Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 27 die Octobris.
The Lord Grey of Warke, Speaker.
L. Viscount Say & Seale.
Baron Trevor, to attend as an Assistant.
It was moved, "That Mr. Baron Trevor desires to know their Lordships Pleasure, whether the House will admit him to attend the House as an Assistant, since he hath submitted to their Lordships Judgement, and paid his Fine."
Hereupon this House Ordered, That he shall have Leave to attend this House, as usually he did.
Answer from the H. C.
Sir Rob't Rich and Mr. Page return with this Answer from the House of Commons:
That they agree to the Addition in the Ordinance for raising of Sixty-six Thousand, Six Hundred and Sixtysix Pounds, Thirteen Shillings and Four Pence.
(Here enter it.)
Report of the Conference concerning the Armies in Ireland, and Transactions in Scotland.
Next, the Speaker reported the Remainder of the Conference with the House of Commons Yesterday:
First he said, "That Sir Henry Vane presented to their Lordships divers Papers concerning the Affairs of the Armies in Ireland, and the Affairs in Scotland;" which were read.
Papers concerning them.
Concerning the Armies in Ireland:
1. Was read, A Letter from the Commissioners of the Parliament in Scotland, written to the Speaker of the House of Commons. (Here enter it.)
2. Was read, A Paper of the Commissioners of Estates in Scotland, touching the Irish Affairs, 11 October 1643. (Here enter it.)
3. Was read, The Answer of the English Committee to the aforesaid Paper, 11 October, 1643.
(Here enter it.)
"4. Was read, Another Paper of the Commissioners of Estates in Scotland, 13 October 1643.
(Here enter it.)
It was further said, That divers Colonels of British Regiments were gone out of Ulster to Dublin, about rendering their Regiments to the Obedience of the Cessation of Arms with the Rebels; which would be a Means that all the Forces of the Rebels will be turned upon the Scotts Army there, unless some speedy Course be taken.
The Papers concerning the Affairs of Scotland were these:
1. Was read, A Paper, whereby it appears what Course the Scotts have taken for the swearing and subscribing the League and Covenant. (Here enter it.)
2. Was read, Another Paper, what Course the Scotts have taken for those Persons that refuse to take the Covenant. (Here enter it.)
The Scots disapprove of the Cessation in Ireland;
That the Cessation of Arms with the Rebels in Ireland did open their Eyes; that they (fn. 1) see plainly that the Protestant Religion is endeavoured to be rooted out of that Kingdom, which hath made the Kingdom of Scottland take the Covenant unanimously; and they are resolved to join with their Brethren of England, in Defence and Preservation of Religion against the common Eenemy.
their Army will be ready to march as soon as they receive Supplies.
(fn. 2) They have named all their Officers, and listed all their Soldiers; their Artillery and Ammunition is at Leigth, and they are making Provisions of Victuals as far as they are able: But they confess, they are not ashamed to confess, their Poverty; therefore they desire to have a Supply from us of some Money, whereby they may be able to keep their Army together, when it is in a Body; and, whensoever they shall have Knowledge from the Parliament of the Agreements, they will be ready to march at their Rendezvous at Eight and Forty Hours Warning; and they further desire that the Town of Barwicke may be taken into Consideration.
Letters from the King to the Council of Scotland, against taking the Covenant.
Next, were read, A Copy of Two Letters of His Majesty's to the Council of Scotland, wherein the Lords of the Council took the Covenant as in the Capacity of Privy Counsellors, though they had taken it before as Commissioners: And (fn. 3) the Answer which they intended to return His Majesty was, That they ought not in Conscience nor Duty so much as to register them, much less to give present Obedience to them."
Letter from English Commissioners in Scotland, to hasten the Treaty and Propositions between the Two Kingdoms.
The Time when the Scottish Army desired for the Assistance of England was intended to have been upon their March being now elapsed, and not any Word come to us from the Houses concerning the Propositions and Treaty between the Two Kingdoms sent from hence, so many Difficulties are thereby likely to arise to your Affairs in this Nation, that we conceived no Means ought to be wanting in us, to endeavour the speedy Prevention of the same; especially considering the secret Underminings of Malignants here and elsewhere, who very much improve these Delays, to the Disservice of the Parliament, and Interruption of the Union betwixt the Two Nations, there being no Means unattempted, both in this Island and from abroad, to hinder the Preparations and cool the Affections of this Kingdom, now happily warmed and engaged by their unanimous and chearful Concurrence with you in the Covenant lately sent unto them, according to the Alterations made in Engl. But, besides all this, the Cessation of Arms in Irel. now certainly concluded, and the very great Streights and Dangers thereby brought upon the Scottish Army (which are much increased by the Want of their necessary Supply from Engl., in Money, Victuals, and Cloaths); as also considering that our Instructions do not enable us to apply Remedy to these unexpected Calamities (though called upon daily from the Committee of Estates for our Advice and Help herein); and lastly, being earnestly desired hereunto by that Committee, as the most probable Means left to procure Remedy to these Evils before they become desperate; we have thought it necessary to send this Bearer, Sir Henry Vane the Younger, that he may report to both Houses the true State of Affairs as well in Ireland as Scotl., and to desire the speedy Resolution of the Parliament concerning the same; which we hope the Houses will be pleased to take in good Part, although for the present it reduceth us to a very small Number, which yet we expect will be suddenly increased by Mr. Hatcher's speedy Return: Upon Advertisement likewise given, that Mr. Marshall's coming for Engl. at this present will be serviceable to the Public, we thought fit for some Time to spare him from that Assistance here which he hath very faithfully performed. This Account we thought requisite to give you upon this Occasion; as likewise to send you the Papers, which, since our last Dispatch, we have received from the Committee of Estates and Commissioners of the Church, concerning the taking of the Covenant here, and concerning the Scottish Army in Irel.; leaving the rest to the Relation of this Bearer who we desire you would (fn. 4) speedily return to us, with the Resolutions of the Houses in these Businesses committed to him; and so remain
Edenburgh, October 15th, 1643.
Your humble Servants,
Edenb. 11. October, 1643.
Paper from the Estates of Scotland, concerning the Cessation of Arms with the Rebels in Ireland.
The Committee of Estates of the Kingdome of Scotl. having seene the Letters sent by General Major Monro to the Lord Gennerall the Earle of Leven, togeather with the printed Articles of the Cessation of Armes in Irel., all which they did Ordeyne to be communicated to the Commissioners of both Houses of the Parliament of Engl. by their Order of the 7th of October Instant, that they might give their Advice therein; which being accordingly don, the said Commissioners, by their Paper of the 9th of October, do retorne Answer, That, by their Paper of the 2d of September, given in to the said Committee of Estates, in Answer to their Desire concerning some Letters from the said General Major Monro and Justices of Irel. about a Cessation of Armes in that Kingdome (then in Treaty), the said Commissioners did looke upon the same as a Matter of so great Consequence, as they thought it fitt and necessary both Houses of the Parliament of Engl. should be acquainted therewith, and their Pleasure therein signified to them before they could retorne Answer; in Conformity whereunto, they did then represent the same to both Houses, and do expect daily to receive full and ample Instructions concerning the same; untill which Time it will be impossible for them to give any possible Resolution: And in regard the said Cessation, whilst only in Treaty, is conceived to be of dangerous Consequence, and, as (the House of Commons have voted) distructive to the Protestant Religion, dishonourable to the Engl. Nation, and prejudiciall to the Interests of all the Three Kingdomes; but now, being come forth in Articles, the like whereof wee have not seene and heard in any Nation where the Reformed Protestant Religion authorised by the Lawes of the Kingdome is professed by Prince and People, the said Committee of Estates findes the imminent Dainger thereof so apparant and pressing, not only upon the Protestants in Irel., but also upon Religion itself, and the Persons professing the same in all His Majesty's Dominions, especially these, who have taken, or are to take, the Solemne League and Covenante with God amonge themselves, for the Maintenance and Reformation of Religion in the Three Kingdomes; that a little Delay of Time without solid Resolutions and effectuall Conclusions for preventing, and with God's Assistance overturning, such a damnable Plott, may draw on more Dammage and Harme then Time or Money can well recover; the Consideration thereof, and the uncertaine and slow Progress of Busines, hath moved the said Committee of the Estates to desire, that the said Commissioners of both Houses may be pleased to take it to their Consideration, as a Thing very fitting and necessary, that One of their Nomber may be at the Paines to goe to London, where hee may report the true Estate and Condition of Affaires as they now stand, as well in Irel. as heere in Scotl. to the Honourable Houses of the Parliament of Engl.; that they (understanding the Case of Busines as they now are) may with all possible Dilligence take such Resolutions, and use those lawfull, ordinary and effectuall Meanes, as whereby, with the helping Hand of God Almighty, Religion, His Majesty's Honour, His Person, Posterity, and whole Dominions, may be kept from the threatned and yminent Ruyne; and that the Person who shall be sent may speedily be retorned with their Resolutions herein.
"Arch. Primrose, Cler."
11th October, 1643.
Answer of the English Commissioners to it.
The Commissioners of the Parliament of Engl. having taken into Consideration the Paper from the Honourable Committee of Estates of the Kingdom of Scotl. of the 11th of October Instant, concerning the imminent Danger to which they conceive the Kingdom of Irel. now exposed by reason of the Cessation lately concluded on there; which is so apparent and pressing, not only upon the Protestants in Irel., but also upon Religion itself and the Persons professing the same in all His Majesty's Dominions, especially those who have taken, or are to take, the Solemn League and Covenant in all the Three Kingdoms; in which respect the said Committee desire, as a Thing very fitting and necessary, that One of the said Commissioners should repair to the Houses of Parliament, there to report the true Estate and Condition of Affairs, as well in Irel. as here in Scotland: We, the Commissioners, being very sensible of the Extremities of the Scottish Army in Irel. and for other the Reasons expressed in the foresaid Paper, have resolved (though our Number be very few) accordingly to send One thither forthwith, to be speedily returned with the Resolutions of the Houses, as it is desired.
"Will'm Bond, Secr. Commiss."
Edenb. 13 October, 1643.
Paper from the Estates of Scotland, for One of the English Commissioners there to repair to the Parliament, for Advice about the Situation of Affairs there, and in Ireland.
The Committee of Estates, by their Paper of the 11th of October Instant, given in to the Commissioners of both Houses of the Parliament of Engl. for the Reasons and Considerations therein conteyned, do desire the said Commissioners, as a Thing very fitting and necessary, that One of their Nomber may be at the Paines to goe to Lond'n, where hee may represent the true Estate and Condition of Affaires as they now stand, as well in Irel. as in Scotl. to the Honourable Houses of the Parliament of Engl.; to which Paper the said Commissioners have retorned their Answer, of Willingnes to comply with the Desires of the said Committee, in sending One of their Nomber to Lond'n: And in respect the Dainger of the Protestants in Irel. (whereof the Scottish Army are a Part) is so emynent, that, as is exprest in the said Paper, a little Delay of Time may make the Loss irrecoverable, therefore the said Committee of Estates earnestly recommends to the Care and Dilligence of him, the said Commissioner, who shall goe to London for the Effect aforesaid, that hee may remonstrate to the said Honourable Houses the daingerous Condition of the State of Affaires in Irel.; and, as it is not doubted but they will provide Moneyes for the Scottish Army there, soe they will authorize their Commissioners who are or shall be heere in Scotl. with sufficient Warrant and Power to treate and conclude in every Thing concerning the said Scottish Army in Irel. and Disposall thereof in whole or in Part, which, by joynt Advice of the Committee of Estates of Scotl. shal be found necessary, in as farr as the Posture of Affaires for the Time can permit, for the Good of the Cause in Hand, in Pursuance of the Covenante now sworne and subscribed in both Kingdomes; and if the said Army shall in the meane Time (which God forbidd) be driven to those Extreamities, through the Not-performance of what was due unto them, that they must abandon or be re-called out of that Kingdome of Irel. the Committee of Estates are confident the Honourable Houses will take the same in good Part, and esteeme it as an Act of Necessity, and the least of Evills.
"Arch. Primrose, Cler. Commiss."
Edenburgh, 11 October, 1643.
Covenant to be taken in Scotland.
"The Commissioners of the Gennerall Assembly having received from their Brethren sent unto the Kingdome of Engl. the Solemne League and Covenante underwritten, as it was approven to the Honourable Houses of the Parliament of England and the Assembly of Divines in that Kingdome, and solemnly sworne and subscribed there, after due Examination thereof, did, all in One Voice, most heartily receive and embrace the same, as agreeing with the Draught unanimously and cheerfully approven and embraced by the late Gennerall Assembly and Convention of Estates, as the most powerfull Meane, by the Blessing of God, for setting and preserving the true Protestant Religion with perfect Peace in His Majesty's Dominions, and propogating the same to other Nations, and so establishing His Majesty's Throne to all Ages and Generations; and therefore, according to the Power given unto them by the said Assembly, Ordeyne this Solemne League and Covenante to be, with Publique Humiliation and all Religious Solempnity, received, sworne, and subscribed, by all Mynisters and Proffessors within this Kirke: And, that this may be univerfally performed, it is also Ordeyned, That this League and Covenante be forthwith printed; and that the printed Copies, bound with some cleane Sheets of Paper, be sent unto the Mynistry; and that every Mynister, upon the first Lords-day after the same shall come to his Hands, reade and explane it, and by Exhortation prepare the People to the swearing and subscribing thereof solemly the Lords-day next ymmediatly following: And it is further Ordeyned, That Presbytries take Accompt of the Performance thereof in their severall Bounds, and that they proceeds with the Censures of the Kirke against all such as shall refuse or shift to sweare and subscribe this League and Covenante, as Enemies to the Preservation and Propogation of Religion; and that they notify their Names, and make particular Report of their owne Dilligence heerein, to this Commission, or their Moderator or Clerke, to be delivered to them: And the Commissioners thinke it very convenient, for good Example, and the better Encouragement of others, that this Covenante be solemnly sworne and subscribed by themselves now present, before the Congregation in The East Kirke, upon Friday next; the 13th of this Instant, after Sermon and Exhortation to be made by Mr. Robert Douglas, Moderator; and that the Commissioners of the Convention of Estate now in Towne, and the Commissioners from the Parliament of England, and the Divines of that Kingdome heere present, be earnestly desired to joyne with them in this Solemne and Religious Action."
Covenant to be taken by all the Subjects in Scotland; and no Person to hold Places or Employment there, who has not taken it.
Edenb. 12th October 1643.
The Commissioners of the Convention of Estates having received from the Commissioners of the Gennerall Assembly the Solemne League and Covenante under-written, approven and solemly sworne and subscribed in the Kingdome of England, and having taken the same into their serious Consideration, doe unanimously and cheerefully receive and embrace it, as agreeing with that Draught approven by the late Convention of Estates and Gennerall Assembly; and therefore Ordeynes the same to be, with all Religious Solempnityes, sworne and subscribed by all His Majesty's Subjects of this Kingdome; and that under the Paine to such as shall postpone or refuse, to be esteemed and punished as Enemies to Religion, His Majesty's Honour, and Peace of their Kingdomes; and to have their Goods and Rents confiscate for the Use of the Publique; and that they shall not bruike or enjoy any Benifitt, Place, or Office, in this Kingdome; and Ordeynes all Sheriffs, Stuarts, and other His Majesty's Majestrats to Burgh and Land, and Committees in the severall Shires, to be assisting to Majestrats and Presbiters, in procuring reall Obedience hereunto; and that with all Dilligence they make Report to the Comittee of Estates, of the Names of all such Persons as shall postpone or refuse, to the Effect Course may be taken with them as aforesaid; and that they may be cited to answer to the next Parliament, as Enemies to Religion, Kinge, and Kingdomes; and to receive what further Punishment His Majesty and Parliament shall inflict upon them: And further Ordeynes theis Presents to be printed with the former Act of the Estates, and published at the Markett Cross of the severall Buroughs of this Kingdome, that none pretend Ignorance thereof.
"Arch. Primrose, Cler. Comiss."
Letter from the King to the Council of Scotland, against a Proclamation lately published there in His Name.
Right Trusty and Well-beloved Cousins and Counsellors, and Trusty and Well-beloved Counsellors, We Greet you well: Whereas We were graciously pleased to condescend that this present Meeting, in Our Native Kingdom of Scot. of Our Nobility there, and the Commissioners for Shires and Burgesses, should resolve and conclude of such particular Affairs as We specified and allowed to them, for the Security and Good of that Our Kingdom, in Our Letters to them dated the 22d of June last; and forasmuch as We have, to Our great Amazement, newly seen a Paper, in Form of a Proclamation, Precept, or Warrant, in Our Royal Names, dated at Edenburgh, 18 Augusti, subscribed,
Per Actum Domin. Conventionis,
Arch. Prymrose, Cler. Conven.
Being a Paper most impudently set forth without Our Privity or any Authority from Us, and tending to cast Our loving People of that Our Native Kingdom into the like or more bloody Combustion and Rebellion, Violation of their Religion, Allegiance to Us, and Laws of that Our-hitherto-peaceful Native Kingdom, as hath been here practised by the malicious Enemies of Peace and Government.
We have, therefore, upon good Deliberation, and out of Our Princely and Gracious Care of Our People and of the Tranquillity of that Our Native Kingdom (as it was so lately and so well settled by Ourself), thought fit to Declare, and We do hereby Declare unto you, That We utterly disallow it; forbidding all Our Subjects to obey the same, and all other Papers published in Our Name, which shall not immediately be warranted by Us; and We do hereby will and command you forthwith openly to publish these Our Letters, to let all Our People understand Our Pleasure herein: And lastly, Our Command is, That you cause these Our Letters to be forthwith recorded in the Book of Our Privy Council of that Our Native Kingdom: For all which, these Our read Letters shall be your sufficient Warrant.
Given at Our Court at Oxford, the 6th of September, in the Nineteenth Year of Our Reign, 1643.
Directed, "To Our Trusty and Right Well-beloved Cousins and Counsellors, and to Our Trusty and Well-beloved Counsellors, the Lords and others of Our Privy Council in Our Kingdom of Scotland."
Letter from the King to the Council of Scotland, against the Covenant.
Right Trusty and Right Well-beloved Cousins and Counsellors, and Trusty and Well-beloved Counsellors, We greet you well: Whereas We have been informed, that the late General Assembly of Our Kirk of Scot. have thought fit Our Subjects there should enter into a mutual League and Covenant with those of Our Two Houses of Our Parliament in England, who are (and for a long Time have been) in actual Rebellion against Us; a Motion We could never have expected would proceed from so grave and pious Persons as that Meeting doth consist of: Therefore We do require you Publicly, by Proclamation, to intimate Our Pleasure, That no such Oath, or Covenant, be pressed upon Our Scottish Subjects, or by them entered into with any Persons, in Name of Our Houses of Parliament, or any other of Our Subjects of England, until We be first acquainted therewith, and approve thereof: And this Our Letter We require you to record, which shall be a sufficient Warrant to all Our good Subjects, not to give Obedience to any Command, under any Pretence from what pretended Power soever, to the contrary hereof. We bid you Farewell.
"Given at Our Court at Evesham, the 14th of September, in the Nineteenth Year of Our Reign, 1643."
Directed on the Back, "To Our Right Trusty and Right Well-beloved Cousins and Counsellors; and to Our Trusty and Well-beloved Counsellors, the Lords and others of Our Privy Council in Our Kingdom of Scotland."
Votes concerning these Matters.
Upon Consideration of all the Particulars of this Message, the House of Commons have made Votes, wherein they desire their Lordships Concurrence:
1. That the Committee for Scottish Affairs do take Care for Dispatch of the Resolutions of the Houses concerning Scotland into that Kingdom, and to prepare Instructions accordingly forthwith.
2. That the Committee of Lords and Commons concerning the Irish Businesses do consider of the Government and Subsistence of the Scottish and English Army in the North of Ireland, and of supplying them with all Necessaries; and to consider of any Thing else that may conduce to that Service, and to make Report with all Speed.
3. That the House of Commons doth approve of Sir Henry Vane's Return from Scotland, in respect of the imminent Necessity; and doth acknowledge it to be an acceptable Service; and that Thanks be given him from the House, for the great Pains taken in this Employment he was sent about.
"4. That Power be given to Sir Wm. Armyn and MrDarly, in the Absence of the other Commissioners, to perform the same Things, as if a greater Number of the Committee were present."
Ordered, That this House agrees with the House of Commons in all these Votes.
Message from the H. C. for applying Part of Justice Berkley's Fine to the Service of the Western Parts;
A Message was brought from the House of Commons, by Mr. Baynton Esquire, and others:
1. To desire their Lordships Resolution, for employing Ten Thousand Pounds, being the Moiety of Mr. Justice Berkly's Fine, for the Supply of the Western Parts; though it be not in ready Money, yet it will be Security whereby they may raise ready Monies.
Agreed to; and the Lord General to have Notice, that this Fine of Justice Berkley's is not in ready Money.
with a Committee's Name for Lancaster;
2. To desire Concurrence for the nominating Mr. Gilbert to be One of the Committees in the County of Lancaster.
and with an Order.
3. To desire Concurrence in an Order for making the now Lord Mayor of London to have Command of The Tower.
Read, and Agreed to with some (fn. 5) Alterations.
The Answer returned to this Message was:
That their Lordships agree to the employing Ten Thousand Pounds, part of Justice Berkley's Fine, to the Use of the Western Parts; and that their Lordships agree in making Mr. Gilb't a Committee in Lanchashire; but touching the Order concerning the Lord Mayor, this House will send an Answer by Messengers of their own.
Archbishop of Canterbury's Petition, for a Solicitor, Papers, &c.
Upon reading the Petition of the Archbishop of Cant. desiring, "That he may have Mr. Wm. Dell assigned to be his Solicitor; and that Mr. George Snath and Mr. Ric'd Cobb may attend him for Business that his Solicitor cannot be able to follow; and that his Papers and Books, which were taken away from him, belonging to his Defence, may be restored to him."
This House took this into Consideration, and Resolved, To send this Petition to the House of Commons, and desire, seeing that the Books and Papers were seized by Order of the Committee for the Safety, they would appoint the Committee that manages the Business against the Archbishop to advise with the House, (fn. 6) and with the Committee of the Safety; and let them know what Papers and Books are fit to be kept, for making good the Evidence against him, that so the rest may be returned to him; and the Lords of the Close Committee are to make Report thereof to this House.
Message to the H. C. with it.
A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Aylett:
To deliver the Petition of the Archbishop of Canterbury to them, and to acquaint them with the Sense of this House concerning it as abovesaid; and to let them know, that their Lordships do agree to the Order for the Lord Mayor of London that now is to have Charge of The Tower, with the Alterations. (Here enter it.)
The Answer returned was:
That the House of Commons agrees in the Alterations; and that they have Ordered the Archbishop shall have Copies of such Papers as were taken from him.
Mr. Stancombe to be inducted to the Living of Monkton.
Upon Information to this House, "That Dr. Causabon is willing to resign the Vicarage of Mouncton, in the Isle of Thanett, to Mr. Stancombe; but, in regard the Parliament hath sequestered the Archbishop of Canterb. from his Ecclesiastical Jurisdiction, he cannot be inducted nor instituted by him:" Hereupon this House Ordered, That, according to the Ordinance of both Houses of Parliament, Sir Nath. Brent, Vicar General, shall receive the Resignation, and institute and induct the said Mr. Stancombe into the said Living.
E. of Stamford complains of Speeches by Mr. Nicholls, a Member of the H. C. against him.
This Day the Earl of Stamford presented to this House a Complaint against Mr. Nicholls, a Member of the House of Commons, concerning some Speeches of Mr. Nicholls, which reflected upon the Reputation of his Lordship, and some Miscarriage of Mr. Nicolls in the West;" and, because the Earl of Stamford is a Peer and Member of this House, and Mr. Nicolls a Member of the House of Commons, this House thought it fit to send down the Papers to the House of Commons, and desire that a Committee of both Houses may examine the Business.
Message from the H. C. with an Order and Ordinance;
A Message was brought from the House of Commons, by Sir Henry Vane Junior, &c.
1. To desire Concurrence in an Order concerning Barwicke.
Agreed to with some few Alterations.
2. To desire Concurrence in an Ordinance for pressing Soldiers in Lanchashire. (Here enter it.)
and that they agree to that for securing 40,000 l. to Mr. Turner & al.
To let their Lordships know, that they agree to the Alterations in the Ordinance to secure Forty Thousand Pounds to Mr. Turner and others, for Provisions sent into Ireland. (Here enter it.)
The Answer returned was:
That their Lordships agree to the Ordinance for pressing Soldiers in Lanchashire; touching the Order concerning Barwicke, their Lordships will send an Answer by Messengers of their own.
Message to the H. C. with an Order about Berwick.
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Dr. Ayliff:
To deliver the Order concerning Barwicke, to which their Lordships agree, with the Alterations.
Mr. Clement Walker's Petition, that the Lieutenant of The Tower refuses to bail him.
Upon reading the Petition of Clem't Walker; complaining, "The Lord Mayor, Lieutenant of The Tower, refuses to bail him, according to the Order of this House:" It is Ordered, That a Copy of the Petition be sent to the Lord Mayor, who is to return the Reasons to this House To-morrow Morning, why he refuses to bail Mr. Walker, according to the Orders of this House.
Spratt submits to the Jurisdiction of the House.
Upon reading the Petition of Steven Spratt, humbly desiring, "That he may be brought before their Lordships once more, and he (fn. 7) will answer to such Questions as shall (fn. 8) be asked him, being sorry that he hath offended the House by his Refusal:" Hereupon this House Ordered, he shall be brought To-morrow Morning to this House.
Ordinance to secure 40,000 l. to Turner & al. for Commodities sent to Ireland.
"Whereas there is due unto Richard Turner the Elder, Richard Turner the Younger, Maurice Gethin, Tempest Milner, and William Hawkins, the Sum of Fourteen Thousand Eight Hundred Fifty-four Pounds, Three Shillings, and Four Pence, as appears by an Ordinance of Parliament of the 14th of January last; as also there is due, unto the said Richard Turner the Elder, Richard Turner the Younger, Maurice Gethin, Tempest Milner, and Richard Wollaston, the Sum of Twentyseven Thousand One Hundred and Ninety-seven Pounds, Fifteen Shillings, and Four Pence, mentioned and appearing by a like Ordinance of the 10th of September 1642, both which Sums, amounting to Fortytwo Thousand Fifty-one Pounds, Eighteen Shillings, and Eight Pence, were for cloathing of divers Commanders, Officers, and common Soldiers, in the Kingdom of Ireland; towards the Discharge of which Sums, an Order hath passed, for the Payment of Two Thousand Pounds in Guildhall, so as the remaining Sum due upon Accompt is Forty Thousand and Fifty-one Pounds, Eighteen Shillings, Eight Pence: The Lords and Commons in Parliament assembled, taking the same into their Consideration, do, for the said Parties necessary Indemnity and Satisfaction, think fit to Ordain and Declare, and be it Ordained and Declared by the said Lords and Commons, That the said Richard Turner the Elder, Richard Turner the Younger, Maurice Gethin, Tempest Milner, William Hawkins, and Richard Wollaston, or any One of them, assisted with One of the Committee of Sequestrations, shall have Power and Authority to procure to be inventoried and secured, to be forthwith coming, any Money, Plate, Jewels, Goods, Chattels, Debts, and Personal Estates, in the Custody of, or belonging to, any Papists, Delinquents, or Malignants, whose Estates are seizable, and to be disposed, by the Description, Tenor, or true Meaning, of any of the late Ordinances made for Sequestration of Delinquents Estates, and which have not been formerly seized, but only by their Means shall be discovered; and of the said Money, Plate, Jewels, Goods, Chattels, and Personal Estate, so inventoried and secured, to inform the Committee of Sequestrations of such City or County where such Goods shall be so inventoried and secured; which said Sequestrators, or any Four of them, after Proof of the Delinquency made before them (which is to be made as in and by the Ordinance of Sequestrations 31 March last now printed, and the 19th of August 1643 likewise printed), shall cause the said Money, Plate, Jewels, Goods, Chattels, and Personal Estate, to be seized and valued, and certified to the Committee of Lords and Commons for Sequestrations; and, after Allowance had from them for Sale thereof, or any Part thereof, to sell and dispose of the same, or such Part thereof as the said Committee of Lords and Commons shall allow of or appoint to be sold; and the Proceed of the same shall receive, and send up to the Treasurers of Sequestrations, together with a Certificate under their Hands that the Money sent up do belong to the said Richard Turner the Elder, Richard Turner the Younger, Maurice Getbin, Tempest Milner, William Hawkins, and Richard Wollaston, within the Intent of this Ordinance; and the said Treasurers are hereby required and authorized forthwith to pay unto the said Richard Turner the Elder, Richard Turner the Younger, Maurice Gethin, Tempest Milner, William Hawkins, and Richard Wollaston, the Money so paid in, for and towards the Satisfaction of the said Sum of Forty Thousand and Fifty-one Pounds, Eighteen Shillings, Eight Pence, beforementioned, to them due and owing, until the same shall be paid, together with Consideration for the same, from such Time as by the said Ordinance is declared to be due unto them, at the Rate of Eight Pounds per Cent. and with such Allowances as are hereby allowed to the Agents employed for Discovery of the said concealed Estates: And it is Declared, Provided, and Ordained, That the said Richard Turner the Elder, Richard Turner the Younger, Marice Gethin, Tempest Milner, William Hawkins, and Richard Wollaston, or any One of them, shall and may, from Time to Time, contract with such as shall make Discovery of any such concealed Estate as aforesaid, and them satisfy for their Service therein; which shall be allowed to them the said Richard Turner the Elder, Richard Turner the Younger, Maurice Gethin, Tempest Milner, William Hawkins, and Richard Wollaston, by the said Treasurers, upon a due Accompt thereof to be made, so as such Allowances exceed not Ten Pounds per Centum: And, for the more speedy and effectual inventorying, securing, seizing, and obtaining Possessions, of all such Monies, Plate, Goods, and Estates, so to be discovered, it is further Ordained, That the said Richard Turner the Elder, Richard Turner the Younger, Maurice Getbin, Tempest Milner, Wm. Hawkins, and Richard Wollaston, or any One of them, assisted (fn. 9) by One or more Sequestrators, shall have such Power and Authority, for opening of Locks, Bolts, Bars, Doors, Walls, and other Strength whatsoever, where, upon credible Information, such concealed Estates may be conceived to be; and such Aid and Assistance of the Chief Officers, Trained Bands, Voluntiers, and other Officers of the Place respectively, and of other Person and Persons dwelling in or near the Place, to compel Obedience to the Ordinance, as oft as Need shall require, in like Manner as by the former Ordinances of Sequestrations is in like Behalf granted: And it is lastly Ordained and Declared, That all and every Person and Persons, who shall be employed in this Service, and shall do any Thing in Pursuance of this Ordinance, shall be warranted, and have the Protection of both Houses of Parliament, for their Indemnity and Saving harmless therein."
Ordinance for pressing Soldiers in Lancashire.
"Whereas, by an Ordinance of the Lords and Commons in Parliament, for impresting of Soldiers, the Deputy Lieutenants and Committees of Parliament in every County or Place within this Realm, or any Two or more of them, in their several Limits and Jurisdictions, are authorized from Time to Time, until other Order be taken by both Houses of Parliament, to raise, levy, and imprest, such Number of Soldiers, Chirurgeons, and Gunners, for the Defence of the King, Parliament, and Kingdom, as shall be appointed by both Houses of Parliament, or by the Lord General: It is now Ordered and Ordained, by the said Lords and Commons in Parliament, That Three Thousand Soldiers, with so many Gunners, Trumpeters, and Chirurgeons, as the Committee of Parliament now resident in the County of Lancaster, or any Five of them, shall think fit, shall be forthwith raised and imprested within the said County, for the Defence of the King, Parliament, and Kingdom, according to the several Proportions to be set upon the said County by the said Committee, or any Five of them; and the Deputy Lieutenants and Committee of Parliament of the said County, or any Two of them, are hereby authorized and required forthwith to raise the said Number of Soldiers, together with the said Gunners, Trumpeters, and Chirurgeons, or so many of them as the said Committee of Parliament shall think fit, within the said County, according to the Proportions set, or to be set, upon the said County, by the said Committee, or any Five of them: And it is lastly Ordered and Ordained, That the said Committee of Parliament, or any Five of them, shall have Power, by virtue of this Ordinance, to do every Thing, for the providing of Monies, and all Manner of Necessaries, for the Accommodation and Support of the Forces raised, or to be raised, within the said County, at the Charge of the said County, indifferently to be rated, as the emergent Necessity of the Service shall from Time to Time require."
Pennington, Lord Mayor, to be Lieutenant of The Tower of London.
(fn. 10) "It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Isaack Pennington, now Lord Mayor of the City of London, shall, in the Absence of the Lieutenant of The Tower, execute the Office of Lieutenant of The Tower in as full and ample Manner as the Lieutenant himself might do, until both Houses of Parliament shall Order to the contrary."
(fn. 11) "An Ordinance of the Lords and Commons assembled in Parliament, for the raising of Sixty-six Thousand Six Hundred and Sixty six Pounds, Thirteen Shillings, and Four Pence, by Way of Loan, for the better enabling of our Brethren of Scotland for our Assistance and Defence, in this common Cause of our Religion and Liberty.
Ordinance for raising 66,666 l. 13s. 4d. for bringing in the Scots to the Assistance of the Two Houses.
Whereas the Lords and Commons assembled in Parliament, for the better resisting and suppressing the Malice of the common Enemies of our Religion, Laws, and Liberties, and for the speedier settling of a blessed Peace, have held it necessary to desire the Assistance of our Brethren of Scotland in this War, who, by certain Articles or Propositions sent unto both Houses, have declared their Willingness herein; and, for the better enabling them thereunto, have desired the Advance of a competent Sum of Money from us; and whereas, for the procuring thereof, the Houses have made a Committee of the Parliament and City of London, to procure, by Loan or otherwise, the said Sums of Money, and have passed an Ordinance of Parliament for securing the Re-payment of those Monies to the Persons that should lend the same; and although divers well-affected Persons, both before and sithence the publishing of the Ordinance, have lent, and subscribed to lend, divers Sums of Money, yet very many of the most able and wealthiest Persons, in such Places where the said Loan hath been propounded, have refused to lend any competent Sums of Money for this Purpose, notwithstanding the Security tendered for the Monies desired to be borrowed of them is such as cannot in Reason be excepted against; so that it may be justly seared, that the whole Sums of Money, which we have promised to pay unto our Brethren of Scotland, will not be raised by free and voluntary Loans: Wherefore we the Lords and Commons, considering the dangerous Estate and Condition of the Kingdoms of England and Ireland, and the great Advantage and Assurance that, through God's Blessing, we may in all human Probability expect from the Assistance of our Brethren of Scotland; and holding it just, and most reasonable, that those who are to receive equal Benefit by their Assistance should likewise equally contribute thereunto; do hereby Order, Ordain, and Declare, That Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, Four Pence, Part of the Sum agreed to be paid to our Brethren of Scotland by the beforementioned Articles or Propositions, shall with all convenient Speed be raised, by Way of Loan, upon such able and wealthy Persons as have not already, nor shall hereafter, voluntarily, and proportionably to their Estates and Abilities, lend any Sums of Money for the Purposes aforesaid, and according to the true Intent of the said Ordinance of the Lords and Commons, published the 16th Day of this Instant October; the said Sum to be raised within the Cities, Towns, Counties, and Places, and according to the Proportions, hereafter mentioned and expressed; that is to say, within the Cities of London, Westminster, and Places adjacent within the Bills of Mortality, the Sum of Twenty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence; the County of Hertford, Three Thousand Pounds; the County of Bedford, Two Thousand Pounds; the Residue of the County of Middledlesex, One Thousand Pounds; the County of Essex, Five Thousand Pounds; the County of Suffolke Five Thousand Pounds; the County of Norfolke, with the City and County of the City of Norwich, Six Thousand Pounds; the County of Kent, with the City and County of the City of Canterbury, Six Thousand Pounds; the Residue of the County of Surrey, One Thousand Five Hundred Pounds; the County of Sussex, Four Thousand Five Hundred Pounds; the County of Cambridge, with the Isle of Ely, Two Thousand Pounds; the County of Huntington, One Thousand Pounds; the County of Northampton, Two Thousand Five Hundred Pounds; the County of Rutland, Five Hundred Pounds.
And it is further Ordered, Ordained, and Declared, That no Person, within any the Cities, Towns, Counties, or Places aforesaid, shall be forced to lend any of the said Sums, unless his Ability and Means of Livelihood, in Lands, Leases, Money, and other Personal Estate, exceed the Sum of One Thousand Pounds of lawful English Money: And, for the equal cessing and apportioning the said Sum of Twenty-six Thousand Pounds within the Cities of London and Westminster, and other Places adjacent within the Bills of Mortality, it is hereby further Ordered, Ordained, and Declared, That whereas the said Committee of the Parliament and City of London, appointed for the raising of the said Sums of Money for our Brethren of Scotland, have heretofore, within those Precincts, appointed the Minister, the Churchwardens, and a certain Number of other Persons within each Parish, to call before them the Parishioners, and to receive their voluntary Loans, whereby they have the better informed themselves of the Willingness or Backwardness, and likewise of the Abilities, of the several Persons within those Precincts, that the said Ministers, Churchwardens, and Persons, or others as by the said Committee shall be thereunto appointed, shall rate and cess the said several Parishes, who are hereby required so to demean themselves in this Service, as that the greatest Loan be set upon the most able and rich Men, and who have not, either upon this or the like Occasions of Money, heretofore manifested their good Affections to the Public; and, that the said Ministers, Churchwardens, and other Persons, may the better know what Proportions of Money, in Reference to the whole Sum, will be fit to be set upon each Person within the Parishes, Power is hereby given to the said Committee of the Parliament and City of London, calling unto them all or some of the Persons aforesaid, to distribute and proportion so much of the said Sum of Twenty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence, upon each particular Parish, as shall be reasonable: And, for the cessing and setting of the beforementioned Sums to be borrowed, in each of the said other Cities, Great Towns, Counties, and Places, upon each particular Person, it is further Ordered, Ordained, and Declared, That the said Committee of the Parliament and City of London shall have Power to nominate, in each County, City, or Great Town, Three or more Persons of Rank and Integrity, which Persons so named shall have Power to nominate and appoint Two or more Persons, within each Hundred, City, or Great Town respectively; which Persons so last nominated shall return unto the other Persons to be named by the said Committee the Names of all such Persons, within the respective Hundreds, Cities, and Great Towns, whose Ability and Means of Livelihood, in Lands, Monies, and other Personal Estate, shall exceed the beforementioned Sum of One Thousand Pounds of lawful English Money, and shall not have voluntarily lent any Sum of Money, to the Purpose of this and the beforementioned Ordinance, proportionable to his Estate; and, after such Returns, the Persons to be named by the said Committee, by and with the Assistance of the said other Persons that shall make such Return, shall assess and rate the several Inhabitants, within the said Hundreds, Cities, and Great Towns, who are hereby likewise required so to demean themselves in this Service, as that the greatest Loan be set upon the most able and richest Men, and who have not, either upon this or the like Occasions of Money heretofore, manifested their good Affections to the Public: And it is hereby further Ordered, Ordained, and Declared, That the Persons appointed, and to be appointed, within the Cities of London, Westminster, and other the Places adjacent, within the Precincts of the Bills of Mortality, for the setting of the Proportions of the said Loans upon the particular Persons there, shall return the Names of the Persons within their several Parishes, and the Sums so set upon them, unto the said Committee, within Three Days after the Delivery of the said Ordinances unto them respectively; and the Persons to be nominated by the said Committee, within the Cities, Great Towns, Hundreds, and other Places, in the Counties of Kent, Surry, Middelsex, Essex, and Hartford, shall return the Names of the Persons, within their several Cities, Great Towns, and Hundreds, and the Sums set upon them, unto the said Committee, within Twelve Days after the Delivery of the said Ordinances unto them respectively; and the Persons to be nominated by the said Committee, within the other Cities, Great Towns, Counties, and other Places herein mentioned, shall make the like Returns at such Times as by the said Committee of the Parliament and City of London shall be directed.
"And the Persons hereby appointed to cess and set the Loans of Money, upon the particular Persons within the Cities of London and Westminster and Parts adjacent, within the Precincts of the Bills of Mortality, and likewise within the other Cities, Great Towns, and Counties, are hereby required, immediately after the setting of the said Loans, to send Tickets unto all the Persons upon whom the same shall be set, thereby to give them Notice of the Sums set upon them; and of the Persons and Places where, and to whom, the said Sums of Money are to be paid; and, in Case any Person upon whom any Sum of Money shall be set, shall not, within Eight Days after the leaving of the said Ticket at the Place of his or her usual Abode, or other Notice, pay the same accordingly, then the Persons so failing shall, after the said Eight Days, for every Day the same shall be unpaid, forfeit and pay so much Money as the Twentieth Part of the Sums so assessed upon him shall amount unto: And it is fuither Ordered, Ordained, and Declared, That the respective Persons appointed, and to be appointed, to set the said Sums, in the several Parishes, within the Cities of London and Westminster and Parts adjacent within the Bills of Mortality, or any Two of them, and the respective Persons appointed to set the same within the other Cities, Great Towns, and Counties, or any Two of them respectively, are hereby authorized to make and constitute Collectors, within the respective Parishes, Cities, Great Towns, and Hundreds, in such Number as shall be most convenient; who shall have Power to levy such Sums and Forfeitures, by Distress and Sale of the Goods and Chattels of the Persons that shall not pay the Sums set upon them, to the Persons, and in the Manner, in this Ordinance expressed, wheresoever the Goods and Chattels of such Persons shall be or remain, within the Realm of England; and, in Case of Refusal, shall, in the Day-time, have Power to break open the Houses of such Persons; and, for their Pains and Travail in the said Collections, shall have Two Shillings in the Pound of every Sum for which any Distress shall be made, to be paid out of the Goods and Chattels of the Party distrained; and, in Case of wilful Refusal, to pay the Sums that shall be so set, or, for Want of sufficient Distress, the Bodies of such Persons shall be committed to Prison, there to remain until the Sums so set upon them, and the said Forfeitures, shall be fully paid; and, for the better effecting thereof, within the Cities of London and Westminster and the Parts adjacent within the Bills of Mortality, the respective Collectors shall make Return of the Names of such Persons unto the said Committee of the Parliament and City of London, who thereupon shall have Power to commit such Persons to Prison; and, within the other Cities, Great Towns, and Counties, their respective Collectors shall make Return of the Names of such Persons unto the respective Persons nominated by the said Committee, or any Two of them, in their respective Cities, Great Towns, and Counties, who thereupon shall have like Power to commit such Persons to Prison.
"And the Lords and Commons do further Declare, That, notwithstanding this present Ordinance for compelling the most able and rich Men (who, upon this or the like Occasions of Money, have not so fully manifested their Affections to the Public) to lend the said Sum of Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence, Part of the Money agreed to be paid to our Brethren of Scotland, their Intent is, That the said Committee of the Parliament and City of London, according to the true Intent of the beforementioned Ordinance of the 16th of this present October, shall still proceed and endeavour to advance the Service of raising the Residue of the said Sum, by voluntary Loans and Contributions: And, for the further Encouragement of such Persons as have or shall voluntarily lend any Sums of Money to that Purpose, without being compelled thereunto by virtue of this present Ordinance, it is hereby Ordered, Ordained, and Declared, That all such Sum and Sums of Money as shall be so willingly lent, by any Person or Persons whatsoever, shall be first paid; and that no Part of the Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence, to be raised by virtue of this Ordinance, by the Loan of any Persons who shall be cessed thereunto, shall be paid until such Time as the other Persons shall be fully satisfied and paid; and, that the Security tendered to such as shall lend those Monies, and the Manner of Repayment thereof may be the better known, the said Ordinance of the 16th of this present October is herewith to be printed: And it is hereby Declared, That, after the Payment of the said Sums of Money, voluntarily lent, and to be lent, as aforesaid, the Security in the said Ordinance mentioned shall be extended and continue, for the Repayment of the Sixty-six Thousand, Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence, to be lent upon this present Ordinance, in such Manner as in the said Ordinance is mentioned, for and in Behalf of the Sums of Money that shall be borrowed, according to the Intent of the said Ordinance: And it is further Ordered, That the Sums of Money to be lent upon this present Ordinance, within the Cities of London and Westminster and Places within the Bills of Mortality, shall be paid to Richard Waring and Michael Herring, of London, appointed to be Treasurers by the beforementioned Ordinance, in such Manner, and upon such Acquittances, as therein are mentioned; who thereupon are likewise to receive the same Allowances as in the said Ordinance is expressed; and that the Sums of Money to be lent upon this present Ordinance, in other the Cities, Great Towns, and Places, shall be paid unto such Persons, and in such Places, as the Persons named by the said Committee of Parliament and City of London shall be appointed; and that any Writing under the Hands of any such Persons, testifying the Receipt of any such Sums of Money as shall be lent by virtue of this Ordinance, shall sufficiently enable the Persons that shall lend such Sums to demand and receive the same: And, for the Encouragement of such Persons as shall be employed in carrying the said Ordinances and Tickets, and receiving of the Money to be lent, or otherwise in the Execution of the said Ordinances, the Committee of Parliament and City of London are hereby authorized to make such Allowances and Satisfaction unto them, for their Pains to be sustained therein, as shall be meet; and, for the more speedy and effectual Execution of the said Ordinances, the said Committee are hereby authorized and required to take Care of the Execution of them, and to give such Orders and Directions to that Purpose, and for the equal and indifferent Proceedings therein, to the respective Persons that shall be employed therein, as may render them most effectual to those Ends for which they were made; and of their Proceedings therein the Houses are Resolved to take a strict Account.
"Provided, That no Member of either House of Parliament be assessed by this Ordinance, but by the respective Houses whereof they are Members."
"Die Veneris, 27 Octob. 1643.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Ordinance, intituled, "An Ordinance of the Lords and Commons, for the raising of Sixty-six Thousand Six Hundred Sixty-six Pounds, Thirteen Shillings, and Four Pence, by Way of Loan, for the better enabling of our Brethren of Scotland for our Assistance and Defence in this common Cause of our Religion and Liberty," shall be forthwith printed and published.
"H. Elsynge, Cler. Parl. D. Com."
House adjourned till decima, cras.