fn. 5) his Excellency's Army in the former Vote to recruit his Army; and that the Commissioners for Excise do pay the same accordingly."

Agreed to.

Order for disposing of the Money that was taken at the Court of Guard.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Five Hundred and Eight Pounds, seized and stayed at the Guards last Night, shall be employed; Twenty Pounds of it to the Guards that took and seized it; and, that Twenty Pounds being deducted, the Moiety of the Residue to be paid unto my Lord General, the other Moiety to Sir Gilbert Gerrard, to satisfy in Part the Bills of Exchange from Berwick."

Order for Mr. Selden to be Keeper of the Records in The Tower.

"It is this Day Ordered, by the Lords and Commons, That the Office of the Clerk and Keeper of the Records in The Tower of London be sequestered into the Hands of John Selden Esquire, a Member of the House of Commons; and that Mr. Collett and Mr. Ryley, Clerks in that Office, do continue in the Execution of the said Place under Mr. Selden, as formerly they did under Sir John Borough, or any other; and that the said Mr. John Selden do receive all Rents, Profits, and Advantages, formerly belonging to the said Place or Office, as Sir John Borough or any other have, might, or ought to have done."

An Ordinance of the Lords and Commons assembled in Parliament, for the Relief and Maintenance of sick and maimed Soldiers, and of poor Widows and Children of Soldiers slain in the Service of the Parliament.

Ordinance for Relief of maimed Soldiers.

"The Lords and Commons assembled in Parliament, being desirous to use their utmost Care for the Relief (fn. 5) and Maintenance of the sick and maimed Soldiers of the Parliament's Army, and to provide for the Sustenance of poor Widows and Children of such Soldiers as have been slain in the Service of the Parliament, do hereby Ordain, and be it Ordained by the said Lords and Commons, That such poor Soldiers as have either passed the Chirurgeons Hand, or shall lie under Cure, and, by the Loss of any Member, or other Maim, in the Service of the Parliament, are or shall not be able to maintain themselves during the Time of such Inability; and all such sick and wounded Soldiers as are, or shall be, sent sick or wounded from the said Army, during the Time of such Sickness, and Disability for Service; and all poor Widows and Children of such Soldiers as have been slain in the aforesaid Service, and are not able of themselves to subsist, during the Time of such Poverty; shall, for the Space of Six Months, to begin from the First of November next, be provided for and maintained, in Manner as is by this present Ordinance provided, ordered, and appointed; for which Purpose, the said Lords and Commons do Ordain, That the several Sums of Money ensuing shall be rated and levied upon the several Counties following; videlicet,

"For the rating, levying, and collecting whereof, be it Ordained, by the said Lords and Commons, That all and every the High Constables of the several Counties aforesaid shall, upon the First Notice hereof, meet together, and divide the Sums set upon the several Counties, and upon the several Hundreds, in such Proportion as they were rated upon the First Payment of the Subsidy of Four Hundred Thousand Pounds; and, after the Division of the said Sum in the several Hundreds, then the particular High Constables of every Hundred respectively shall be hereby authorized and required forthwith to issue out their Warrants and Precepts to the Petty Constables of the Towns, Parishes, and Hamlets, within their respective Hundreds and Divisions, and also to such other Persons as the said High Constables shall think fit to employ as Assistants therein, for the levying and collecting such Sums of Money as by the High Constable of each Hundred or Division, or such as they shall appoint, shall be proportioned and rated upon the several Inhabitants of each Parish, Town, or Hamlet, within their respective Hundred or Division; and, in Case of Refusal or Neglect of any Person or Persons so rated to pay the same, to authorize the said Petty Constables, and the said other Persons to be appointed as Assistants therein, to distrain the Goods and Chattels of such Person so refusing or neglecting as aforesaid, and to sell the same for the Service and Purposes aforesaid; and that, for the Cities of London and Westm. and Suburbs thereof, the Committee for the Militia do likewise, upon Notice hereof, issue forth their Warrants and Precepts to the Churchwardens of the several Parishes within the said Cities and Suburbs, and such others as they shall think fit, far the rating, levying, and collecting such Sums of Money as they shall proportion to be rated and collected upon the several Parishes within the said Cities of London and Westm. and the Suburbs thereof; and, in Case of Refusal or Neglect as abovesaid, the like Course to be taken, by Way of Distress, as is afore directed for the several Counties; and also that the said High Constables and Churchwardens do certify the Names of all such Persons so refusing or neglecting to the Treasurers hereafter named, who are to signify the same to the Committee of the House of Commons for maimed Soldiers, to the End such Persons may be proceeded against according to Justice: And it is also Ordained, That the High Constables of the several Counties shall receive the Monies so levied and collected within their respective Hundreds and Divisions, and, upon Receipt thereof, shall, within Three Weeks next after the Receipt of this Ordinance, bring the said Monies, or cause the same to be brought, to Cordwin'rs Hall, in London; and the Churchwardens of the several Parishes within the Cities of London and Westm. and the Suburbs, are to receive the Monies levied upon their respective Parishes, and within Fourteen Days to make Return thereof to Cordweynors Hall, in London, as aforesaid; at which Place of Receipt, William Greenhill, John Pococke, John Randall, and Richard Hutchinson, Citizens of London, or some of them, are hereby appointed to receive the same every Tuesday and Friday, and to be Treasurers for the same, and to give Receipts and Discharges for the same, under their or some of their Hands: And it is further Ordained, by the said Lords and Commons, That the Money, so levied and received by the said Treasurers as aforesaid, shall be by them, or any Two of them, disposed of for the better Advantage and for the Uses and Purposes aforesaid, so that not above Four Shillings be allowed Weekly to any such maimed, wounded, diseased, or sick Soldier, or poor Family, as aforesaid: And it is further Ordained, by the said Lords and Commons, That, for the better executing of this Ordinance, Nathaniell Wyburne and Roger Bincks Gentlemen, or such others as they the said Treasurers shall appoint, shall be employed as Agents into the said several Counties, to give Notice hereof to the said several High Constables, and to certify the Committee of the House of Commons for maimed Soldiers of any Obstructions or Neglect that shall be or arise in any Person or Persons to hinder the Execution of this Ordinance, and who causeth the same; and to do and perform such other Service, in the Pursuance hereof, as to the said Committee, or to the Treasurers aforesaid, shall be conceived requisite for the due Execution of this Ordinance: And it is lastly Ordained, by the said Lords and Commons, That the said Treasurers and Agents, from Time to Time, shall receive such Allowance, for their Pains and Charges in the executing of this present Ordinance, as by the said Committee of the House of Commons shall be allowed and appointed; by which Committee the said Treasurers shall be from Time to Time directed, and shall yield an Accompt unto them when the same shall be required.

"Provided always, That where any Captain, under whose Command any such sick or maimed Soldiers is or hath been listed, shall receive Pay for any such sick or maimed Soldiers, that, notwithstanding the Allowance beforementioned to any such sick or maimed Soldiers, the said Captain that shall receive such Allowance shall pay and allow the same to the said Soldier."