House of Lords Journal Volume 6: 9 May 1644

DIE Jovis, 9 die Maii.

PRAYERS, by Mr. Jackson.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Lord Bruce excused.

The Lord Bruce is excused for his Absence this Day.

Message to the H. C. about continuing the Ordinance for the Committees of both Kingdoms.

A Message was sent to the House of Commons, by Serjeant Whitfeild and Mr. Serjeant Fynch:

To desire them to take into Consideration the Ordinance formerly sent down to them, for the Continuance of the Ordinance for the Committee of both Kingdoms; and to return an Answer with as much convenient Speed as they can.

Petition for Lord Roberts to be Governor of Plymouth, &c.

A Petition was presented to this House, by many Western Gentlemen, to desire, "That the Lord Roberts may be sent down to Plymouth, to be Governor there; and that he may have the Counties of Cornwall and Devon to be under his Command."

Sir William Waller's Consent necessary.

And the House, considering that Sir Wm. Waller hath this Town and these Counties granted to him by Ordinance of both Houses, thought it fit it be referred to the Committee for the West, to treat with Sir Wm. Waller, to try if his Consent may be had to part with the Command of these Counties.

Answer from the City, about the Propositions for a Peace.

The Earl of Northumb. reported to this House, That the Committee of Lords, with a Committee of the House of Commons, went to the Common Council in London, to acquaint them with the intended Favour towards them; that, the Houses being now in preparing Propositions for a well-grounded Peace, if the City have any Thing which concerns them to offer to their Lordships Consideration, they will receive it. And the City returned to their Lordships great Thanks for this Favour and Respect towards the City."

Earl of Holland's Thanks, for having Leave to attend the Lord General.

The Speaker acquainted this House, "That he hath received a Letter from the Earl of Holland, to give their Lordships Thanks, for giving him Leave to attend my Lord General in the Army; and desired that the House of Commons may be made acquainted therewith, and that he might have Leave to carry Necessaries with him."

Sent to the H. C.

Hereupon this House Ordered, To send this Letter and the former Letter to the House of Commons, with Notice that their Lordships have given him Leave to attend the Lord General in the Army; and accordingly the Letters were presently sent down to the House of Commons, by Sir Edw. Leech and Dr. Aylett.

Message from thence, with Two Ordinances.

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

To desire their Lordships Concurrence in Two Ordinances:

1. An Ordinance for the further demolishing of Monuments of Idolatry and Superstition. (Here enter it.)

Read Thrice, and Agreed to.

2. An Ordinance concerning Sir Rob't Berkley Knight, late One of the Justices of the King's Bench, &c.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Ordinances now brought up.

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

That concerning the Ordinance for (fn. 2)

Sir John Conyers's Petition, to be re-admitted to the Lieutenancy of The Tower.

The Petition of Sir John Conyers Knight, Lieutenant of The Tower of London, was read; shewing, "That, by virtue of an Order of both Houses in Parliament, bearing Date the 27th February last past, he had Leave to be absent from his Place as Lieutenant of The Tower till Midsumer-day next, for which Favour he gives humble Thanks; and whereas his Business being now ended (as he hath ever been obedient to your Commands), he is now again ready to attend them; he humbly prayeth that their Lordships will be pleased to ordain, that, at his Arrival here, he may be again admitted into the Charge and Command of The Tower, as he formerly hath been.

"And he shall ever pray, &c.

"Jo. Conyers."

To be sent to the H. C.

Hereupon this House Ordered, That this Petition be sent to the House of Commons, with their Lordships Sense upon it, That they think fit that Sir John Conyers be admitted to his Place of Lieutenant of The Tower, when he arrives here; and to desire their Concurrence therein.

Propositions for a Peace.

Ordered, That the Propositions shall be taken into Consideration To-morrow Morning, the First Business.

Fisher and Lady Cope.

Upon reading the Petition of Edmund Fisher Esquire; shewing, "That whereas there is a Cause (fn. 3) in this House, between him and the Lady Cope, concerning Two Marshes in the County of Essex, he desires that either the Cause may be heard, or dismissed to the ordinary Course of Law."

Hereupon it is Ordered, That the Lady Cope shall have a Copy of this Petition, and make an Answer to the same (fn. 4) within Fourteen Days; and then this House will give further Directions in this Business.

Ordinance for sending the Auxiliaries to the Lord General, &c.

Next, the Ordinance for sending out the Auxiliary Regiments in London was read, and Agreed to.

(Here enter it.)

An Ordinance was brought into this House, and read, for giving Power to Sir Nath. Brent to give Institution to Livings in the Gifts of the Bishops.

Ordinance for Sir N. Brent to institute to Livings in the Gifts of the Bishops.

The Ordinance was read Twice, and committed to these Lords following, to consider of the same, and report it unto this House:

Earl of Stamford's Petition, for Leave to travel, and for an Allowance.

The Earl of Stamford's Petition was read, desiring Leave to travel to The Hott Bath, in France, for the Recovery of his Health; and that he may be furnished with the Sum of One Thousand Pounds, out of the Remainder of the Earl of Arundell's Assess ment for the Twentieth Part; and that he may have some Weekly Allowance for his Maintenance during his Abode beyond the Seas, out of the Twentieth Part as aforesaid."

Ordered, That this Petition be sent down to the House of Commons To-morrow.

Ld. Wharton, Leave to be absent.

Ordered, That the Lord Wharton hath Leave to be absent from this House.

"An Ordinance for the further demolishing of Monuments of Idolatry and Superstition.

Ordinance for the further demolishing of Monuments of Idolatry and Superstition.

"The Lords and Commons assembled in Parliament, the better to accomplish the blessed Reformation so happily begun, and to remove all Offences and Things illegal in the Worship of God, do Ordain, That all Representations of any Persons of the Trinity, or of any Angel or Saint, in or about any Cathedral, Collegiate, or Parish Church, or Chapel, or in any open Place within this Kingdom, shall be taken away, defaced, and utterly demolished, and that no such shall hereafter be set up; and that the Chancel Ground of every such Church, or Chapel, raised for any Altar or Communion Table to stand upon, shall be laid down and leveled; and that no Copes, Surplices, superstitious Vestments, Roods, or Rood-lofts, or Holy Water Fonts, shall be, or be any more used, in any Church or Chapel within this Realm; and that no Cross, Crucifix, Picture, or Representation of any of the Persons of the Trinity, or of any Angel or Saint, shall be or continue upon any Plate, or other Thing used, or to be used, in or about the Worship of God; and that all Organs, and the Frames or Cases wherein they stand, in all Churches and Chapels aforesaid, shall be taken away and utterly defaced, and none other hereafter set up in their Places; and that all Copes, Surplices, superstitious Vestments, Roods, and Fonts aforesaid, be likewise utterly defaced; whereunto all Persons within this Kingdom whom it may concern are hereby required at their Peril to yield due Obedience.

"Provided, That this Ordinance, or any Thing therein contained, shall not extend to any Image, Picture, or Coat of Arms, in Glass, Stone, or otherwise, in any Church, Chapel, Churchyard, or Place of Public Prayer, as aforesaid, set up or graven only for a Monument of any King, Prince, or Nobleman, or other dead Person, which hath not been commonly reputed or taken for a Saint; but that all such Images, Pictures, and Coats of Arms, may stand and continue, in like Manner and Form as if this Ordinance had never been made; and the several Churchwardens or Overseers of the Poor of the said several Churches and Chapels respectively, and the next adjoining Justice of the Peace, or Deputy Lieutenant, are hereby required to see the due Performance hereof; and that the repairing of the Walls, Windows, Grounds, and other Places, which shall be broken or impaired by any the Means aforesaid, shall be done and performed by such Person and Persons as are for the same End and Purpose nominated and appointed, by a former Ordinance of Parliament, of the 28th of August, 1643, for the utter demolishing of Monuments of Superstition or Idolatry."

"An Ordinance of the Lords and Commons assembled in Parliament, concerning Sir Robert Berkley.

Ordinance to discharge Sir Robert Berkley from his Imprisonment, he having paid his Fine.

"Whereas Sir Robert Berkeley Knight, late One of the Justices of the Court of King's Bench, was heretofore impeached before the Lords in Parliament, by the Knights, Citizens, and Burgesses of the House of Commons, of High Treason, and other great Misdemeanors, as in and by the said Impeachment and Articles exhibited in Maintenance thereof more at large appeareth: And whereas the Lords in Parliament, having taken the Charges comprized in the Fourth, Fifth, and Sixth Articles of the said Impeachment into their due Consideration, did find the said Sir Robert Berkeley guilty of the great Misdemeanors in the said Fourth, Fifth, and Sixth Articles charged and thereupon did award and adjudge, That the said Sir Robert Berkeley shall be fined in the Sum of Twenty Thousand Pounds, to be paid in at Guildhall, London, to be disposed of by the Authority of both Houses of Parliament, for the Safety of the Kingdom; and, if it be not paid or satisfied within Six Weeks next after the said Judgement, that other Course shall be taken for the levying of it by Authority of Parliament; and that the said Sir Robert Berkeley shall be discharged of being a Judge of the King's Bench, and made uncapable to hold any Place or Office in the State or Commonwealth; and that he shall be uncapable of any Honour in the future; and that he shall be imprisoned in The Tower of London during the Pleasure of the House of Lords in Parliament, as in and by the said Judgement more at large appeareth; and whereas the said Sir Robert Berkeley, by virtue of the said Judgement, hath been for above Seven Months last past, and now is, a Prisoner in The Tower of London aforesaid; and also whereas the said Sir Robert Berkeley hath given Satisfaction to both Houses of Parliament for his said Fine, and hath most humbly supplicated them for their Mercy to be extended towards him: Be it now Declared and Ordained, by the Lords and Commons assembled in Parliament, That the said Sir Robert Berkeley shall be from henceforth freed and discharged from his further and longer Imprisonment in The Tower of London; and that the said Sir Robert Berkeley, his Heirs, Executors, Administrators, and Assigns, and all and singular his and their Persons, Lands, Tenements, Hereditaments, Goods, Chattels, and Estate whatsoever, is and are hereby, and shall be for ever hereafter, freed and discharged of and from the said Fine of Twenty Thousand Pounds, and every Part thereof; and that the said Sir Robert Berkeley shall not be any further proceeded against or questioned upon the said Impeachment, or any Part thereof, or for any Matters alledged or contained in any of the said Articles exhibited against him: Provided, and it is the true Intent and Meaning hereof, That the said Judgement already given by the Lords in Parliament shall continue and remain in Force to all Intents and Purposes, excepting only as to the said Fine and Imprisonment, any Thing herein contained to the contrary in any Wise notwithstanding."

Ordinance for the Auxiliary Forces of London to march out.

"It is Ordained, by the Lords and Commons in Parliament, That the Committee of the Militia of the City of London shall be, and hereby are, authorized to command the Regiment of the Trained Band, raised in the Hamlets belonging to The Tower of London, the Regiment of Auxiliaries raised in and about Westm. and the Regiment of Auxiliaries raised in the Borough of Southwarke, consisting of Four Thousand Two Hundred Men, or any less Number, to march, according to the Discipline and Order of War, under the Conduct and Command of such Major General, Colonels, Lieutenant Colonels, Captains, and other Officers, as the same Committee shall nominate and appoint, with all necessary Provisions of Arms, Ordnance, Ammunition, and other Carriages, from the Cities of London and Westm. and all other Places within the Forts or Lines of Communication, and the Parishes mentioned in the Weekly Bill of Mortality, unto Sir William Waller, wheresoever he shall be, and according to his Direction to proceed for the recovering of the Town of Reading, and Preservation thereof, now possessed by the Enemy, by Diversion or otherwise, and upon such other Service as shall be commanded by Sir William Waller, with the Consent of the said Committee: And it is further Ordained, That the said Committee shall be, and hereby are, authorized to command Three Regiments of Auxiliaries, raised within London and the Liberties, consisting of Four Thousand Two Hundred Men, or any less Number, to march according to the Discipline and Order of War, under the Conduct and Command of such Major General, Colonels, Lieutenant Colonels, Captains, and other Officers, as the same Committee shall nominate and appoint, with all necessary Provisions of Arms, Ordnance, Ammunition, and other Carriages, from the City of London, unto the Lord General the Earl of Essex, wheresoever he shall be, and, according to his Excellency's Direction, to proceed for the Recovering of the City of Oxford, and Preservation thereof, now possessed by the Enemies to the King and Parliament, by Diversion or otherwise, and upon such other Service as shall be commanded by his Excellency, with the Consent of the said Committee; and, those Services being performed, the said Major General, Colonels, Lieutenant Colonels, and other Officers, shall be, and are hereby, authorized to command and conduct all the said Forces in their Return to the Places aforementioned where they were raised, or otherwise upon any other Service, according to such Order as they shall receive from the said Committee: And it is further Ordained, That the said Committee shall have Power, and is hereby authorized, to call back such Forces as they shall command to march forth by virtue of this Ordinance, when they shall think fit: And it is further Ordained, by the said Lords and Commons, That all Major Generals, Colonels, Lieutenant Colonels, Captains, and other Officers and Soldiers whatsoever, under the Command of the said Committee of the Militia, whether Masters or Servants, shall obey the Commands and Directions of the said Committee of the Militia from Time to Time, and likewise to march, with their Colours, to any Place whatsoever, for the Defence of the said City and the Public Safety, according to the Direction of the said Committee, upon Pain of Imprisonment or Expulsion out of the Limits aforesaid, and such other Punishment as the said Committee shall think fit to impose upon them by reasonable Fines, or according to the Course of War; and all Constables, Headboroughs, Provost Marshals, and other Officers, are hereby required to be aiding and assisting, from Time to Time, for the better furthering and effecting of all such Services as are contained or intended by this Ordinance, according as they shall be directed by the said Committee for the Militia, or their Sub-committees within the Limits aforesaid, as they will answer the contrary under the Penalties herein mentioned: And it is further Ordained, That such Forces as are or shall be sent forth by the said Committee, for the Expeditions aforesaid, shall be paid by the Parliament for the Time they shall continue abroad, according to the new Establishment of the Army under the immediate Command of his Excellency the Earl of Essex; and as well the said Committee, as also their Sub-committees, and all other Persons acting in the Premises according to the Intent of this Ordinance, shall be saved harmless by Authority of both Houses of Parliament."

Adjourn.

House adjourned till 9^a cras.