House of Lords Journal Volume 5: 3 February 1643

DIE Veneris, videlicet, 3 die Februarii, post meridiem.

PRAYERS.

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

Ordinance for raising Forces in Wiltshire.

The Ordinance brought up Yesterday from the House of Commons, concerning the raising of Forces and Monies in the County of Wilts, was read. (Here enter it.)

Agreed to.

Message to the H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Dr. Bennet and Dr. Aylett:

To let the House of Commons know, that this House agrees with them in the Ordinance concerning raising of Monies, in the County of Wilts.

Message from thence, for the Earl of Warwick's Fleet to be expedited;

A Message was brought from the House of Commons, by Sir Peter Wentworth; which consisted of these Particulars:

1. To expedite the Commission to send the Earl of Warwicke to Sea, in regard they understand that Thirty Pilots are gone from Newcastle, to convoy Demark (fn. 1) Ships.

for Members who have raised Forces against the Parliament to be disqualified from sitting;

2. They desire their Lordships Concurrence in this Order, and that the same may be made for the Members of this House; "That such Members of the House as have actually levied War, or voluntarily contributed to the Forces raised against the Parliament, shall be forthwith disabled for sitting and continuing any longer Members of this House, during this Parliament."

Agreed to; and Ordered, That the same Order be for the Members of this House.

to empower the Committee for raising Money to commit Assessors who are negligent;

3. To desire their Lordships Concurrence in this Order: videlicet,

"It is this Day Ordered, by the Lords and Commons, That the Committee of Lords and Commons for Advance of Monies shall have Power to commit such Persons, and during so long Time as they shall think fit, Assessors or Collectors made upon the Ordinance of the 29th of November as they shall find negligent in the Service, or that shall refuse to undertake it."

Agreed to.

4. To desire Concurrence also in this Order: videlicet,

for Collectors to have Power to break open Doors, &c.

"Ordered, That the Collectors, made upon the Ordinance of the 29th of November, for Assessments, shall have Power to break open any Chests, Trunks, Boxes, Doors, or other Things, whereby to take a Distress for the Sums of Money assessed upon any Person, and unpaid, and the Time limited for Payment by the said Ordinance elapsed; and also if they find any Chests, Money, or other Goods, in the Hands of any Persons, which shall be proved or confessed to belong to any Person assessed, that has not satisfied the Assessment, that the said Collectors shall have Power to seize such Chests, Money, or Goods, for Satisfaction of the Sums assessed."

Agreed to.

and with Two more Assessors Names for St. Olaves Southwark.

(fn. 2) 5. To desire that George Nashe and Wm. Freeman be added to the Six Assessors for the Parish of Olaves, Southwarke.

Agreed.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons, in the Orders now brought up; but concerning the Ordinance concerning the Earl of Warwicke, this House will take the same into Consideration, and send an Answer by Messengers of their own.

Message from the H. C. for Concurrence in the following Orders.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

To desire their Lordships Concurrence in these Orders following: videlicet,

1. An Order for sequestering the Profits of Edward Hinde's Living. (Here enter it.)

2. An Order for sequestering the Profits of Dr. Layfeild's Livings. (Here enter it.)

Agreed to.

3. An Ordinance for Pressing of Mariners, &c. (Here enter it.)

Agreed to.

Ordered, That this Ordinance shall be printed and published.

4. That the Committee for the Navy shall have Power to make an Addition of Thirty Merchants Ships, or others, to the Fleet to be sent forth this Summer, for the Defence of the Kingdom.

Agreed to.

5. An Order for vindicating the Lord Fairefaix and others employed in their Service. (Here enter it.)

Agreed to; and Ordered, That this be printed and published.

6. An Order to pay Four Thousand Pounds of the Lyncolneshire Money to the Lord Fairefaix's Army (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; and have Ordered the Ordinance concerning the Mariners, and the Declaration concerning the Lord Fairefaix, to be printed and published.

"An Ordinance for the better raising and levying of Mariners, Sailors, and others, for the present Guarding of the Seas, and necessary Defence of the Realm and other His Majesty's Dominions.

Ordinance to impress Seamen, to man the Fleet.

"Whereas it hath been thought fit, by both Houses of Parliament, to appoint great Fleets this Year, to be prepared for Service, with all possible Expedition, for the Guarding the Narrow Seas, Preservation of Trade, and for the necessary Defence of this Kingdom and other His Majesty's Dominions, which at this Time is at more Necessity than ever, considering not only the homebred Distractions of this Kingdom and of Ireland, but the great Preparations which are marching already in Foreign Parts, in Aid and Encouragement of the Papists, and ill-affected Party amongst ourselves, now up in Arms against the Parliament; and whereas the said Fleets (fn. 3) now in Preparation to be set forth cannot timely enough be expedited, unless the same be furnished with fit and sufficient Men for that Service:

"Be it therefore Ordained, by the Lords and Commons in this present Parliament assembled, That the Commissioners of the Admiralty appointed by both Houses, or any Three of them, shall and may, at any Time or Times, between the 1st of February, 1642, to the last of December next coming, by themselves, their Commissioner or Commissioners, or their Officer or Officers, or any of them, (fn. 4) raise, levy, and impress, such and so many Mariners, Sailors, Watermen, Chirurgeons, Gunners, Caukers, Ship Carpenters, and Hoymen, as also Carmen for the said Carriage of Victuals, as shall be requisite and necessary for this present Expedition, or for any such further Defence of this Realm, or any other of His Majesty's Dominions; which said Mariners, Sailors, and other such Persons so to be levied and impressed as aforesaid, or every of them, shall have paid and delivered unto him, upon such his impressing, by the Person that shall so impress him, for Conduct-money, for every Mile from the Place where he shall be so impressed, to the Ship or Place where he shall be appointed to make his Repair, the Sum of One Penny; and the like Sum of One Penny for every Mile from the Place of his Discharge unto the Place of his Abode; and shall be allowed, for his Service, the best Wages and Entertainment which have or hath been allowed, by His Majesty, to any such Person or Persons respectively, at any Time within Three Years last past: And to the End that the common Seamen may be the better encouraged with Alacrity and Chearfulness to undertake this Service, be it further Ordained, That an Addition of Wages be allowed, from Fifteen Shillings per Mensem, unto Nineteen Shillings per Mensem, to every common Seaman; as also to such Watermen as have been already at Sea, in His Majesty's Ships or others, and can do their Labours as Seamen, and not otherwise; and if any Mariner, Sailor, Waterman, Chirurgeon, Gunner, Ship Carpenter, Cauker, Hoyman, or Carman, shall wilfully refuse to be impressed in or for the said Service, or shall voluntarily hide and absent himself at the Time of such Press, to avoid the said Service, or, receiving his said Conduct-monies, do not appear at such Places and Times as by his Ticket he is appointed, that then any such Person so offending shall suffer Imprisonment, by the Space of Three Months, without Bail or Mainprise: Provided always, and be it Ordained, That no Money, or other Reward, shall be taken, or any corrupt Practice used, by any the Persons authorized by this Ordinance, in or for the pressing, changing, sparing, or discharging, of any Person or Persons to be impressed as aforesaid, as they will answer such Offence in Parliament; and all Deputy Lieutenants, Mayors, Bailiffs, Constables, and all other inferior Officers, are hereby required and enjoined to be aiding and assisting, from Time to Time, the Persons authorized by this Ordinance, according to the true Intent and Meaning thereof; provided always, that this Ordinance shall not extend to the Pressing of any Master or Master'sMate, Gunner, Carpenter, or Boatswain, of any Ship or Vessel that is or shall be in Employment."

"A Declaration of the Lords and Commons in Parliament, for the vindicating of Ferdinando Lord Fairefax, and others employed in their Service.

Declaration for vindicating L. Fairfax and others.

"Whereas Henry Earl of Cumberland and William Earl Newcastle have not only traiterously raised War against the Parliament; but likewise the said Earl of Newcastle, out of a wicked Design to suppress the Protestant Religion, and to advance the Popish Idolatry and Superstition, hath raised and armed a great Number of Papists, and, having brought them together in the Body of an Army, is become their Head and Captain General; and, further in Pursuance of that wicked Design, and for the terrifying and destroying of those who, out of Conscience and Duty to God and the Kingdom, should oppose them in the Execution thereof, they have, by several Proclamations, that is to say, by one bearing Date the 1st Day of December last under the Name of the said Earl of Cumberland, and another dated the Seventeenth of January last under the Hand of the said Earl of Newcastle, falsely, maliciously, and traiterously, published Ferdinando Lord Fairefax, Sir Thomas Fairefax Knight, Sir Edward Loftus Knight, Sir Mathew Boynton Knight and Baronet, Sir Henry Fowlis, and Sir Thomas Maldverer Baronets, Sir Richard Darly, Sir Christofer Wray, Sir Henry Anderson, Sir John Savill, Sir Edward Rhoades, Sir Hugh Cholmely, Sir Thomas Remington, Sir Thomas Nortliff, Knights, John Hotham, Thomas Hatcher, Wm. Lister, John Legard of Malton, John Dodsworth, John Wastell, John Peirce, Esquires, William White, John Robinson, Arthur Beckwith, Thomas Robinson, and Thomas Stockdale, Gentlemen, and divers others, and all their Adherents, to be Traitors: The Lords and Commons now assembled in Parliament do hereby Declare, That the said Ferdinando Lord Fairefax is by them, or by Authority derived from them, appointed Captain General of the Forces raised, and to be raised, for the Defence of Religion, the Liberty of the Kingdom, and of the Parliament; and whatsoever he or any of the Persons aforenamed, or any under him or them, have done by virtue of that Authority, they have done lawfully, and acccording to that Duty which all good Subjects owe to God, the Kingdom, and their Country; and that they shall, for their so doing, be maintained by the Power and Authority of Parliament: And they do further authorize and require the said Ferdinando Lord Fairefax, and the said Persons aforenamed, and all others, to continue and proceed in this so necessary and acceptable a Service; and that all Means may be used for the suppressing that Army of Papists and Persons popishly affected, now under the Command of the said Earl of Newcastle, which evidently threatens Ruin and Desolation to our Religion, Laws, and Liberties, and will (if not prevented) make us undergo those Cruelties, Rapines, Spoilings, and Murderings, that our Brethren of Ireland have suffered by the Popish Rebels there, which we must also expect from these, if they be not timely and powerfully resisted: The said Lords and Commons do further Declare the said Henry Earl of Cumberland and Wm. Earl of Newcastle, and all that shall assist them, or either of them, in their Persons, or with Arms, Money, Provision, or otherwise howsoever, to be guilty of High Treason, for raising Arms against the Parliament and Kingdom; and that the said Earl of Newcastle, having made himself Head of a Popish Party now in Arms, hath thereby, after a more horrid and detestable Manner, manisfested himself to be a Traitor and an Enemy to all true Religion and Goodness: And therefore the said Lords and Commons do further require and command all Persons, of what Estate, Degree, or Quality whatsoever they be, as they tender the Good and Prosperity of the true Protestant Religion by Law established, and Preservation of themselves, their Laws and Liberties, and as they will answer it before Almighty God, That they do forthwith wholly and absolutely withdraw themselves from giving any Aid or Assistance to the said Earl of Newcastle, or any of the Forces by him or under his Command; and that they fail not to give all ready and chearful Obedience and Assistance to the Command and Authority of the said Lord Fairfax, so much conducing to the Preservation of Religion, and to the Peace of the County of Yorke, and Weal of the whole Kingdom, whereunto the Lords and Commons are confident that all Persons which are, or desire to be accounted, (fn. 5) true Protestants, and rightly affected to God's true Religion, the Peace of the Kingdom, and the Liberty of the Subject, will (to their uttermost Endeavours) willingly and resolutely submit, conform, and apply themselves."

Profits of Whepstead Living sequestered from Mr. Hind.

"Whereas Edward Hinde, Parson of the Parish of (fn. 6) Whepstead, in the County of Suffolke, hath, ever since October last past, deserted his Cure, and betaken himself unto the Army of Cavaliers, whereby that Congregation hath been wholly neglected, and altogether destitute of Spiritual Food, were it not that sometimes (by the Intreaty of some of the Parishioners) neighbouring Ministers come thither, to supply the Cure; all which the Lords and Commons in this present Parliament assembled taking into Consideration, and the Needfulness of Supply of an able and Godly Minister in the said Parish instead of the said Mr. Hinde, and for the Provision of fit Maintenance for him that shall officiate therein, do hereby constitute and Ordain, That Mr. Thomas Taylor Senior, Mr. John Frost, Mr. John Coningsby, Thomas Steward, and John Bulbrooke, all of Whepstead aforesaid, or any Three of them, shall have Power to sequester the Parsonage House of Whepstead, with the Barns and Out-houses thereunto belonging, and all the Rents, Tithes, Glebe Lands, and Profits whatsoever, of the said Parsonage of Whepstead aforesaid; and to appoint Collectors for the gathering and receiving of them, and the Profits accruing, as they in their Discretion shall appoint; and all the said Rents, Tithes, Glebe Lands, and Profits thereby arising, the Sequestrators aforesaid, or any Three of them, shall have Power to pay, or cause to be paid, unto Mr. Beadle (a painful and godly Minister, lately driven out of Ireland by the Rebels, and stript of all his Means, and hath no Benefice or Cure, and a Man whom the Parishioners much approve of), who is hereby appointed, authorized, or required, to preach every Lords-day, and to officiate as Parson there, and to take Care for the Discharge of the Cure of that Place, in all the Duties thereof, till such Time as the said Mr. Hinde will appear before the Parliament, to answer these and all other his great Misdemeanors, that the said Parishioners will be ready to prove against him; and, until further Order shall be taken by both Houses of Parliament, his Hand for what he shall receive shall be their Discharge: And the said Lords and Commons do further constitute and Ordain, That the said Sequestrators, or any Three of them, shall have Power to nominate and appoint such Clerk, and other Officers belonging to the said Parish Church of Whepstead, which are usually nominated and appointed by the said Parson, during all the Time of the Sequestration; and shall have Power to pay and discharge all First Fruits, Tenths, Subsidies, and all other Dues, payable out of the said Parsonage, and all Charges whatsoever for and towards all needful and necessary Reparations of the said Parsonage House, and all the Outhouses thereunto belonging, during all the Time of the Sequestration, out of the Profits thereof; and if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the Rents, Tithes, Profits, Duties, lawful Fees accustomed to be paid, upon Information thereof by the Sequestrators, or any Three of them, unto either House of Parliament, the said Lords and Commons do hereby Declare, They willproceed against any such Refusers according to their several Offences and Contempts."

Profits of Allhallows Barking Living, in London, sequestered from Dr. Layfield.

"Whereas Edward Layfeild, Doctor in Divinity, Vicar of Allhallowes Barking, London, hath been heretofore, upon Complaint made unto the House of Commons in Parliament against him, and due and full Examination thereof had, voted by the said House unfit and unworthy to hold or enjoy any Benefice, or Ecclesiastical Promotion, in the Church of England, and, by reason of the great and unexpected Businesses of Parliament, no further Proceedings have been sithence thereupon had; and whereas the said Dr. Layfeild, being a double-beneficed Man, and also Archdeacon of Essex, hath ever sithence placed in the said Church, as his Curates, to officiate there successively, Three very scandalous Ministers, and Two of them so voted upon Examination of sundry credible Witnesses against them, by the Committee of the said House of Commons concerning scandalous Ministers; and also hath, for the Space of Four Months last past, deserted and left his said Cure, and is reported to be in the Army of Cavaliers raised against the Parliament, to the great Dishonour of God, Scandal of Religion, and Endangering of the Souls of the Parishioners of the said Parish, who are very many, and Persons of great Worth and Quality in the said City of London; all which the Lords and Commons in Parliament assembled taking into Consideration, for the Prevention of the further Danger that may come to the said Parishioners by the Doctrine and Example of such evil and scandalous Persons, and the Supply of an able and Godly Divine in the said Church, to instruct and lead the People of the said Parish in the Words of Truth and Piety, and for the Provision of Maintenance for him that shall officiate in the said Cure by virtue hereof, do constitute and Ordain, That Mr. Alderman Fowke, Mr. Thomas Walton, Mr. John Wood, Mr. Richard Lant, Mr. John Davies, Mr. Thomas Stevenson, and Mr. Wm. Coltman, or any Three of them, shall have Power and Authority to sequester the Vicarage House, and all the Tithes, Rents, Offerings, and Profits whatsoever, of the said Vicarage, and to appoint Collectors for the gathering and receiving thereof, as they in their Discretions shall think meet; and shall have Power to deliver the said Vicarage House, and to pay the same Tithes and Duties, unto Thomas Clendan, a Master of Arts of Fifteen Years standing at the least, a learned and Orthodox Divine, who, at the Desire of the said Parishioners, is hereby appointed and required to preach every Lordsday, and to officiate as Vicar, and to take Care for the Discharge of the Cure of the said Church in all the Duties thereof, until further Order be taken by both Houses of Parliament: And the said Lords and Commons do further constitute and Ordain, That the said Sequestrators, or any Three of them, shall have Power to regulate all such exorbitant Fees, as have been incroached at any Time sithence the said Dr. Layfeild hath been Vicar there; and if any shall refuse to pay unto the said Sequestrators, or to the Collectors appointed by them, the Tithes, Rents, Duties, Offerings, or lawful Fees accustomed to be paid, or hinder the said Mr. Clendan to inhabit and enjoy the said Vicarage House, upon Information thereof, to be made by the said Sequestrators, or any Three of them, unto either House of Parliament, the said Lords and Commons do hereby Declare, That they will proceed against the Refusers, according to their several Offences and Contempts."

Ordinance for raising Forces and Money in 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, or elsewhere, and in the West, that considerable Strength and Forces 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 these 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 of the Estates of Papists, Delinquents, Bishops, Dean and Chapter, Prebendaries of Sarum, and other Prebendaries or 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 shall not contribute in considerable Proportion to their Condition and Estate; or such Clergymen or others, as have either refused to observe or obey the Orders and Ordinances of Parliament, or otherwise have expressed any Disaffection to the Parliament or Proceedings thereof: And it is Ordered, That Sir Edward Hungerford, Knight of the Bath, calling to him any Two or more of the Deputy Lieutenants, or any Two or more of the Commissioners for Subscriptions for the said County, or Theobald Gorges, Edmond Mayneford, Alexander Thislethwayte Junior, Robert Nicholas, Walter White, Thomas Grove, John Morden, Thomas Bennett, Thomas South, Nicholas Greene, Esquires, or any Two or more of them; or, in the Absence of the said Sir Edward Hungerford out of the said County, any Three of the Persons aforementioned as the said Sir Edward Hungerford shall appoint, shall have Power, and are hereby authorized and required, to rate, tax, assess, and charge, all or any the Persons aforesaid, the 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, except 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 Hungerford 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; as also to receive the Remainders and Arrears of the Monies to be levied in that County upon the Bill of Four Hundred Thousand Pounds, to be employed by them in this Service; 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 Forces 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 the Hand of the said Sir Edward Hungerford shall be a sufficient Warrant to such Lenders to require Payment of the same, with Consideration after the Rate of Eight Pounds per Cent. upon the Public Faith: And it is likewise Ordered and Ordained, That the said Sir Edward Hungerford shall hereby have Power and Authority to disarm all such as shall not willingly contribute, in Proportion to their Estates, to the Assistance of the Parliament, and all such Persons as shall be found opposite or disaffected to the Service of the Parliament, notwithstanding any Protection had or obtained to the contrary; and also to have Power to put any Number of Soldiers into any City or Town within the said County, as to him shall seem fit and expedient, which City or Town shall be under his Command during the Time of the Abode of any such Soldiers within the same: 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 Hungerford, the Deputy Lieutenants, those of the Committee, the Persons above-named, 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 4000 l;. for L. Fairfax's Army.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Four Thousand Pounds, or such other Monies, as are collected in the County of Lincolne upon the Bill of Four Hundred Thousand Pounds, and by the said Bill is appointed by the Act to be paid at Yorke (where a a Popish Army now is), for the Payment of Billetmoney, shall be forthwith paid to the Lord Fairefax, or such as he shall appoint, for the present Supply of the Army under his Command; and the Collectors and others, in whose Hands the said Monies are, are hereby required to pay the same accordingly."