House of Lords Journal Volume 6: 22 July 1643

DIE Sabbati, 22 die Julii.

PRAYERS.

Earl of Manchester, Speaker.

Answer from the H. C.

The Messengers sent on Thursday last to the House of Commons return with this Answer:

That the House of Commons will send an Answer, concerning the Trial of Justice (fn. 1) Berkeley, and the Ordinance concerning Sutton-Marsh, by Messengers of their own.

Baker, Lord Craven's Servant, arrested.

Delinquents sent for.

Upon reading the Petition of Barth. Baker, complaining, "That he is arrested, contrary to the Privilege of Parliament, he being a menial Servant of the Lord Craven:" Hereupon this House (fn. 1) Ordered, That he shall be released, and the Parties that arrested him to be sent for, to appear before this House.

Lord Chief Justice Heath's Papers to be restored.

Delinquents sent for.

Upon Information to this House, "That the Study of the Lord Chief Justice Heathe, at Serjeants Inn, is broken open, and his Papers some of them carried away, which concerns divers Subjects:" Thereupon this House Ordered, That the Papers taken away shall be restored, and those that are not seized on shall not be stirred; and the Parties that took them away shall be sent for, to attend this House on Monday, to know by what Warrant it was done.

Countess of Roxborough's Goods to be restored.

Protection for Richmond House.

Upon Information to this House, "That the Goods of the Countess of Roxborough are seized upon, and carried from Richmond:" It is Ordered, That Colonel Harvie shall be sent to, to take Care that the Goods in the King's House shall not be stirred, and the Goods of the Countess of Roxborough shall not be removed; and a Protection to be granted for Richmond House, and the Goods there.

E. of Holland complains of ill Treatment by the Officer at the Court of Guard at Hyde Park.

Captain of the Guard to attend.

Upon Complaint to this House, by the Earl of Holland, "That the Officer that commanded the Court of Guard Yesterday at Hyde Parke used his Lordship in (fn. 1) an uncivil Way; and told his Lordship, That he had Command to suffer none to pass the Courts of Guards without an Order from both Houses; and said, That he was checked by some, for letting the Lady Stafford pass Yesterday with the Warrant of the Lords House only:" Hereupon this House Ordered, That, the Captain that commanded the Guard Yesterday shall be sent for, to attend this House on Monday Morning, to answer this Complaint, and to know by whom he had that Check.

Skipwith, a Pass.

Ordered, That Mr. Skipwith shall have a Pass, to go to Oxford, and return back again.

Message from the H. C. to sit a while.

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

To desire that their Lordships will sit a while, for (fn. 2) they have some Business of great Importance to acquaint their Lordships with.

To sit P. M.

Ordered, To adjourn this House until Three of the Clock this Afternoon.

The Answer returned was:

Answer.

That this House will sit at Three a Clock this Afternoon.

Doctor Wright, a Pass.

Ordered, That Doctor Wright, with his Wife and Children, shall have a Pass, to go into Holland, he being Physician to the Queen of Bohemia.

Countess of Devon, a Pass.

Ordered, That the Countess Dowager of Devonshire shall have Leave to go into Kent, Surrey, and Leycestershire.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker.

E. of Arundel's Goods at Norwich not to be removed.

Ordered, That the Goods which are at Norwich, being the Earl of Arundle's, shall not be removed by the Committees for that County, until further Order be given by the Committee for Sequestrations, consisting of Lords and Commons, here.

A Letter from the Council of War was read, directed to the Speaker of this House, the Earl of Manchester.

Letter to the Speaker, from the Council of War, desiring Supplies for the Army.

"My Lord,

"We have, after divers Addresses to the Houses, with Patience expected Recruits and Supplies of Men, Horse, Saddles, and Arms, to enable us to do the State that Service which we heartily wish we could perform; and we have in Modesty forborn to press the Necessities of the Armies upon your Lordships so often as the Condition thereof required, till now that we are driven to that Exigent, that we can be no longer silent: We must, therefore, to discharge that Trust reposed in us, make known unto your Lordships, that the Army is much decayed very suddenly, partly by the Mortality and Sickness which hath befallen us, and which lieth still upon us, and partly for Want of Pay and Cloathing, our Soldiers being grown bare, and many of them almost naked; and the Running-away of our Soldiers is not the least Occasion of our Weakness, who are encouraged to leave us, out of a Report of raising new Armies wherein they hope they shall be entertained. We hold it (fn. 3) not now fit to make Public the particular Condition of the Army, not knowing whether it will not be more pleasing to your Lordships to refer the Information thereof to such as shall be appointed by your Lordships to receive the particular Relation thereof, from those who are herewith sent to give a full Satisfaction therein; but thus much we shall be bold to say, that, if a constant Course be not held, that the Soldiers may be duly paid, and better cloathed, and that Recruits of Men, Horse, Saddles, and Arms, may likewise be provided, it will be impossible for us to answer your Expectations, or to discharge the Duties of our Place; whereof we have thought fit to give your Lordships timely Notice, that we may not hereafter have it laid unto our Charge, that we have not dealt faithfully, in concealing that which in the End (and that too soon) will be the Destruction and Overthrow of this Army, if speedy Course be not taken to supply these Wants, and prevent our further Weakness, occasioned chiefly by those Particulars formerly mentioned, some whereof will rest in your Lordships Power to provide against. And (my Lord) it concerning our Honour, and the Safety of the Kingdom, we must deal clearly and plainly with you, that, if a speedy Care be not had, there will not within a few Days be left the Face of an Army here amongst us. All which we refer to your Lordship's most serious and speedy Consideration; and rest

Brichill, 20th July, 1643.

"Your Lordship's humble Servants,

"Tho. Grey.
Ja. Holburne.
Will. Brooke.
Lionell Copley.
Jo. Middleton.
Jo. Meyricke.
Hary Barclay.
Phill. Skippon.
Jo. Bulbeir.
Phill. Stapleton.
Fran. Russell.
Ed. Aldrich.
Tho. Tyrrill.
Sam. Luke."

Ordered, To communicate this Letter to the House of Commons, at a Free Conference.

Message to the H. C. for a Conference about it.

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

To desire a Free Conference, concerning a Letter received from the Council of War.

Message from thence, for One about raising Horses;

A Message was brought from the House of Commons, by Sir Rob't Pye:

To desire a Conference, touching several Particulars for raising of Horse, &c.

and with an Ordinance.

2. To desire Concurrence in an Ordinance for the making of the Lord Fairefaix Governor of Hull.

(Here enter it.)

The said Ordinance was read, and Agreed to.

The Answer returned was:

Answer.

That their Lordships do agree to the Ordinance for making the Lord Fairefaix Governor of Hull; and that their Lordships will give a present Conference, as is desired, in the Painted Chamber.

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

Answer from the H. C.

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

None but Members to be present at Conferences.

Ordered, That the Gentleman Usher attending this House shall take Care that none come into the Painted Chamber, at Conferences, but Members of both Houses, and Assistants, and Attendants of the House of Peers; and, if any presume to come contrary to this Order, (fn. 4) they shall be committed to The Fleete.

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 raising Horses;

The Speaker reported the Effect of the Conference; which was,

"The House of Commons presented to their Lordships Consideration, an Ordinance for raising of Horses in several Counties.

a Letter to be sent into Kent;

"2. A Letter to be sent into the County of Kent, to suppress the Insurrections there. (Here enter.)

Read, and Agreed to.

and a Vote for the Lord General to move with the Army where he shall think it most necessary.

"3. A Vote made by the House of Commons, wherein they desire their Lordships Concurrence:

"Resolved, &c.

"That his Excellency my Lord General be desired to dispose of, or move with his Army, or any Part thereof, in such Manner as he shall think most fitting for the Safety and Defence of the Kingdom, and every Part thereof."

Agreed to.

Ordinance for raising Horses in several Counties.

Next, the abovesaid Ordinance for raising Horses was read; and this House Agreed to the said Ordinance, with this Proviso, "Provided always, That this Ordinance shall not extend to the Horses, Mares, or Geldings, of any Peer, or Member of the House of Peers, or any Assistant or Attendant in the House of Peers."

E. of Manchester to command in Chief in these Counties.

The Earls of Pembrooke and Bollingbrooke, and the Lord Howard of Estricke, desired to be excused, in regard of their Inabilities: Hereupon this House thought it fit, to offer to the House of Commons, that the Earl of Manchester may command in Chief both the Horse and Foot that shall be raised in these Counties; and that the Isle of Wight may be exempted.

Other Commanders.

And these Particulars to be offered to the House of Commons at a Conference; and that Sir Myles Hubbard may command the Forces of Norff. and Suff. and Colonel Cromwell Cambridgeshire, the Isle of Ely, and Huntingdonshire.

Message from the H. C. about the Ordinance for the Excise;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight:

To let their Lordships know, that the House of Commons do agree with their Lordships, that a Committee of Lords may be joined with a Committee of the House of Commons, in regulating the Persons that are appointed to manage the Excise.

and to expedite the Instructions about Sequestrations.

2. To desire Expedition in passing the Ordinance of additional Instructions concerning Sequestrations.

Ordered, To be taken speedily into Consideration.

Ordered, That it is referred to the Committee for Advance of Money at Haberdashers Hall, to join with the Committee of the House of Commons, to regulate the Affairs of the Excise; and to have a Conference with the House of Commons, to desire them to appoint the same Committee of their House, to join with the Committee of Lords; and to let them know, that their Lordships have Ordered the same to be printed.

The Answer returned was:

Answer.

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

Message to the H. C. for a Conference on Two Ordinances.

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

To desire a Conference, touching the Ordinance for raising of Horses, and the Ordinance concerning the Excise.

The Answer returned was:

Answer.

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

The Earl of Denbigh was appointed to speak at this Conference.

Ordinance for the Excise.

Ordered, That the Ordinance for the Excise shall be speedily printed; and the Commons to be made acquainted at the Conference, that their Lordships have Ordered it to be printed.

Instructions concerning Sequestrations.

Ordered, That the Committee for the additional Instructions for the Sequestrations shall meet on Monday next, at Two of the Clock in the Afternoon.

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

Nelham, a Pass.

Ordered, That Mr. Ric'd Nelham, of Twickenham, shall have a Pass, to pass to London, and back again, with his Horse, upon all Occasions.

Ordinance for Lord Fairfax to be Governor of Hull.

"The Lords and Commons assembled in Parliament, upon the assured Confidence and Trust which they have and do repose in the Wisdom, Valour, and Fidelity, of the Right Honourable Ferdinando Lord Fairefax, do Ordain, Declare, and Appoint, That the said Lord Fairefax shall be Governor of the Town of Kingston upon Hull, in the Place and Stead of Sir John Hotham Knight and Baronet, for securing of the said Town, and the Magazines there; and that he shall and may command the said Town and the Forces therein, and have the like Power that the said Sir John Hotham had; and that all Persons whom it doth or may concern shall give their Obedience unto the said Lord Fairefax and his Ministers; and that the said Lord Fairefax, or who else he shall appoint under him, shall not deliver up the Town of Hull, or Magazine there, or any Part thereof, without the King's Authority signified unto him by both Houses of Parliament: And the said Lords and Commons do further Ordain and Declare, That the said Lord Fairefax shall have the like Power and Allowance of Soldiers, both of Horse and Foot, for the Defence of the said Town, and the like Pays and Allowances, for himself, his Officers, and Soldiers, as the said Sir John Hotham, his Officers and Soldiers formerly had; and shall and may, at his Will and Pleasure, place and displace the Officers and Soldiers of the said Garrison, so as to him shall seem most necessary for the Defence and Safety of the said Town."

Letter to be sent into Kent, to suppress the Rising there.

"Gentlemen,

"The Houses, being informed that there have been divers unnecessary and prejudicial Delays, in forbearing to use the Force drawn together for the Suppression of the Commotion of divers rebellious Persons in the County of Kent, have thereupon commanded us, in their Names, to give Direction that you take a speedy and quick Course, by Force, in a Warlike Manner, to suppress and disperse the said Rebellious Persons and to seize their Arms, and to proceed against some of the chief Actors by Martial Law, and cause them to be executed upon the Place, for a Terror and Example to the rest; whereunto you are by these Presents authorized and commanded, notwithstanding any other Instructions or Directions. So we rest.

Westm. 22 Julii, 1643.

"To Sir Henry Vane the Elder, Knight, and to the Deputy Lieutenants of the County of Kent, and to Colonel Browne, Colonel Manwareing, and the rest of the Officers of the Forces now employed in the County of Kent, or to any Three of them."