House of Lords Journal Volume 5: 24 October 1642

DIE Lunæ, 24 die Octobris.

PRAYERS.

Lord Gray, Speaker.

Answer from the H. C. about taking up Horses.

The Messengers return with this Answer:

That the House of Commons do agree with this House, in the Order for taking up of Horses.

Adjourn.

Adjourn, till 4^a post meridiem.

Post meridiem.

PRAYERS.

Lord Grey, Speaker.

Darrell, L. Mulgrave's Servant's Privilege.

Delinquents who arrested him released.

Upon the humble Petition of Rob't Walley, and George Norman, for arresting George Darrell, Servant to the Earl of Mulgrave, (fn. 1) which was read; having made the Submission to the Earl of Mulgrave, and acknowledging their Commitment to be just: It is Ordered, That they shall be released, paying the Charges of the said George Darrell, and the Fees of the Officers of this House.

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

A Message was brought from the House of Commons, by Sir John Evelyn, Knight; which consisted of many Particulars: videlicet,

1. An Order concerning the disposing of the King's Children in London. (Here enter it.)

Agreed to.

2. An Order for the shutting up of Shops in London and Southwarke. (Here enter it.)

Agreed to.

3. An Order for restraining of the Prisoners in The Tower. (Here enter it.)

Agreed to.

4. An Order to Four Out-Parishes, for staying of Horses: videlicet,

St. Andrewes Holborne, St. Gyles in the Feilds, St. James Clerkenwell, St. Martyns Savoy, and St. Clements. (Here enter it.)

Agreed to.

5. An Order for the Safe Conduct and Passing of the Commissioners of the Peace that come from Scotland. (Here enter it.)

Agreed to.

6. An Order for the Safe Conduct of Divines which come out of Scotland, to the Assembly here. (Here enter it.)

Agreed to.

7. An Order, That the Lord Newbrough shall send out Commissions, to appoint Justices of the Peace for the County of Lancaster. (Here enter it.)

Agreed to.

8. An Order for disarming of Recusants in Lancashire, &c. (Here enter it.)

Agreed to.

9. An Order for some Maintenance to be given to the Wives and Children of those that shall be killed in this Service. (Here enter it.)

Agreed to.

10. An Order of Indemnity of the Town of Barstable, for their fortifying of the same. (Here enter it.)

Agreed.

The Answer returned was:

Answer.

That this House agrees with the House of Commons, in all the Orders now brought up.

Conference to be had, about raising and supporting of the E. of Warwick's Army.

The Earl of Warwicke, Captain General of the Forces to be raised in these Parts for the Defence of the King and Kingdom, desired their Lordships to take into Consideration how, in what Manner, the Forces now raised shall be brought together; and that Commanders may be appointed, and a Rendezvous whither the Soldiers may resort; and also to consider of a Way how to entertain them.

The House, taking this into Consideration, Resolved, To have a Conference with the House of Commons, concerning this Business; and that the Earl of Warwicke should speak to them, at that Conference, what he thinks sitting concerning this Business.

Message to the H. C. for it.

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

To desire a present Conference, touching the Forces now raising in these Parts.

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

More Orders from the H. C. for the Lords Concurrence.

11. An Order was read, to pay to the Archbishop of Tuan, in Ireland, One Hundred Pounds. (Here enter it.)

Agreed to.

12. An Order to pay to Sir Francis Hambleton One Hundred Pounds. (Here enter it.)

Agreed to.

13. An Order to pay to Sir Rob't Balley, Knight, Fifty Pounds. (Here enter it.)

Agreed to.

E. of Portland's Petition for his Releasement.

Next, the humble Petition of the Earl of Portland was read; shewing, "That he hath now lain almost Three Months; desiring to be restored to his Liberty, and to his Right and Privilege in Parliament."

Nothing Ordered.

"Resolved, upon the Question.

Indemnity for Barnstable Men, for fortifying the Town.

"That this House doth approve of this Action of the Town of Barnestaple, in fortifying of their Town; doth take it for an Expression of their Public Affections to the Good and Peace of the Commonwealth; and that they shall be saved harmless for their so doing, by both Houses of Parliament; and that the Lords Concurrence be desired herein."

King's Children to be removed to L. Cottington's House.

"It is this Day Ordered, by the Lords and Commons, That the King's Children now at St. James be, in this Time of Danger, removed to some convenient House in London; and that all necessary Provisions be made in London for them; and that the Earl of Pembrooke be desired, by both Houses, to give Order to make ready the Lord Cottington's House, in Broadstreete, for them."

Shops in London to be shut up.

"It is this Day Ordered, by the Lords and Commons, That all People within the Cities of London and Westm. and the Privileged Places, Liberties, and Suburbs thereof, and in the Borough of Southwarke, be required to shut up their Shops, and forbear their Trades, and other ordinary Employments, that so they may with the greater Diligence and Freedom for the present attend the Defence of the said Places, and put in Execution and perform such Commands, for the Defence and Safety thereof, as they shall from Time to Time receive from both Houses of Parliament, the Committee for the Defence of the Kingdom, the Lord General, or the Lord Mayor and Committee for the Militia."

Order for restraining Prisoners in The Tower.

"It is this Day Ordered and appointed, by the Lords and Commons in Parliament assembled, That all the Prisoners in The Tower be forthwith kept under such Restraint, as that not any One Prisoner be suffered to have above Two Servants, or permitted to have Speech or Converse with any other Prisoner or Person, but in the Presence or Hearing of his Keeper."

Order for further Search for Horses for the Public Use in the Suburbs of London.

"The Lords and Commons assembled in Parliament, being credibly informed of His Majesty's Approach to the Parliament and the City of London with His Army, and, by former Declarations, gives us just Cause to suspect their Intentions are to destroy both Parliament and City: They believe it necessary, for their present Safety, and Defence of the said City, that all the Stables within the Parish of St. James Clerkenwell be forthwith searched, and the Number of Horses in them to be listed, and to be in Readiness for present Service, if Occasion be; declaring and promising, upon the Public Faith, to satisfy and pay for all such Horses as shall miscarry in the Use of them, and the rest to return to the Owners of them, when this Action shall be passed, and this Danger over; and this forthwith to be put in Execution, by the Justices of Peace of the said Parish, or the next adjoining, they calling to their Assistance the Petty Constables of the said Parish, who are required hereby to be accountable to both Houses of Parliament, upon Tuesday Morning next ensuing, being 25th of this present October, 1642; and if any of the Owners of such Horses shall seem to take away from the Houses or Stables any of the Horses so listed, then the Constables of the said Parish where such Horse is so listed shall forthwith apprehend such Owner of such Horse, and bring him before the Two Houses of Parliament, to be proceeded with for his Contempt."

The like for St. Andrewes Holborne.
The like for St. Martins in the Feilds.
The like for St. Mary Savoy.
The like for St. Clement Danes.
The like for St. Giles in the Feilds.

"An Ordinance of the Lords and Commons in Parliament, for the Security and Safe Conduct of the Commissioners of the Realm of Scotland, for the Conservation of the Peace, made the 24th of October, 1642.

Ordinance for Safe Conduct of the Scots Commissioners.

"Whereas, in Pursuance of the Act of Pacification and Oblivion, made in the 17th Year of His Majesty's Reign, divers Noblemen, Barons, and Burgesses, have been nominated and appointed, by His Majesty and the States of Parliament of the Kingdom of Scotland, to be Commissioners for the Conservation of the Peace of both Kingdoms, who have thought good to send some of their own Members to His Majesty and this Parliament, in discharging of that Trust reposed in them by that Act of Pacification: For their better Security in these Times of Commotion of Soldiers and People in Arms, it is Ordained, by the Lords and Commons in Parliament, That the said Commissioners, which are to be sent as afore, with all their Servants and Retinue, shall be protected by the Power and Authority of Parliament, and kept safe and free from all Danger, Molestation, Restraint, and Detention, in their Repair to London, and during their Abode here, and in their Return back again: And, for the further Notice and Manifestation hereof, it is Ordered, That the Speakers of both Houses shall subscribe this full and free Safe Conduct and Safeguard to the Persons abovewritten, whereby they may be secured from all Harm and Restraint, in their Passage, Abode, or Repose, to be interpreted in as large and ample and beneficial Manner, and with as full and real Assurance, as ever any Safeguard or Safe Conduct may or ought to be interpreted, strengthened and confirmed by the Public Faith of the Kingdom; and that any Copy hereof, under the Hands of both or either of the Clerks of the Lords or Commons House, shall be of as great Force and Effect, for the Safe Conduct and Securing of the said Persons, or any of them, their Retinue and Servants, as the Original, signed by the Speakers, as is before expressed; requiring all Officers and Soldiers of the Army, as likewise all Sheriffs, Mayors, and others His Majesty's loving Subjects, to observe the same with all due Obedience and Care; and likewise to give them all Aid and Assistance, as often as Occasion shall require, as they will answer the contrary at their Peril: It is further Ordained, as before, That James Duke of Lenox, and Robert Earl of Roxburrough, shall be excepted out of this present Safe Conduct, and shall receive no Benefit or Protection by the same."

"An Ordinance of the Lords and Commons in Parliament, for the Security and Safe Conduct of such Divines as shall come from the Realm of Scotland, to the Assembly of Divines here in this Kingdom.

Ordinance for Safe Conduct for the Scottish Divines, that come to the Synod for settling the Doctrine of the Church.

"Whereas the Commissioners of the National Assembly of the Church of Scotland, met at Edinburrough the 21st of September, have, at the Desire of both Houses of Parliament, signified to the Lords and Commons in the Parliament of England, that they intend to nominate some Reverend and Pious Divines, to assist in the Assembly of Divines agreed upon by an Act passed in both Houses of Parliament, and now sent to His Majesty: For their better Security, in these Commotions of Soldiers and People in Arms, it is Ordained, by the Lords and Commons in Parliament, That the said Divines, with their Servants and Retinue, shall be protected by the Power and Authority of Parliament, and kept safe and free from all Danger, Molestation, Restraint, (fn. 2) both during their Abode here, and in their Return back again: And, for the further Notice and Manifestation thereof, it is Ordered, That the Speakers of both Houses shall subscribe this full and free Safe Conduct and Safeguard to the Persons above written, whereby they may be secured from all Harm and Restraint, in their Passage, Abode, and Repose, to be interpreted in as large and beneficial a Manner, and with as full and real Assurance, as ever any Safeguard or Safe Conduct may or ought to be interpreted, strengthened and confirmed by the Public Faith of the Kingdom; and that any Copy hereof, under the Hands of both or either of the Clerks of the Lords or Commons House, shall be of as great Force and Effect for the Safe Conduct and Securing of the said Persons, or any of them, their Retinue, and Servants, as the Original, signed by the Speakers, as is before expressed; requiring all Officers and Soldiers of the Army, as likewise all Sheriffs, Mayors, and other His Majesty's loving Subjects, to observe the same with all due Obedience and Care; and likewise to give them all Aid and Assistance, as Occasion shall require, as they will answer the contrary at their Peril."

L. Newburgh to send out Commissions to appoint Justices for Lancaster.

"Upon Information of some Members of this House, of the great Increase of Poor, within the Town of Manchester, and other several Places of Lancashire, by reason of the unavoidable Decay of Trade, occacasioned by the unhappy Distractions of these Times; and that the Justices of Peace, who were formerly of great Use in those Parts, have been lately, without any just Cause appearing, displaced: It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That Edward Lord Newburgh, Chancellor of the Dutchy of Lancashire, shall forthwith issue out Commissions of the Peace, to the several Gentlemen herein named; videlicet, Sir Ralph Ashton Baronet, Ralph Ashton of Midleton, Richard Holland, John Bradshawe, William Radcliff, Richard Shutleworth, John Braddell, John Starkey, Sir Thomas Stanley Baronet, John Holecroft, Thomas Standish, Geo. Dodding, Thomas Fell, Peter Egerton, Esquires, whereby the County may receive Benefit by their Care, as formerly; and that he shall not discharge the said Gentlemen from executing the said Commissions, tending to the Good of their Country, till the House be acquainted therewith, and take further Order in it: And it is further Ordered, That the said Edward Lord Burgh shall immediately discharge Sir Giles Houghton, Knight and Baronet, Robert Holt, of Stubley, Alex. Rigby, of Brough, John Greenhalgh, Edward Ashton, Sir Alexander Radcliff, Wm. Farington, Orlando Bridgman, Sir Edward Wrightington, and Roger Kirby, Esquires, from being further employed as Commissioners of the Peace within the said County; and he is also hereby required to render both Houses an Account of his due Observance of this Order upon next."

Order for disarming Recusants in Lancashire.

"In regard of certain Informations sent to several Members of this House that serve for the County of Lanc. from some of the Deputy Lieutenants now residing in their County, and wherewith the House hath been made acquainted, That the Papists there (as in other Places of this Kingdom) are now licensed to rise; and that accordingly they have beaten up Drums, to gather Force, whereby the Peace of that County is much in Danger: It is therefore Ordered, by the Lords and Commons now assembled in Parliament, That the Deputy Lieutenants, and all other Officers in that County, shall forthwith use their best Endeavours, that the Persons of all such Recusants, and others whom they shall conceive affected to the Disturbance of the Peace of that County, or malignant to the Proceedings of this present Parliament, shall be forthwith disarmed and secured."

"John Bradshawe, Esquire, to be Deputy Lieutenant of the County of Lancashire."

Approved of.

"An Ordinance of the Lords and Commons in this present Parliament assembled, declaring their Resolutions of making Provisions for those that shall be maimed in this present War, (fn. 3) in the Service of the Parliament; and for the Wives and Children of those that shall be slain, made the 24th Day of October, 1642.

Ordinance for Maintenance to be given to the Wives and Children of those that are killed; and to maimed Soldiers.

"Whereas divers Persons now are, or hereafter may be, in the Service of the Parliament, in the present War, undertaken for the Preservation of the King's Majesty's Person, the Defence of the Religion and Laws of the Realm, and of the just Liberties of the Subjects, who have little or nothing to maintain themselves, their Wives, and Children, but by their own Labours: The Lords and Commons, for their better Encouragement in the Service, do Order and Declare, That they, the Lords and Commons, will provide competent Maintenance and Allowance for such of them as shall be maimed, and thereby disabled by their Labour to provide for themselves, their Wives, or Children, as formerly they did; and, in the Distribution of such Allowances and Rewards, they will always have Regard to the Deserts and the Service of each Person.

"And in case any such Person shall be slain, that they will make Provision for the Livelihood of their Wives or Children.

"And in case any Persons of Estate shall be slain or die in the Service, the said Lords and Commons do Declare, That they will take the Estates, Wives, and Children, of such Persons, into their Protection; and in case their Estates shall not, at the Time of the Death of such Person, be settled, they will be always assistant to the Friends of the Party deceased, in the settling and disposing of their Estates, in such Manner as may be for the most Advantage of their Wives and Children; and shall, upon all Occasions, let their Children and Posterity know the Respect they bear to the Memory of those who have spent their Lives in the Service of the Church and Commonwealth."

Order for 100 l. to the Archbishop of Tuam.

"Whereas it appears, by a Petition (this Day read in the House of Commons) of Richard Archbishop of Tuan, in the Kingdom of Ireland, That the said Archbishop hath sustained great Losses, both in his Ecclesiastical and Temporal Estate, by reason of the present Rebellion there; and in regard of his great Piety and Personal Sufferings: The Lords and Commons do Order, That Sir Robert Pye, Knight, and William Wheler, Esquire, Treasurers of the Contributionmonies in Westm. shall forthwith pay, out of the Contribution-monies remaining within their Charge, unto the said Richard Archbishop of Tuan, the Sum of One Hundred Pounds, for and towards his Relief; and the Acquittance of the said Archbishop, together with this Order, shall be unto the said Treasurers a sufficient Discharge for so much as they shall pay unto the said Archbishop."

Order for Sir Francis Hamilton, 100 l.

"Whereas it appears, by a Petition (this Day read in the House of Commons) of Sir Francis Hamilton, Knight and Baronet, One of the Members of the Commons House in the Parliament of Ireland, That the said Sir Francis hath sustained great Losses, both in his Real and Personal Estate, by reason of the present Rebellion there; and in regard of his great Valour, shewed by a long Defence of himself in his Castle against the Rebels: The Lords and Commons, taking the Premises into their Consideration, do Order, That Sir Robert Pye, Knight, and William Wheeler, Esquire, Treasurers of the Contribution-monies in Westm. shall forthwith pay, out of the Contributionmonies remaining within their Charge, unto the said Sir Francis Hamilton, the Sum of One Hundred Pounds, for and towards his Relief; and the Acquittance of the said Sir Francis, together with this Order, shall be unto the said Treasurers a sufficient Discharge for so much as they shall pay unto the said Sir Francis."

Order for Robert Balley, for 50 l.

"Whereas it appears, by a Petition (this Day read in the House of Commons) of Robert Balley, Serjeant Major of a Regiment in the Kingdom of Ireland, That the said Robert Balley hath sustained great Losses in his Real and Personal Estate, by the present Rebellion in that Kingdom, and likewise his great Sufferings by a long Imprisonment amongst the Rebels: The Lords and Commons, taking the Premises into their Consideration, do Order, That Sir Robert Pye, Knight, and William Wheeler, Esquire, Treasurers of the Contribution-monies in Westm. shall forthwith pay unto the said Robert Balley, out of the Contribution-monies remaining in their Charge, the Sum of Fifty Pounds, for and towards the Relief of the said Robert Balley; and the Acquittance of the said Robert Balley, together with this Order, shall be unto the said Treasurers a sufficient Discharge for so much as they shall pay unto the said Robert Balley."

Adjourn.

Adjourn till 10^a cras.