House of Lords Journal Volume 5: 24 March 1643

DIE Veneris, 24 die Martii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Serjeant Glanvile, Leave to go into the Country.

Ordered, That Mr. Serjeant Glanvile hath Leave to go into the Country, to his own (fn. 1) House; and shall have a Pass, to go quietly, with his Coach and Horses and Saddle-horses.

Plummer and Errington, for opening the E. of Holland's Letter, released.

Ordered, Upon the Motion and Desire of the Earl of Holland, "That John Plummer and George Errington, that opened the Earl of Holland's Letter, shall be released from their present Imprisonment."

Lady Crawmond, a Pass.

Ordered, That the Lady Crawmond shall have a Pass, to go to Oxford, and return again; and Mrs. Turvile's Son to go with her.

Lady Boddenham, a Protection.

Ordered, That the Lady Boddenham shall have a Protection for her House in Rutlandshire, where the Earl of Purbecke lives with (fn. 1) her.

Guns to be fired on the Coronation-day.

Ordered, That the King's Master-gunner shall have Powder allowed him, to charge the Ordnance at The Tower, to shoot off at the Coronation-day, according to the usual Manner.

Message from the H. C. to expedite the Ordinance, for seizing the Estates of Papists, &c.

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

1. To desire their Lordships to give Expedition in the Ordinance for seizing the Estates of Papists and others, because divers well-affected to the Parliament have their Estates and Rents seized.

for Concurrence in the following Ordinance and Order;

2. To desire Concurrence in an Order concerning the City of Exon. (Here enter it.)

Agreed to.

3. An Order concerning sequestering the Profits of the Vicarage of Weston Zoiland, in the County of Som'sett, from Tho. Holt. (Here enter it.)

Agreed to.

and for a Conference, about Letters from Sir William Brereton.

4. To desire a Conference concerning some Letters which they have received from Sir Wm. Bruerton.

Agreed, To give a present Conference, in the Painted Chamber.

Holt, for Words against the Parliament, sent for.

Ordered, That Thomas Holt, Vicar of Weston Zoiland, in the County of Som'sett, shall be attached by the Gentleman Usher attending this House, and brought before the Lords in Parliament, to answer the speaking of insolent and base scandalous Words against the Parliament.

The Answer (fn. 2) returned was:

Answer to the H. C.

That their Lordships do agree with the House of Commons in the Two Ordinances now brought up, and will take the Ordinance for seizing of Delinquents Estates into speedy Consideration; and that their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Barnes's Creditors to take their Remedy against him.

Upon the Petition of Wm. Ridges and Tho. Spalding, and divers others of London, Creditors of Jo. Barnes, who is a convicted Recusant, and a Goldsmith, living in The Strand, and no menial Servant of the Lord Morley's: It is hereupon Ordered, That the Order made by this House, to give him Protection according to the Privilege of Parliament, as being (as was then informed) the menial Servant of the Lord Morley, shall be hereby revoked and made void; and the Creditors of the said John Barnes shall be left to take their Course for Recovery of their just Debts according to the Law, as if no such Protection had been made.

Ordinance for seizing Estates of Papists, &c.

Next, the Ordinance for the seizing of the Estates of Papists and others, Delinquents, was read.

Ordered, That the Consideration of this Ordinance is committed to a Committee of the whole House, and to be considered of To-morrow Morning, at Nine of the Clock.

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

Report of the Conference, about Letters from Sir William Brereton, from Cheshire.

And the Speaker reported the Effect of this Conference:

"That the King had sent a Warrant into the County of Chester, for the seizing of the Estates of Gentlemen of that County."

(Here enter the King's Warrant.)

"2. A Letter was read, declaring a happy Victory given by the Forces under the Command of Sir Wm. Bruerton, to some of the King's Forces."

Message from the H. C. for a Conference on the King's last Message.

A Message was brought from the House of Commons, by Sir John Wray:

To desire a present Conference, if it may stand with their Lordships Conveniency, touching the King's last Message.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

Lady Bymon, a Pass.

Ordered, That the Lady Bymon shall have a Pass, to go to Oxford, with a Man and a Maid.

The House was adjourned during Pleasure; and the Conference, being ended, the House was resumed.

Report of the Conference on the King's last Message.

The Speaker reported the Effect of this Conference; which was, "That the House of Commons have communicated to their Lordships some Resolutions, which they have made concerning the King's last Message; wherein there is an Offer of His Majesty's, to treat upon the Propositions in Case the Cessation be not agreed on; concerning which the House of Commons have made a Vote, wherein they desire their Lordships Concurrence:

"Resolved, upon the Question,

Votes about the Cessation.

"That the Committee at Oxon shall have Power to treat and debate with His Majesty upon the Two First Propositions, according to their Instructions for Four Days after the Day of the Receipt of this Message, notwithstanding that the Cessation is not yet agreed upon."

Ordered, That this House agrees with the House of Commons in this Vote.

"And, because it is not an easy Matter now to send Reasons to His Majesty, for desiring a Cessation so qualified as is offered, the House of Commons have made a Vote; videlicet,

"That the Committee formerly appointed to prepare the Articles of Cessation and Instructions for the Committee at Oxon, shall consider of an Answer to be made to His Majesty's Message this Day received; and likewise prepare Reasons to be sent to the Committee, for them to press in the Treaty and Debate upon the former Articles of Cessation; and to shew His Majesty the Grounds why the Houses cannot depart from these former Articles."

Agreed to.

"And, for the present, they think it fit to send a Message to His Majesty: videlicet, (Here enter.)

"May it please Your Majesty,

Message to the King, in Answer to His, about the Cessation.

"We, Your Loyal Subjects, the Lords and Commons in Parliament, having received a Message from Your Majesty, in which You are pleased to express Yourself not to be satisfied with the Articles of Cessation presented unto You by our Committee now attending You at Oxford, and yet a Signification of Your Majesty's Willingness to treat upon the Propositions themselves even without a Cessation, do, with all Humbleness, give our Consent, that our Committee shall have Power to treat and debate with Your Majesty upon the Two First Propositions, according to their Instructions, for Four Days after the Day of the Receipt of this Message, notwithstanding that the Cessation be not yet agreed upon; that (as much as in us lies) there may be no Delay in the Proceedings for the obtaining of a Blessed Peace, and the healing up of the miserable Breaches of this distracted Kingdom; and do purpose to represent very speedily unto Your Majesty those just Reasons and Grounds upon which we found it necessary to desire of Your Majesty a Cessation so qualified as that is, whereby, we hope, You will receive such Satisfaction as that You will be pleased to assent unto it; and, being obtained, we assure ourselves it will be most effectual to the Safety of the Kingdom, and that Peace which with so much Zeal and loyal Affection to Your Royal Person, and in a deep Sense of the bleeding Condition of this poor Kingdom, we humbly beg of Your Majesty's Justice and Goodness."

"The Instructions to the Committee at Oxford:

Instructions to the Committees at Oxford about it.

"My Lord and Gentlemen,

"Whereas, by your former Instructions, you are tied up to a Circumstance of Time, and are not to proceed to the Treaty upon the Propositions until the Cessation of Arms be first agreed upon, you are now authorized and required, as you may perceive by the Votes of both Houses which you shall herewith receive, to treat and debate with His Majesty upon the First Propositions, according to those Instructions, for Four Days after the Day of the Receipt hereof, notwithstanding that the Cessation be not yet agreed upon."

Ordered, The Speaker do inclose these Votes, and the Instructions and Message to the King, in a Letter to the Earl of Northumb.

Message to the H. C. for them and the Votes to be sent to the Committee, and the Message to the King.

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

To let them know, that their Lordships do agree with the House of Commons in the Votes, and the Message to be sent to the King, and the Instructions to be sent to the Committees; and have appointed them to be sent away presently, by Sir Peter Killegrewe.

Chamberlaine, King's Servant, a Privilege.

Ordered, That Mr. Chamberlaine, a menial Servant to the King, as appeared by the Certificate of Sir Tho. Merry, and the Officers of the Green Cloth, shall enjoy the Privilege of Parliament, and be freed from Arrests.

Order for seizing the Estates of those in Chester, who are in Rebellion against the King.

"Whereas, by the King's Majesty's Warrant, under His Sign Manual, bearing Date at Oxford the 28th Day of February last, whereby it appears that His Majesty is informed that divers Gentlemen and Freeholders of this County are at this Time in actual Rebellion in this County, and that others have absented themselves from their Abodes and Habitatious, and do assist the present unnatural Rebellion, we are required and commanded to seize and sell all the Goods, and to sequester and lease out the Estates, of all such Persons as have or shall appear in Rebellion, or, having withdrawn themselves, shall be any Ways aiding and assisting to the Rebels, in any Place whatsoever; and we are thereby required to employ the Issues and Profits arising out of such Persons Goods and Estates, for Advance of His Majesty's Service, and the Maintenance of the necessary Charge of this County and City: These are, therefore, in Pursuance of His Majesty's Pleasure and Command, and for the Advancement of His Service, to publish and declare, and strictly to charge and command all Person and Persons, having in their Hands any of the Goods and Chattels, or in their Possession any Lands, of any Person in Rebellion, or aiding and assisting to any of the Rebels, to give speedy Notice of such Goods or Lands in their Possession, to Sir Nicholas Byron Knight, Governor of the City of Chester, or the High Sheriff of the County, within Six Days after Publication thereof; and further to publish and declare unto all such Persons that have, since the First of January last, withdrawn themselves from their Houses and Habitations in the County of Chester, whereby they have deprived His Majesty's loyal Subjects of their Aid and Assistance, for suppressing the present Rebellion, That they, and every of them, shall, within Six Days after Publication hereof, return to their respective Dwellings, and acquaint the said Sir Nicholas Byron of such their Return, or shew unto him the Cause of absenting themselves, upon Peril of being proceeded against (as Persons aiding and assisting the Rebels) according to His Majesty's Command beforementioned: And hereof they are to take Notice, at their Peril.

"Given under our Hands, and the Hands of the said Governor of Chester, the Eighth Day of March, 1642.

"Rivers.
Rob't Killmorrey.
Rob't Cholmondley.
Thomas Savage.
Nic. Byron."

Ordinance for raising Money, &c. for the Defence of Exon.

"Whereas divers Persons have subscribed, within the City of Exon, upon the Propositions of both Houses of Parliament, and did thereby engage to bring in a certain Proportion of Money or Plate, for Preservation of the Public Peace, Defence of the King, and both Houses of Parliament, from Force and Violence, and to uphold the Power and Privileges thereof, but such Persons have hitherto neglected to do or perform the same; and whereas General Rates and Taxes have been made and laid, by public Authority, upon the Inhabitants of the said City, for the necessary Fortification and Defence of the same, as also for making Provisions of Arms, Ammunition, and other Things requisite to be used in and about the said City, and for Maintenance and Relief of Soldiers and others in the said City; but many of the Persons assessed, out of a malignant and perverse Disposition to oppose a Work so much conducing to the Safety of that City, in a Time when the Ruin and Destruction thereof was not only threatened, but endangered, have purposely absented themselves, to avoid Payment, and others have refused or neglected to make Payment of the Sums they have been set at; all which hath been much to the Prejudice of the Commonwealth, and is and may be of evil Consequence and Example, if some timely Remedy be not provided, to compel the Payment thereof: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the Mayor and Deputy Lieutenants of the City of Exon, or any Three of them, shall have full Power and Authority (fn. 3) hereby given unto them, and every Three of them, to levy all and every such Sum or Sums of Money, and the Value of such Plate, as hath been at any Time subscribed, within the City of Exon, upon the Propositions of both Houses of Parliament, and the same not brought in (fn. 4) and satisfied, or Sums of Money as any Person hath been assessed or taxed at, within the said City, for the Defence, or other such like necessary Occasions of the said City, by Distress and Sale of the Goods of every such Person, wherever the same shall be found; and to break open any House, Chest, Trunk, Box, or other Thing, wherein any such Goods are; and, if any of the Persons above specified shall conceal or convey away his or their Goods, or have not, whereby he cannot be distrained, or the Sum he is to pay can be levied, that then it shall and may be lawful for the said Deputy Lieutenants, or any Three of them, to commit him or them Prisoners to such Place or Places as they shall think fit, there to remain until they shall have satisfied the same."

Order for sequestering the Profits of Weston Zoiland from Mr. Holt.

"Whereas Thomas Holt, Vicar of Weston Zoiland, in the County of Som'sett, hath not only been acting in abetting and encouraging the Execution of the illegal Commission of Array, but hath also expressed virulent Malignancy against the Parliament, and the Power and Proceedings thereof, in persuading his Parishioners and Neighbours that the Parliament is dissolved by the King's withdrawing from it, and in bitter inveighing against such as have taken up Arms in Defence of King and Parliament, as Traitors and Rebels again the King; publicly affirming, "That there were none left in the Parliament but a Company of factious Fellows, who sought nor intended Good to the Kingdom, but would take away the King's Crown from His Head;" and hath endeavoured to raise up Arms, to resist and fight against such as did unite themselves for the Defence of the King and Parliament; and hath scandalously, falsely, and maliciously given out, "That, if His Majesty had not gone away from His Parliament, the Lords and Commons there assembled would have taken away His Head from His Body;" and usually jeereth and vilifieth the Authority of Parliament: All which the Lords and Commons in Parliament assembled taking into Consideration, for the better Supply of an able and Godly Minister in the said Church, and for the Provision of fit Maintenance for those that shall officiate herein, do constitute and Ordain, That Thomas Hill, John Hill, John Burge, John Jeadell, William Godfrey, Rob't England, William Miller, and Francis Yeadall, Parishioners of the said Parish of Weston Zoiland, or any Three of them, shall have Power and Authority, and are hereby required, to sequester and take into their Hands the Vicarage-house, and all the Glebe Lands, Tithes, Rents, and Profits whatsover, of the said Church, and to appoint Collectors for the gathering and receiving of them, as they in their Discretions shall think fit; and shall have Power, and are hereby required, to deliver and pay the same unto Samuell Pretty, Master of Arts, a Godly, Learned, and Orthodox Divine, who is hereby appointed and required to preach every Lords-day, 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 shall be taken by both Houses of Parliament; and, if any shall refuse to pay or deliver unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the Tithes, Rents, Duties, or lawful Fees accustomed to be paid, or the said Vicarage-house and Glebe Lands, upon Information thereof by the said Sequestrators, or any Three of them, unto either House of Parliament, the said Lords and Commons do hereby Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Adjourn.

House adjourned till 10^a cras.