House of Lords Journal Volume 7: 5 February 1645

Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 7: 5 February 1645', in Journal of the House of Lords: Volume 7, 1644( London, 1767-1830), British History Online [accessed 20 July 2024].

'House of Lords Journal Volume 7: 5 February 1645', in Journal of the House of Lords: Volume 7, 1644( London, 1767-1830), British History Online, accessed July 20, 2024,

"House of Lords Journal Volume 7: 5 February 1645". Journal of the House of Lords: Volume 7, 1644. (London, 1767-1830), , British History Online. Web. 20 July 2024.


In this section

DIE Mercurii, 5 die Februarii.


Ds. Grey de Warke, Speaker.

L. Admiral.
Comes Manchester.
Comes Rutland.
Comes Stamford.
Comes Nottingham.
L. General.
L. Viscount Say & Seale.
Ds. North.
Ds. Mountague.
Ds. Dacres.
Ds. Wharton.
Ds. Howard.
Ds. Bruce.

Capell, the Venetian Interpreter, a Protection.

Upon reading a Paper from John Baptist Capell, Interpreter to the Venetian Embassy in this Kingdom: (Here enter the Paper.) It is Ordered, That he shall have a Protection for the House and Persons, according to a List, until he hears from the Senate of Venice.

Message from the Assembly, with Papers, concerning Excommunication.

A Message was brought from the Assembly of Divines, by Dr. Burges and others:

To deliver to their Lordships Two Papers concerning Excommunication, which were received by this House.

Papers relative to Col. Middleton's Army, the Committees of the associated Counties of Essex, &c. and the Committee at Leicester.

The Lord Admiral reported to this House, from the Committee of both Kingdoms, divers Papers; which were read:

1. A Narrative of Colonel Middleton's, concerning the Army under his Charge.

2. A Letter from divers of the Committees of the Seven associated Counties of Norff. and Suff. &c.

(Here enter it.)

3. Instructions from the Deputy Lieutenants and Committees of the Seven associated Counties, to Commissioners from them. (Here enter it.)

4. A Letter from the Committee at Leycester to the Committee of both Kingdoms, concerning a Protection of the Coal-mines reciprocal.

5. A Copy of the Protection was read.

Ordered, That these Papers be communicated to the House of Commons; and to desire that they would appoint a Committee of their House, to join with a Committee of Ten Lords, to consider what is fit to be done upon the Letter and Instructions from the Seven associated Counties; and to report their Opinion to this House.

Any Three Lords, to meet To-morrow in the Afternoon, at Three a Clock.

Col. Michell and Mr. Osbaston.

The House being informed, "That Colonel Michell hath rendered (fn. 1) himself to the Gentleman Usher:" It is Ordered, That he be heard, by his Counsel, on Monday Morning, touching the Business in Difference between him and Mr. Osbaston, who is to have Notice of it; and that Colonel Michell in the mean (fn. 2) Time to go upon Bail.

Papers about Excommunication.

Next, the Papers concerning Excommunication were read Once, and Ordered to be read again To-morrow Morning.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Greene, &c.

To desire their Lordships (fn. 3) Concurrence in an Ordinance, intituled, "An Ordinance for the Subsidy of Tonnage and Poundage."

The Answer returned was:


That their Lordships will take this Ordinance into Consideration, and send an Answer by Messengers of their own.

Smith and Mayne sent for, for arresting Powell, Serjeant at Arms.

Upon reading the Petition of John Powell, One of His Majesty's Serjeants at Arms in Ordinary; complaining, "That Yesterday he was arrested in Westm. Hall, by one Robert Mayne, a Bailiff, at the Suit of one Christopher Smith, he not being any-wise indebted to him, which Arrest was much to his Prejudice; therefore, considering he hath always been resident in Town, and hath chearfully contributed and paid all Assessments and Taxes to the Parliament, therefore the Petitioner desireth that the said Smyth and Mayne may be brought before this House, to shew Cause why they have thus injured him."

Which this House Ordered the same accordingly, and that they appear To-morrow Morning.

Ordinance for Tonnage and Poundage.

Next, the Ordinance for the Subsidy of Tonnage and Poundage was read Twice, and committed to (fn. 4) these Lords following:

L. Admiral.
E. Kent.
E. Rutland.
E. Bolingbrooke.
L. North.
L. Howard.
L. Bruce.
L. Wharton.

Any Three, to meet To-morrow Morning, at Nine a Clock.

Mr. Serjeant Whitfield and Mr. Serjeant Fynch.

Letters and Instructions from the Deputy Lieut's of the associated Counties of Essex, &c.

Ordered, That the Letter and Instructions of the Seven associated Counties be referred to this aforesaid Committee, adding the Lord General and the Earl of Manchester to it; and to meet in the Afternoon, at Two of the Clock.

Message to the H. C. for Committees to meet about them, and a Letter from the Committee at Leicester.

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

To let them know, that their Lordships have received a Report from the Committee of both Kingdoms, with those Papers, being sent unto them from the Committees of the Eastern Association, and from Leycester: Their Lordships think fit the Letter and Instructions from the associated Counties be taken into Consideration; therefore to let them know, their Lordships have appointed a Committee of Ten Lords to take the Letter and Instructions of the associated Counties, and the Letter from Leycester, into Consideration; and to report what they think fit to be done thereupon; and to desire that the House of Commons would join a Committee of a proportionable (fn. 5) Number, to join with the Lords, to meet in the Prince's Lodgings, at Two a Clock Tomorrow in the Afternoon, to take the same into Consideration.

Letter from the Deputy Lieutenants of the associated Counties of Essex, &c. to the Committees of both Kingdoms, against the new-modeling of the Army.

"To the Right Honourable the Committee for both Kingdoms. These, humbly present.

"Right Honourable,

"We hold it our Duty to render an Account to your Lordships of a general Meeting of Deputy Lieutenants and Committees, selected and deputed from the Seven associated Eastern Counties, assembled at Bury St. Edmond's, to advise for the mutual and future Assistance of each other, for the composing of the Fears of the People, and for Answer of your Lordships Letter concerning Recruits of our Army; and, according to the Result of the said Conference, we humbly exhibit to your Lordships Consideration the sad Apprehensions had by the People of these Counties, of the Alteration in the Army now in Agitation in the Parliament, as that which will take away from them not only the Head and Body of their Strength, designed, promised, and by Ordinance settled for their mutual Assistance, but also deprive them of Means of future Subsistence and Consistence, and so render their solemn Promise of Association ineffectual, which God Almighty hitherto hath graciously honoured, by Witness of His Concurrence, with Success of Victory to the Army, and general Peace of the most Part even to their Borders, to the Wonderment of all Observers, and Envy of the Enemy. We may not conceal from your Lordships other their Complaints, of being left naked to the secret Malignants at Home, and to the watchful enraged Enemy Abroad, not to be withstood without Hindrance of their Callings, and spending of their Stocks upon Alarums, as hitherto they have been, and yet deeply charged also in Maintenance of our Army and other Forces in Service elsewhere; by all which, your Lordships may conjecture how hardly Recruits will arise, especially to unknown Captains and Commanders: Nevertheless, for our own Parts, none of these Discouragements, or any private Regard, shall withdraw our Zeal from the Service of your Honours, the Parliament and Kingdom, not only in the recruiting of our Army, but by giving all Encouragement we are able to the Forces to go to the West, or wheresoever they shall be ordered, according to our Proportion, in Defence to the other Armies: Yet, for the facilitating of the said Recruits, we humbly offer to your Lordships, that One Ordinance, or more, may be passed, to enable us to impress Men, and to deduct Money for the Coat and Conduct of the Soldiers, out of the Weekly Assessments which shall be laid upon us, without which the Work can never be effected; and that, for the Encouragement of the Soldiers, each County may have Power to pay their own Men, and that some Provision may be made for Relief of sick and maimed; and by this Means, we hope, the Work may prove successful and seasonable; which being done, if we may not have their continuing Assistance for our mutual Defence, which we cannot but desire, in Consistence with the Public, we make this our humble and most earnest Request, That our Brethren of the Scotts Army in the North Parts may forthwith be speeded down to Newarke, and besiege that Place, which hath been a Sore to the Association from the Beginning of these Wars hitherto, and is like to prove an Issue to waste the poor Remainder of the Means thereof, and more especially of our associated Friends of Lincolneshire, if some speedy Proceeding be not made against that Place. This, together with the People's Expectation of your Lordships Care of them in relation to this our humble Proposal, will, we hope, settle the disturbed Motions of their Mind, and keep them ready at your Service; to which also we humbly offer ourselves.

"Your Honours devoted Servants,

Bury St. Edmonds, 30 Janu. 1644.

"Maurice Barrowe.
Robert Wood.
Wm. Brownlowe.
Wm. Drury.
Thomas Torlocke.
Robert Jermy.
John Wentworth.
Thomas Chaplyn.
Edw'd Astley.
Henry Mildmay.
John Palgrave.
Francis Bacon.
Wm. Spring.
Bra. Gurdon.
Thomas Southerton.
Henry North.
Thomas Barnardiston.
Robert Bruster.
William Dawge.
Tho. Tyrrell.
Edward Clinch.
Thomas Bacon.
Nathan. Bacon.
Gibson Lucas.
Wm. Coxe.
John Sorrell.
Oliver Raymond.
Thomas Frere.
Michaell Cholmely.
John Holman.
James Thompson.
Thomas Gippes.
John Eldred.
John Greenwood.
Thomas Parker.

"Other Matters we have further committed in Remembrance to these Gentlemen of the several Counties, to whom we humbly beseech your Lordships to vouchsafe a favourable Admittance with their Instructions."

"Bury, 31 Januarii, 1644.

"Instructions delivered by the Deputy Lieutenants and Committees of the associated Counties of Norffolke, Suff. Essex, Cambridge, Hartford, Huntingdon, and Lincolne, at their Meeting at Bury St. Edmond's, in Suff. to be presented unto the Committee of both Kingdoms, by Sir William Brownlowe, Sir Thomas Trolloppe, Mountague Cholmley Esquire, William Drury Esquire, Edward Clench Esquire, James Thompson Esquire, Alban Cocks Esquire, William Dauge Esquire, Henry Mildmay, Oliver Reymond, Thomas Southerton, Robert Jeremey Esquires, Sir Thomas Barnardiston Knight, and Robert Brewster Esquire.

Instructions from the Deputy Lieut's of that Association to Commissioners appointed by them to the Committee of both Kingdoms.

"That no Military Power be exercised in the Association, but by Ordinance of Parliament.

"That all the Forts and Magazines, in each County of the Association, to be committed to the Care and Disposal of such Persons as the Deputy Lieutenants and Committees of each County shall confide in.

"That every County may be enjoined to pay their Forces Monthly; and that, in case they should fail of Treasure sufficient, they may be enabled to advance Money upon Interest, to be re-paid out of the next Monies: This will both prevent Mutinies, and usual Recruits in a great Measure.

"That the Deputy Lieutenants and Committees in each County may put in Execution all former and future Ordinances.

"That the Seven associated Counties, and the Two Cities of Norwich and Lincolne, may have their several and certain Proportion of Men, Money, and Horses, set by Parliament.

"That, in case any Alarum come from a considerable Body of the Enemy, to any County of the Association, which shall be and continue about Three Days, necessitating the raising of the Trained Bands or Auxiliaries, that then the Charge shall be born by every County in the Association, according to the Proportion.

"That, in case these Forces now intended to be raised by Authority of Parliament shall not be thought sufficient for Accomplishment of a desired Period to this destructive Civil War, that then this Association will use their best Diligence, and endeavour to raise their utmost Power and Strength, to join with like proportionable Forces of other Parts and Counties, for the speedy finishing and eradicating this unnatural War.

"These our humble Proposals we present, by the Gentlemen above named, unto the Right Honourable Committee of both Kingdoms.

John Wentworth.
Tho. Parker.
Maurice Barrowe.
Thomas Bacon.
John Balgrave.
Tho. Frere.
Edw. Astley.
Tho. Chaplin.
Rob't Wood.
Tho. Barker.
Francis Bacons.
Hen. North.
Wm. Springe.
Tho. Gipps.
Nath. Bacon.
Bra. Gurdon."


House adjourned till 9a cras.


  • 1. Origin. him.
  • 2. Deest in Originali.
  • 3. Origin, concur.
  • 4. Origin. the these.
  • 5. Deest in Originali.