House of Lords Journal Volume 5: 8 December 1642

DIE Jovis, 8 die Decembris.

Prayers.

Earl of Manchester, Speaker this Day.

The Messengers return this Answer:

Answer from the H. C. about the seizing Salt-Petre; and Names of Assessors, &c.

That the House of Commons agrees to the Names of Assessors and Collectors, and will quicken the Expedition of the Ordinance for assessing of Monies; and they agree to the Order concerning Brimstone and Saltpetre.

E. of Pembroke to attend the King's Children.

Ordered, That the Earl of Pembrooke shall attend upon the King's Children, and remove them To-morrow to St. James's.

Archbishop of Canterbury's Petition about disposing of the Office of Judge of the Faculties.

The Petition of the Archbishop of Cant. was read; shewing, "That whereas Sir Charles Cæsar, Master of the Rolls, and Master of the Faculties, is dead, and by that Means made the Office of the Faculties void, which is in (fn. 1) his Lordship's Gift; and whereas, by an Order of this House, dated 23d of October, 1641, he is required not (fn. 2) to bestow any Office or Dignity without first acquainting their Lordships with it, for your Lordships Approbation of the Person:

"He humbly names Dr. Heath and Dr. Aylett, Men able and honest, and such as have given long Attendance upon this House; and, if their Lordships approve either of them, he shall give the Office accordingly."

To appoint Dr. Aylett.

Ordered, That this House approves of Dr. Aylett, and recommends him to the Archbishop of Cant. to be Judge of the Faculties.

Delinquents sent for, for insulting and Imprisoning the Earls of Carlisle and Suffolk.

Committee to enquire into it.

Information was given, "That the Earls of Suffolke and Carlile were taken out of their Coaches in London Yesterday, and knocked down by a Constable, and afterward carried to The Compter in London:" It is Ordered, That the Constable and the Officers of The Counter shall attend this House To-morrow Morning, to shew by what Warrant and Authority they did it; and the Earls of Holland, Bedford, Clare, Lord Brooke, and the Lord Lovelace, are appointed to examine this Business, and report the same to this House.

Message from the H. C. for the Lords to concur in the following Particulars.

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

That whereas divers Orders were brought up, by Sir Henry Vane and Mr. Pym, Yesterday; they desire their Lordships would give Expedition therein.

2. To give Expedition in the Declaration concerning the Commission of Array, formerly brought up from the House of Commons.

3. To concur with the House of Commons, in nominating and approving Wm. Lenthall, Esquire, Speaker of the House of Commons, to be Master of the Rolls, the Place being now void by the Death of Sir Charles Cæsar.

Then the Votes of the House of Commons were read, as followeth, concerning the Speaker of the House of Commons to be Master of the Rolls.

Votes of the H. C. for their Speaker to be Master of the Rolls.

"1. That a Person shall be named by both Houses to be Master of the Rolls:

"That whosoever is put into that Place without the Nomination of both Houses, shall be displaced by Authority of both Houses.

"That this House doth nominate and appoint Wm. Lenthall, Esquire, their Speaker, to be Master of the Rolls.

"That the House in Chancery Layne belonging to the Master of the Rolls, and all the Records there kept, shall be delivered into the Possession of Mr. Speaker; and all the Clerks there are required to be obedient to Mr. Speaker's Commands.

"The House doth further Resolve, That all the Profits, Advantages, Emoluments, and Incidents, belonging to the said Office, shall be invested in the said Mr. Speaker."

Laid aside for the Present.

Ordered, That this House lays these Votes aside for the present.

2. An Order concerning sending Provisions into Ireland, to relieve the Protestants there, &c. (Here enter it.)

Agreed to.

3. An Order concerning levying Dragooners, to be levied in Som'sett, Devon, and Cornwaile, &c. (Here enter it.)

Agreed to.

4. An Order for setting forth Ships for the Defence of the Narrow Seas. (Here enter it.)

Agreed to.

5. An Order to tax several Counties, for Maintenance of such Persons as shall rise for the Safety of the Kingdom. (Here enter it.)

Agreed to.

6. An Order for to desire the Earl of Lyndsay to recommend the Declaration to the Scotts. (Here enter it.)

Agreed to.

The Answer returned was:

Answer to the H. C.

That (fn. 3) to the Votes concerning the Nomination of the Speaker to be Master of the Rolls, this House will send an Answer by Messengers of their own; that this House agrees with the House of Commons in all the rest of the Orders; and that this House will take into Consideration the Declaration against the Commission of Array.

Mr. Floyd, Leave to be absent.

Ordered, That Mr. Floyd, Chaplain to this House, shall have Leave to go into the Country, about some Business that concerns his Preferment.

Branthwayte's Petition to be released upon Bail.

Upon reading the Petition of Richard Branthwayte, Esquire, shewing, "That he hath been a Prisoner in The Tower the Space of Sixteen Weeks, to the great Decay of his Health, and Harm of his Estate, and the Estates of some others wherewith he is intrusted and much incumbered; that he shall therein daily suffer more and more, unless he may have Leave to remove to some Place in London, where he may personally attend his great Concernments. He therefore prayeth their Lordships Favour, that he may have the Liberty of London, and to lie in some Lodgings nigh The Temples, where he may attend his Health and his Occasions; giving Bail to appear before their Lordships, whensoever they please, upon reasonable Warning, to call him to his Answer."

Leave for him to go abroad with a Keeper.

Hereupon this House Ordered, That the said Ric'd Branthwayte shall have Liberty, by virtue hereof, to go abroad with a Keeper for his Health and his Occasions, provided he return every Night, and render himself to the Lieutenant of The Tower.

Skipwith Leave to go to Holland to the Queen.

Ordered, That Mr. Skipwith, Servant to the Queen, shall have Liberty to go to Holland, to the Queen, to attend in his Place, as Her Servant there.

Order for a Supply of Provisions for Ireland.

"Whereas His Majesty's People of the Province of Munster, in the Kingdom of Ireland, have been, by the violent Outrages and Oppressions of the Rebels, reduced to such Poverty and Want, as that they are become unable to support themselves, much less to supply the Wants of such Soldiers as are sent from hence to their Aid, even with the meanest Things that are most necessary for their Sustentation of Life: For Remedy whereof, and that His Majesty's Forces sent thither may not be exposed to any Extremity, through Want of Victuals, or other necessary Provisions, it is this Day Ordered, by the Lords and Commons in Parliament, That whosoever, either Merchants or others, residing either in or about the Cities of Bristoll and Exeter, or the Towns of Plimouth or Barnstaple, or any other of the Western Ports of this Kingdom, shall bring into any the Ports of Kinsale, Corke, Youghall in the Province of Munster, any Proportion of Corn, Meal, or other Victual, and Cloathing, necessary for their Sustenance, and deliver the same unto the Commissaries for Victuals appointed for that Province, at such Rates as he or they shall agree for; and shall bring Certificates, under the Hands and Seals of such Commissary for Victual, and of the Treasurer, or Vice Treasurer, or whomsoever he shall appoint in these several Ports, of the certain Sums agreed upon to be received for the same; that, upon Delivery of such Certificates unto such Persons as shall be assigned by the Parliament to receive them here in London, the Seller of such Victual, Cloathing, or other necessary Provisions, or his Assigns, shall receive certain and full Payment of such Sum or Sums of Money, out of the Chamber of London, as shall appear due upon such Certificates, within Thirty Days after producing of the same; and the Houses of Parliament are of Opinion, and do Declare, That, if any Person whatsoever shall send or supply, or cause to to be sent or supplied, to the Rebels in Ireland, or any of them, any Corn, Victuals, Powder, Ammunition, Arms, or other Provisions, for or towards the Assistance or Support of the Rebels, or any of them, such Person is thereby guilty of High Treason, and forfeits his Life and Estate."

Order for levying Dragoons in Somersetshire and Cornwall.

"Resolved, upon the Question,

"That a Thousand Dragoons be levied, in Som'sett, Devon, and Cornwall; Five Hundred at the Officers own Expence, upon Adventure for Land in Ireland; and Five Hundred to be taken up upon Ticket, upon Papists, Commissioners of Array, Not-contributors, and Delinquents; and those Dragooners to be employed in the Service of the Western Parts till the latter End of March next, and then to be sent into Ireland, for the Service of that Kingdom; and that One Thousand Pounds be advanced unto them upon Accompt; and likewise ready Money to provide Arms and One Thousand Saddles; and that the said Thousand Pounds, and Money for Arms and Saddles, shall be re-paid out of the Plate raised in the County of Devon and Cornwall upon the Propositions.

"And that all His Majesty's Officers and well-affected Persons, who value the Protestant Religion, and the Safety of their Lives and Estates, in the Peace of the Three Kingdoms, be obliged to assist Captain James Chudleigh, and the other Officers of Colonel Minne's Regiment, in the speedily levying of these Dragooners; and that all Officers and Soldiers of the said Regiment be required (in Absence of their Colonel) to obey the said Captain Chudleigh, their Officer in Chief, according to the Discipline of War."

Order for fitting out a Fleet for Defence of the Narrow Seas.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Twenty of His Majesty's Ships, (fn. 4) manned with Four Thousand Men, and Twenty Merchant Ships, shall be employed as the next Summer's Fleet, for the Space of Eight Months, for the Defence of the narrow Seas, and of His Majesty's Kingdoms of England and Ireland; and that the Lords and others, Commissioners for the Admiralty and Cinque Ports, do take effectual Care for the timely fitting, victualing, manning, and setting forth the said Number of Ships, in Warlike Manner, according to Custom, that they may be ready to set to Sea Twelve of them by the First of March, and the rest by the First of April at the farthest."

Order for taxing several Counties, for Support of the Army.

"Whereas an Army, consisting of Papists, Delinquents, and others, ill-affected Persons to the Protestant Religion, and the Laws and Liberties of this Kingdom, have possessed themselves of His Majesty's Person, and, by Colour of His Authority, have marched through divers Counties of this Kingdom, and have plundered, spoiled, and wasted the same, in a barbarous and inhuman Manner, have wounded and plundered many of His Majesty's most faithful Subjects, and are still going on to commit the like Spoil, Waste, and Rapine, in all other Parts, which, if not timely (fn. 5) prevented, must necessarily bring a speedy Famine, Death, and Desolation, upon the whole Kingdom; and whereas divers well-affected Persons, out of several Counties, have drawn themselves into a Body to join with the Earl of Essex's Forces, for the suppressing of the said Army (an Act well becoming all true-hearted Englishmen, and Lovers of their Country and Religion, and necessary to be imitated by all other Counties, that would prevent the Ruin of both): Now, forasmuch as those Persons that are, or hereafter shall assemble themselves for that Purpose, cannot bear the Charge thereof, or continue together without the Aid and Assistance of the several Counties out of which they come, and that it is agreeable with all Equity and Justice, that, as the Benefit doth redound to all, so all should bear the Burthen and Charge thereof, it is therefore Ordained and Ordered, by the Lords and Commons in Parliament, That the Deputy Lieutenants of the said several Counties, nominated and appointed by Parliament, or any Two of them respectively, shall have Power, and are hereby authorized, within their several Counties, from Time to Time, as the Occasion shall require, to charge the said several Counties with such Sums of Money as shall be requisite for that Service, and to apportion the same upon the several Hundreds and Corporations within the said Counties, according to the usual Proportions in other Public Rates; and shall likewise have Power to nominate Assessors, to tax the Inhabitants of the said Hundreds and Corporations, and to appoint Collectors to levy and collect the same.

"And, in case any Person so rated shall refuse to pay the Sum or Sums of Money which he is taxed to pay, that then the said Deputy Lieutenants, or any Two of them, within their several and respective Counties, shall have Power, and are hereby authorized, to issue out their Warrants to the said Collectors, to levy the same by Distress, and to sell the Goods so distrained, returning to the Owner the Overplus; and, in Case no Distress can be had or taken, to commit the Party so refusing to the Common Gaol of the County, there to remain, without Bail or Mainprise, until he shall pay the Sum and Sums so assessed as aforesaid."

Declaration to be recommended to the Scots.

"Resolved, upon the Question,

"That the Earl of Linsay, One of the Scotts Commissioners, be desired, from both Houses, to recommend the Declaration from this State to the State of Scotland, with the best Expedition and the best Advantage for the Service, as he shall think most fitting.

"Resolved, &c.

"That Mr. Weldon shall be joined with Mr. Pickering, in the Delivery of the Declaration, and in the Prosecution of all other such Business there."

Adjourn.

Adjourned till 10 ^a cras.