House of Lords Journal Volume 5: 24 November 1642

DIE Jovis, videlicet, 24 die Novembris.

Prayers.

The House appointed the Earl of Manchester to be Speaker this Day.

Message from the H. C. for a Conference about the Reply to the King's Answer,

A Message was brought from the House of Commons, by Sir John Wray, Knight; which consisted of these Particulars:

1. To desire a Free Conference, touching the last Conference, concerning the Answer to the King's Message.

Agreed, To give a present Free Conference.

and about a Letter from Kent;

2. To desire a Conference about a Letter received from the Deputy Lieutenants of Kent.

Agreed, To give a Conference presently.

and for the Lords Concurrence in several Orders.

3. To desire their Lordships Concurrence in several Orders.

The Answer returned was:

Answer.

This House will (fn. 1) give a Free Conference, and a Conference, presently, in the Painted Chamber.

The Orders were read, as followeth:

Orders from the H. C. for Concurrence.

1. An Order to prevent the bringing over of Soldiers out of Ireland, that run away. (Here enter it.)

Agreed to.

2. An Order concerning issuing out of Monies for Ireland. (Here enter it.)

Agreed to.

3. An Order concerning the paying of Monies to the Persons belonging to the Train of the Lord Lieutenant of Ireland, &c. (Here enter it.)

Agreed to.

4. An Order for paying Monies out of His Majesty's Mint, for the Use of the King's Younger Children. (Here enter it.)

Agreed to.

5. An Order to some Persons to search for Arms, which have been sold by the Lord General's Soldiers. (Here enter it.)

Agreed to.

6. An Order (fn. 2) for the Dragooners that ran away to be sent to the Lord General. (Here enter it.)

Agreed to.

Ordered, That a Letter be written to the Lord General, to put some exemplary Punishment upon them, to deter others from doing the like Offences.

7. An Order for Mr. Wright and Mr. Hall to search in London for Arms sent by the City, and to seize them, &c. (Here enter it.)

Agreed to.

8. An Order to prevent the Transportation of Victuals from the City of London, &c. (Here enter.)

Agreed.

9. An Order concerning the Town of Manchester, &c.

Agreed to.

A Message was sent to the House of Commons, by Sir Edward Leech and . . . . . . .

To let them know, that this House agrees with the House of Commons in all the Orders now brought up.

House adjourned during Pleasure, the Lords went to the Conference.

House resumed.

Conference about the Answer to the King's Reply reported.

The Speaker reported the Effect of the Conference: "That the House of Commons say, They have studied nothing more than the good Correspondency between the Houses, and they desire the Continuance of it, though they (fn. 2) differ something in Opinion, as in the Conference last Night in the Petition to be presented to His Majesty, wherein they do agree in the First Part of it, but not in the Second.

"The Resolutions were read:

"Resolved, &c.

"That the latter Part, beginning with the Words ["or else"] to the End shall be left out.

"Resolved,

"That this House doth assent to the former Part, from the Beginning, to the Words ["or else"].

"Ordered, That the Lords be moved, at the next Conference, to join with this House, to send to the Lord General my Lord of Essex, to desire him to go on with all Advantages in prosecuting the War."

Agreed to.

"Likewise they desire, that a Message may be sent to the Lord General, to desire him to take Care to prevent the King's Soldiers from Plundering."

Conference about a Letter from the Deputy Lieutenants of Kent reported.

"The Second Part of this Conference was: That the House of Commons have received a Letter, directed to their Speaker, from some of the Justices of Kent. The Contents was, That the 11th of November last, Sir Vivian Mullineux, with one Brewer and Two or Three more, were apprehended by the Court of Guard, and brought before them, who, finding them to be Papists, offered them the Oath of Allegiance; to which they all (fn. 3) replied, (fn. 4) they never did nor ever would take it; upon which the Justices, according to the Law, (fn. 5) committed them to the Gaol of the County.

"That they have been released, by an Order from the Lords, under the Clerk's Hand of the Lords House, which is a Discouragement to that County, &c.

"The House of Commons say, they do only acquaint their Lordships with this Letter, that so a Prevention of the same [ (fn. 2) may be] made, and a Satisfaction to be given to the County, and to take off this Business, which is destructive to the Laws of this Kingdom, as 3 Jac. which was urged by Mr. Maynard, by Directions of the House of Commons."

This House, taking the Matters of this Conference into Consideration, Resolved, To have a Conference with the House of Commons, to let them know, that no such Order of this House hath issued out, for releasing of Sir Vivion Mullineux; but that an Order was sent, from the Committee of the Safety of the Kingdom, for his appearing only; to which Order the Members of the House of Commons of that Committee (fn. 6) were present at and privy to: And concerning Brewer, this House hath sent for him, to appear before the Lords in Parliament, whereby to examine the Business further, he being a Solicitor of the Earl of St. Albanes, a Member of this House; and that this House expects the Return of the Messenger.

Petition to the King.

L. General to prevent the King's Troeps plundering.

Ordered, That this House agrees with the House of Commons, in sending only the First Part of the Petition to the King, and leaving out the last Part, as the House of Commons have desired; and that (fn. 7) a Letter may be sent to the Lord General, to desire him to take Care to send some Forces towards the King's Army, to prevent the Plundering and Spoiling of the Countries. (Here enter the Petition.)

To this Purpose, the Speaker is to write a Letter to the Lord General, and send him a Copy of the Petition to the King.

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

A Message was brought from the House of Commons, by Sir Tho. Barrington:

To desire their Lordships Concurrence in Two Orders:

1. An Order concerning the taking Subscriptions in the Counties of Yorke, Northumberland, Cumberland, &c. (Here enter it.)

Agreed to.

2. An Order for the Lord Mayor to call a Common Hall. (Here enter it.)

Agreed.

The Answer returned:

Answer.

That this House agrees to these Orders.

Message to the H. C. for a further Conference on the Subject of the last.

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

To desire a present Conference, touching the Matter of the last Conference.

Ordered, That the Petition of both Houses be sent to the Lord Viscount Falkland, to be presented to His Majesty, which is to be inclosed in a Letter from the Speaker of this House, and be carried by Sir Peter Killegrewe.

Message from the H. C. with an Order for the Halls in London to meet on Saturday.

A Message was brought from the House of Commons, by Sir Martin Lumley:

To desire their Lordships Concurrence, in an Order concerning the calling of a Meeting for the several Halls in London, on Saturday next. (Here enter it.)

Agreed to.

Letter to L. Falkland, with the Petition to the King.

"My Lord,

"I am commanded, by the Lords in Parliament, to intreat Your Lordship to present unto His Majesty this their humble Answer to His Majesty's late Reply to the Message of both His Houses of Parliament.

"My Lord, I am,

"Your Lordship's humble Servant,

" (fn. 8) Manchester, Speaker of the House of Peers pro Tempore.

"To the Right Honourable the Lord Viscount Falkland, Principal Secretary of State; or to any of the Lords the Peers now attending His Majesty."

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

Answer from the H. C.

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

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

Order for the Halls in the City to meet on Saturday.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That (fn. 9) the Masters or Wardens of the Company of Mercers do summon the Assistants and Livery of the said Company, as they shall think fit, or usually call to their QuarterCourts, to meet at their Hall on Saturday next, at Two of the Clock in the Afternoon, there to attend and receive the further Pleasure and Direction of both Houses of Parliament."

And the like Order for the rest of the Halls.

Petition to the King, from both Houses.

"To the King's most Excellent Majesty.

"The humble Petition of the Lords and Commons assembled in Parliament.

"May it please your Majesty,

"It is humbly desired, by both Houses of Parliament, That Your Majesty will be pleased to return to Your Parliament, with your Royal not Your Martial Attendance, to the End that Religion, Laws, and Liberties, may be settled and secured by their Advice; finding, by a late and sad Accident, that Your Majesty, is environed by some such Counsels as do rather persuade a desperate Division than a Joining and a good Agreement with Your Parliament and People; and we shall be ready to give Your Majesty Assurances of such Security as may be for Your Honour and the Safety of Your Royal Person."

Order to prevent bringing Soldiers out of Ireland that run away.

"Whereas it appears, by a Report made from the Committee for the Affairs in Ireland, and by the Perusal of Letters from the Lord Inchequin, directed to Mr. Taylor of Bristoll, and referred to the Consideration of that Committee, That divers Soldiers do run away from their Service in Ireland, and pass into this Kingdom, to the Prejudice of the Service there, and the Discouragement of others that might come to their Assistance: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the Mayor of Bristoll for the Time being, and other Officers of the Western Parts of this Kingdom whom it may concern, do make diligent Search, from Time to Time, for all Soldiers and Officers of the Army in Ireland, as shall come from thence without special Licence of the General, or him that commandeth in chief, and land themselves at Bristoll, or any other of the Western Ports; and, finding any such, that they forthwith, upon due Examination of them, and the Ship-master that brought them over, do take Bond, or other sufficient Security, of such Masters, to carry, or cause to be carried, back again, at their own Charges, such Soldiers, and to deliver them to the Chief Officers of the Armies in Munster, to be proceeded against according to Martial Law, and to receive condign Punishment; and that they return the Names of such Ship-masters as shall be found to bring over such Soldiers without good and sufficient Licence, to the Houses of Parliament, that they may receive such further Punishment for their Offence, as shall be thought meet."

Order to call a Common Hall in London on Friday.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Lord Mayor be desired to summon a Common Hall, to meet on Friday next, at Three of the Clock in the Afternoon; and that some Members of both Houses may be appointed to repair thither, to express the great Necessities and Danger that hangs over the City and the whole Kingdom at this present; and to propound unto them the Loan of the Plate in their several Halls, towards the Supply of the great Occasion."

Order to stay Provisions going out of London.

"The Lords and Commons in Parliament assembled, being certainly informed of great Resort of People unto this City of London, both by Land and Water, of which some are suspected to be Persons ill-affected to the Peace of this City and Kingdom, and, for Want of careful Watches, and Examination of Passengers that come both by Land and Water, many Officers and Soldiers of the Army under his Excellency the Earl of Essex do likewise repair unto this City, and neglect their Service and Duty in the Army, which may be very dangerous if some Course be not directed to restrain the same; and it being also discovered, that Provisions of Corn, Butter, Cheese, and such like, have in great Quantities been carried from this City, with Intent to be transported unto other Places, which at this Time cannot conveniently be spared, nor may in Policy be permitted; do Order and Ordain, That no Victuals or Provision, of what Nature or Kind soever, be allowed (fn. 10) or suffered to be carried or transported, by Land or Water, out of or from the City of London, without special Licence or Direction first had and obtained, from both or either Houses of Parliament; and that no Officer or Soldier of the Army of his Excellency be in any Case suffered to come into this City, not having a due Certificate of the Cause of his coming from the same; and if any shall presume to come thence, not being so licensed, the several Persons and Guards appointed to attend for the Defence and Safety of this City, both by Water and by Land, are required to attach and bring him or them before the Committee of the House of Commons, for Examinations; as also all such other Persons of whom there shall be any Cause of Suspicion that they are not rightly affected to the Peace of this City or Kingdom: And it is specially recommended to the Committee for the Militia of London, that they would, by their Endeavours, take Care and give Direction unto fit Persons, for preventing the several Inconveniences abovementioned; and the several Officers of the Custom House, Captains, and other Officers of Forts and Castles, and all other Persons whom it may concern, are hereby commanded and required to make Stay of, and to search, all Persons, Ships, Barques, Boats, and other Vessels, that shall pass or go into, or out of or from, the City of London, or upon the River of Thames; and, if any shall be found offending in the Premises, to seize and detain the same, until further Direction shall be given therein, by both or either Houses of Parliament."

Order to search for Arms, &c. embezzled by any of the Parliament's Soldiers.

"Ordered, That Sir Edward Barkham and Mr. Wilcox of Totnam, or either of them, and such as they shall appoint, shall have Power to search for Arms, Ammunition, or any Horses, that have been sold, pawned, or embezzled by any of the Soldiers of the Army raised by the Parliament, and to seize them where they find them, and to send them to the respective Officers of the said Army, who are appointed to have (fn. 11) "

Deserter sent to the Lord General.

Ordered, That the Dragooner that is run away from his Colours, and taken by the Court of Guard, shall be forthwith sent to the Lord General, to be proceeded against according to the Law of Arms.

Wright and Hall to search in London for Arms lent by the City.

Ordered, That Ric'd Wright, and Nath. Hall shall be authorized, by this House, to search in London and Suburbs, and Towns adjacent, for Arms lent by the City; and to seize the same, and to appoint Deputies for that Purpose.

Order for Subscriptions for Manchester.

"Whereas the Lords and Commons are informed, That the Town of Manchester, and some other Parts within the County Palatine of Lancaster, have for a long Time been at excessive Charges for the Defence of such as are well-affected to the Proceedings of Parliament, from the injuries, Oppressions, illegal and exorbitant Practices of the Commissioners of Array, the Papists, and other malignant Persons within that County; and now, when their Power doth much increase, by the General Rising of the Papists there, and therefore have great Need of a Supply of Strength (which was long since expected); yet, on the contrary, they will be forced to disband their Garrison of Soldiers, which they have maintained as long as they are able, and so expose themselves not only to the Violence of their Enemies, but much dishonour the Cause, and weaken the good Party, unless they have some present Supply of Money: Therefore it is Ordered, by the Lords and Commons in Parliament, That such Monies or Plate as Mr. Thomas Case, or any other Person, shall underwrite for the Defence of Lanchashire, and the reducing of the malignant Party there, they shall have the Public Faith to be re-paid, with Satisfaction after Eight per Cent.; and that Sir John Wolleston Knight, Alderman Warner, Alderman Towes, and Alderman Andrewes, take such Subscriptions, and issue out the same for the Use of the said County, by Warrant under the Hands of any Four or more Members of the House of Commons that serve for that County, who are to give Order for the disposing of the Monies in the said County, so as may best conduce for the Service thereof, to give Accompt thereof to the House of Commons."

Order for Subscription to maintain the Forces at York.

"The Lords and Commons in this present Parliament assembled, taking into their serious Care the great Consequence of providing continued Supplies for the Forces raised, and to be raised, in the Northern Parts, under the Command of the Lord Fairefaix; and considering that, by reason of the great Distance of Place, there cannot be such convenient Supply from Time to Time as the Necessity of that Service may require: They do Order and Declare, That all such Monies, Plate, and Horses, as are or shall be given or raised, by Subscriptions upon the Propositions, within the County of Yorke, City and County of Yorke, the Counties of Northumberland, Westm'land, Cumberland, or County Palatine of Durham, shall be delivered and paid unto such Treasurer or Treasurers as the Lord Fairefaix shall nominate, who shall have Power to receive and issue the same forth for Payment of the said Forces, so as the said Lord Fairefaix shall appoint; and that, upon Certificate made by such Treasurer or Treasurers as shall receive the same, unto the Treasurers of Money and Plate at Guildhall, London, they shall give such Acquittances as that the Parties, who shall lend or advance the same, shall be secured by Public Faith for Re-payment."

Order for the Receivers of the Adventurers money for Ireland, to set apart 5000 l. for particular Uses.

"Whereas the Committee of Irish Adventurers chosen in London have many Disbursements referred unto them, for the Service of Ireland, for which if they should attend the Order of both Houses of Parliament on every particular Occasion, the Services would be much retarded: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the Receivers of the Adventurers-money for Ireland do keep apart from the rest of the Adventurers Stock the Sum of Five Thousand Pounds, and that they do issue the same to such of the Committee of Irish Adventurers chosen in London, as shall be appointed, upon several Occasions, to receive the same, by Order of the Committee for the Affairs of Ireland; and that the said Committee be hereby also authorized, to make and give such Orders as Occasions do require for the issuing thereof."

Order for Arrears due to the Lord General's Train in Ireland.

"Whereas it appears, by a Report this Day made from the Committee for the Affairs of Ireland, that there is an Arrear due to the Train belonging to the Lord General of the Army in Ireland, consisting of Ministers, Physicians, Chirurgeons, Apothecaries, Advocate of the Army, and a Guard of Two and Thirty Persons, now giving their Attendance at Dublin, Chester, and other Places, as the Service requires them, according to the Establishment, and according to their several Allowances mentioned in a Note hereunto annexed, for Three Months, beginning at the 23d of July last, and ending the 15th of October inclusive, at the Rate of One Hundred Eighty-two Pounds, Fourteen Shillings, the Month of Twenty-eight Days, the Sum of Five Hundred Forty-eight Pounds, Two Shillings; and whereas it likewise appears, by the Report from the said Committee, that the like Allowances have been formerly paid for several Months, and that the Lord General of that Army, now hasting to his Charge, is to take with him the Persons aforesaid: The Premises considered, it is therefore Ordered, by the Lords and Commons, That the Receivers of the Adventurers-money for Ireland do pay unto such Persons, as by the Treasurer at Wars for Ireland (fn. 12) are authorized to receive the same, the said Sum of Five Hundred Forty-eight Pounds, and Two Shillings, to be paid over, as the Lord Lieutenant of Ireland shall direct, to the forementioned Persons belonging to his Train, for Three Months, beginning and ending as aforesaid.

"List of those that belong to the Train of the Lord General of the Army in Ireland, which at this Instant give Attendance at Dublin, Chester, etc. and their Pay, according to the Establishment.

Order for Maintenance of the King's Younger Children.

"Whereas it hath been thought fit, by both Houses of Parliament, that His Majesty's Revenues of all Kinds shall not be disposed of but by both the said Houses: The Lords and Commons in Parliament, for the better Security of such Part of His Majesty's Revenue as ariseth out of Coinage, do hereby Ordain and Constitute Cornelius Holland, Esquire, a Member of the House of Commons, to be Collector and Receiver of all the said Coinagemoney growing due to His Majesty in the Mint, by Indenture of the Mint, or in such other Manner as the Warden or Wardens or Work-master of the Mint have formerly received the same; the said Monies to be disposed of by the said Cornelius Holland, and by him accounted for, in such Manner and Form as both Houses of Parliament shall from Time to Time appoint: And whereas Sir Ralph Freeman Knight, and Sir Thomas Alisbury Baronet, or One of them, by former Order or Directions of the Lords in Parliament, or Commissioners of His Majesty's Treasury, have, together with Deputies or Assigns of the Warden or Wardens of the Mint, of late received divers Sums of Money, arising due to His Majesty upon Coinage, which are now remaining in their or some of their Charge and Custody, it is hereby also Ordained, That all the said Monies now so remaining in their Custody shall be forthwith delivered unto the Hands of the said Cornelius Holland, by him to be disposed of, and accounted for, in such Manner also as both Houses of Parliament shall direct: And it is further hereby Ordained, That the said Cornelius Holland shall, from and out of such Monies as he shall from Time to Time receive upon the said Coinage, pay, or cause to be paid, all such Fees, Duties, and other Allowances, as formerly used to be paid unto the Masterworker, Officers, and Moneyers, belonging unto the said Mint, at such Times, and in such Manner, as formerly have been used to be paid; and further, that, out of the said Monies which the said Cornelius Holland shall, by virtue of this Ordinance, receive upon His Majesty's said Coinage, he shall Monthly pay, for and towards the Household Expence of His Majesty's Two Youngest Children, the Duke of Gloucester and Princess Elizabeth, the Sum of Eight Hundred Pounds, the First Payment thereof to commence for the Month of October last; and so for each ensuing Month the like Sum of Eight Hundred Pounds, until it shall be declared by both Houses of Parliament to the contrary: And this, together with the Acquittance of the said Cornelius Holland, for Receipt of such Monies as are now remaining in the Custody or Charge of the aforesaid Sir Ralph Freeman and Sir Thomas Alisbury, or the Deputies or Clerks or other Assigns of the Warden or Wardens of the Mint, by virtue of the said Office, shall be a sufficient Discharge unto them, and every of them, for Delivery of the said Money unto the said Cornelius Holland, in Manner aforesaid; as also unto all other His Majesty's Officers and Ministers whomsoever, belonging unto the said Office of the Mint, for doing or executing any Thing that shall or may conduce to the Advancement of any Thing required in this Ordinance."

Adjourn.

House adjourned till 10 ^a cras.