House of Lords Journal Volume 5: 10 January 1643

DIE Martis, videlicet, 10 die Januarii.

PRAYERS.

The Earl of Manchester, Speaker this Day.

Lord Cornwall, a Pass to Scotland.

Ordered, That the Lord Carnwall shall have a Pass, to go to Scotland, for himself and Four Servants, and to return again to London.

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

1. The Order concerning Ely House, brought up Yesterday, was read. (Here enter it.)

Agreed to.

2. An Order concerning Three Thousand Pounds, lent by Bristoll towards the War. (Here enter it.)

Agreed to.

3. An Order concerning Payment of Monies to Mr. Loftus, for the Fort of Duncanon, in Ireland. (Here enter it.)

Agreed to.

4. An Ordinance concerning the County of Wilts. (Here enter it.)

Agreed to.

Common Hall in London deferred till Friday.

Ordered, To send to the Lord Mayor of London, to desire him to defer the Meeting of the Common Hall until Friday next.

Committees to meet about the King's Proclamation for adjourning the Term to Oxford.

Ordered, To send to the House of Commons, to desire that the select Committee of both Houses may meet this Afternoon, about the Proclamation for Adjournment of the next Term; to draw up some Reasons to be represented to His Majesty, to shew Him the Reasons of this Inconveniency.

Message to the H. C. about it. and deferring the Common Hall in London.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeild and Serjeant Glanvile:

To let them know, that, in regard of the great Businesses now in Hand, their Lordships have sent to the Lord Mayor, to desire him to defer the Meeting of the Common Hall until Friday next, in the Afternoon; and to desire them that the Committees for the Proclamation concerning the Adjournment of the next Term may meet this Afternoon, at Three of the Clock, in the Painted Chamber; and further, that this House agrees with the House of Commons in the Orders brought up Yesterday.

Message from the H. C. with an Ordinance for the Earl of Warwick to command the Fleet;

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

To let their Lordships know, that they understanding of Preparations of Forces and Shipping Abroad, and in regard that the Bill for the settling of the Navy cannot pass speedily, they have passed an Ordinance for appointing the Earl of Warwicke to command the Fleet, wherein they desire their Lordships Concurrence.

Ordered, To be considered of some other Time.

and to defer the Common Hall in London.

2. Whereas this Day was appointed for the calling of a Common Hall in London, whither Committees of both Houses was to have gone, to communicate the Declaration concerning further Subscriptions for the Payment of the Army; and they having now Business in Agitation of great Importance, that they cannot this Afternoon go, the House of Commons desires that their Lordships would concur with them, in sending to the Lord Mayor, to desire him that he would defer the Common Hall until some other Time.

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in sending to the Lord Mayor, to defer the Common Hall until some other Time; and concerning the Ordinance concerning the Earl of Warwicke, this House will send them an Answer by Messengers of their own.

Earl of Portland released, and to attend as a Peer.

Ordered, That the Earl of Portland shall be presently released and set at Liberty from his Restraint he is now under by Order of this House; and that he give his Attendance on this House as a Peer of this Kingdom.

Devonshire Instructions.

Next, the Instructions to the Deputy Lieutenants of the County of Devon was read. (Here enter them.)

Agreed to.

Bill for a Synod to settle the Doctrine of the Church.

Hodie 1^a vice lecta est Billa, An Act for the calling of an Assembly of Godly and Learned Divines, to be consulted with by the Parliament, for the settling of the Government and Liturgy of the Church; and for the vindicating and clearing of the Doctrine of the Church of England (fn. 1) from false Aspersions and Interpretations.

Mrs. Usher, a Pass to Oxford:

Ordered, That Mrs. Usher, Wife to the Archbishop of Armagh, shall have a Pass, [ (fn. 2) to go] quietly to Oxford, to her Husband.

Pickering sent for, for ill-treating the Duke De Vendosme, &c.

Ordered, That one Pickeringe, that hath uncivily used the Duke of Vandosme, and the Marquis De Vieu Ville very disgracefully and uncivilly, which tends much to the Dishonour of this Nation: It is Ordered, That the said Pickeringe shall be sent for, to be here Tomorrow, whereby this House may be further informed concerning the Particulars.

Sir Abraham Dawes's Bill.

Ordered, That the Bill of the Creditors of Sir Abraham Dawes shall be read To-morrow.

Rudings, a Pass to Oxford.

Ordered, That Mr. Wm. Rudings, of London, Gentleman, shall have a Pass quietly to go to Oxford, to speak with the Lady Hungate, Widow, about her Business.

Order for Ely House, to the Serjeant of the House of Commons, to be a Prison.

"Whereas the House of Commons doth require their Serjeant to apprehend and bring to the said House all such Persons who are voted to be sent for as Delinquents, and them to keep in safe Custody during the Pleasure of the said House; and that the House hath not as yet appointed any convenient House, or Place of Strength, for the better Securing and safe Keeping of such Persons so committed unto his Charge; and, upon Information given that Ely House, in Holborne, being now vacant, is fitting for such an Employment: The Lords and Commons in this Parliament assembled do hereby constitute and Ordain, That John Hunt, Serjeant at Arms attending on the said House of Commons, shall have the Possession and Keeping of Ely House, for the Uses aforesaid, during the Pleasure of Parliament, and have the Keys and Possession thereof forthwith delivered unto him; that the Gardens and Trees be preserved and kept from Spoil, and that the Chapel and Windows thereof be not defaced by any but those that are authorized by Order of Parliament; and that, for the Reparation of the said House, a Competency be allowed out of the Bishop of Ely's Rents, for the defraying thereof, by the Receiver of the said Rents."

Order for raising Forces within the County of Wilts.

"Whereas it is found necessary (for the Security and Protection of the Persons and Estates of the Inhabitants of the County of Wilts, and Parts adjacent, and for the Common Defence of the Kingdom from the Rapines and Plunderings of the Enemy, and for the Prevention of any Meeting, Invasion, or Incursion of the Enemies Forces at Oxon and in the West) that considerable Strength and Force of Men and Horses should be forthwith prepared and raised within the said County:

"It is therefore Ordered and Ordained, by the Lords and Commons now assembled in Parliament, That Two Regiments of Horse, consisting of Four Troops apiece, and One Regiment of Dragooners, consisting of a Thousand Men, shall forthwith be raised, within the said County, to be disposed of, within the said County or elsewhere, in such Manner as the Lord General shall from Time to Time appoint, or think fit, for the Purposes aforesaid, under the Command of such Person or Persons as his Excellency the Earl of Essex shall nominate and appoint: And it is further Ordered and Ordained, That, for the Payment of the Regiments and Forces aforesaid (after the Rate and Proportion of the Parliament's Pay to other Forces of the like Nature), that no Monies shall be raised in the County of Wilts (by virtue of this Ordinance) but out of the Estates of Papists, Delinquents, Bishops, Dean and Chapter, Prebendaries of Sarum, and other Prebendaries or (fn. 3) Pluralists within the County; or out of the Estates of such as have not contributed unto the Parliament; or have opposed or assisted against the Parliament, or such as have been solicited to contribute to the Propositions, and have refused; or such Clergymen or others as have either refused to observe and obey the Orders and Ordinances of Parliament, or otherwise have expressed any Disaffection to the Parliament, or Proceedings thereof.

"And it is Ordered and Ordained, That Sir Edward Baynton, calling to him any Two or more of the Deputy Lieutenants, or any Two or more of the Committee for Subscriptions, shall have Power, and is hereby authorized and required, to rate, tax, and assess, and charge, all or any the Persons aforesaid, their Lands, Goods, and Tenements, at such Rates, and with such Sums of Money and other Charges, and in such Manner and Proportion, as they shall think fit, and the Necessity of the Occasion shall require (using the best Indifferency and Moderation they can), not exceeding the Twentieth Part of their Personal Estate, or the Fifth Part of their Yearly Revenue, excepting Papists, Archbishops, Bishops, Deans, Deans and Chapters, and such notorious Delinquents as have taken up Arms against the Parliament, or have been active in the Commission of Array; and to appoint such and so many Persons to collect, gather, and levy, all such Sums or other Charges, so assessed or charged, by such Ways and Means as by them shall be directed.

"And further, the said Sir Edward Baynton shall have Power, by Virtue of this Ordinance, to receive and take all such Monies, Plate, and Horse, as are or shall be raised upon the Ordinance of Subscriptions within that County, to be employed by them in this Service, upon Accompt.

"And, in Case that present and sufficient Sums of Money cannot be gotten by any of the Means and Ways aforesaid, for Maintenance of the Force aforesaid, that then, if any Person or Persons shall lend any Sum or Sums of Money for the Advancement of the present Service, an Acquittance under Sir Edward Baynton's Hand shall be a sufficient Warrant to such Lenders to require Payment of the same, with Consideration after the Rate of Eight per Cent. upon the Public Faith.

"And it is further Ordered and Ordained, That Duplicates of Rolls be made, containing the Names and Surnames of every Person charged by virtue of this Ordinance, and the Places of their Abode, together with the particular Sums upon each of them set and assessed; and that like Duplicates be made of all such Sums of Money, or other Things, as shall be received, disbursed, employed, or expended, in this Service, upon a just Accompt to be made, and allowed by the Commons House of Parliament; and that, in so doing, the said Sir Edward Baynton, the Deputy Lieutenants, those of the Committee, and all others employed by them, and observing their Commands and Directions, or that join with and assist them in executing any of the Premises, or that shall willingly submit to perform and pay such Rates and Monies, and perform such Services, as shall be imposed on and required of them by virtue of this Ordinance, shall be protected, defended, and saved harmless, in their Estates, Lands, Goods, and Persons, by the Authority and Power of Parliament."

Order for securing 3000 l. sent by Bristol.

"Whereas the Inhabitants within the City of Bristoll have lent, upon the Parliament Propositions, Three Thousand Pounds, and paid the same (which, according to the said Propositions, ought to have been paid unto Sir John Wollaston Knight, Alderman of the City of London) unto John Ash Esquire, a Member of the House of Commons, for the present Assistance of those within the Counties of Gloucester, Som'sett, and Wilts, which are associated together for mutual Defence, in Service of King and Parliament; whereupon some of the Gentlemen of this Association became bound for the Payment of the said Three Thousand Pounds unto the said Inhabitants of the City of Bristoll, by the First Day of February next, if in the mean Time an Order be not obtained from both Houses of Parliament to accept of the said Three Thousand Pounds thus paid, as lent upon the Propositions aforesaid: Now, forasmuch as the Three Thousand Pounds is to be employed for the present Raising of an Army out of the said Three Counties, to join with other Forces under the Command of the Earl of Essex, for the more speedy Ending of this unhappy War, it is Ordered, by the Lords and Commons in this present Parliament assembled, That the said Three Thousand Pounds, thus lent and paid by the Inhabitants of the City of Bristoll as aforesaid, shall be taken as lent upon the Propositions from the Parliament; and they, the said Inhabitants of Bristoll, accordingly, to have the Public Faith for their Security and Satisfaction."

Order for Monies to be paid to Mr. Loftus, for Duncanon Fort.

"Whereas the particular Demands of the Lord Esmond, concerning the Supply of Money, Victual, Ammunition, and other Necessaries, for the Fort of Duncannon, were considered of by the Committee for the Affairs of Ireland, and an Estimate of the Charges which is hereunto annexed drawn up by them, and this Day reported by the said Committee: After Consideration of the whole, it is this Day Ordered, by the Lords and Commons in Parliament, That those Demands, according to the List annexed, be allowed, and the Monies, amounting in the whole to Two Thousand Five Hundred Sixteen Pounds, and Four Shillings, be forthwith paid, out of the Adventurers Stock for Land in Ireland; and the Treasurers and Receivers of the said Monies are hereby required to pay the said Monies unto Nicholas Loftus, Esquire, Deputy Treasurer at Wars for Ireland, or his Agents, to be by him or them paid and issued out, according to the Order of the Committee for the Affairs of Ireland, for the Purposes aforesaid; and this Order shall be as well a sufficient Warrant to the said Treasurers for Payment thereof, as to the Committee for disposing thereof accordingly.

"The Lord Esmond's Demands for the Fort of Duncannon.

"Instructions of the Lords and Commons in Parliament to the Deputy Lieutenants of the County of Devon.

Instructions for the Deputy Lieutenants of the County of Devon.

"1. That the Deputy Lieutenants of the Counties of Wiltshire, Dorsett, Som'sett, Devonshire, and Cornwall, do, within Six Days after Notice given by or from any Two or more of the said Deputy Lieutenants, meet within their several Counties respectively; and that they then renew their solemn Protestation, to desend the Protestant Religion, His Majesty's Royal Person, the Privileges of Parliament, and the Laws of the Land; and accordingly to resist, and to their utmost Power to withstand, the Rebellion of Sir Ralph Hopton and his Adherents, and all other which is or shall be raised within the said Counties.

"2. That, if any shall refuse to take the said Protestation in Manner and Form as aforesaid, that then the Deputy Lieutenants who shall continue loyal, and have taken it, do secure the Persons of those who, either by their Absence or otherwise, do declare the same, and proceed against them as Favourers of the Rebellion.

"3. That Colonels, Captains, and other Officers, do likewise take the said Protestation, at such Time or Times, Place or Places, as any Two or more of the the said Deputy Lieutenants shall appoint; and that they (by God's Help) by Force and Arms endeavour to suppress all Rebellions as aforesaid.

"4. That those Deputy Lieutenants of the several Counties, who are Commissioners for the Bill of Four Hundred Thousand Pounds, be required to examine what Money of the said Bill is within their County paid, and what is in the Collectors Hand, and what is not gathered, and in whom the Default is; and to take such further Order as they shall think best, for the causing the same to be paid, and for the bringing of those (fn. 4) to Punishment that neglect their Duties therein, and for the speedy sending both of the first and last Assessment to The Guildhall, in London, to be employed according to the Act; and likewise that the Deputy Lieutenants of Devon do receive, or cause to be received, all the Customs within their County, to re-pay the same again, upon Accompt.

"5. That the Deputy Lieutenants be likewise required respectively, within their several Counties, to examine the Subscriptions and the Contributions for Ireland, as also the Remains of the Poll-bill, and of all other Money due to the Kingdom, upon any Act or Acts, Order, or Ordinance of Parliament, and to use all Means and Ways for the finding out of the same; and then to take Order that such Monies as they shall find to remain yet unpaid by the Collectors, Treasurers, or any other, be sent to London as aforesaid.

"6. That all possible Means be used, for the sending of the Sum of Five Thousand Pounds into Devon, to be employed for the suppressing of the actual Rebellion of Sir Ralph Hopton and others, within the County; and that the Deputy Lieutenants of the said County, until the said Money shall come to them, be hereby authorized and required to billet the Officers and Soldiers in such Places within the said County as they shall think fit; and that they assure the Billeters, that they shall be paid for the same.

"7. That the Deputy Lieutenants of each County command a reasonable and indifferent Rate to be made, by the Constables and Overseers of the Poor, together with the ablest Men of each Parish, for the Raising and Paying of Eight Pence by the Day, to each Trained Soldier of the said Parish, for so long as he shall be employed for the Service aforesaid; and, in Case he do not serve, then unto such other Soldier as the said Deputies, or any One or more of them, shall place in his Stead.

"8. That such as shall not pay the said Rate so assessed, or shall be negligent in making of the said Rate, or in levying the same (the said Rate being for the Defence of the County against any actual Rebellion, and therefore legal and just), shall be reputed an Assistant to, or at least a Favourer of, the said Rebellion; and shall, by the Deputy Lieutenants of each County respectively, or by the Commander in Chief, or his Officers within those Parts, by him or them deputed for that End, be arrested and brought to Punishment, according to their Merit, and their Goods seized on according to Law.

"9. That a Declaration be forthwith printed and published, declaring, That Sir Ralph Hopton, and his Adherents, and those who assist, aid, or supply him, or his Adherents, with Money, Men, or Arms, or other Provisions whatsoever, are by the Laws of the Land Traitors, to be proceeded against accordingly; and that this Declaration shall be published in each several Parish Church.

"10. That the Deputy Lieutenants of each County (fn. 5) appointed, be hereby enabled to take Horses, within their several Counties, as often as they shall find it necessary, for the carrying of the Soldiers from Place to Place, and other Service upon Occasion; and that, the Service ended, they be restored to the Owners; and that Satisfaction be by them given, which shall be allowed by us for all the Horse which shall be lost or spoiled in the Service; and that they publish that, if any Horse or Furniture be sold or embezzled by the Soldier, the Delinquent shall, according to the Law, be proceeded against, in a Council of War, or otherwise.

"11. That the Commander in Chief, together with the Deputy Lieutenants of each County, and the other Officers, do take special Care to prevent all Plundering of Houses, and all other Insolencies; and that the Offenders herein be, by a Council of War, according to Martial Law, severely punished.

"12. That any of those who have been seduced by Sir Ralph Hopton, Sir Nicholas Slaneing, Sir Bevile Greenevile, and their or any of their Adherents, or any other in actual Rebellion (within any of the Counties aforesaid), who shall now, seeing their Error, repent thereof, and by some real Expression declare the same to any Two or more of the Deputy Lieutenants of that County where they shall be, within Ten Days after Notice given by or from any Two or more of the said Deputy Lieutenants, shall be taken into Protection, their Goods preserved, and themselves pardoned.

"13. That the Deputy Lieutenants, Colonels, Captains, and other Officers, be assistant to each other, and do endeavour by all good Ways and Means to levy all such Sums of Money as shall be due, by any Act or Acts or Ordinance of Parliament, according as they shall, from Time to Time, receive Order from both or either House of Parliament, or from the Committee or Committees deputed for the same."

Adjourn.

House adjourned till 10^a cras.