House of Lords Journal Volume 5: 5 January 1643

DIE Jovis, videlicet, 5 Januarii.

PRAYERS.

Earl of Manchester was appointed to be Speaker this Day.

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

That they have delivered their Message to the House of Commons, concerning the Prison at Lambeth; and they will return an Answer by Messengers of their own. (Here enter it.)

Answer from the H. C. about a Conference concerning the Adjournment of the Courts to Oxford.

The other Messengers sent Yesterday to the House of Commons, to desire a Conference touching the Adjournment of the next Term, (fn. 1) returned.

And the House of Commons will give a Conference, as is desired.

Subject of it.

The House of Commons being come, ready for a Conference, the House Resolved, That the Speaker should let the House of Commons know, "That, upon receiving of this Proclamation for the adjourning the English Courts to Oxford, their Lordships think it fit that a Committee of both Houses be appointed, to consider of some Reasons to be addressed to the King, setting forth the Inconveniences that will follow to the whole Kingdom, if the Term be adjourned to Oxford, according to the Proclamation; and that the King be humbly desired to re-call the said Proclamation; that this House hath appointed a Committee of Six Lords, to join with a proportionable Number of the House of Commons, to draw up these Reasons, and present the same to this House."

The Names of the Lords Committees were:

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

Message from the H. C. with Instructions for Cheshire.

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

To desire their Lordships Concurrence in Instructions concerning the County of Cheshire.

The Answer returned was:

Answer.

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

Faucet and Alsop sent for, for printing scandalous Pamphlets.

Ordered, That Faucett and Alsop, Printers of scandalous Pamphlets, shall be attached, and brought before the Lords Committees for Printing, To-morrow in the Afternoon, to be examined concerning the Printing of scandalous Books.

Mr. Seaman recommended to be Minister of Alhallows.

Ordered, That the Speaker of this House do write to the Archbishop of Cant. and recommend from this House Mr. Seaman to be Minister of Alhallowes, in Bredstreat, that Church being now void.

E. of Portland.

Ordered, That the Releasement of the Earl of Portland shall be respited until Monday.

Message from the H. C. about staying some Clerks of the Privy Seal, who had a Pass to Oxford,

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

on whom were found Two scandalous Books against the Parliament, and Cyphers to Lord Falkland;

That they have received Information of Two Coaches and Twelve Horses, with Men, which are stayed at Uxbridge, going towards Oxford; and, upon their Stay ing, they produced a Warrant for their Passage, under the Clerk's Hand of this House; and being searched, there is found amongst them one Dr. Dukes, and some Clerks of the Privy Signet; and there is found about them Two scandalous Books, arraigning the Proceedings of Parliament, and Letters with Cyphers to Lord Viscount Falkland and the Lord Spencer: The House of Commons think it (fn. 1) fit that they should be stayed; but, in regard they have their Lordships Pass, they thought good to acquaint their Lordships first with it.

Ordered, That these Persons that are stayed shall be sent for back.

and for Concurrence in the following Orders.

2. The House of Commons desired their Lordships Concurrence in these Orders following:

1. An Order for to pay Mr. Loftus Nine Hundred Pounds, for the Affairs of Ireland. (Here enter it.)

Agreed to.

2. An Order to make the Lord Peter's House in Aldersgates-streat, a Prison, &c. (Here enter it.)

Agreed to.

The Messengers had this Answer returned:

Answer to the H. C.

That this House doth own the Warrant which these Persons have; but, seeing they have abused their Liberty, this House concurs with the House of Commons in sending for them back; also that this House agrees with the House of Commons in the Orders now brought up.

Message from thence, about Lambeth House, and Dobson and Howell living there.

A Message was brought from the House of Commons, by Mr. Trenchard; who brought up the Order concerning Lambeth House; and they do agree that Francis Howell may live in the House, so as Dobson may live there too.

Agreed to.

The Answer returned was:

Answer.

That this House agrees that Howell and Dobson may live at Lambeth House.

Essex Petitioners the most inconsiderable Part of the County.

A Letter, directed to the Lord Viscount Say, written from the Earl of Warwicke, was read, concerning the Petitioners that lately presented the Petition to this House from Essex for Peace; expressing that those that procured that Petition are the slightest Part of the Country, and Men of no Religion or Credit; and that they have been tampering to hinder the Association.

Brown examined, for seizing Lady Gurney's Horses, and those of the Essex Petitioners:

Next, Mr. Browne was called in, to know why he hath not restored the Horses of the Lady Gurny and the Gentlemen of Essex. He produced the Order of Parliament of the 15th of November, 1642. He said, he did not seize the Horses of the Lady Gurney. He said, he heard that the Essex Gentlemen came by the Works of the City, and jeered them; upon that, the Watch did stay them, and carry them before the Lord Mayor, and he took away the Horses; and he did not see the Order of this House for restoring them until this Morning.

Released from his Attendance.

Ordered, That Mr. Browne shall be released of his further (fn. 1) Attendance at this Time, concerning this Business.

Ordered, That Search be made, concerning the last Order made concerning the taking up of Horses.

Message from the H. C. for Concurrence in an Order.

A Message was brought from the House of Commons, by Sir Wm. Armyn:

To desire their Lordships Concurrence in an Order concerning the Lord Fairefaix's Payment of his Soldiers.

The said Order was read. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Order.

Order for making Lambeth House a Prison.

"Whereas, upon the urgent Occasions of the Commonwealth, in these Times of Hostility, it is necessary to make Provision for the Receipt of such Prisoners as shall be committed by the Parliament; and, upon Information given that Lambeth House, being now vacant, is fitting for such an Employment, the Lords and Commons in this present Parliament assembled, for the Intent and Purpose aforesaid, and for the due Ordering of the said House, and for the Regulating the Officers, and Fees belonging unto them, do hereby constitute and Ordain as followeth:

"1. That the said House of Lambeth, during these Times of Hostility, be delivered into the Hands of Dr. Layton, for the Securing of such Prisoners as shall be committed to his Keeping; and all such of the Archbishop's Servants as are now residing in the said House are hereby required to depart the said House, and to leave the Keys of all the Rooms, except of the Gallery and Rooms where the Books, Goods, Evidences, and Writings are, in quiet Possession, unto the said Dr. Layton; only John Howell and Dobson are permitted to have Chambers and remain there, keeping such Hours of going in and out as shall be allowed by the said Keeper.

"2. That it may be lawful for such of the Archbishop's Servants who are intrusted with the Goods in the said House, upon Inventory taken of them, and shewed unto the Committee for Contributions, to remove unto any other Place such and so many of them as the said Committee shall approve of to be removed; and such other Household Stuff and Lumber, which shall not be removed, but left for the Keeper's Use there, the said Keeper shall be responsible for the same at his going forth.

"3. That it shall be lawful for such as have bought the Hay that is now in the said House, to carry the same thence, as Occasion shall be, so as they do it at seasonable Hours, and within the Space of One Week after the Date hereof; and that such Wood and Coal as are now in the House shall remain there, for the Use of the same.

"4. That the Gardens, Orchards, Fish-ponds, and Grounds about the House, with the Trees therein, be preserved and kept from Spoil; and that the Chapel and Windows thereof be not defaced by any but those that are authorized thereto by Order of Parliament; and that, for the Reparation of the House, a Competency be allowed out of the said Archbishop's Rents, for the defraying thereof by Mr. Dobson aforesaid.

"5. That Colonel Manwaring and the Militia of London be desired to appoint such a continual Guard to reside there, for the Defence of the said House, and Securing of the Prisoners, as in their Judgement, with the Approbation of the Keeper for the Time being, shall be thought fit (fn. 1) and necessary.

"6. That, for the Regulating of the Fees of all such Prisoners as shall be committed to that House, the Keeper for the Time being may receive of ordinary Persons, at Entrance, Twenty Shillings, and not above; of Esquires and Knights, Forty Shillings, and not above; and for any of high Degree, Five Marks, and not above.

"Lastly, That the Keeper for the Time being may take of every Prisoner, for his Chamber, Weekly, a reasonable Allowance, according to the Room or Rooms he shall desire to make Use of; and for such as shall provide their own Furniture, to have so much abated of their Rent as the same is worth to be hired from an Upholsterer."

Order for 900 l. to Mr. Loftus, to defray the Freight of Provisions and Cloathing to Ireland.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Receivers of the Adventurers-money upon Subscriptions of Land in Ireland do forthwith pay, out of those Monies that are or shall be remaining in their Hands, the Sum of Nine Hundred Pounds unto Nicholas Loftus, Esquire, Deputy Treasurer at Wars for Ireland, or to his Agents here, to be by them disbursed and paid over unto the Masters or Owners of such Shipping as are or shall be provided for the Carriage hence of the Victual, Cloaths, and Ammunition, lately designed for the Army in the Province of Munster, the Soldiers in the Fort of Gallaway, and Town of Athlone, amounting to Nine Hundred Ton or thereabouts, in Part of the Contracts that are or shall be made with them, by Mr. George Henley, Mr. Morris Thompson, and others, Merchants of London, by Direction of the Committee for the Affairs of Ireland, and for Defray of the petty Charges incident to that Service; and that the said Receivers do make further Payment, at the End of the Service, of such other Sums of Money as by those Contracts shall appear to be due unto the said Masters or Owners, for Freight, or for other necessary Charges, which, by Estimate, may amount to Nine Hundred more, or thereabouts, the same being first allowed of by the Committee for the Affairs of Ireland, and certified by them to the said Receivers."

Order for Ld. Petre's House in Aldersgatestreet to be a Prison; and the Bishop of London's near St. Paul's.

"Whereas, upon the urgent Occasions of the Commonwealth, in these Times of Hostility, it is necessary to make Provision for the Receipt of such Prisoners as shall be committed by the Parliament; and upon Information given, that the Lord Peters's House in Aldersgate-streete, and the Bishop of London's House near St. Paule's, being now vacant, are fitting for such an Employment:

"The Lords and Commons, in this present Parliament assembled, for the Intent and Purpose aforesaid, and for the due Ordering of the said Houses, and for the Regulating of the Officers and Fees belonging to them, do hereby constitute and Ordain as followeth:

"That the said House of my Lord Peters in Aldersgate be delivered into the Hands of Christopher White, for the Securing of such Prisoners as shall be committed to his Keeping by the Parliament; and that the Keeper or Keepers of the said House now resident there be hereby required to depart the said House, and to leave the Keys of all the Rooms, together with the Possession of the same, unto the said Christofer White; and that there be an Inventory made of the Goods and Lumber, which are left to the now Keeper's Use, for which he shall be responsible.

"That the said Bishop of London's House near St. Paule's be delivered into the Hands of Mr. John Dillingham, for the Securing of such Prisoners as shall be committed to his Keeping; and that all such of the Bishop's Servants as are now residing in the said House be hereby required to depart the said House, and to leave the Keys of all the said Rooms, together with the Possession thereof, unto the said Mr. John Dillingham; and that there be an Inventory made of the Goods and Lumber which are left unto the now Keeper's Use, for which he shall be responsible.

"That, for the Regulating of the Fees of all such Prisoners as shall be committed to either of the said Houses, the Keepers respectively for the Time being may receive of ordinary Persons, at Entrance, Twenty Shillings, and not above; of Esquires and Knights, Forty Shillings, and not above; and for any of a higher Degree, Five Marks, and not above.

"Lastly, That the Keepers respectively for the Time being may take of every Prisoner, for his Chamber, Weekly, a reasonable Allowance, according to the Room or Rooms he shall desire to make Use of; and for such as shall provide their own Furniture, to have so much abated of their Rent as the same is worth to be hired from an Upholsterer."

Order for Ld. Fairfax's paying his Soldiers.

"The Lords and Commons in Parliament assembled, being truly informed with what Justice, Care, and Frugality, the Lord Fairefax, Lord General of the Forces raised in the Northern Parts, hath hitherto made Payment unto the Soldiers under his Command, both to the Good-liking and Content of the Soldiers, and great Profit of the Commonwealth: They do therefore Order, That the Lord Fairefax shall be desired to continue the same Way of Payment to his Army as he hath done hitherto; and that his so doing shall be warranted by both Houses, and accounted a Service very beneficial to the State."

Adjourn.

House adjourned.