House of Lords Journal Volume 6: 26 August 1643

DIE Sabbati, 26 die Augusti.

PRAYERS.

Ds. Grey de Warke was appointed to be Speaker this Day.

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

That they have delivered their Message to the House of Commons, concerning the Trial of Justice Berkley.

Countess of Devon, a Pass.

Ordered, That the Countess of Devon shall have a Pass, to go to Oxford, with her Coach and Horses, and Servants, and necessary Conveniencies.

Britton's Petition, to prevent Williams from building too near him.

The humble Petition of Daniell Britton was read; shewing, "That one Paul Williams having purchased a Piece of Ground of Sir Rob't Rich, upon which he intends to build, which will be very prejudicial to the House of the Petitioner, and is a Thing contrary to the Laws of this Kingdom, and will be to the Destruction of a Bowling Green, which is a great Benefit to him:" Hereupon this House, considering it is no old Foundation, Ordered, That the said Paul Williams, nor any of his Assigns, shall erect any Buildings upon the said Ground purchased of Sir Rob't Rich, being Parcel of the Bowling Green.

E. of Arundel's Goods in Norfolk, not be taken away.

Upon reading the Petition of Wm. March, House keeper of the Houses of the Earl of Arundle, in Norff. shewing, "That by an Order of the House of Commons, the Goods in the Houses are seized on by the Sequestrator, and are to be brought up to London, under a Pretence that they are the Goods of Lord Mowbray; but that they are the Goods of the Earl of Arundell's, it may appear by divers Testimonies: Therefore the Prayer of the Petition is, That the said Goods may remain in the Hands of Sir Tho. Woodhouse, One of the Sequestrators of that County, until it be made appear that they are the Goods of the Earl of Arundle."

Hereupon this House thought fit to communicate the Petition, and the Proofs, to the House of Commons, by Message; and to desire, the said Goods may not be removed, until it appears by the Testimonies whose Goods they are.

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 Conference, touching some Goods of the Earl of Arundell's, seized on by the Committees for Sequestrations in Norff.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Pye, &c. which consisted of these Particulars:

1. To desire Concurrence in an Ordinance touching an Engineer, that is to recover Things lost in the Sea. (Here enter it.)

Read, and Agreed to.

2. To desire Concurrence in an Ordinance for disposing of the Houses of such as are gone away, and have not paid the Weekly Assessments in London. (Here enter it.)

Read, and Agreed to; and Ordered to be printed.

3. To desire Concurrence in an Ordinance for securing of Bullion of Merchants Strangers imported; with a Petition of the Merchants Strangers. (Here enter it.)

Read, and Agreed to; and Ordered to be printed, both the Petition and the Ordinance.

The Answer returned was:

Answer.

That their Lordships do agree to all (fn. 1) the Ordinances now brought up, and have appointed those concerning Houses and the Bullion to be printed and published.

Answer from the H. C. about the Conference concerning the E. of Arundel's Goods.

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

That they, being now in Agitation of Business of Importance, will send an Answer by Messengers of their own, touching a Conference about the Goods of the Earl of Arundle, sequestered in the County of Norff.

Ordinance for removing superstitious Pictures, Images, &c.

Next, the Ordinance for removing of superstitious Pictures, Crucifixes, and Altars of Stone, &c. formerly brought up from the House of Commons, was read, and Agreed to, with the Alteration of (fn. 1) the Month.

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

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 this Ordinance, with these Amendments.

Ordinance for disposing of the Houses of Persons gone away, who have not paid the Weekly Assessments.

"Whereas divers Persons have been assessed, upon the Ordinances of Parliament for the Twentieth Part, and Weekly Assessment, Subsidies, and other Payments, many of which have refractorily and wilfully suffered the Days for Payment of the Sums assessed to be elapsed, and covertly conveyed away their Goods from their Houses, and absented their Persons, to avoid Payment of their Assessments, or else have suffered Imprisonment, and their Houses to stand empty, whereby they might be freed from bearing Part of those common Taxes and Charges, which the Necessities of these troubleous Times require: For Remedy whereof, and better Satisfaction of the Sums assessed (fn. 2) on such Persons, it is this Day Ordered, by the Lords and Commons assembled in Parliament, That such Persons as shall be appointed, by the Committee of Lords and Commons for Advance of Money and other Necessaries for the Army, shall have Power to let, set, or rent forth, to such Persons, and for such Time, Fine, and Rent, as they shall think fit, the Houses of any Person or Persons who are already imprisoned for their Assessments, or absent themselves for Non-payment of their Assessments; and the Monies raised by the Rents of the said Houses to convert and employ towards Satisfaction for the same Assessments and Payments; and that such Persons as shall take the same Houses shall discharge the Head Rents due to be paid for such Houses, as also the Duties to the Parish, during their Abode in the same; and the Persons so taking and leasing the said Houses shall be saved harmless and indemnified, against the Persons imprisoned, or absenting themselves, as aforesaid, by the Power and Authority of both Houses of Parliament."

Petition of the Merchants Strangers, to import Bullion without Molestation.

"To the Right Honourable the Lords and Commons now assembled in Parliament.

"The humble Petition of the Merchants Strangers, and others concerned in the Importation of Plate and Bullion into this Kingdom;

"Sheweth,

"That the Petitioners Correspondents have forborne to lade their Plate and Bullion in English Ships, as formerly they have done, by reason of the Visits, Search, Arrests, and Molests, which have been lately attempted and used, for the finding out or seizing of the said Plate and Bullion, which hath been a great Hindrance to the Petitioners, and a general Damage to this Kingdom; for by the Importation thereof many Ships were employed, the Navigation increased, the Owners encouraged to build and maintain good Ships, great Profit by the Coinage, and, by the low Exchange, Merchants had Plenty of Money, to employ in the Manufactures of this Kingdom; and generally the whole Kingdom hath been, and is, inriched by the said Treasure, that comes in and remains in the Kingdom: And the Petitioners are very confident, that, if they could give their Correspondents Assurance, by an Ordinance of both Houses of Parliament, that their Plate and Bullion may for the future be imported in English Ships, without any Molest or Interruption, with Declaration that they should also have and enjoy the full Benefit of the Articles of Peace made with Spaine, that then they would employ English Ships again, and remit their Plate and Bullion, and other Goods, to Dover, as formerly they have done.

"And for the real effecting hereof, and the better Encouragement of the Parties concerned, and for the removing of all Doubts and Jealousies for the future;

"The Petitioners humbly pray this most Honourable Assembly to make an Ordinance according to the Tenor of this Petition, or as in your Wisdom shall be thought fit; and that this Petition, together with the said Ordinance, may be printed and published, by Order of both Houses of Parliament; and they permitted to send them abroad, for the timely prevailing and effecting of a Work of so much Importance to this Kingdom.

"And the Petitioners shall pray, &c."

Ordinance for securing the Bullion of the Merchants Strangers imported.

"The Lords and Commons now in Parliament assembled, having received Information, by a Petition of Merchants Strangers, and others concerned in the Importation of Plate and Bullion into this Kingdom, that their Correspondents inhabiting in the Parts beyond the Seas, have conceived many Fears and Jealousies, which might discourage them in the usual importing of Bullion into this Kingdom; for the better Security and Encouragement of all Traders and Bringers in of Bullion or Coin into this Kingdom, do Declare and Ordain, That Bullion and Coin that shall be brought into this Kingdom, by any English Shipping, shall have free and safe Passage and Protection, as in any former Times, both by Sea and Land, into the Ports of Dover and London, and accordingly into and out of His Majesty's Mint in The Tower of London, without any Interruption."

Ordinance concerning an Engine, for Recovery of Things out of the Sea, contrived by Delicques and Fancault.

"Whereas Dominique Petit, Peter Delicques, and Claudius Fancault, by their Petition exhibited to the Lords and others Committees for the Admiralty, setting forth thereby, that they had an Invention to draw and bring forth, out of the Seas and Rivers of this Kingdom, upon the firm Land, all or Part of such Ships, their Lading, and Cannons, which are overwhelmed therein, and were ready to put their Enterprize in Execution at their own proper Charges, if they might enjoy the Moiety of all such Ships, Lading, and Cannons, as they and their Associates shall draw forth out of the said Seas and Rivers, exclusively to all others, for a competent Time, according to the Act of Parliament made 21° Jacobi concerning new Inventions; which Petition was referred, by the said Committee of the Admiralty, to the principal Officers and Commissioners of His Majesty's Navy, to consider of the Contents of the said Petition, and to certify their Opinions concerning the same to the said Committee; who, after due Consideration had of the said Petition, did certify under their Hands, that they could not but encourage the Inventors of so prositable a Design.

"Wherefore the Lords and Commons, being well informed of the Abilities and good Affections of the said Petitioners, and conceiving this Design very (fn. 3) advantageous to the Commonwealth, if it may be brought to Perfection, have Ordered and Ordained, That it shall and may be lawful for the said Dominicke Petit, Peter Deliques, and Claudius Fancault, and their Associates, for the Space of Seven Years, to be accounted from the 20th of August, 1643, and no longer, to make and put in Ure any new Engine, or Invention, for the drawing up of any such Ships, Lading, and Cannon; and to detain, and convert to their own Use, One Moiety of all such Ships, Lading, and Cannon, free and discharged of all Fees, Duties, and Demands whatsoever, demandable by the Admiralties, or any other Person or Court; and the other Moiety of all such Ships, Lading, and Cannon, and the Proceed thereof, shall be preserved, and converted to the Use of the Navy, or to such other Uses as the Two Houses of Parliament shall direct.

"And it is further Ordained, That the said Dominicke Petit, Peter Delicques, and Claudius Fancault, and their Associates, shall make true Entry of all such Ships, and Part of such Ships, Lading, and Cannon, at the next Port where they shall take up the same, with the Officers of the Customs there, under Pain of Forfeiture of their Moiety hereby granted to them as afore said; which said Officers for the Customs are required to take such Ships, Lading, and Cannons, into their Possession for the present, and forthwith to send up true Copies of such Entries, subscribed by them and the said Petitioners, or One of them, to the Committee of the Admiralty, or to such other Committee as both Houses shall appoint to receive the same; which said Committee shall forthwith give Warrant to such Officers of the Customs, to deliver One Moiety of such Ships, Lading, and Cannon, to the said Petitioners, or their Assigns, to their own Uses; and that the said Dominicke Petit, Peter Delicques, and Claudius Fancault, and their Associates, shall, as often as they shall be thereunto required, give in a true and just Accompt, upon Oath, of all such Ships, Parts of Ships, Lading, and Cannon, as they shall have so drawn forth as aforesaid, to the Committee for the Admiralty, or to such other Committee as both Houses of Parliament shall appoint to receive the same; and shall make such Satisfaction to every Person that shall be grieved by any Thing they shall happen to do in putting this Design in Execution, as the said Committee of the Admiralty, or any other Committee to be appointed by both Houses for that Purpose, shall set down: And, for the better Encouragement of the said Petitioners to proceed in this Design, it is further Ordered and Ordained, That no Person (the said Dominicke Petit, Peter Delicques, and Claudius Fancault, and their Associates, excepted), during the Space of Seven Years, to be accounted from the 20th of August, 1643, shall use, or put in Use, the taking up or drawing forth of the Sea or Rivers any such Ships, Lading, or Cannon, with any such new invented Engine, as they the said Dominick Petit, Peter Delicques, and Claudius Fancault, or their Associates, shall invent and put in Ure, for the Purpose aforesaid, under Pain of forfeiting such Engines, and of all such Ships, Lading, and Cannons, as shall be taken out and drawn forth of the Sea or Rivers by the Help of any such Engine; One Moiety of such Forfeiture to be for the Benefit of the said Petitioners, and the other Moiety for the Benefit of the Navy, or otherwise for the Commonwealth as the Two Houses shall dispose thereof.

"Provided, That this Design shall be put in Ure in such Places, and in such Places only, as shall be appointed by the Committee of the Admiralty, from Time to Time."

Ordinance for demolishing superstitious Images, &c.

"The Lords and Commons in Parliament, taking into their serious Considerations how well pleasing it is to God, and conducible to the blessed Reformation in His Worship so much desired by both Houses of Parliament, that all Monuments of Superstition or Idolatry should be removed and demolished, do Ordain, That in all and every the Churches and and Chapels, as well Cathedral and Collegiate as other Churches and Chapels, and other usual Places of Public Prayer authorized by Law, within this Realm of England and Dominion of Wales, all Altars and Tables of Stone shall, before the First Day of November, in the Year of our Lord God 1643, be utterly taken away and demolished; and also all Communion Tables removed from the East End of every such Church, Chapel, or Place of Public Prayer, and Chancel of the same, and shall be placed in some other fit and convenient Place or Places of the Body of the said Church, Chapel, or other such Place of Public Prayer, or of the Body of the Chancel of every such Church, Chapel, or [ (fn. 4) other such] Place of Public Prayer; and that all Rails whatsoever, which have been erected, near to, before, or about, any Altar or Communion Table, in any of the said Churches or Chapels, or other such Place of Public Prayer as aforesaid, shall, before the said Day, be likewise taken away; and the Chancel Ground of every such Church, or Chapel, or other Place of Public Prayer, which hath been within Twenty Years last past raised for any Altar or Communion Table to stand upon, shall, before the said Day, be laid down and leveled as the same was before the said Twenty Years last past; and that all Tapers, Candlesticks, and Basons, shall, before the said Day, be removed and taken away from the Communion Table, in every such Church, Chapel, or other Place of Public Prayer, and neither the same, nor any such like, shall be used about the same at any Time after the said Day; and that all Crucifixes, Crosses, and all Images and Pictures of any One or more Persons of the Trinity, or of the Virgin Mary, and all other Images and Pictures of Saints, or superstitious Inscriptions, in or upon all and every the said Churches or Chapels, or other Places of Public Prayer, Church-yards, or other Places to any the said Churches and Chapels or other Place of Public Prayer belonging, or in any other open Place, shall, before the said First Day of November, be taken away and defaced, and none of the like hereafter permitted in any such Church, or Chapel, or other Places as aforesaid.

"And be it further Ordained, That all and every such Removal of the said Altars, Tables of Stone, Communion Tables, Tapers, Candlesticks and Basons, Crucifixes and Crosses, Images and Pictures, as aforesaid, taking away of the said Rails, leveling of the said Grounds, shall be done and performed, and the Walls, Windows, Grounds, and other Places, which shall be broken, impaired, or altered, by any the Means aforesaid, shall be made up and repaired, in good and sufficient Manner, in all and every of the said Parish Churches, or Chapels, or usual Places of Public Prayer belonging to any Parish, by the Churchwarden or Churchwardens of every such Parish for the Time being respectively; and in any Cathedral or Collegiate Church, or Chapel, by the Dean, or Subdean, or other chief Officer of every such Church or Chapel for the Time being; and in the Universities, by the several Heads and Governors of every College or Hall respectively; and in the several Inns of Court, by the Benchers and Readers of every of the same respectively; at the Cost and Charges of all and every such Person or Persons, Bodies Politic or Corporate, or Parishioners of every Parish respectively, to whom the Charge of the Repair of any such Church, Chapel, Chancel, or Place of Public Prayer, or other Part of such Church, or Chapel, or Place of Public Prayer, doth or shall belong; and, in case Default be made in any of the Premises, by any of the Person or Persons thereunto appointed by this Ordidinance, from and after the said First Day of November which shall be in the Year of our Lord God 1643, that then every such Person or Persons so making Default shall, for every such Neglect or Default, by the Space of Twenty Years, forfeit and lose Forty Shillings, to the Use of the Poor of the said Parish wherein such Default shall be made; or, if it be out of any Parish, then to the Use of the Poor of such Parish whose Church is or shall be nearest to the Church, or Chapel, or other Place of Public Prayer, where such Default shall be made; and, if Default shall be made after the First Day of December which shall be in the said Year 1643, then any One Justice of the Peace of the County, City, or Town, where such Default shall be made, upon Information thereof to him to be given, shall cause or procure the Premises to be performed, according to the Tenor of this Ordinance, at the Cost and Charges of such Person or Persons, Bodies Politic or Corporate, or Inhabitants in every Parish, who are appointed by this Ordinance to bear the same.

"Provided, that this Ordinance, or any Thing therein contained, shall not extend to any Image, Picture, or Coat of Arms, in Glass, Stone, or otherwise, in any Church, Chapel, Church-yard, or Place of Public Prayer, as aforesaid, set up or graven only for a Monument of any King, Prince, or Nobleman, or other dead Person, which hath not been commonly reputed or taken for a Saint; but that all such Images, Pictures, and Coats of Arms, may stand and continue, in like Manner and Form as if this Ordinance had never been made."

Adjourn.

House adjourned till 10^a cras.