House of Lords Journal Volume 5: 17 September 1642

DIE Sabbati, videlicet, 17 die Septembris.

PRAYERS.

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

Order for putting Worcester in State of Defence.

The Order formerly brought from the House of Commons, concerning the putting of the City of Worcester into a Posture of Defence, was read. (Here enter it.)

Agreed to.

Order for Subscriptions in Bedfordshire.

Next, was read an Order to appoint Commissioners to take Subscriptions in Bedfordshire, for bringing in of Plate and Horse. (Here enter it.)

Agreed to.

Order for 15,000 l. to Mr. Frost, for Ireland.

An Order was read, to pay Fifteen Thousand Pounds to Mr. Frost, for Ireland. (Here enter it.)

Agreed to.

Instructions for the Committee going to Ireland.

Next, the Instructions for the Committees that are to be sent into Ireland were read.

1. Not agreed to, without adding some Words to express that, because the Ordering of the War belongs to the Lord Lieutenant.

2. The Second reflects upon the Lord Lieutenant's Honour.

The rest are agreed to.

Referred to the Earl Northumb', Earl Holland, and Lord Newnham, to make Alterations in these Two Articles.

Conference to be had with the H. C. about sending for Delinquents that are impeached;

It was moved, "to have a Conference with the House of Commons, to advise with them what Course is fit to be taken, for sending for those Delinquents that are impeached, and to bring (fn. 1) them to the Parliament, to receive their Trial, because, the Seal being with the King, Proclamation-writs, which are the legal Summons, are refused to be sealed."

Message to them for it, and about the Earl of Leicester's Letter.

And a Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a Conference, touching the Impeachments brought up by them against the Lord Marquis Herford, Lord Strange, and others, and concerning a Letter received lately from the Earl of Leycester.

Impeachment of the Marquis of Hertford, Lord Pawlett, Lord Seymour, and others.

The Impeachment of High Treason, against the Lord Marquis Herford, Lord Pawlett, Lord Seymour, Jo. Digby, Esquire, Sir Jo. Pawlett, Sir Jo. Stowell, Sir Ralph Hopton, Sir Charles Berkley, Sir Hen. Berkley, Sir Edw. Berkley, Sir Edw. Rodney, Sir Francis Doddington, Edmond Windham, Tho. Smith, and Edw. Kirton, Esquires, brought up Yesterday from the House of Commons, was read. (Here enter it.)

Impeachment of Weld, Sheriff of Shropshire.

Next, was read the Impeachment of High Crimes and Misdemeanors, brought up from the House of Commons, against John Weld, Esquire, High Sheriff of the County of Salop.

The Messengers return this Answer:

Answer from H. C.

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

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

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

1. To desire Concurrence in an Order concerning securing of Monies to the Merchant Strangers. (Here enter it.)

Agreed to.

2. To desire Concurrence in an Order made concerning the Town of Plymouth. (Here enter it.)

Agreed to.

and to expedite some Irish Affairs.

3. To put their Lordships in Mind of the Matter of the last Conference, concerning the Affairs of Ireland, and desire Expedition therein.

Ordered, That Expedition shall be given herein with all convenient Speed.

Answer to the H. C.

The Answer as abovesaid was given.

The Earl of Holland reported the Alterations made in the Instructions; which, being read, were approved of.

The Earl of Holland was appointed to deliver the Sense of this House at this next Conference.

Letter to be sent to One of the Secretaries, for the Royal Assent to the Instructions for the Irish Committee.

The Letter to be sent to One of His Majesty's Secretaries, desiring that the Instructions given to the Committees might receive His Majesty's Approbation, was read; and, some small Alteration being made, it was Ordered to be sent down, with the Instructions, to the House of Commons, for their Concurrence in the Alterations.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was (fn. 2) resumed.

Delinquents sent for, for not restoring Civet's Goods.

Ordered, That the Persons that refuse to restore the Goods of Mr. Civett, contrary to the Order of this House, shall be sent for to appear before this House, to answer their Contempt.

Ditto, for Mountague's Goods.

Ordered, That the Persons that refuse to restore the Goods of Mr. Mountague shall be sent for.

Examination about Doctor Pask's Letter to the Earl of Holland, about Disorders at Canterbury, being printed.

Doctor Paske was called in; and asked, by the Speaker, how the Letter written by him to the Earl of Holland came to be printed; and that he should be asked how it came to pass, that the Disorder was committed in the Church at Canterbury; and to set forth the Manner of it.

Touching the last, he said, "He conceived that there needs no Proof, for the Thing itself speaks it."

He said, "Captain Cockaines came to him for the Keys of the Church.

"In the Morning, the Church was beset that they could not [ (fn. 3) go to] Service.

"That the Soldiers entered into the Church.

"Sir Michaell Livesey and Captain Baynes commanded the Keys, to take out the Arms and the Magazine in the Church; and Captain Baynes went into the Church, and said, That the Foundation of the Cathedral Churches were naught, and he hoped to see the End of them: As for the Particulars, he refers himself to the Letter written to the Earl of Holland."

He said, "When he heard that the Letter was printed, he was very much troubled; and he professed, as he had a Soul to be saved, he never suffered a Letter of the Letter to be delivered forth."

He being demanded to know who the Persons were that (fn. 4) committed this Disorder;

He said, "He knew none;" but said, "That Sir Michaell Livesey and Captain Baynes said, That some were there that should dispute with him to justify the Fact. And divers Men of Quality were present, and Sir Michaell Livesey did chide them."

And he delivered in a Paper of the several Branches of the Letter written to the Earl of Holland; and unto the several Heads, Witnesses Names were subscribed, to prove.

The said Paper was read.

Delinquents to be proceeded against.

And because this House at this Time could not be informed of any particular Person that did the Fact, it is Ordered, That such Persons that are Townsmen in Canterbury, that were Actors in this Fact, shall be referred to the Mayor of Canterbury, who shall proceed against them (upon Proof made) as far as his Power extends.

"Sabbati, 17 Septembris, 1642.

Order for Subscriptions in Bedfordshire.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Richard Conquest, Sir John Bourgoyne, Sir Thomas Alston, Sir William Buers, Sir George Russell, Sir Will'm Butler, Sir John Rolt, Samuell Browne, Henry Chester, Robert Stanton, John Sadler, James Beverley, Nicholas Spencer, Thomas Rolt, Walter Rowe, John Daniell, Humfry Fish, Oliver Boteler, Esquires, Richard Cockaine, Richard Edwards, Mr. Palmer of Hill, Mr. Paradine of Ecquell, Mr. Cater of Kemson, Mr. Dudley of Harrole, Mr. Wiant of Mogarhanger, the Mayor of Bedford for the Time being, Doctor Walker, Doctor Banister, Mr. Thomas Hawes, Mr. Robert Hawes, Mr. Thomas Paradine, and Mr. John Wallinger, or any Two or more of them, shall have Authority to assemble and call together all such Persons as they shall think fit, within the County of Bedford and Town of Bedford, at such convenient Times and Places as they shall appoint, and shall tender unto them the Propositions of both Houses of Parliament, concerning the raising of Horse, Horsemen, and Arms, for the Defence of the King and both Houses of Parliament, and shall receive their Subscriptions, according to the said Propositions; and they, or any Two or more of them, shall have Authority to nominate and appoint such other Persons, within the said County, as they shall think fit, to assemble and call together every Person of Ability, or to repair to their several Houses or Dwellings, and take their Subscriptions, according to the said Propositions; and shall return the said Subscriptions unto such Persons as shall be appointed Receivers in the said County, who shall from Time to Time certify the Sums, Values, or Proportions of such Subscriptions, to the Treasurers of London nominated in the said Propositions, and shall have Power to name Receivers, Treasurers, and Commissaries, and to do all other Things that the Deputy Lieutenants, or any of them, are appointed to have Authority to do, by the said Propositions, Instructions, or Additions concerning the said Propositions, in as full and ample Manner as if every Particular thereof had been expressed in this Order; and the said Receivers, and other Persons appointed by them for this Service, shall have as full Power to execute their Directions as if they had been appointed by the Deputy Lieutenants of the said County: And it is further Ordered, That the Persons aforenamed, or any Two or more of them, do signify to their Country, that, out of their own Money, there shall be Allowance made for Horse, Arms, and Officers, if they will voluntarily raise any Horse for the Defence of that County."

"Die Sabbati, 17 Septembris, 1642.

Indemnity for Ceely, Mayor of Plymouth, for fortifying the Town.

"Whereas the House of Commons hath been informed, that Thomas Ceely, Merchant, Mayor of the Borough of Plymouth, taking into his Consideration the great Danger that might befall the said Town (whether by sudden Plundering by Troopers and Cavaliers by Land, or by Foreign Invasion from the Sea), hath lately re-edified and made strong the Gates of the said Town, barricadoed and stopt up divers By-passages and Lanes going into the same, mounted several Pieces of Ordnance for the Defence thereof, and done many other Things conduceable thereunto, for the Safety and Peace of the said Town, and the Service of the King and Parliament: We, the Lords and Commons assembled in Parliament, do Declare, That the said Thomas Ceely hath, in so doing, done an acceptable Service to the Commonwealth; and that we, the same Lords and Commons, will protect and save harmless the said Mayor (and all other Mayors of the same Town that shall hereafter, for the same Ends and Purposes, strengthen and fortify the said Town), from all Indemnities and Damages, by the Power of Parliament."

"Die Sabbati, 17 Septembris, 1642.

Mr. Frost, Commissary for Victuals in Ireland, 1500 l. out of the Adventurers money.

"It is this Day Ordered, by the Lords and Commons in Parliament, That Fifteen Thousand Pounds be paid unto Mr. Nicholas Loftus, Deputy Treasurer at Wars, or his Assigns, to be by him paid unto Mr. Frost, Commissary for Victuals for Ireland, for the providing of Victuals for the Army there, out of the First Monies that shall come in of the Adventurers-money for Ireland."

"Die Sabbati, 17 Septembris, 1642.

Order for securing the Re-payment of Money advanced by Merchant Strangers.

"Whereas the Merchant Strangers residing within the City of London have promised to lend the Sum of Fifty Thousand Pounds, for One Year, for and towards the Relief and Preservation of the Realm of Ireland, to be re-paid again out of the first and next Monies to be granted by Act of Parliament, with Consideration for the Forbearance thereof after the Rate of Eight Pounds per Centum for a Year, according to an Order of the Commons House of Parliament, of the 8th of July, 1642: It is Ordered, by the Lords and Commons in Parliament, That the Chamberlain of the City of London shall pay to Sir Gilbert Gerard, Treasurer of the Army under Command of the Earl of Essex, out of the said Fifty Thousand Pounds, the Sum of Six Thousand Five Hundred Pounds, for the Affairs of this Kingdom; which said Sum of Six Thousand Five Hundred Pounds, the Lords and Commons do give the Public Faith to re-pay the same to the Chamberlain of the said City, out of such Monies as shall be received for the Affairs of this Kingdom, to be employed for the Relief of Ireland as aforesaid; and this Ordinance shall be a sufficient Warrant to the Chamberlain to pay the same.

"Die Sabbati, 17 Septembris, 1642.

Order for putting the City of Worcester in a Posture of Defence.

"Whereas divers Commoners (being Citizens) of the City of Worcester, in the Name of themselves and other their Fellow Commoners, have presented their humble Petition to the House of Commons; shewing the great Danger, which they and the said City are in, by the Resort of divers Commissioners of Array, Popish Recusants, Cavaliers, Soldiers, and other dangerous Persons and Delinquents, unto the said City of Worcester; and therefore have desired Liberty and Power, from the Parliament, to put themselves into a Posture of Defence, and to train and exercise themselves, and such Voluntiers and others, within the said City and Liberties thereof, as shall be willing to serve and use their Arms, for the Defence of the King and Parliament, under the Command of one Captain Rea (a Citizen of the said City); and the said Captain Rea to appoint such other Officer and Officers under him as he shall think fit and necessary for the said Service: All which the Lords and Commons assembled in Parliament do well approve of, and do much commend the Care and Diligence and good Affection of the said Petitioners; and do therefore Ordain, That the said Petitioners, and other Commoners within the said City, under the Command of the said Captain Rea as aforesaid, shall have the like Power and Authority, touching the Premises, as hath been given, by former Orders of both Houses of Parliament, to the Town of Shrewsbury, and other Cities and Towns within this Kingdom; and do further Order and require the Mayors, Sheriffs, Aldermen, Citizens, and Commoners of the said City, to take special Care, that Watch and Ward be duly kept (each Commoner in his Course), from Time to Time, at the several Gates and Passages of the said City, for the apprehending of all dangerous and ill-affected Persons; and the Mayor, Sheriff, and Aldermen of the said City, are required to seize, and take into their Hands and Custody, the Magazine of the said City, and so much of the Magazine and Arms of the County of Worcester as is remaining in the said City, or in or about the Cathedral Church or other Places adjoining to the said City, and also all such Arms, Ammunition, Money, or Plate, as hath been, or shall be, brought into the said City, or Suburbs thereof, by any Commissioners of Array, Cavaliers, or other dangerous and ill-affected Persons, or that shall be likely to be employed against the Parliament, and particularly the Arms, Money, and Plate of the Lord Coventry, within or about the said City; and that they, the said Mayor, Sheriff, and Aldermen, of the said City, do retain and keep all such Arms, Ammunition, Money, and Plate, as aforesaid, in their safe Custody, till further Order be taken by both Houses of Parliament: And it is further Ordained, by the said Lords and Commons, That no Commissioners of Array, or other dangerous or ill-affected Persons, be permitted to take any Houses, Lodgings, or Dwellings, within the said City, or Suburbs thereof; and the said Mayor, Sheriff, Aldermen, and other Inhabitants of the said City, are hereby required and enjoined to see this Ordinance duly observed; and for their so doing, they, and every of them, their Aiders and Assistants, shall be protected and saved harmless, by the Power and Authority of both Houses of Parliament.

"And all and every Person and Persons, that shall be arrested, proceeded against, or otherwise molested or troubled, by Colour of the Commission of Array, or other Commission from His Majesty, for doing any Service to the Parliament, shall have Power, and are hereby authorized, to make Resistance, by Force or otherwise, as Cause shall require, and to call others, out of the said City or County, or elsewhere, to assist them.

"And it shall be lawful for all and every other Person and Persons to assist them accordingly; and all Officers, and other Persons, are required to be aiding and assisting to them in this Behalf, and to use their best Endeavours for the apprehending of all such Persons as shall execute any such Commission as is before mentioned, or be aiding thereunto, and to bring them up to the Parliament; and all and every such Officer, and other Person and Persons, which shall do any Thing in Execution of this Ordinance, shall be protected and assisted by both Houses of Parliament."

Adjourn.

Adjourn till 10^a Lunæ.