House of Lords Journal Volume 5: 15 September 1642

DIE Jovis, videlicet, 15 die Septembris.

PRAYERS.

The Lord Grey de Warke was appointed to be Speaker this Day.

Message from the H. C. for Concurrence in the following Orders;

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

To desire Concurrence in divers Orders and Ordinance, which have passed the House of Commons.

1. Concerning the settling of the Officers of the Navy. (Here enter it.)

Agreed to.

2. An Order to establish a Secretary of the Commissioners for the Navy. (Here enter it.)

Agreed to.

3. An Order that the City of Gloucester shall employ Seven great Horses, taken of the Lord Herbert's, to the Defence of the said City, etc. (Here enter it.)

Agreed to.

4. An Order to secure Monies borrowed of the Merchant Strangers. (Here enter it.)

Agreed to.

5. An Order to pay Four Thousand Three Hundred Thirty-three Pounds, Six Shillings, and Eight Pence, to the Scotts, for Oatmeal, etc. (Here enter it.)

Agreed to.

6. To desire Approbation for John Fitz-James, of Lewson, Tho. Tregunnell, and John Hannam, Esquires, to be Deputy Lieutenants of the County of Dorsett.

Approved of.

and for a Conference, about an Answer to the King's last Message.

7. To desire a present Conference, by a Committee of both Houses, concerning an Answer of both Houses to the King's last Message.

Agreed, To give a present Conference, in the Painted Chamber.

The Answer returned:

Answer to the H. C.

That this House agrees in all the Orders and Ordinances now brought up; and that their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Hone's Petition.

Ordered, That Mr. Hone's Petition, and his Offence, shall be taken into Consideration when (fn. 1) the Lord Viscount Say & Seale returns out of Oxfordshire.

Message from the H. C. with Deputy Lieutenants Names for Essex;

A Message was brought from the House of Commons, by Sir Christofer Wray:

To desire their Lordships Approbation, that Sir Henry Holcroft, Sir Wm. Roe, Sir Wm. Marten, and Mr. Jo. Sayer, may be Deputy Lieutenants for the County of Essex.

Agreed to.

and that they may communicate some Irish Affairs at the Conference.

2. To desire that, at this Conference now desired, they may acquaint their Lordships with some Particulars concerning the Affairs of Ireland.

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in all this Message.

Le Cæur's Commission renewed.

Ordered, That the Commission of Mr. Le Cæurs shall be renewed for Six Months longer.

Chapman and Masters's Petition.

Upon the humble Petition of George Chapman and Rob't Masters; Ordered, To be referred to the Committee for the Safety of the Kingdom.

Message to the H. C. for a Conference, about Lord Strange's Impeachment, how he may be brought to Trial.

The House taking into Consideration what Course to take, for sending for to summons the Lord Strange, to appear and answer his Impeachment of High Treason; and considering that, if Messengers be sent they will be imprisoned, and if Proclamation-writs be sent down they will not be sealed: Therefore this House thought it fit to communicate this to the House of Commons, to advise in this Case how Delinquents may be brought to Trial. And a Message was sent to the House of Commons, by Sir Rob't and Mr. Page, to desire that, at this next Conference, the Lords may have a Conference, concerning the Impeachment of the Lord Strange.

And the Earl of Holland was appointed, at this Conference, to deliver the Sense of this House concerning this Matter.

The House of Commons being come to the Conference, it is Ordered, To have a Conference Tomorrow.

House adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

L. Lovelace admitted to his Place.

The Lord Lovelace was called in, and admitted to his Place; and the Speaker, by Directions of the House, told him, "That he had committed an Offence, in going away without the Consent of the House, contrary to the Order and Resolutions of the House; but, upon his voluntary Return, and upon his Submission, and in Hope that his Lordship will give his Attendance upon this House according to his Duty and Writ, their Lordships are willing to receive him, and pardon his Offence past."

Report of the Conference about the Answer to the King's last Message.

Next, the Speaker reported the Answer of both Houses to the King's last Message, which was read.

The House thought fit to refer it to these Lords: videlicet,

Committee to consider of it.

Ordered, That the rest of the Report of this Conference shall be made To-morrow.

L. Strange's Impeachment to be printed.

Ordered, That the Impeachment against the Lord Strange shall be printed and published.

Checkley committed to Newgate.

Ordered, That Checkley shall be committed to Newgate, there to remain until the further Pleasure of this House be known.

"Die Jovis, 15 Septembris, 1642.

Order for Relief and Indemnity to Gloucester, and for them to keep some Horses of L. Herbert's they had seized.

"Whereas Information hath been given to the Lords and Commons assembled in Parliament, That Seven great Horses, or Geldings, of the Lord Herbert, Son to the Earl of Worcester, was lately brought to the City of Glocester, to be employed (as is justly suspected) upon some Design against the Parliament; and that great Endeavours are used, by divers Commissioners of Array, and other ill-affected Persons, in the several Counties of Hereford, Monmouth, Glamorgan, Carmarthen, Brecknock, and Radnor, to draw the said Counties, by Way of Association against the Parliament and their Adherents, and in Particular against the said City, as a Place the most advantageous for the Furtherance of their malignant Designs: Therefore, upon the humble Desire of the Citizens of the said City of Gloc'r, and for the better Preservation of the Safety of the said City, being a Place of great Importance, and of the Counties and Parts adjoining; it is thought fit, and Ordered, by the said Lords and Commons, That the Mayor, Aldermen, and Citizens of the said City, shall have the Use and Disposal of the said Horses, for the Defence of the said City and Parts adjacent, and the Service of Parliament; and, that, for the same Purpose, they shall have Power to raise One or more Troop or Troops of Horse and Men, and to train, exercise, and employ the same, and other Forces of the said City, as by the Ordinance concerning the Militia is appointed; and further, that, for their better Encouragement and Assistance in this Behalf, some such small Pieces of Ordinance shall be forthwith sent down to the said City, to be used, ordered, and employed for the Uses and Purposes aforesaid, as to them shall seem most meet and expedient; and that they, and every of them, in so doing, shall be protected and assisted by the Power and Authority of both Houses of Parliament."

"Die Jovis, 15 Septembris, 1642.

Order to secure the Repayment of Money advanced by the Inhabitants of London.

"Whereas, amongst many other great and unspeakable Blessings of Almighty God upon this Parliament, it hath pleased Him to stir up the Hearts of many good and well-affected People, to yield their willing and ready Help and Assistance, to the Supply of the great and pressing Necessities of this Kingdom, and the Kingdom of Ireland; and whereas the Inhabitants within the City of London, and the Liberties thereof, have expressed their Willingness to contribute to the Support of that great Charge the Kingdom is now necessitated to undergo, for the Preservation of the true Protestant Religion, and the lawful Liberties of the Subject (who are neither Members of those Companies in London which formerly did advance great Sums, nor Merchant Strangers, who have now also declared themselves to do the like); (fn. 2) for which the Lords and Commons in Parliament do, in the Name of themselves and the whole Kingdom, give them very hearty Thanks; and, for the Security of the same, do Declare and Ordain, That all Sums of Money, that shall be lent by any Person or Persons aforesaid, for the Service of the Parliament, and brought into the [ (fn. 3) Chamber of London, and paid in to the] Chamberlain thereof, shall be duly re-paid, with Interest, after the Rate of Eight Pounds per Centum for a Year, so long as any such Monies shall be forborn; for the Performance whereof, they do hereby engage the Public Faith of the Kingdom; and the Hand of the Chamberlain, subscribed to a Note of Receipt, shall be sufficient to demand any Sum so lent; and such Monies as shall be so lent shall be disposed of for the Uses aforesaid, as shall from Time to Time be directed by the Committee for the Defence of this Kingdom."

"Die Jovis, 15 Septembris, 1642.

Order for 6533 l. 6s. 8d. for Supply of the Scotch Army in Ulster.

"It is this Day Ordered, by the and Commons in Parliament, That Four Thousand Three Hundred Thirty-three Pounds, Six Shillings, and Eight Pence, for Oatmeal sent into Ireland for the Scotts Army in Ulster, and Twelve Hundred Pounds remaining due for their Baggage-horses, and One Thousand Pounds, Part of the Two Thousand Pounds allowed them for incident Charges, amounting in all to the Sum of Six Thousand Five Hundred and Thirtythree Pounds, Six Shillings, and Eight Pence, be paid by the Deputy Treasurer at Wars for Ireland, out of the Twenty-seven Thousand Pounds remaining in his Hands, formerly designed for Ireland, to the Scotts Commissioners, or their Agents."

"Die Jovis, 15 Septembris, 1642.

Commissioners of the Navy appointed.

"Whereas His Majesty, by His especial Command, hath lately laid a Restraint upon all the principal Officers and all other the Officers of the Navy, thereby in a Manner suspending the whole Government thereof, and altogether interrupting the Affairs of the same, so as no Provisions can be orderly received in, or issued out, of the Stores, for the Use of the Fleet now at Sea, or any Fleet hereafter to be employed for the Defence of the Kingdom, nor any Care to be taken of the Actions of the inferior Officers, whereby the Service of the Navy and Kingdom is like to be much damnified, if timely Remedy be not applied, to prevent the aforesaid Inconveniences: We, the Lords and Commons assembled in Parliament, having taken the same into Consideration, and reposing especial Trust and Confidence in the Wisdoms and Fidelities of Sir Henry Vane, Junior, Knight, Giles Greene, John Roll, Samuell Vassall, Alexander Bence, Squire Bence, Captain William Batten, Captain Phinees Pett, Captain Richard Cranley, Captain John Morris, Captain Roger Tweedy, and John Holland, Esquires, have nominated, ordained, and appointed, and by these Presents do nominate, ordain, and appoint, you, and every One of you, to be Commissioners for the Affairs of His Majesty's Navy; and do hereby give full Power and Authority unto any Three or more of you, not only to examine all such Books, Bills, and other Writings for Payments, concerning the Business of the said Navy or Shipping, which, by the Comptroller, Surveyor, or Clerk of His Majesty's Navy, formerly, or by any of them, should or ought to be, or have used to be, examined; and, after the Examination had thereof, to rate, vouch, and sign the same, in such Manner and Form as heretofore have been used and accustomed by the said Comptroller, Surveyor, and Clerk of the Navy; and to make, examine, and vouch, Estimates and Certificates for Receipts, and examine, sign and vouch, all and singular Books of the Accompts and Reckonings of the Treasurer for the Affairs of the Navy for the Time being, appointed by both Houses of Parliament; but also to do, execute, direct, order, and perform, all and singular Thing and Things whatsoever, appertaining to the Well-government of the Navy, which the said Comptroller, Surveyor, and Clerk of the Navy, or any of them, did or ought to have done, by Form or by Virtue of any Grant or Grants, Commission, or Commissions, formerly given and granted to them, or any of them, by His Majesty, or by Virtue of their Offices, or any of them, or otherwise howsoever: And we, the said Lords and Commons, do hereby require and command all the Clerks of the Cheque and Stores, the principal Masters, and Master Shipwrights, and all other inferior Officers and Ministers in the Navy whatsoever, from henceforth, (fn. 4) to be aiding, attending, and assisting unto you, the said Commissioners, or any such Three or more of you as is aforesaid, as appertaineth, as they will answer their Contempt therein to us, the said Lords and Commons; and, for the Furtherance of this Service, and Restraint of the Liberty heretofore taken by Inferiors to the Prejudice thereof, we do also hereby give Authority to you, the said Commissioners, or any Three or more of you, to correct or punish the said Under Officers, or others, which shall neglect their Duties, or misbehave themselves in their Charges, either by Defalcation of Wages, or Suspension from their Places, and Substitution of others in their Rooms, if Cause so require, until further Order be given for their final Removing, or otherwise, as shall be thought fit: And we, the Lords and Commons, for the better and more ready executing of this Commission, and Service herein, do appoint you, Captain William Batten, by yourself or your sufficient Deputy, to have the particular Charge and Employment of the Survey of the Ships; and do hereby give you full Power and Authority to provide for their compleat Rigging and Equipage, and for Allowance of Sea Stores, and taking their Remains, and indent with the Boatswains and Carpenters for the Time being, and to take all such Surveys and Accompts, and to do all such other Things, as the Surveyor of the Navy, or his Deputy, heretofore hath done, or ought to have done, or now ought to do, by Virtue of any Grant or Commission from His Majesty, or by Virtue of His Office, or otherwise; you, or either of you, acquainting Three or more of the aforesaid Commissioners herewith, and following their Directions herein, for your better and more justifiable Proceedings: And we, the said Lords and Commons, do further Ordain, That you, or any Three or more of you, the Commissioners aforesaid, shall have Power and Authority to appoint, from Time to Time, One able Clerk, or more, to attend you, the said Commissioners, to register your Accompts, and to make Warrants, Bills, Books of Comptrollment, and to do, write, and prepare, all other Things, according to such Directions as you, or any Three or more of you, shall give to him or them, who shall have such Allowances for the same as by the major Part of you shall be thought fit: And, for the better Encouragement of you, Captain William Batten, Captain Phinees Pett, Captain Richard Cranly, Captain John Morris, Captain Roger Tweedy, and Mr. John Holland, to execute and perform the Services aforesaid, it is further Ordained, That such Salary and Allowances as is hereafter mentioned shall be made unto you, Captain Wm. Batten, Captain Phinees Pett, Captain Richard Cranly, Captain John Morris, Captain Roger Tweedy, and Mr. John Holland; that is to say, to you, Captain Batten, all such Fees and Allowances, for yourself and your Clerks, as hath been formerly granted unto you by His Majesty, as Surveyor of the Navy; to Captain Pett, the same Allowances also that was granted to you by His Majesty; and to each of you, Captain Richard Cranly, Captain John Morris, Captain Roger Tweedy, and Mr. John Holland, the Sum of One Hundred Pounds per Annum; all which several Sums shall be paid to you, and each of you respectively, by the Treasurer of the Navy for the Time being, appointed by both Houses of Parliament, by even Portions, Quarterly; the said Treasurer being hereby fully authorized to make Payment of the said Sums as aforesaid, for so long Time as you shall be employed, by Virtue of this our Ordinance, in the Affairs of His Majesty's Navy, the First Payment to begin at the Five and Twentieth of December next ensuing the Date hereof: And for your Indemnity in the Execution of this Service, we, the said Lords and Commons, do likewise Declare and Ordain, That neither you, nor any of you, your nor their Heirs nor Executors, shall, at any Time hereafter, undergo or sustain any Loss or Damage, for whatsoever Services you shall do and execute in Obedience to this our Ordinance, and according to the Commands you shall from Time to Time receive from us, or the Committee for the Navy authorized by us; and that, if any Person or Persons shall, at any Time, question your Power, interrupt your Proceedings, or otherwise molest you, or your Heirs, for any Act done according to the true Intent of this our Ordinance, you shall have from Time to Time the Power of both Houses of Parliament, to defend and save you and them harmless and indemnified, to all Intents and Purposes: And, for your further Encouragement in this Service, we do hereby Ordain, promise, and allow, That the said Sir Henry Vane, Treasurer of the Navy for the Time being, appointed by both Houses of Parliament, shall pay, or cause to be paid, upon Bills vouched under Three or more of your Hands, Quarterly, to commence the Day of the Date of these Presents, all ordinary and usual Allowances, for Paper, Travelling Charges, and other Disbursements, for yourselves and your Clerks, in the Execution of this Ordinance, as hath been formerly accustomed."

Tho. Smith appointed Secretary of the Admiralty.

"Whereas we, the Lords and Commons in Parliament now assembled, have taken into serious Consideration, that, during the Vacancy of the Lord Admiral's Commission, and as the present Conjuncture of Affairs now stand in this Kingdom, there is a Necessity of employing some Person of Trust and Experience, to take upon him the Charge of Secretary for the Affairs of the Admiralty, by whose Care, Diligence, and Fidelity, such Services and Negotiations as appertain not only to the several His Majesty's Fleets at Sea, but likewise to the Admiralty and His Navy within the Land, may be transacted from Time to Time, as Occasion shall require, with the more Fidelity and Expedition; we, the Lords and Commons, have thought fit (out of the Confidence we have of your Wisdom, Knowledge, and Experience in Affairs of this Nature) to ordain, nominate, constitute, and appoint, and do by these Presents ordain, nominate, constitute, and appoint, you, Thomas Smith, Secretary as abovesaid, to give your constant Attendance upon both Houses of Parliament, and upon such Committees of theirs as shall have Relation to the Naval Affairs, and to act and put in Execution all such their Commands as they shall think necessary for the Well-governing and Ordering of the Admiralty Affairs at Home, or of the Fleets abroad, and to perform and do all other Thing and Things as may tend to the Advancement of the said Affairs, and as hath been accustomed or ought to have been done, by any Secretary of the Admiralty heretofore; and for your Indemnity in the Execution of this Service, we, the said Lords and Commons, do likewise Declare and Ordain, That neither you, nor any under you, yours nor their Heirs or Executors, shall, at any Time hereafter, undergo or sustain any Loss or Damages, for whatsoever Services you or they shall do in Obedience to this our Ordinance, and according to the Commands you shall from Time to Time receive from us, or the Committee for the Navy authorized by us, to regulate you in: And, for your further Encouragement herein, we, the said Lords and Commons, in Consideration of your Care and Pains in the Naval Affairs, and your Attendance on us or the Committee aforesaid, etc. as Cause shall require, do hereby give and grant unto you, the said Thomas Smith, for you and your Clerks, the Yearly Allowance of Two Hundred Pounds, which shall be paid unto you by the Treasurer of the Navy for the Time being, by even Portions, Quarterly, the said Treasurer being hereby fully authorized to make Payment of the said Sum as aforesaid, from Quarter to Quarter, for so long Time as you shall be employed, by virtue of this our Ordinance, in the Affairs of His Majesty's Navy; the first Payment to begin the Five and Twentieth Day of December next ensuing the Date hereof."

Adjourn.

Decima cras.