House of Lords Journal Volume 5: 5 April 1643

DIE Mercurii, videlicet, 5 die Aprilis.

PRAYERS.

Earl of Manchester, Speaker this Day.

Assistants of this House, to have a Protection.

Ordered, That Mr. Baron Trevor, and all the rest of the Assistants of this House, shall have a Protection from this House, to preserve their Houses, Goods, and Servants, from Plundering; and that they shall have Liberty [ (fn. 1) to come] to London, if they think fit.

The Speaker acquainted this House, "That he hath received a Letter from the Lord Viscount Falkland;" which was commanded to be read, as followeth:

Lord Falkland's Letter, with the King's Answer to the Reasons of both Houses for not assenting to the Articles of Cessation.

"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.

"My Lord,

"I am commanded, by His Majesty, to direct to your Lordship this His inclosed Answer to the Reasons given by both Houses to His Majesty, for their not assenting to His Majesty's Articles of Cessation; and, this being all I have in Command, I remain,

Oxford 4th April, 1643.

"My Lord,

"Your Lordship's

"Very humble Servant,

"Falkland."

Next, His Majesty's Answer was read, as followeth: (Here enter it.)

Next, a Letter written to the Earl of Manchester, Speaker of this House, from (fn. 2)

Letter from the Committee at Oxford about it.

"My Lord,

"I am told, that His Majesty's Answer concerning the Cessation is dispatched, and sent to both Houses. I thought it my Duty to send your Lordship these inclosed Papers, being Questions proposed to us by His Majesty, upon the Third Article of the Cessation, and our Answers to them; not knowing but that they may be useful to the House upon the Debate of the King's Answer; and so, for the present, I rest

Oxford, 3d April, 1643.

"Your Lordship's humble Servant,

"Northumb."

"March 31, 1643.

Question from the King, concerning the Third Article.

"Whether, by denying the Communication of Quarters, you intend to restrain the Quarters of either Army from each other, as that the Forces at Abington may not remove to Banbury, or the Forces at Henly may not remove to Alesbury, or to any other Places within the Quarters of each Army respectively?

"Falkland."

"March 31, 1643.

Committee's Answer.

"In Answer to Your Majesty's Question upon the Third Article of the Cessation, we humbly conceive that it is not intended to restrain the Quarters of either Army respectively from each other, so as they come not nearer the Quarters of the other Army; but that the Forces at Abingdon may remove to Banbury, or the Forces at Henley may remove to Alsebury, or to any other Places within the Quarters of each Army respectively, (fn. 3) so as the Forces of either Army respectively come not nearer the Quarters of the other Army than they shall be upon the Day agreed on for the Cessation to begin.

"Northumb.
W. Pierepont.
Jo. Holland.
W. Armyn.
B. Whitlocke."

"March 31, 1643.

Question from the King, about Removal of Quarters.

"His Majesty desires to be resolved by the Committee of Lords and Commons, whether the Forces at Oxford may not as well go to Reading as the Forces at Henly may to Alsebury?

"Whether His Majesty's Forces belonging to the Army at Oxford may not go to Shresbury, or any other Place backward from London, so that, in their March, they approach no nearer to any Quarters of any of the contrary Armies, till some of His Majesty's Forces shall quarter upon the Day agreed upon for the Cessation to begin?

"Falkland."

"March 31, 1643.

Committees Answer.

"We humbly conceive that, by our Instructions, we are not enabled to give any Resolution upon Your Majesty's Questions concerning the Removal of Quarters, other than we have already given.

"Northumb.
W. Pierepont.
W. Armyn.
Jo. Holland.
B. Whitlocke."

To be communicated to the H. C. and Committees to meet about them.

Ordered, That these Papers shall be communicated to the House of Commons, at a Conference; and desire that the Committees of both Houses, appointed to consider of the Articles of Cessation, may meet this Afternoon, at Three of the Clock, and consider what is fit to be done upon these Papers from the King; and what Directions are to be given to the Committees at Oxon, concerning this Business.

Message to the H. C. for that Purpose.

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

To desire a Conference, touching an Answer received from the King.

Sir Robert Rich, a Pass.

Ordered, That Sir Rob't Rich shall have a Pass, to go into North'tonshire.

Latham, the King's Woollen-draper arrested.

Delinquents sent for.

Upon the Petition of Wm. Latham, Woollen-draper to His Majesty, being arrested going to the Maundy at Oxford: It is Ordered, That the Parties, videlicet, Wm. Hawkes a Serjeant, and John Perrott a Scrivener, and Symon Perrot of London Gentleman, shall have Notice to appear before this House To-morrow; and then this House will take this Business further into Consideration.

Sir William Bronckard, Leave to stay in Town Four Days.

Ordered, That Sir Wm. Bronckard, that came from Oxford with the Answer from the King, shall have Leave to stay in London and Westm. Three or Four Days, before he returns to Oxford.

Baynes, Lord Morley's Servants Privilege.

Ordered, That Will. Bridges, and Thomas Spalding, and John Baynes Servant to the Lord Morley, shall attend this House To-morrow; and then their Lordships will give further Directions in this Business: The Earl of Bedford reported to this House "That the Lord Morley does "avouch the said Baynes to be his Lordship's Servant."

The Messengers return with this Answer:

Answer from the H. C.

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

Wade, a Pass.

Ordered, That Nic. Wade, a Servant to the Earl of Northum. shall have a Pass, quietly to return to Oxford.

Earl of Newport, Leave to take the Air.

Ordered, That the Earl of Newport shall hereby have Liberty to go abroad, and take the Air for his Health, provided it be in the Company of the Gentleman Usher in whose Custody he is.

Spencer, late Minister of St. Thomas Southwark, Petition for a Maintenance.

Upon the Petition of Benjamin Spencer, Minister of St. Thomas Parish, in Southwarke, desiring "some Maintenance now his Living is sequestered from him:" Hereupon this House Ordered, That the Churchwarden, and some other of the best of the said Parish, shall attend this House To-morrow; and then their Lordships will give such further Directions therein, as shall be agreeable to Justice.

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

Huson and Fitch, a Pass.

Ordered, That Mr. John Huson Esquire, and Machell Fitch Esquire, Servants to the Prince, (fn. 4) shall, with Two Servants and their Horses, have a Pass to go to Oxford.

Lady Spencer, &c. a Pass.

Ordered, That the Lady Spencer shall have a Pass, to come from Oxon to London, with a Coach and Six Saddle-horses, with Servants; and another Pass for her Waggon.

Trafford's Order.

Ordered, That the Earl of Lyncolne, and the Committees for the County of Lyncolne, shall be added to the Justices of the Peace that are appointed to see the Order of this House put into Execution, which was made concerning John Trafford.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

Order from the H. C. for Concurrence.

The Order formerly brought from the House of Commons, for Payment of Two Hundred Pounds to Sir Wm. Cole [ (fn. 5) was read.] (Here enter it.)

Agreed to.

Sir Thomas Cary and Bishop of Ardagh.

Ordered, That the Consideration of Sir. Tho. Carie's Petition is hereby referred to Mr. Justice Reeve and Mr. Justice Bacon, who are to report the same to this House.

Orders from the H. C. for Concurrence.

An Order to pay to Wm. Hill, for Herrings, Four Hundred and Thirty Pounds. (Here enter it.)

Agreed to.

An Order to pay Vandi Bende Fifty Pounds, for Twenty Pair of Pistols. (Here enter it.)

Agreed to.

An Order to pay Alderman Towse Six Hundred Pounds, for Beef, for Ireland. (Here enter it.)

Agreed to.

Message from the H. C. about sending away the Capuchins.

A Message was brought from the House of Commons, by Sir Peter Wentworth:

To desire their Lordships Concurrence with the House of Commons, in the speedy sending away of the Capuchins.

Ordered, That the Lords Committees formerly appointed by this House to consider of drawing up Heads for a Conference, concerning a Declaration for to vindicate the Honour of this House, and to express the Reasons why their Lordships do not think it fit to send the Capuchins away so speedily.

The Answer returned was:

Answer.

That their Lordships will send an Answer, by Messengers of their own.

Winton, a Pass.

Ordered, That Will. Winton shall have a Pass, to go to Oxon, and return back again to London.

Message from the H. C. with an Ordinance.

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

To desire their Lordships Concurrence in passing of an Ordinance for the Securing and Payment of Forty Thousand Pounds, borrowed of Persons in the City of London, for the Supply of the Army.

The Ordinance was read, as followeth. (Here enter it.)

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

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Ordinance now brought up.

Message from the H. C. with an Ordinance, &c.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior; who brought up an Order and Instructions, wherein they desired their Lordships Concurrence:

1. An Ordinance to provide Mariners, to supply the Navy. (Here enter it.)

Agreed to.

Ordered, That this Order shall be printed and published.

2. Instructions to be given to the Earl of Warwicke, for his better commanding at Sea. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in the Ordinance and Instructions now brought up.

Ordinance to provide Mariners for supplying the Navy.

"Whereas there are several Fleets now setting forth to the Seas, under the Command of the Earl of Warwicke, for the Defence of this Kingdom, and the rest of His Majesty's Dominions, in this Time of imminent Danger, which will be much retarded, if all effectual Means be not used for the providing them with able Mariners and Seamen, Watermen, &c. The Lords and Commons in Parliament do hereby streightly charge and forbid all Inn-keepers, Victuallers, Alehouse-keepers, or other Persons whatsoever, to harbour or entertain any Mariners, Seamen, Watermen, &c. pressed into any of His Majesty's or Merchant Ships employed in this Service, after the Beat of a Drum, and Proclamation made, to give them Notice to repair on board the several Ships to which they belong; and, in Case any Inn-keeper, Victualler, Alehouse-keeper, or other Person, shall be found faulty herein, the said Lords and Commons do Declare, That they will not only proceed severally against all such for their Contempt, but (fn. 6) cause their Licences for Inn or Alehouse-keeping to be made void, and themselves disenabled hereafter from such Employment; and do further require the principal Officers and Commissioners of the Navy to suffer no Payments to be made of such Debts as shall be contracted by Mariners, Sailors, or Watermen, in any Victualing-house, Ale-house, Inn, or the like, as aforesaid, out of the Wages due to any such Mariners, Sailors, or Watermen; except it be to such Housekeepers as do receive any of the said Mariners or Seamen into their Houses, being sick, or set on Shore for the Recovery of their Health; and such Inn-keepers, Alehousekeepers, Victualers, or others, as shall so receive or entertain any of the said Seamen, are to have a Testimony in Writing, under the Hand of the Lord General the Earl of Warwick, or the Captain of the Ship, or under the Hand of Two of the chief Officers of the said Ship, from whence the sick Man comes.

"And the Lords and Commons do further Declare, That, if any Mariner, Sailor, Waterman, &c. after his receiving of the Pressed and Conduct-money, neglect to make his Appearance according to the Time limited in his Ticket, or shall presume to run away, or desert the said Service, in this Time of imminent and public Danger, that all such Persons so apprehended shall be proceeded against by the Earl of Warwick, according to the Custom and Rules of War in that Behalf."

Order for securing 40,000l. borrowed of Persons in the City for Supply of the Army.

"Whereas it was Ordained and Declared, upon the last Day of February, 1642, by the Lords and Commons assembled in Parliament, That all Persons who had or should lend any Monies, towards the speedy making up of the Sum of Sixty Thousand Pounds, then desired for the Supply of the Army, should be re-paid the same, with Consideration for the Forbearance thereof after the Rate of Eight Pounds per Cent. out of the First Monies to be raised out of the Weekly Assessments by virtue of the late Ordinance of both Houses of Parliament; and whereas, the said Sum not being fully advanced, the Lord Mayor and Aldermen of London, upon the Motion and Desires of divers Members of both Houses of Parliament, did chearfully and unanimously consent to engage themselves for Forty Thousand Pounds, to be advanced forthwith, for the Supply of the said Army raised by the Parliament, under the Command of his Excellency the Earl of Essex, which is, and is understood and taken to be, a very acceptable Service, especially at this Time, and tends very much to the Preservation of Religion, Laws, and Liberties, and the Safety of the Parliament, City, and Kingdom: It is thereupon Ordained and Declared, by the Lords and Commons assembled in Parliament, That as well the Money already lent towards the said Sixty Thousand Pounds, as also the said Forty Thousand Pounds now to be advanced as aforesaid, shall be re-paid, with Consideration for the Forbearance thereof after Eight Pounds per Cent. out of the First Monies to be raised on the said Weekly Assessments: And, for their further Security and Encouragement, it is likewise Ordained and Declared, That the Weekly Assessments to be collected in London, and the Liberties, shall be paid to Sir John Wollaston Knight, John Warner, John Towse, and Thomas Andrews, Aldermen, Treasurers, in Guildhall, London, who are hereby directed and appointed to re-pay the Sums already lent, and to be advanced, as aforesaid, according to the Intent of this and the said recited Ordinance; and the said Treasurers shall not issue or pay forth any Part of the said Monies, to be raised on the said Assessment, for any other Purpose, until the said Sums lent, and to be lent and advanced, be fully satisfied, with Interest as aforesaid; excepting only such Monies as are appointed for the Use of the City, which is to be issued out by them according to the said Ordinance made for the Weekly Assessments." Instructions, by the Lords and Commons in Parliament, to Robert Earl of Warwick, by them appointed to be General and Commander in Chief of the Ships which now are, or hereafter shall be, set forth to Sea, for the better enabling him to the Performance of that Service.

Instructions for the Earl of Warwick, Commander in Chief at Sea.

"Whereas, by our Ordinance (fn. 7) of the 8th of February, 1642, you are enabled to exercise Martial Power by Sea, as the Lord General doth by Land, the vigilant and due Execution whereof will be the only effectual Means to prevent the Mutinies and Disorders which the Mariners and Seamen under your Command may be subject unto, as late Experience hath manifested:

"You are, therefore, hereby required and authorized, with all Diligence and Care, to put the same Power in Execution from Time to Time, as you shall find Cause, according to the Custom of War in that Behalf.

"And whereas, in this Time of imminent Danger, Supplies may be made from Foreign Parts, of Ships, Soldiers, Arms, Ammunition, &c. to be brought into this Kingdom, and employed against the Parliament, or to be brought into the Kingdom of Ireland, for the Service of the Rebels there, against His Majesty's good Subjects in that Kingdom:

"You are, therefore, hereby required, and fully authorized, in Case you meet with any Foreign Forces, Ships, or Vessels, as Spaniards, French, Danes, Dunkirkers, or any other whatsoever, making towards the Coasts of England, Ireland, or any other of His Majesty's Dominions, that you shall, according to the usual Manner, command them to strike their Flags, or Topsails, and shall cause them to be examined and searched, whether they have any Soldiers, Arms, Ammunition, or other Provisions for War in them, that are likely to be employed to the Prejudice of the Parliament and this Kingdom, or His Majesty's good Subjects in the Kingdom of Ireland; and, in Case of Refusal on their Part to such your Command, that you then compel them thereunto by Force of Arms, and surprize and take all such Ships and Vessels as shall so withstand and refuse you, or otherwise to burn, sink, and destroy them.

"And you are hereby authorized to grant the like Power to all and every the Captains, Commanders, and Masters of Ships and Vessels under your Command, as you in your Discretion shall see Cause.

"And lastly, you have hereby full Power and Authority to do all such other Thing or Things as shall tend to the Good of this Service, and the better Discharge of the great Trust committed unto you.

"And you, and all Commanders, Officers, Soldiers, and Mariners, obeying your Command in this Service, for the Safety of the Parliament, this Kingdom, and the Kingdom of Ireland, and all other His Majesty's Dominions, shall, for your and their Indemnity, be protected by the Authority of the said Houses of Parliament."

Order for Robert Paul, for Freight, 200l.

"It is this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the Receivers of the Adventurers-money, upon Subscriptions for Lands in Ireland, do, out of those Monies, pay unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for that Kingdom, the Sum of Two Hundred Pounds, to be by him paid over to Robert Paule, of London, or his Assigns, in full of Three Hundred Twenty-five Pounds, agreed to be paid unto him by Mr. Robert Berkly, Agent for Sir William Cole Knight, Colonel of a Regiment of Foot in Ulster, for the Freight of a Ship called The Paule of London, at the Rate of Thirty-two Shillings and Six Pence per Tun, to carry Cloaths, Victuals, and other Provisions, from London to Donnegall, in Ireland, for the Use of the said Sir William Cole's Regiment; which said Two Hundred Pounds is to be paid unto the said Robert Paule, or his Assigns, by the said Mr. Loftus, after good Certificate shall be returned of the Delivery of the Ship's Lading at Dun'gall aforesaid, and to be defalked, with the Fifteen Hundred Pounds already received by the said Mr. Berkley upon Accompt, out of such Pay as is or shall be due unto the Regiment of the said Sir William Cole."

Order for 430 l. to W. Hill, for Herrings.

"Whereas it appeareth, by the Certificate of Sir Phillip Percivall Knight, Commissary General of Victual for His Majesty's Army in Ireland, dated the 10th Day of December last, testified under the Hand and Seal of Sir Adam Loftus Knight, Vice Treasurer and Treasurer at Wars for that Kingdom, presented to the Committee appointed to take Care of the Affairs of Ireland, that Alexander Chambers and Daniell Hutchinson, Merchants, have delivered into His Majesty's Stores in Dublin Four Hundred and Thirty Barrels of Herrings, at Twenty Shillings the Barrel, amounting in all to Four Hundred and Thirty Pounds, to be paid unto Wm. Hill, of London, Merchant, within Thirty Days after Sight of the said Certificate (the Second not being paid), according to the Order of Parliament in that Behalf published in Print: It is therefore Ordered, by the Lords and Commons, That the Receivers for the Adventurers-money for Ireland do pay unto Mr. Nicholas Loftus, Deputy Treasurer at Wars for the Kingdom of Ireland, or his Agents here, the said Sum of Four Hundred and Thirty Pounds, to be by him or them paid over to the said William Hill, in full Discharge of the said Herrings."

Order for 50l. to Vanden Beinde, for Pistols.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Treasurers of the Adventurers-money for Ireland do, upon the 22d Day of September next, pay unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for that Kingdom, the Sum of Fifty Pounds, to be by him forthwith paid over to Abraham Vanden Beinde, for Twenty Pair of Pistols, at the Rate of Fifty Shillings the Pair, by him delivered to George Wood, Commissary here, to be by him transported to the Stores at Carickfergus, for the Supply of the Horse Troops in the Province of Ulster; and that the said Fifty Pounds, and the other Charges for Transportation, be defalked out of the Pay of such Soldiers as shall take those Pistols, in a proportionable Manner, as is usual."

Order for 600l. to Alderman Towse, for Beef.

"It is this Day Ordered, by the Lords and Commons in this present Parliament assembled, That the Receivers of the Adventurers-money, upon Subscriptions for Lands in Ireland, do, out of those Monies, forthwith pay unto Nicholas Lostus Esquire, Deputy Treasurer at Wars for Ireland, the Sum of Six Hundred Pounds, to be by him forthwith paid over unto John Towse Esquire, Alderman of the City of London, or his Assigns, for Three Hundred and Eighty Barrels of Beef, contracted for betwixt John Parkes of Carickfargus, Merchant, and John Davis, Commissary there, and delivered into His Majesty's Stores, at the Rate of Three Half-pence per Pound, as appeareth by the Certificate of the said John Davies, dated the First Day of December last past, and testified under the Hands and Seals of the Lord Viscount Conway and Kilulla, and Colonel Chichester, and according to the Ordinance of Parliament in that Behalf published in Print."