House of Lords Journal Volume 4: 8 September 1641

DIE Mercurii, videlicet, 8 die Septembris.

PRAYERS.

Rioters against the French Ambassador to to make their Submission to him.

Upon the earnest Request of the French Ambassador unto this House, "That the Punishments may be remitted to the Offenders that assaulted his House, giving their Lordships Thanks for repairing his Honour therein:" It is Ordered, That the said Delinquents shall be pardoned and remitted of all their Punishments; and that they shall, on Thursday the 9th of this instant September, be brought to the said French Ambassador, and, upon their Knees, ask him Forgiveness for their Offences, and desire his pardon; and hereupon they are to be released of their present Imprisonment.

Letter from Secretary Vane to the Lord Keeper.

Next, a Letter was read, sent to the Lord Keeper from Secretary Vane, by Directions of His Majesty, dated the 3d of September, 1641.

Ld. Howard to the Ld. Keeper about levying Soldiers for the King of Spain.

Another Letter was read, sent from the Lord Howard to the Lord Keeper, signifying, "That the Spanish Ambassador hath made a Complaint to His Majesty, that the Parliament hath denied him the transporting of Soldiers out of Ireland for the Service of the King of Spaine which the King had promised him."

Spanish Ambassador enlists Men without Leave.

It was also declared in this House, "That the Spanish Ambassador hath lately contracted with Troopers that came to London out of the Army, for Horse and Men to serve the King of Spaine; and hath agreed to give them Three Pounds apiece to carry them to the Port, to be transported, this being done without any Licence from the King or the Parliament."

The House, having taken these in Consideration, Resolved, To communicate the Letters and this Relation to the House of Commons at a Conference.

Hereupon a Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

Message to the H. C. for a Conference about these Matters.

To desire a Conference, by a Committee of both Houses, presently, if it may stand with the Conveniency of that House, touching some Letters from Scotland.

Order about Rioters in Lincolnshire.

Upon hearing the Complaints this Day of the Earl of Lindsey, Sir William Killegrew, and others, against divers Persons, "that had disobeyed the Orders of this House, and have disturbed the quiet Possession of the Plaintiffs in certain improved Grounds which lie between Borne and Kym Eae, in the County of Lincolne, and have spoiled, destroyed and carried away, the Corn and Seed of the said Grounds, to a great Value, to the Loss of the Complainants, and filled up the Drains and Ditches of the same;" all which were proved by divers Witnesses and Affidavits against Kenelme Phillips, one of the Delinquents: And further it appeared, "That, upon divers Complaints made to William Lockton, Esquire, Justice of the Peace, of sundry Riots which have been committed upon the aforesaid Grounds, and the Rioters being brought before the said Justice Lockton, who, being desired to take some Course to prevent these Riots, to punish the Offenders, refused to punish them according to Law; but, instead thereof, released the Rioters, and committed those that complained, saying he did not care for the best Undertaker in England, and in several other Particulars misbehaved himself as a Justice of the Peace:" Also it appeared to this House, upon the Affidavit of Jasper Heiley, Messenger, "that he serving the Order of this House upon William Fox and Richard Stokes, other Defendants in this Cause, they have disobeyed and slighted the said Order, and have threatened and ill-intreated the said Messenger, to the great Dishonour of the Power and Dignity of this House:" The House, taking the aforesaid Premises into Consideration, Ordered, That the aforesaid Kenelme Phillips shall be forthwith committed to the Castle of Lincolne, there to remain until he shall find sufficient Sureties for his good Behaviour, before some of His Majesty's Justices of the Peace in the said County, and be bound not to commit any Riots hereafter, upon the aforesaid improved Grounds; and likewise that he appear at the next Assizes to be holden for the said County: And further it is Ordered, That the aforesaid William Lockton, for misbehaving himself as a Justice of the Peace as aforesaid, shall be forthwith put out of the Commission of the Peace for the County of Lincolne for the present, but to be held capable of the said Office hereafter, if the Lord Keeper shall think him fit. This being done, he is to be discharged of his present Restraint. And lastly it is Ordered, That the aforesaid Richard Stokes and William Fox shall be sent for, by the Gentleman Usher of this House, to appear and answer the Complaints against them, on Monday the 25th of October (fn. 1) next, and all Parties to be then present.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

That they will give a Meeting presently, as is desired, in the Painted Chamber.

Subject of the Conference about the

Then the Lord Privy Seal, the Lord Chamberlain, and the Lord Wharton, were appointed to acquaint the

Letters from Scotland and the Spanish Ambassador enlisting Troops without Leave.

House of Commons with the Contents of the Letters read this Day here; and to inform the House of Commons of the Spanish Ambassador's hiring of Horse and Men in London.

Conference reported.

The House being adjourned during Pleasure, the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That the Letters were communicated at this Conference to the House of Commons; and the Information touching the Spanish Ambassador was delivered."

Next, a Message was brought from the House of Commons by Sir Henry Vane, Junior:

Message from the H. C. to sit P. M.

To let their Lordships know, that the House of Commons intends to sit this Afternoon; and they desire this House would sit likewise.

The Answer hereunto returned was:

Answer.

That this House will sit this Afternoon, at Three a Clock.

Letters from Scotland, about disbanding the Army, &c.

Then a Letter was read, sent to the Lord Kymbolton from the Lord Maitbland of Scotland, concerning the disbanding of the King's Army.

Another Letter was read, sent from the Lord Dumfermeling and the Lord Loudon, to the Lords Commissioners of England, to desire that the King's Army may be speedily disbanded, and the Fortifications at Barwicke and Carlile slighted.

To be communicated to the H. C.

Hereupon it is Ordered, That those Letters be communicated to the House of Commons, at a Conference, this Afternoon.

After this, the Lord Privy Seal reported what Orders are thought fit to be observed for the preventing the dispersing of the Plague.

The said Orders were read, as followeth, videlicet,

Orders about the Plague.

"Certain Orders thought meet to be put in Execution against the Infection of the Plague.

"1. That the Bill [Lord have Mercy upon us], with a large Red Cross, be set upon the Door of every House visited with the Plague.

"2. That all the Stuff in the House, where any have been visited of the Plague, be well aired before it be discharged, or the House be opened.

"3. The House visited with the Plague to be shut up, whether any Person therein do die or not; and the Persons so shut up to bear their own Charge, if they be of Ability.

"4. No Person to be removed out of any infected House but by Leave of the Magistrate.

"5. If any Person shall fly out of any House infected with the Plague at or before the Death of any in the said House, such Person so flying to be pursued by Hue and Cry; and the House where they shall be found to be shut up, and they returned back to the Place from whence they so fled.

"6. That the Decree 40° Eliz. imprinted (inter alia) for the Relief of the Poor who are driven to live by begging, or to be relieved by Alms, and have been taken into new-erected Tenements, and divided Houses, be taken into Consideration during the Time of Infection; and the Landlords of such Tenements to be rated, according to the said Decree, with the Parishioners where such Buildings and Divisions (fn. 2) are, as if they were dwelling in the said Parish, for that the said Buildings will otherwise be an insupportable Charge to the Parishes, and the poor People turned out into the Streets in this Time of Infection.

"7. That the Pavements in the Streets be made sufficient, and so continued; the Kennels kept sweet and clean, the Soil of the said Streets to be carried away, and all Annoyances to be removed; and such Inhabitants as shall refuse to pay the reasonable Rates assessed on them for Payment of the Scavengers, which shall cleanse and carry away the Soil, be distrained by their Goods for Payment thereof.

"8. That, if any Persons shall turn out of their Houses any Servant, or Lodger, being sick, Power to be given by the Magistrate, or Officer, to put them into their said House again, or otherwise the said Persons to provide sufficient Maintenance for them; and, upon refusing so to do (being able Persons), to distrain the Goods of such Persons (for the Discharge) that shall so turn them out of Doors.

"9. If, by Order of the Magistrate, any Persons visited be removed out of their House or Lodging to the Pest-House or other Place; when they be recovered and in perfect Health, the said Magistrate to have Power and full Authority to return and settle the said Persons in their Houses or Lodging from whence they were so taken out, with Contradiction of their Landlords or any other.

"10. That all such Magistrates, or other Persons that shall be trusted with this Service, may be enabled to do all other Things necessary (fn. 3) in pursuing the Execution of these Orders as Occasion shall require, and be out of the Danger of Misconstruction, seeing they hazard their particular Safeties to provide for the Public."

Ordered, That this House approves of these Orders, which shall be put into Execution by the Justices of Westm. and Midd. and that this House have a Conference with the House of Commons this Afternoon, about the printing of them.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Dr. Scott versus Cooke.

Ordered, That Ralph Cooke shall put in his Answer in Writing unto a Petition of Mr. Doctor Scott, Dean of Yorke, and Christofer Scott his Brother; and that the said Answer is to be brought in unto the Clerk of the Parliament, in Writing, on the Two and Twentieth of this instant September, the said Cooke having Eight Days Warning so to do.

Convoy of Treasure to Berwick and Carlisle.

Ordered, That Two Warrants be issued as formerly, for the convoying of Treasure to Barwicke and Carlile, one to be made to George Pagter, the other to Waker.

Message to the H. C. for a Conference about Letters from the Scots Commissioners and Orders about the Plague.

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

To desire a Conference, by a Committee of both Houses touching Letters sent from the Scots Commissioners, and touching the Orders concerning the preventing the Infection of the Plague.

The Messengers return with this Answer:

Answer.

That the House of Commons will give a Meeting presently, as is desired, in the Painted Chamber.

Then a Message was brought from the House of Commons, by Sir Henry Junior:

Message from the H. C. for a Conference about suppressing Superstition, &c.

[ (fn. 4) To desire a Conference], by a Committee of both Houses, presently, if it may stand with the Conveniency of this House, touching the Restraint of Superstition and Innovation in the Church.

Answer.

The Answer returned was:

That their Lordships will give a present Meeting, as is desired, in the Painted Chamber.

The Lord Privy Seal,
Comes Warwicke,
Lord Bishop of Lincolne,
The Lord Wharton, and
The Lord Kymbolton,

Were appointed to report both the Conferences.

Conference reported.

Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That, at this Conference, the Lords had delivered the Orders touching the Plague, and had communicated the Letters to the House of Commons, who have presented to this House an Order for preventing and taking away of Innovations and Superstitions brought into the Church, to the great Scandal of our Religion; and the House of Commons desires their Lordships to join with them therein, that it may be published through the Kingdom."

1. The Order was read, in hæc verba: videlicet,

Order of the H. C. to prevent Superstition and Innovations in the Church.

"Whereas divers Innovations, in or about the Worship of God, have been lately practised in this Kingdom, some Things and prohibiting others, without Warrant of Law, to the great Grievance and Discontent of His Majesty's Subjects: For the Suppression of such Innovations, and for Preservation of the public Peace, it is this Day Ordered, and Commons in Parliament, That the Churchwardens of every Parish Church and Chapel, respectively, do forthwith remove the Communion Table from the East End of the Church, Chapel, or Chancel, into some other convenient Place; and that they take away the Rails, and level the Chancels, as heretofore they were before the late Innovation.

"That all Crucifixes, scandalous Pictures of any one or more Persons of the Trinity, and all Images of the Virgin Mary, shall be taken away and abolished; and that all Tapers, Candlesticks, and Basines, be removed from the Communion Table.

"That all corporal Bowing at the naming Jesus, or towards the East End of the Church, Chapel, or Chancel, or towards the Communion Table, be henceforth forborn.

"That the Orders aforesaid be observed in all the several Cathedral Churches of this Kingdom, and all the Collegiate Churches or Chapels in the Two Universities, or any other Part of the Kingdom, and in the Temple Church, and the Chapels of the Inns of Court, by the Deans of the said Cathedral Churches, (fn. 5) by the said Vice Chancellors of the said Universities, and by the Heads and Governors of the several Colleges and Halls aforesaid, and by the Benchers and Readers in the said Inns of Court respectively.

"That the Lord's-day shall be duly observed and sanctified; all Dancing, Wrestling, and other Sports, either before or after Divine Service, be forborn and restrained; and that the preaching of God's Word be permitted in the Afternoon, in the several Churches and Chapels of this Kingdom, and that Ministers and Preachers be encouraged thereunto.

"That the Vice Chancellors of the Universities, Heads and Governors of Colleges, all Parsons, Vicars, Churchwardens, do make Certificates of the Performance of these Orders; and, if the same shall not be observed in any of the Places aforementioned, upon Complaint thereof made to the Two next Justices of the Peace, Mayor, or Head Officers, of Cities or Towns Corporate; it is Ordered, That the said Justices, Mayor, or other Head Officer, respectively, shall examine the Truth of all such Complaints, and certify by whose Default the same are committed. All which Certificates are to be delivered in Parliament before the 30th of October."

And, for the further Debate hereof, the House was adjourned into a Committee during Pleasure. And the Three first Particulars (at this Time) being distinctly read, this House made these Resolutions: videlicet,

Resolutions concerning it by the Lords.

"1. Where there are Rails already, they are to be removed with the Communion Tables; but where there are none, they shall not be inforced upon any; and that all Steps in the Chancels, raised towards the Altar, within these Fifteen Years last past, shall be leveled.

"2. That Crucifixes, scandalous Pictures of any of the Persons of the Trinity, are to be abolished, without Limitation of the Time since their Erection; and all Images of the Virgin Mary, that have been set up within Twenty Years, to be abolished.

"3. For the Ceremony of bowing at the naming Jesus, it shall not be enjoined nor prohibited to any Man."

Ordered, That the rest of the Particulars shall be considered of To-morrow Morning.

A Message was brought from the House of Commons, by Mr. Waller:

Message from the H. C. to sit To-morrow.

To let their Lordships know, that the House of Commons intends to sit To-morrow, and then they intend to have a Recess; and they desire that this House would sit likewise.

Ordered, That this House will sit To-morrow in the Morning, and will make a Recess at One a Clock, until the 20th Day of October next, as was formerly agreed upon, unless some emergent Occasion happen in the mean Time.

Answer.

(fn. 6) The Messengers of the House of Commons being called in, the Lord Keeper told them, what this House had Ordered, as aforesaid.

Dutton, Order about his Books.

Upon reading the Petition of William Dutton, Clerk, it is Ordered, etc. That there shall be an Inventory taken of the Books of the said William, remaining in a House in Aldersgate Street, London, late in the Possession of the Right Honourable Mary Countess of Thumond, and Security given to the next Justice of the Peace, to the Value of the said Books, that he will be responsible for the same, if any Man hereafter shall make Title to them; and, upon this Security so given, the said Books shall be delivered into the Hands of the said William Dutton, by the Oversight or Direction of the Two next Justices of the Peace unto the said House.

Order about Allen and his Creditors.

Upon the humble Petition of John Allen, read this Day in the House; it is Ordered, That Mr. Smith, Secretary to the Lord Admiral, is thereby required from their Lordships, in respect of the Poverty of the said Petitioner, to assist him in his Business, so far forth as he may, by Mediation with his Creditors, which, by Order of this House, hath been referred unto the said Lord Admiral, to acquaint the Ambassador of France withall, as by the Order of this House may appear.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 9^m diem instantis Septembris, hora 7^a, Dominis sic decernentibus.