House of Lords Journal Volume 6: 3 April 1644

DIE Mercurii, 3 die Aprilis.

PRAYERS, by Mr. Mew.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Brames & al. Petition, concerning Goods in a Ship stranded near Shoreham, belonging to Spaniards.

Upon reading the Petition of Arnold Brames, James Butler, Henry De Those, and Peter Kams, Merchants, and Agents for the Proprietors of the Ship and Goods stranded near Shorham; desiring, "That some Course may be taken for the releasing and freeing the said Goods, they belonging to Merchants that are Subjects of the King of Spayne:" Hereupon this House Ordered, To send the said Petition to the House of Commons, to desire that they would take the Contents of this Petition into Consideration, lest our Merchants suffer for it in the Territories of the King of Spaine.

Message to the H. C. with it; and to desire Expedition to the Ordinance to exclude Members who have left the Houses.

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

To communicate unto them the Petition concerning the Spanish Goods and Ship taken at Arundell; and to desire them, that they would give Expedition to the Ordinance formerly sent down to them, concerning the excluding of such Members of both Houses as have deserted the Parliament.

Ordinance concerning Saltpetre.

The Lord Admiral reported to this House, "That the Committee for the Ordinance concerning Salt-petre have considered of the said Ordinance, and think it fit to pass, with some Alterations:" Which Alterations were read, and Agreed to; and Ordered to be sent to the House of Commons, to desire their Concurrence in these Alterations.

Oath of Secrecy.

Next, this House took into Debate the Report made of the Conference with the House of Commons, concerning the Oath of Secrecy, &c. the 20th of March last.

And this House nominated these Lords Committees following, to consider what Answer is fit to be made to this Report; and to have Power to search such Records and Precedents as they shall see Cause for:

Their Lordships, or any Five, to meet To-morrow Morning, at Eight of the Clock, and afterwards when and where they please.

Mr. Justice Reeves and Mr. Serjeant Whitfield to be Assistants; and Mr. Hales to have Notice to attend their Lordships at the same Time.

Answer from the H. C.

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

That they will take the Petition concerning the Spanish Ship into Consideration, and send an Answer by Messengers of their own.

Message from thence, with an Ordinance;

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, and others;

To desire their Lordships Concurrence in these Particulars following:

1. An Ordinance, declaring, That such Monies as shall be advanced for the Payment of such Forces as are or shall be under the Brigade of Colonel Browne, &c.

(Here enter it.)

Read Thrice, and Agreed to.

for some Officers belonging to the Committee at Haberdashers Hall to be discharged from their Attendance on this House;

2. There being some of the Officers belonging to the Committee at Haberdashers Hall attending upon this House, being summoned by their Lordships Order, the House of Commons desires that they may be discharged from their further Attendance on this House, in regard the Public Service suffers because of their Absence from their Employments.

Then Humphry Bury was called in, and his Charge was read to him; which he denying, this House Ordered, That he shall be forthwith discharged from his Restraint; and all the rest of the Officers that are in Restraint concerning this Business to be discharged.

and for a Public Thanksgiving for the Victory gained by Sir Wm. Waller's Forces.

3. The House of Commons desires their Lordships Concurrence, that Tuesday next may be appointed for a Public Thanksgiving to be given to God, in all the Churches and Chapels within the Cities of London and Westminster, and Line of Communication, for the great Success it hath pleased God to give the Parliament's Forces under the Command of Sir Wm. Waller and Sir Wm. Balfore, over Sir Ralph Hopton's, in totally routing of them.

Ordered, That this House agrees with the House of Commons in this Particular, as is desired.

The Answer returned was:

Answer.

That this House agrees in the Ordinance now brought up, and to (fn. 1) the Day of Thanksgiving, as is desired; and that their Lordships have released the Officers belonging to the Committee at Haberdashers Hall.

Countess of Rutland's Assessment.

Ordered, That the Servant of the Countess of Rutland shall attend the Committee of Lords and Commons at Haberdashers Hall, about her Assessment, according to the Ordinance of both Houses of Parliament, for the Twentieth Part; and her Assessment to be at such a Time when the Lords of that Committee are present.

Message from the H. C. for a Conference on the Papers from the Dutch Ambassadors, &c.

A Message was brought from the House of Commons, by Sir Walter Erle, &c.

To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Matter of the late Conference, concerning the Papers from the Dutch Ambassadors.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

Clotworthies and Middleton.

Upon reading the Petition of the Clathworthies, against Middelton: It is Ordered, That the said Middleton shall have a Copy of this Petition, and return his Answer to this House within Eight Days after Notice given.

Message to the H. C. with the Ordinance concerning Salt-petre, and about Kettleby's Petition.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Sir Edw. Leech:

To desire their Concurrence in the Ordinance concerning Salt-petre, with the Alterations; and to put them in Mind of the Petition concerning Captain Kettleby.

The Answer returned was:

Answer.

That the House of Commons do agree to the Alterations in the Ordinance concerning the Salt-petre. (Here enter it.) And concerning Kettlebie's Petition, they will take the same into Consideration.

Dr. Walker verses Sir J. Lambe.

Upon reading the Petition of Dr. Walker, against Sir John Lambe Knight: It is Ordered, That Dr. Walker shall have the Benefit of his Bond against Sir Jo. Lambe, without Interruption in the Proceeding of suing it.

Assembly of Divines to draw up a Directory for Ordination, and to expedite the Directions for Worship.

The Lords in Parliament assembled desire, that the Assembly of Divines (who have happily agreed in the Doctrinal Part of Ordination) may be now called upon to order a Directory for the Practice thereof; that so both the Navy and many Congregations which want Ministers may be timely furnished and supplied with the Ministry of such Scholars as are willing and able, if they may be Ordained thereunto: The Lords do likewise desire, that the Assembly may be hastened to agree upon Directions for Worship, and especially for the Administration of Sacraments.

Ordered, That the Lord Admiral is appointed to deliver these Desires to the Assembly, from this House.

The Lords went to the Conference, and the House was adjourned till Nine of the Clock To-morrow Morning.

Ordinance to raise 20,000 l. for Sir Wm. Waller's Forces, to enable them to pursue their Victory.

It having pleased Almighty God to give the Forces under the Conduct of Sir William Waller and Sir William Balfour, for the Service of the King and Parliament, a late Victory against the Enemy, which, being timely pursued, may, by His Omnipotent Blessing, put an End unto these unnatural Civil Wars; and the Committee of the Militia of the City of London having to this Purpose (at the Desire of the Committee of both Kingdoms) agreed forthwith to send out some of the Horse and Foot under their Command, as well the better to enable the said Committee for this Service, as for Encouragement and Security of all such well-affected Persons as shall advance and lend any Monies towards the Payment of the Brigade of General Major Browne already sent, and of other Forces from Time to Time to be sent by the said Committee, for the Service aforesaid, according to the Establishment of the Kingdom:

"The Lords and Commons in Parliament assembled do Declare, That the advancing of the said Money shall be taken for a very acceptable Service, and an evident Testimony of the Continuance of their Zeal to the Service of the King and Parliament, and the Preservation of the Kingdom from Ruin; and do further Ordain, That all such Monies so advanced and lent as aforesaid (not exceeding the Sum of Twenty Thousand Pounds) shall be re-paid, with Interest after the Rate of Eight Pounds per Cent. out of the Receipts of the Excise and new Impost granted by Ordinance of Parliament, dated the 11th of September last, which is to be continued for One Year longer; to wit, the First Half Year's Interest at Six Months after the Loan of the said Monies, and the last Half Year's Interest, together with the Principal, at the End of the next Six Months following; all which Sums of Money, so advanced and lent as aforesaid, are forthwith to be brought in, and paid to the Treasurers for Money and Plate at Guildhall, whose Receipt or Receipts, under the Hands of any Two of them, shall be a sufficient Security and Warrant for the Re-payment of such Monies, with Interest, at the Times before expressed, unto such Person or Persons as shall advance and lend any Money upon the Conditions aforesaid; which Monies are again to be issued and paid out by the said Treasurers, according as they shall be directed by the said Committee of the Militia of London, for the Uses aforesaid: And the said Lords and Commons do hereby authorize the said Commissioners of the Excise and new Impost, for the Time being, to pay the said Twenty Thousand Pounds, or so much thereof as shall be lent and advanced for this Service, with the Interest after the Rate of Eight Pounds per Cent. at the Times beforementioned, unto such Person or Persons as shall advance the same, or any Part thereof: And do further Ordain, That, as no Ordinance or Assignment which is not already passed upon the Receipt of Excise, except the Ten Thousand Pounds Remainder of the Twenty Thousand Pounds assigned for recruiting my Lord General's Army, and except the Twenty Thousand Pounds promised for the Western Counties, shall precede this Ordinance, whereby the Monies thereby advanced may not be duly paid at the Time herein expressed; so, in Case the Receipts of the Excise should in the Interim surcease, or otherwise fall short, the said Lords and Commons do hereby Declare, That they will provide by some other Ways and Means for the Reimbursement of those who shall advance and lend the Monies aforesaid, according to the true Intent and Meaning of this Ordinance: And the said Lords and Commons do further Ordain, That the said Committee of the Militia shall from Time to Time account to both or either Houses of Parliament, or to whom they shall direct, how they have caused the said Monies to be issued out, to the End it may appear it is disbursed for the Uses expressed in this Ordinance, and not otherwise."

"An Ordinance of the Lords and Commons in Parliament assembled, for the making of Saltpetre, &c.

Ordinance for making Saltpetre.

"Whereas the great Expence of Gunpowder, occasioned by the present War within His Majesty's Dominions, hath well near consumed the old Store, and doth exhaust the Magazines so fast, that, without a larger Supply, the Navy, Forts, and the Land Arms, cannot be furnished; and whereas Foreign Salt-petre is not equal in Goodness with that of our own Country, and the Foreign Gunpowder far worse conditioned, and less forceable, than that which is made in England; and whereas divers Foreign Estates have of late prohibited the Exportation of Salt-petre and Gunpowder out of their own Dominions and Countries, so that there can be little Hope of future Expectation of any Petre or Powder to be brought into this Kingdom as in former Times, which will inforce us to make Use of our own Materials; it is held most necessary, that the digging of Salt-petre, and making of Gunpowder, should by all fit Means be encouraged at this Time, when it so much concerns the Public Safety: Nevertheless, to prevent the reviving of those Oppressions and Vexations exerclsed upon the People under the colourable Authority of Commissions granted to Salt-petre-men, which Burthen hath been eased since the Sitting of this Parliament; and to the End that there may not be any Pretence to interrupt the Work: It is Ordained, by the Lords and Commons in Parliament, That such Persons as shall be nominated and allowed by the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, their Factors, Workmen, and Servants, shall have Power and Authority, by this present Ordinance, to search and dig for Salt-petre, in all Pigeon-houses, Stables, Cellars, Vaults, empty Ware-houses, and other Out-houses, Yards, and Places likely to afford that Earth, at fit Seasons, from Half an Hour after Sun-rising in the Morning, till an Hour before Sun-setting; and in Pigeon-houses likely to afford that Earth, at fit Seasons, from Nine of the Clock in the Morning, till Three of the Clock in the Afternoon; the said Salt-petre-men at their own Cost and Charges leveling the Ground, and repairing any Damage which shall be done by them; wherein if the said Salt-petre-men do fail to give Satisfaction to the Contentment of the Owners, upon Complaint made by the Parties grieved, unto the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more of them, and they, or any One of them, shall have Power to compel the said Salt-petre-men to lay the Ground in as good Order as before the breaking-up (Working only excepted), and likewise to give such reasonable Satisfaction for the Damage, as he or they in his or their Discretion shall think fit, which not being obeyed, the Name and Offence of such Person or Persons refusing shall be returned to the said Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them: And forasmuch as the Saltpetre-men, for the Provision of the State, are to bring in a Proportion of Salt-petre Weekly, which they can be in no Ways able to do in Case they should be (fn. 2) denied to dig and work for Salt-petre, it is therefore Ordered, That in Case any Person whatsoever shall refuse (fn. 3) to suffer Salt-petre-men, allowed by the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, to dig and work for Salt-petre, according to the Rules and Limitations beforementioned; upon Complaint thereof made to the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more of them, then they, or any One of them, shall hereby have Power to inforce the Obedience of the Parties so refusing, or to certify their Offence, and Names of the Offenders, to the Committee of the Lords and Commons for the Safety of the Kingdom, to be proceeded against according to their Demerits: And it is likewise Ordained, That the said Salt-petre-men, for the Carriage of the Liquor, Vessels, and other Utensils, from Place to Place, and delivering of the Saltpetre where the same shall be made into Gunpowder, it shall be lawful for the said Salt-petre-men to demand and take Carts, by the known Officers, so as the Lading shall not exceed Twenty Hundred Weight, and the Journey not exceed Ten Miles by common Estimation; for Carriage whereof, the Owner shall be paid after the Rate of Eight Pence the Mile, and the empty Vessels are to be re-carried gratis; and the said Salt-petre-men are likewise to be freed from all Taxes and Tolls demandable for any of their Carriages used about their said Works; and in Case any Person whatsoever shall refuse to suffer the said Saltpetre-men to dig, or to do any other Thing in Pursuance of this Ordinance, according to the Limitations and Directions hereby given, then the Saltpetre-men shall return the Names of such Persons so refusing, to the Committee of Lords and Commons for the Safety of the Kingdom, or any Five of them, to be proceeded against according to their Demerits; by which Means the Work of making Powder in this Kingdom (which else will be let fall in this Time of Danger) may be continued and cherished, and the Subjects may have the Benefit of Powder at far easier Rates than now it is sold for: For which Purpose, it is lastly Ordained, That the said Committee of Lords and Commons for the Safety of the Kingdom shall, by virtue of this Ordinance, have Power and Authority to put this Ordinance in Execution, and to do and perform all such Thing and Things as to them shall seem expedient for the better effecting of this Service.

"And it is further Ordained, That such Salt-petremen as shall be allowed as aforesaid shall take such Out-houses, for their Work-houses, to set their Vessels and Utensils in, as shall be fit, and may be reasonably spared; and to have, take, and draw Water fit for their said Works, they giving Satisfaction to the Contentment of the Owners thereof; or, if they shall not agree of such Satisfaction, that then they appeal to (fn. 4) the Deputy Lieutenants, Justices of Peace, or Committees of Parliament, or any One or more of them, who may make such Order therein as to him or them shall seem fit, which Order shall bind both Parties.

"This Ordinance of Parliament to continue for Two Years, from the 25th Day of March, 1644."