House of Lords Journal Volume 5: 16 August 1642

DIE Martis, videlicet, 16 die Augusti.

PRAYERS.

The Lord Kymbolton was appointed to be Speaker this Day.

Commissioners of Array.

Next, was read a Letter, with a Copy of the Warrant of the Commissioners of Array, to appear, at a certain Day, with their Arms.

Sir Bevill Greenvill and Mr. Arundel sent for, as Delinquents.

Ordered, That these Letters be communicated to the House of Commons; and that Sir Bevill Greenvill and Mr. Jo. Arrundell be sent for, as Delinquents.

Sir John Sackvile's Examination about Contributions to the King.

The Lord General informed this House, "That the Committee have examined Sir Jo. Sackvill, concerning Contributions and Subscriptions which some Gentry of Kent have made to His Majesty, for maintaining the War. The Ground of this was upon a Letter of Sir Edw. Nic. to him."

A Letter of Sir Ed. Nicholas was read, concerning this Business. (Here enter it.)

"That, after the Examination of Sir Jo. Sackvile, who carried himself very sullenly before the Committees of both Houses, the Committees committed him to the Prison of The Fleet."

Sir J. Sackvile committed to The Fleet.

Ordered, That this House doth approve of the Commitment of Sir Jo. Sackvile; and there he is to remain, until the Pleasure of this House be further known.

A Message was brought from the House of Commons, by Sir Thomas Dacres, Knight:

Messagefrom the H. C. for the Lords to concur in the following Orders.

To desire their Lordships Concurrence, in these Orders following: videlicet,

1. Concerning the Magazine at Hertford to be removed to a safe Place. (Here enter it.)

Agreed to.

2. The Money come in upon Subscriptions for Dorsettshire to be paid to Mr. Holles and Sir Walt. Earle. (Enter it here.)

Agreed to.

3. To pay to Mr. Jo. Rusworth One Hundred and Fifty Pounds. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all these Orders now brought up.

To have Conference with the House of Commons, concerning Mr. Maxwell's Bill, Lieutenant of The Tower's, and Colonel Butler's Petition.

Message from the H. C. for the Lords to concur in the following Orders.

A Message was brought up from the House of Commons, by Mr. Greene; who desired their Lordships Concurrence in these Three Orders following: videlicet,

1. An Order to pay Forty Pounds to Urbanus Vigors. (Here enter it.)

Agreed to.

2. An Order to transport Fifteen Thousand Pounds to the Scotts Army at Carrickfergus. (Here enter.)

Agreed to.

3. An Order concerning the Payment of One per Centum, for the Defence against the Pirates. (Here enter it.)

Agreed to.

Message from the H. C. for the Lords to concur in the following Declaration and Order.

A Message was brought from the House of Commons, by Mr. Marten; who desired their Lordships Concurrence in these Declarations:

1. A Declaration to declare those Enemies to the King and the Parliament, that assist His Majesty with Horse and Money, etc.

Some Alterations made in this, and to be sent down to the House of Commons.

2. An Order of Indemnity to the City of Canterbury This Order to be made general.

The Answer returned was:

Answer.

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

Message to the H. C. with the Warrant and Commission of Array from Cornwall.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To deliver them the Instructions passed Yesterday, with the Amendments; and deliver to them the Letter, and Warrant, and Commission of Array, received this Day from Cornwale; and to let them know, that this House have Ordered Sir Bevill Greenvill and Mr. Jo. Arrundell to be sent for, as Delinquents.

Message from the H. C. that the Dutch supply the Enemies of the Parliament with Arms, etc. and for their Ambassador to be moved about it;

A Message was brought from the House of Commons, by Sir Phillip Stapleton, Knight:

That the House of Commons have received Intelligence, that The States of Holland have furnished the Enemies of the Parliament with Arms and Ammunition; and a Ship is come into the River of Teise, with Arms: The House of Commons desires that their Lordships would join with them, to send a Messenger to The States of Holland and the Prince of Orange, to let them know, that the Parliament takes Notice of this, and to desire that no such Supply be; and to let them know, how nearly it concerns the Amity and Friendship of this Kingdom and them: That the appointing of the Messenger they leave to their Lordships Appointment, and to give the Committee Power to consider of it.

to prosecute the War against the Rebels in Munster;

2. They taking into Consideration the distressed Condition of the Province of Munster, whither the whole Body of the Rebels are gathered; and, considering that the Army about Dublyn hath done nothing a long Time, the House of Commons think it fit, and desire, that their Lordships would please to join with them herein, that the whole Body of the Scotts Army which is in Ulster shall march into Munster, and prosecute the War there against the Rebels.

and for the L. Lieutenant to go immediately to Ireland.

3. And, in regard of the long Stay of the Lord Lieutenant of Ireland at Yorke, they cannot any longer depend upon his Stay; but are resolved to send a Post to Yorke, to let the Lord Lieutenant know, that Thursday come Sevennight is the positive Day that the Parliament expects him to be at Chester, and to go from thence presently into Ireland.

Message to be sent to The States of Holland.

Ordered, That this House agrees with the House of Commons, concerning sending a Messenger to The States, and the Prince of Orange; and the Committee for the Safety are to consider of a fit Messenger.

The War to be prosecuted in Munster.

Ordered, That this House agrees that the Army of the Scotts in Ulster shall be removed into Munster.

L. Lieutenant of Ireland's Departure haltened;

Ordered, That this House agrees to send a Post to Yorke, to the Lord Lieutenant, to be at Chester by Thursday come Sevennight, and to go into Ireland presently.

5000l. for him.

Ordered, That Five Thousand Pounds be so paid over, to the Use of the Lord Lieutenant, as that it shall be ready against the Lord Lieutenant shall come into Ireland.

E. of Ormond to be wrote to, about the Inactivity of the Army at Dublin.

It was moved, "That the Earl of Ormond should be written to, to let him know that the Parliament of England expected more Action should have been done with those Forces at Dublyn."

Jackson, for Words against the Parliament.

Ordered, That Jackson, that spoke the Words against the Parliament, shall be brought to this House on Thursday next.

E. of Berks, Sir J. Curzon, and other Commissioners of Array apprehended in Oxfordshire.

To be committed to The Tower.

The Lord General informed this House, "That, according to a Warrant of the Committee, the Earl of Berks, Sir Jo. Curzon, Knight, Sir Robt. Dormer, Ric. Branthwaite, and Barthol. Hone, are apprehended, by Mr. Goodwin, in Oxfordshire; and that they will be brought to Town this Afternoon:" Hereupon it is Ordered, That this House doth approve of their apprehending; and that Mr. Goodwin shall deliver them over to the Gentleman Usher, who shall take them into his Custody, and deliver them over to the Lieutenant of The Tower; and the Lieutenant of The Tower shall take them into his Custody, and bring them before this House To-morrow Morning, at Ten of the Clock.

Declarations sent to the H. C.

The Amendments in the Two Declarations were read, and approved of, and were sent down by Dr. Aylott and Dr. Heath.

Petition from Devonshire.

A Petition from the County of Devon was presented to this House, and read, together with a Copy of a Petition presented to the King by them. (Here enter them.)

The Answer returned was:

Thanks to the Petitioners.

"That this House takes Notice of an Expression in their Petition to the King, to maintain the Privileges of Parliament, for which this House gives them Thanks, and will take their Petition into Consideration."

Hill's Goods taken away at Hammersmith.

The House being informed, "That some, under Pretence of being Soldiers, have robbed and taken away the Goods of one Hill and, at Hamersmith." Hereupon this House Ordered, That the Two next Justices of the Peace shall examine this whole Business, and who they were that took these Goods away, and make Report thereof to this House; and then further Directions herein will be given.

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

Answer from the H. C.

That the House of Commons do agree with this House in all, and have appointed a Committee, to join with a Committee of Lords, to consider of the Letters sent from The States of Hamburgh.

L. General to prevent Riots among the Soldiers.

Ordered, That an Order be drawn, to desire the Lord General to give Command, That the Officers do go along with the Soldiers, to keep them in Order, and to prevent them from doing any Robbery or Spoil to any Houses; also that another Order be drawn, to command the Justices of the Peace to prevent and suppress Riots; and that the Officers of the Trained Bands do raise the Trained Bands, if there be Occasion, to suppress Riots and Tumults.

Ordered, That the Lord Viscount Say & Seale and the Lord Grey do prepare a Draught of these Two Orders, and present them to the House.

Message from the H. C. for the Lords Concurrence in Two Orders.

A Message was brought from the House of Commons, by Sir Anthony Earby:

To desire their Lordships Concurrence in Two Orders:

1. Concerning the bringing in Arms, etc.

Agreed to.

2. Concerning apprehending of all such as do execute the Commission of Array, etc.

Agreed.

Answer returned was:

Answer.

That this House agrees with the House of Commons in these Two Orders.

A Minister sent for from Bedfordshire, for preaching against the Parliament.

The House was informed "That one a Minister, in Bedfordshire, hath delivered in his Sermon Words tending to the Scandal of the Parliament:" Hereupon it is Ordered, That the said Mr. , Minister, and Mr. in whose Parish the Sermon was preached, shall be sent for, to appear before the Lords in Parliament, to answer the same.

Secretary Nicholas's Letter to Sir John Sackvile, about Contributions for the King.

"Noble Sir,

"I have acquainted His Majesty with the Contents of yours of the 6th present, and shewed to Him the List you sent of Subscriptions for Contributions to His Majesty; and am, by His Command, to render to yourself His Majesty's Thanks, and to desire you to present as much to all the Gentlemen that so freely and seasonably contributed towards His Majesty's Charge. You may please to direct those Gentlemen, either to return the Money they have subscribed, to pay to His Majesty's Treasurer at War (Sir Wm. Udall) here, or to think of some Course how it may be paid here Monthly, or for the Three Months together, as most here pay, to save the Trouble of several Payments.

"There came Saturday, into The Tease, a Ship loaden with Arms and Munition for the King, and great Store of Powder. This Evening, we have News that the Earl of North'ton hath taken at Banbury the Five Cannon and Munition sent by the Two Houses of Parliament, to be put into Warwicke Castle; and these are valiantly rendered by Colonel Fynes (the Lord Saye's Son), without any Blows. I am, Sir,

9th August, 1642.

"Your affectionate Friend, and humble Servant,

"Edw. Nicholas."

Devon Petition to the Parliament.

"To the Honourable Houses of the Lords and Commons assembled in Parliament.

"The humble Petition of the County of Devon, from their late General Sessions,

"Sheweth,

"That your Petitioners having made their humble Address unto His most Excellent Majesty,' on the Behalf of those Honourable Houses and themselves, now in this Time of dangerous Distraction, conceiving it a Duty owing to your Wisdom, Fidelity and Pains, to be made acquainted with the Contents, whereof a Copy is humbly presented; thereby your Honours may perceive what Sense your Petitioners have of your perplexed Condition, and what Esteem of Parliament Privileges, the Pillars of their Religion, Liberty, and Propriety; that we do now also apply ourselves to your Honours for a Compliance with His Majesty, it seems most necessary, that we may appear unpartial in our Respects, unchangeable in our Loyalty. We beseech you to take it in good Part, though we be Suitors for that which we are assured you intend; that, for the speedy stopping of those Miseries of Ireland, and Prevention of our own, you will be pleased, above all Things, to continue the Study and Endeavour of the Pacification of our Royal Sovereign, whom we find, to our infinite Sorrow, to be highly incensed. Great Hearts are best wrought upon by submissive Intercessions. It shall be your Honour to make them in the humblest Way your Wisdoms can devise; saving to Posterity the fundamental Rights of Parliament. Two Acts we chiefly pray for, one of Forgiveness, another of Forgetfulness. A few Examples made upon Delinquents are as prevalent Warnings as a Multitude: Forbearance doth sometimes win, when Severity exasperates. Distractions are amongst us, through various Commands, hardly to be reconciled but by the Unity of King and Parliament. Unity in Religion, Unity in loyal Affections to His Majesty, will, according to our Protestation, by God's Mercy, keep us still in Peace and Charity. The Lord grant it, by your Honours most approved Industry, to the Preservation of His Majesty, and His Dominions, in the true Protestant Religion, to all Posterity. So your Petitioners do always pray, etc.

"This Petition was read and published in open Court, and unanimously consented unto, nemine contradicente.

"Tho. Shapcott, Clericus Pacis."

Devon Petition to the King.

"To the King's most Excellent Majesty.

"The humble Petition of the County of Devon, from their late General Sessions.

"Most Gracious and Dread Sovereign,

"Your poor dejected Suppliants cannot so far neglect our own Duties and Affections, as to be silent, either in our incessant Prayers to God, for the Augmentation of Your Majesty's Honour, Your own and Your Kingdom's Preservation, which are inseparably bound up together; or, in these Times of public Calamity, in our Petitions to Your Majesty: The lamentable Distractions and Convulsions, whereby each Member is drawn from the other, and each loyal Heart rent within itself, makes us fly to Your Majesty as a Physician to cure us, and fall at Your Feet as a compassionate Father to relieve us; being confident that Your Majesty owns as well a Will as an Ability to help. The Debt we owe, our Joy and Gratitude, through Your Majesty's Bounty and Goodness, commands to acknowledge, in the highest Pitch of Thankfulness which either Love or Duty can present, our Obligation to Your Majesty, for passing so many good Laws, for Your and Your Kingdom's Benefit; and yet the unhappy Differences between Your Majesty and both Houses of Parliament have, to our unexpressible Grief, bereaved us of the Fruit which we were ready to reap, and left us nothing but Complaints, Tears, and Prayers, to feed on. Your Majesty commands our Obedience to the Commission of Array; whilst both Houses of Parliament adjudgeth us Betrayers of our Liberty and Property if we do so. They persuade Submission to the Militia; whilst Your Majesty proclaims it unlawful, and derogatory to Your Prerogative. How unhappy are we here, made Judges in apparent Contraries! In how hard a Condition are we, whilst a Twofold Obedience, like Twins in the Womb, strives to be borne to both! We cannot choose but look upon the Privileges of Parliament with a natural Affection; from our Father's Loins, we derive a Touch that leads thither, as the Needle to the Load-stone; we desire to preserve them, because the Death of Liberty, without the Support, is inevitable. Our hearty humble Petition now is, that Your Majesty would be pleased, as You have graciously offered, to grant Your general Pardon of all Things mistaken or misdone; and that You would be pleased to reinstate Your Great Council in the same Affections You and Your Royal Ancestors have been towards them, and to enliven Justice by Your Presence and Union with it, in such Way and Manner as to Your Excellent Wisdom shall be thought meet, for closing up the present Breaches of this distracted, and the other bleeding Kingdom of Ireland; the which we also humbly supplicate to the Honourable Houses of Parliament. We are not presumptuous to petition for the Way, but humbly beg the End. Pardon, we humbly beseech Your Majesty, this Boldness of Your Petitioners, whose Lives, Fortunes, and utmost Powers, according to our several Oaths and Protestations, are totally and loyally at Your Majesty's Commands. The Lord direct and protect Your Majesty and Your Parliament, to His Glory. So prayeth, etc.

"This Petition was read and published in open Court, and unanimously consented unto, nemine contradicente.

"Tho. Shapcott, Clericus Pacis.

"That this is a true Copy, is humbly (fn. 1) certified by us the Bearers,

"Jo. Southcott, E. Fortescue."

"Martis, 16 Augusti, 1642.

Collection for Relief of Captives.

"Whereas, by an Act made this present Parliament (intituled, An Act for the Relief of the Captives, taken by the Turkish, Moorish, and other Pirates, and to prevent the taking of others in Time to come), all Merchants, as well Denizens as Aliens, for any Goods exported or imported, from the Tenth Day of December, 1641, during the Term of Three Years then next ensuing, are to pay One in the Hundred, according to the Rates to be established by Parliament, within the Time therein mentioned; the Collection whereof is, by the said Act, committed unto the Care and Trust of the Lord Mayor of London, and the Chamberlain, for the Time being, or their Deputies, who have omitted their Duty, in not appointing their Deputies in the Out Ports of this Kingdom of England, and Dominion of Wales, whereby an Accompt of the said Duty might be justly and duly made; and inasmuch as, by Ordinance made by the Lords and Commons assembled in Parliament, it is Ordered, That all such Merchants as shall not advance Money, by Way of Loan, as therein is expressed, shall, at all Times hereafter, upon Entry of their Goods, make Payment of ready Money for their said Goods, according to the Tenor of the said Bill, and likewise all such other Sums of Money as, by virtue of the said Bill, are due from the said Merchants, upon Bill or otherwise, for Goods by them formerly entered since the Tenth Day of December, 1641; and seeing no Man is yet appointed to take Charge of the Execution of the said Collection in any of the Out Ports as aforesaid: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That the Collectors, or Commissioners, who have formerly received the several Duties upon Merchandizes, and are now appointed to receive the Customs, according to the Ordinance made in that Behalf, do forthwith give Order unto their several Deputies, in the Out Ports of this Kingdom, and Dominions of Wales, to collect the said Duty of One per Centum of all such Merchants as refuse to pay by Way of Loan the Customs appointed to be paid by the said Ordinance as aforesaid, or otherwise to take Bond only of all such others as conform themselves to the Loan of the said Customs, for the Payment of the said One per Centum, or so much thereof as shall be agreed on by the Lords and Commons in Parliament, according to a former Order made to that Effect; and to return their Accompts hereof, from Time to Time, unto the said Commissioners; who, for so doing, shall be saved harmless, against any Question whatsoever, by Authority of Parliament."

"Martis, Augusti 16, 1642.

Order for 15,000l. for the Scots Army at Carrickfergus.

"It is this Day Ordered, by the and Commons, That the Lords and others, Commissioners from the Kingdom of Scotland, shall have Liberty to transport Fifteen Thousand Pounds, in Specie, to Carrickfergus, in the Kingdom of Ireland, for the Use of the Scottish Army there; and that, for the speedy and safe Transportation of the said Monies, all Captains of Ships that are now in The Downes, or elsewhere, in His Majesty's Service, and their said Ships being not designed for any important Employment, are hereby required to receive on Board the same Monies, from the said Commissioners, or Persons intrusted by them, and to transport the same safely, and as speedily as may be, to Carrickfergus; where having delivered the said Monies, then to return and put in Execution his or their former Instructions: And it is further Ordered, That the said Commissioners, or Persons trusted by them, shall hereby have full Power and Authority, from Time to Time, as there shall be Occasion, to cause Vessels to be taken up, for the Transportation of the said Monies, the Master or Owner of such Vessel receiving Satisfaction for the same, according to the usual Rates; and that they fail not at their Perils."

"Die Martis, 16 Augusti, 1642.

Order for 150l. to Mr. Rushworth.

"Whereas One Hundred and Fifty Pounds was, on the 6th of June last, Ordered by the House of Commons to be paid to Mr. John Rushworth, for his Pains and Fidelity in several Services wherein he was employed from this House to the North, the which he hath not yet received: It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Sir Gilbert Gerrard, Treasurer at Wars for the Army now raised by the Parliament, do forthwith pay unto the said Mr. John Rushworth the said One Hundred and Fifty Pounds, according to the former Order."

"Die Martis, 16 Augusti, 1642.

Urbanus Vigors 40l. Contributionmoney.

"Upon the humble Petition of Urbanus Vigors, Vicar of Letrim, in the County of Corke, in Ireland, and upon a Certificate made of the Losses: It is thereupon Ordered, by the Lords and Commons now assembled in Parliament, That the said Urbanus Vigors shall have Forty Pounds allowed him, out of the Contribution-money for Ireland, collected in the County of Devon; and the Treasurers and Collectors thereof, or in whose Hands else the said Monies are, are appointed to pay the same accordingly; and his Acquittance shall be your sufficient Discharge upon your Accompts."

"Die Martis, 16 Augusti, 1642.

Order for securing the Magazine at Hertford.

"It is this Day Ordered, by the Lords and Commons, That the Magazine at Hertford, which belongeth to the County, and is there laid up at this Time in a Place of Danger, shall be removed, by Gabriel Barker, Isaack Puller, Humphrey Packer, John Dyer, and Joseph Dalton, Inhabitants of Hertford, into the Town House, or to such other Place of Safety, in the said Town of Hertford, as shall be thought fitting by them; and they are Ordered to see it safe kept, for the Use of the said County; and that none of it be issued. out but by the Consent of Three of them at the least, excepting Three Barrels of Powder, with Match and Bullet proportionably, which belongeth, and shall be issued out by them, to be sent to Buntingford, for the Use of the Bands of Edwinstre and Odsey Hundred, in the said County of Hertford."

"Die Martis, 16 Augusti.

Propositionmoney in Dorset to be disposed of, for the Safety of the County.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Money subscribed and advanced in the County of Dorsett, and Town of Dorchester, upon the Propositions for bringing of Horse, Money, and Plate, and paid in to the Commissioners in London, be delivered to Densell Holes, Esquire, and Sir Walter Earle, or either of them, to be disbursed by them, or either of them, upon Accompt, for the Safety of the aforesaid County and Town."

"Die Martis, 16 Augusti, 1642.

Persons bringing in Arms for the Use of the Army, to be re-paid.

"It is this Day Ordered, by the Lords and Commons in Parliament, That whosoever shall bring in any Muskets, Pikes, or Corslets, and shall either use them themselves, or lend them to be used or borne by any other, for the Service of the King and Parliament, that the Colonel, or Lieutenant Colonel, of whose Regiments the said Arms shall be borne, shall value the said Arms; and the Owners shall be re-paid for them in the same Manner as such as have lent Money, Plate, or Horses, upon the Propositions agreed by the Lords and Commons."

"Die Martis, 16 die Augusti, 1642.

Order to suppress the Commissions of Array, and for apprehending the Abettors of them.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That those that have shewed themselves Countenancers of the Commissions of Array, in all Counties, be forthwith disarmed; and that the principal Actors therein be forthwith sent up, as Delinquents, to the Parliament; and that the Lords Lieutenants and Deputy Lieutenants, in all Counties, be enjoined and authorized to employ the Power of the County, for the Apprehension and Disarming of them, and likewise to pursue them from County to County; especially Marquis Hertford, the Lord Pawlett, Sir Jo. Stowell, Mr. Smith, Sir Ralph Hopton, Sir Tho. Lunsford; Sir John Meaurson, Sir Lewes Dives, the Lord Willoughby Son to the Earl of Northampton, Lord Seymour, and all others their Adherents and Complices."