House of Lords Journal Volume 6: 27 February 1644

DIE Martis, videlicet, 27 die Februarii.

PRAYERS, by Dr. Smith.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Message from the H. C. to expedite the Oath of Secrecy.

A Message was brought from the House of Commons, by Sir Peter Wenthworth:

To desire that their Lordships would please to give Expedition to the Oath of Secrecy to be given to the Committees of both Kingdoms, it being a Thing that concerns the Safety of the Kingdom.

The Answer returned was:

Answer.

That this House will be ready to concur with the House of Commons in any Thing that concerns the Safety of the Kingdom; but as touching the Oath of Secrecy, this House hath Resolved already the Negative.

Message from the H. C. with Orders.

A Message was brought (fn. 1) from the House of Commons, by Mr. Greene and others,

To desire their Lordships Concurrence in divers Orders:

1. An Order concerning the Taking of Reprisals.

2. An Ordinance giving Power to the Lord Fairefaix and Sir Thomas Fairefaix to levy and press Soldiers, &c. for the Defence of the Kingdom.

3. An Order to give Power to the Lord Fairefaix to displace scandalous Ministers in the County of Yorke, and put able Ministers into their Places. (Here enter it.)

Read Thrice, and Agreed to.

The Answer returned was:

Answer.

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

Message to the H. C. about Sir John Conyers's Leave to stay in Holland;

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

To deliver to them Sir John Conyer's Petition, Lieutenant of The Tower; and to let them know, that this House hath given him Leave to stay in Holland until Midsummer next; and to desire their Concurrence herein.

and to expedite L. Howard's Ordinance.

2. To desire them to give Expedition to the Ordinance concerning the Lord Howard, formerly sent down to them.

Ordinance for Reprisals.

The Ordinance concerning the taking of Reprisals was read Twice, and Ordered to be committed to these Lords following, who are to report their Opinions thereof to this House:

Any Three, to meet when they please; and (fn. 2) they withdrew presently.

Covenant to be tendered to the E. of Monmouth.

Ordered, That the Earls of Rutland and Bolingbrooke shall tender the late Covenant to the Earl of Monmouth.

Letter from the Elector Palatine.

The Speaker acquainted this House, "That he hath received a Letter from the Prince Elector;" which was read.

And this House Resolved, To communicate it to the House of Commons, at a Conference; and afterwards to communicate it to the Scotts Commissioners.

Ordinance for Reprisals.

The Lord Admiral reported, "That the Committee hath considered of the Ordinance (fn. 3) for Reprisals; and they think it fit to pass, with the adding the Name of Andrew Burrell." Which said Ordinance was read the Third Time, and Agreed to. (Here enter it.)

Ordinance for Lord Fairfax to press Soldiers.

Next, the Ordinance concerning giving Power to the Lord Fairefaix for to press Soldiers, for the Defence of the King and Kingdom, was read the Third Time, and Agreed to, with the adding of the Name Andrew Burrell.

Message to the H. C. that the Lords agree to it; and for removing scandalous Ministers; and for Reprisals.

A Message was sent to the House of Commons, by Sir Edward and Mr. Page:

To let them know, that this House agrees to the Ordinance giving Power to the Lord Fairefaix to press Soldiers; and likewise to the Ordinance to give the Lord Fairefaix Power to remove scandalous Ministers, and place others in their Places; and to the Ordinance concerning the Taking of Reprisals, this House agrees to it with the adding of Andrew Burrell.

Jennings and Sir Thomas Dawes.

Next, this House heard the Cause between Mr. Jennyns and Sir Thomas Dawes, concerning Five Bonds, whether they be in Trust or not.

Sir Tho. Dawes Answer was read, being to this Effect, That the Bonds were for Money lent, and not in Trust." (Here enter it.)

And it being objected by the Counsel of Sir Thomas Dawes, "That Mr. Jennyns is not concerned in these Bonds, and Mr. Latch doth not appear, and is made no Party to it; but this House taking into Consideration that Mr. Jennyns, Prosecutor in Behalf of Mr. Latch, was, by the Decree of this House, to have the Benefit of the Bond of One Hundred Thousand Pounds on Behalf of Mr. Latch, of which Bond there can be no (fn. 4) Fruit, because of the Bonds now in Question, which stands as an Impediment;" this House overruled the said Objection, and Ordered, To hear Counsel on both Sides on Saturday next, whether the Bonds in the Hands of the Clerk of the Parliament be real Bonds, or in Trust; and Sir Tho. Dawes to have Copies of such Writings as they shall desire of Mr. Jennyns concerning this Business.

E. of Monmouth took the Covenant.

The Earls of Rutland and Bolingbrooke reported to this House, "That the Earl of Monmouth hath taken and subscribed the late Covenant; and that the Earl of Midd. is desired to take the Covenant:" And this House Ordered, That the said Earls of Bolingbrooke and Rutland shall tender the Covenant to him.

Answers from the H. C.

Sir Rob't Rich and Mr. Page return with this Answer:

That the House of Commons do agree for granting Leave to the Lieutenant of The Tower, Sir John Conyers, to be absent from his Charge until Midsummer next.

Touching the Ordinance concerning the Lord Howard, they will send an Answer, by Messengers of their own, in convenient Time.

Sir Edward Leech, &c. returned with this Answer from the House of Commons:

That they agree to the Ordinance for taking of Ships, with the adding the Name of Andrew Burrell.

(Here enter it.)

Commission for the Master of the Rolls & al. to fit in Chancery.

Next, the Lord Viscount Say & Seale reported, "That the Committee have considered of the Commission to the Master of the Rolls and others to sit in Chancery; and they find it agreeable to former Commissions, and think it fit to pass, with leaving out Two Names:" Which was read, and approved of by this House accordingly; and Ordered to be sent down to the House of Commons, on Thursday Morning next.

Ordinance for L. Fairfax to remove scandalous Ministers in Yorkshire.

"The Lords and Commons assembled in Parliament, being credibly informed that many Ministers in the County of Yorke are not only of scandalous Life and Conversation, but, leaving their Charges and Cures, have withdrawn themselves wilfully from the same, and have joined with such Forces as are raised against the Parliament and Kingdom (thereby giving evil Example to the People under their Charge), and have aided and assisted the said Forces with Men, Money, Horses, or Arms: The said Lords and Commons, taking the Premises into Consideration, have Ordained and authorized, and do hereby Ordain and authorize, the Right Honourable Ferdinando Lord Fairefax to nominate, appoint, and place, such able, learned, and godly Divines as he shall think fit, unto all such Churches and Places in the said County of Yorke, as are or shall be void or destitute of Ministers, by their withdrawing themselves to the Forces raised against the Parliament, or are or shall be sequestered by virtue of any Ordinance or Order of Parliament; and shall and may cause the said Ministers, so nominated, appointed, and placed, to be put into Possession accordingly; which said Ministers respectively shall and may receive, perceive, and take to their own Use, the Profits and Revenues belonging to their Churches and Cures, in as large and ample Manner as the Ministers thereof have formerly used to do."

Ordinance for L. Fairfax to press Soldiers in Yorkshire.

"Forasmuch as the Northern Parts of this Kingdom have been, and are, cruelly wasted, plundered, and spoiled, and the well-affected Subjects thereof murthered or imprisoned, by the Forces under the Command of the Earl of Newcastle, and of those that command under him, the Calamities of those Northern Counties being lately increased, and are still likely to increase, by the daily Access of Forces from Ireland, and the tyrannous Execution of illegal Commissions of Array, the Remedy and Prevention whereof most probably (by God's Assistance) will be by raising suddenly a considerable Power and Forces: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That the Deputy Lieutenants and Committees of Parliament, or any Two or more of them, within their several Limits and Jurisdictions, in the several Counties and Places under the Command of the Right Honourable Ferdinando Lord Fairfax, by virtue of an Ordinance of both Houses of Parliament; of the of November 1642, and of the Lord General his Excellency's Commission, shall and are hereby authorized, from Time to Time, until other Order be taken by both Houses of Parliament; to raise, levy, and imprest, such Number of Soldiers, Gunners, and Chirurgeons, for the Defence of the King, Kingdom, and Parliament, as shall be appointed by the said Lord Fairefax, or Sir Thomas Fairefax his Son, by Warrant under the Hand and Seal of either of them respectively; and to command all Constables and other Officers to be aiding and assisting unto them in the said Service of Impresting; all which Persons so to be imprested, and every of them, shall have such Imprest-money, Coat, and Conduct-money, Wages, and Entertainment, and other necessary Charges and Allowances, as shall be fit and convenient, according to the Discretion of the Committees and Deputy Lieutenants, or any Two or more of them respectively; and if any Person or Persons shall wilfully refuse so to be imprested for the said Service, that then it shall and may be lawful to and for the said Persons authorized as aforesaid to commit them to Prison, until they shall yield Obedience, or pay the Sum of Ten Pounds to the said Committees or Deputy Lieutenants, to be employed for the Supply of the said Service.

"Provided always, That this Ordinance shall not extend to the pressing of any Clergyman, Scholar, or Student, in any the Universities, Inns of Court or Chancery, or Houses of Law, or any the Trained Bands; or of any Person rated in the last Subsidies granted by the Parliament, or the Son of any Person rated at Five Pounds Goods, or Three Pounds Lands, in the Subsidy-books; or of any Person of the Rank or Degree of an Esquire or upwards, or the Son of any such Person, or the Son of the Widow of any such Person; or to the pressing of any Person under the Age of Eighteen Years, or above the Age of Fifty; or of the Members or Officers of either House of Parliament, or of the menial Servants of the Members or Officers of either of the said Houses, or any the Assistants of the Lords House, or any of their menial Servants; or of any Mariner, Seaman, or Fisherman."

Commission for the Master of the Rolls & al. to sit in Chancery.

"Rex &c. Dilecto & Fidelinostro Gulielmo Lenthall Armigero, Magistro Rotulorum Curiæ Cancellariæ nostræ, ac Prolocutori Domus Communis, in Parliamento nostro apud Westm. in Comitatu Midd. tento, modo assemblato, ac Dilectis & Fidelibus nostris Thomæ Trevor Militi, uni Baronum Scaccarii nostri, Edmundo Reve Militi, uni Justiciariorum nostrorum de Banco, & Francisco Bacon Armigero, uni Justiciariorum nostrorum ad Placita coram Nobis tenenda assignati, necnon Dilectis & Fidelibus nostris Roberto Rich Militi, Ed'ro Leech Militi, Joh'i Page Armigero, Thomæ Eden, Thomæ Bennitt, Rob'to Aylett, Thomæ Heath & Justiniano Lewen, Legum Doctoribus, Magistris Curiæ Cancellariæ nostræ prædictæ, Salutem: Quia Præhonorabiles & Prædilecti Consanguinei nostri Henricus Comes Kanc. et Oliverus Comes Bullingbrooke, ac Dilecti et Fideles nostri Oliverus St. John Armiger, Solicitator noster Generalis, Joh'es Wyld Serviens ad Legem, Samuell Browne Armiger, et Edmundus Prideaux Armiger (Commissionarii nostri Auctoritate Parliamenti nostri prædicti constituti, ad Magnum Sigillum Angl. (inter alia)custodiendum & disponendum) arduis Negotiis Regni nostri Angl. continue intendentes, in eisdem adeo versantur, quod attendere non possunt ea quæ in Causis Materiis inter diversos Ligeos & Subditos nostros, ac alios, in prædicta Curia Cancellariæ nostræ pendentes, agenda, tractanda, audienda, expedienda, excutienda, et terminanda funt, & fieri debent; Nos, præmissa considerantes, volentesque omnibus et singulis Ligeis nostris, ac aliis, quascunque Materias in eadem Curia Cancellariæ nostræ prosequendas five prosecuturas plenam et celerem Justiciam exhiberi, tam in Absentia quam in Præsentia prædictorum Commissionariorum pro Magno Sigillo prædicto; ac de Fidelitate et provido Circumspectionibus vestris in hac Parte plurimum confidentes, de Avisamento Parliamenti nostri prædicti assignavimus vos, ac Tenore præsentium damus vobis, tribus vel pluribus vestrum (quorum præfatum Gulielmum Lenthall, Thomam Trevor, Edmundum Reve, aut Franciscum Bacon, unum esse volumus) in Absentia dictorum Commissionariorum pro Magno Sigillo prædicto, plenam Potestatem & Auctoritatem audiendum & examinandum quascunque Materias, Causas, et Petitiones, coram vobis in dicta Cancellaria nostra, inter quoscunque Ligeos & Subditos nostros, aut alios quoscunque, nunc pendentes, aut imposterum exhibendas et pendendas, & easdem Materias, Causas, & Petitiones juxta summas Discretiones vestras, trium vel plurium vestrum, ut prædictum est, finaliter terminandum, & debite Executione demandandum; Partesque in Materiis, Causis, seu Petitionibus illis nominatas ac specificatas, ac Testes et alios quoscunque quos vobis tribus, vel pluribus vestrum, ut prædictum est, fore videbitur evocandum, quoties expediri videritis, coram vobis tribus, vel pluribus vestrum, evocandum, ac ipsos et eorum quemlibet debite examinari compellendum, Diesque productorios imponendum & assignandum Processusque quoscunque in ea Parte necessarios concedendum & fieri faciendum, Contemptus etiam quoscunque commissos five perpetratos debite castigandum & puniendum, cæteraque omnia et singula saciendum & exequendum quæ circa præmissa necessaria fuerunt, seu quomodolibet oportuna; et ideo vobis mandamus, quod circa præmissa diligenter intendatis, ac ea faciatis et exequamini cum Effectu: Mandamus etiam, Tenore præsentium, omnibus et singulis Officiariis et Ministris Curiæ nostræ Cancellariæ prædictæ, quod vobis, tribus vel pluribus vestrum, ut prædictum est, in Executione præmissorum diligenter intendant prout decet: Volumus etiam, & per præsentes concedimus, quod omnia & singula Judicia five finalia Decreta, ac Ordines, per vos, tres aut plures vestrum, ut prædictum est, super hujusmodi Causis five Materiis ac Petitionibus ut præfertur, reddenda five fienda sint & esse debeant, tanti & consimilis, Valoris, Effectus Efficiatiæ, Roboris & Virtutis, ac si per prædictos Commissionarios pro Magno Sigillo prædicto, ut prefertur, constitutos, aut per tres eorum, prout per Ordinationem Parliamenti nostri prædicti in ea Parte habitam et provisam designantur, et in Curia Cancellariæ prædictæ reddita five reddenda forent; proviso tamen quod omnia et singula hujusmodi Judicia five finalia Decreta per vos, tres vel plures vestrum, ut prædictum est, virtute præsentium, Modo et Forma prædictis, reddenda five fienda, Manibus vestris, trium vel plurium vestrum (quorum præsatum Gulielmum Lenthall, Thomam Trevor, Edmundum Reve, aut Franciscum Bacon, unum esse volumus) subscribantur et consignentur; et superinde eadem Judicia five finalia Decreta præfatis Commissionariis pro Magno Sigillo prædicto, tribus vel pluribus eorum, ut prædictum est, præsententur et liberentur; quodque nulla eorundem Judiciorum five finalium Decretorum irrotulentur aut quovis Modo executa sint, antequam iidem Commissionarii pro Magno Sigillo prædicto, aut tres vel plures eorum, ut prædictum est, ea Manibus suis propriis similiter consignent: Et quod hæ Literæ nostræ Patentes durabunt et permanebunt in plenis Robore et Effectu donec aliter per alias Literas nostras Patentes huic Commissioni supersederi mandatur, aut per prædictos Commissionarios pro Magno Sigillo prædicto, tres vel plures eorum, ut prædictum est, in plena Curia determinari decretum et irrotulatum erit.

"In cujus Rei, &c. Teste, &c."

Prince Elector's Letter to the Speaker.

"My Lord,

"The pious, loyal, and grievous Professions of both Houses of Parliament, for the Establishment of the true Protestant Religion, the King's Honour and Happiness, and the Peace and Safety of His Dominions, being lately confirmed by the Covenant taken jointly with the Estates of Scotland do give me Occasion to desire your Favour, in representing on my Behalf to the Honourable House of Peers the joyful Concurrence of my hearty Wishes to the same Effect; beseeching them, that, when they shall have obtained it, they will be pleased to consider my Public Interests with that Favour as they have formerly declared in my Behalf, whereby they will oblige me still to endeavour all Means of Gratitude and Service towards them; not doubting but the Estates of Scotland will, according to my Request upon this Occasion, and their former Promise, willingly join with the Parliament of England therein; and I shall acknowledge towards your Particular the good Offices you will be pleased to do me in this Business, with no less desire to prove myself

Hage, the 12 / 22 of February, 1644.

"Your Lordship's
Most affectionate Friend to serve you,
Charles Lodovic.

"For my Lord Grey of Warke, Speaker of the House of Peers."

"An Ordinance for the selling and disposing of all Ships and Goods taken by Reprisal, and belonging to the State.

Ordinance for Reprisals.

"Forasmuch as divers Ships and Goods, heretofore taken and surprized by the Ships employed in the immediate Service of the King and Parliament, have been, by definitive Sentence in the High Court of Admiralty, according to certain Ordinances made by the Lords and Commons now assembled in Parliament, adjudged for lawful Prize: The said Lords and Commons do therefore Order and Ordain, That Thomas Smith Esquire, and John Hill Merchant, shall be, and are appointed, Collectors, by themselves and their lawful Deputies, to receive and take into his or their Possession all such Ships, or Parts and Shares of such Ships and Goods, which have been already taken and adjudged Prize, or hereafter shall be taken and adjudged Prize as aforesaid, as by the said Ordinances ought to accrue to the State: And, to the Intent that Ships and Goods may be sold for the best Advantage of the State, the said Lords and Commons do further Order and Ordain, That such Ships or Part of Ships and Goods shall be truly inventoried and sold (or otherwise disposed of to the Use of the Navy), by the Commissioners hereafter named, or by any Four or more of them, or by Persons by them or any Four of them deputed thereunto, under the Hands and Seals of such Commissioners, or any Four of them; that is to say, by Thomas Andrewes Alderman of London, Morris Tompson, Brian Harrison, Samuell Avery, William Methold, John Holland, Richard Cranley, Roger Twidy, John Morris, Andrew Burrell, and Solomon Smith, Gentlemen; who are by this Ordinance nominated, constituted, and authorized, to make Sale, or otherwise to dispose of the said Ships and Goods, for the best Advantage of the State, according to the true Intent and Meaning of this Ordinance; and are to take Inventories of the same, and keep Accompt of the Monies arising upon such Sale, to the Intent that the several Collectors may be duly charged with the same, and the Monies for which they were sold; which said Collector or Collectors are to make Payment of the said Monies arising upon the Sale of such Ships and Goods, by Order of the Committee of the Navy (who are hereby authorized thereunto), unto the Treasurer of the Navy for the Time being, whose Receipt for the same, together with the Order of the said Committee, shall be a sufficient Discharge for the said Collector or Collectors; and the said Committee for the Navy shall hereby have Power, from Time to Time, to call the said Collector or Collectors, to render to them Accompts of the State's Part of the said Prizes, and of the Sale and Provenue thereof, and the Approbation of the Lord Admiral, to allow out of the Proceed of the said Prizes such Fees and Charges, for the Adjudication, Collection, and Disposal thereof, as hath formerly been usual and accustomed in the like Cases; and the rest of the Proceed of those Ships and Goods to dispose for the Use and Benefit of the Navy; and as well the said Commissioners as the Collectors, for their several Doings in Pursuance of this Ordinance, shall be saved and kept harmless by both Houses of Parliament: And finally the said Lords and Commons do hereby Order and Ordain, That several Patents shall be drawn for the said Commissioners and Collectors, in His Majesty's Name, according to the Purport and Meaning of this Ordinance, and sealed and passed under the Great Seal of England, by the Commissioners lately established by the said Lords and Commons; who are required, and shall be hereby warranted, to seal the same; and in the mean Time as well the said Commissioners as the Collectors are hereby authorized to put in Execution this said Ordinance, according to the true Intent and Tenor thereof."

Adjourn.

House adjourned till 9^a, Thursday next.