House of Lords Journal Volume 6: 9 October 1643

DIE Lunæ, 9 die Octobris.

PRAYERS.

Lords present:

Lord Grey de Warke, Speaker.

Report of the Answer to the French Ambassador about Mr. Mountague.

The Earl of Pembrooke reported to this House, "That the Committee of Lords and Commons have made a Draught of an Answer to be returned to the Paper of the French Ambassador, concerning the demanding of Walter Mountague."

The said Paper, by Way of an Answer, was read, and approved of.

Ordered, To be sent to the House of Commons, to desire their Concurrence.

Ordered, To send to the House of Commons, to desire a Conference touching what the Lord General said here on Saturday last.

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

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Doctor Aylett:

To communicate the Answer to them, touching the Paper received from the French Ambassador; and to desire a Conference, concerning somewhat said to this House by the Lord General on Saturday last.

Message from thence, about the Agreement with the Scots,

A Message was brought from the House of Commons, by Sir Christopher Yelverton Knight and Baronet:

To let their Lordships know, that they do agree with their Lordships to the Alterations in the Agreement with the Scotts; also to desire their Lordships Concurrence in these Orders following; videlicet,

(Here enter them.)

and with Orders.

1. An Order concerning the Estate of Sir Wm. Brooke, lately dead. (Here enter it.)

Read, and Agreed to.

2. An Order concerning Rates of Wine to be paid for the Excise, and discharging of Alderman Langham from being a Commissioner for the Excise, &c.

(Here enter it.)

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

3. An Order for sending some Regiments of Horse (fn. 1) and Foot, of the Trained Bands and Auxiliaries of London, to the Lord General, for recovering of Reading, &c.

(Here enter it.)

Read, and Agreed to.

4. An Order to give Power to a Committee in the County of North'ton, to raise Monies, for providing Arms and making Fortifications, &c. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Orders and Ordinances now brought up.

Message from thence, with an Order.

A Message was brought from the House of Commons, &c. by Mr. Wm. Strode:

To desire their Lordships Concurrence in an Order for the better Execution of the Ordinance for the levying of the Twentieth Part. (Here enter it.)

Read, and Agreed to.

The Answer returned to this Message was:

Answer.

That their Lordships do agree to the Ordinance now brought up.

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

Answer from the H. C.

That they do agree with their Lordships in the Answer to the French Ambassador; and that they will give a present Conference, in the Painted Chamber, as is desired. (Here enter it.)

Two Ministers, presented by Lord Say & Seal, to be inducted to Livings belonging to Lord Petre, he being in Wardship.

Upon Information to this House, by the Lord Viscount Say & Seale, Master of the Court of Wards, "That he hath presented Two Ministers to the Two Livings of the Lord Peter's, now a Ward; but, to prevent this, some others have procured from Oxford, under the Great Seal, a Presentation:" Hereupon this House Ordered, That the Bishop of London, or his Deputy as he shall appoint, shall give Institution and Induction to those Persons presented by the Lord Viscount Say & Seale.

Earl of Stamford desires to give an Account of Affairs in the West.

The Earl of Stamford desired, "That he might have Leave to give an Account to this House of his Affairs in the West:" And this House appointed Thursday next, to hear his Lordship.

Ordered, That the Lord Viscount Say & Seale do deliver, at the next Conference, the Sense of this House concerning the surrendering of Sir Wm. Waller's Commission.

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

Message to the H. C. for the Committees to meet about the Merchants Adventurers.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Doctor Ayliff:

To desire that the Committee touching the Merchant Adventurers may meet this Afternoon, at Guildhall, where their Lordships have appointed the Merchant Adventurers to meet.

"An Ordinance of the Lords and Commons in Parliament, touching the Lands of Sir William Brooke Knight, of Couling Castle, in the County of Kent, deceased.

Ordinance for sequestering the Estate of Sir William Brooke, for the Benefit of his Widow and Children; and to exclude Sir John from the Succession.

"The Lords and Commons assembled in Parliament, taking into their serious Consideration the good and faithful Service done by Sir William Brooke, late of Couling, in the County of Kent, Knight, deceased, for the King and Parliament; and that he hath lost his life in the said Service, leaving behind him divers Daughters, and his Lady great with Child; and the said Lords and Commons being further informed, that the Lands of the said Sir William Brooke, for Want of Issue Male of his Body, are to come to Sir John Brooke, of, in the County of Lincolne, Knight, a great Delinquent, who hath taken up Arms and levied War against the Parliament: Be it therefore Ordained, by the said Lords and Commons, That all the Rents of the said Lands due at Michaelmas last, 1643, and other Issues and Profits thereof whatsoever, shall be forthwith sequestered into the Hands of Francis Lord Dacres, of Hurstmoutses, in the County of Sussex, Sir Henry Heyman, Sir Anthony Welden, Mr. Glin Recorder of London, Richard Lee, and William Ca Esquires, or any Two of them, to and for the Use of the said Lady and her Children; which said Sequestrators are, by virtue hereof, authorized to employ the same for the Use aforesaid; and, in case the said Lands shall or ought to descend or come to the said Sir John Brooke after the Birth of the said Child in Venter la Mere, then the said Sequestrators, or the Survivor or Survivors of them, or such others as shall be appointed by both Houses of Parliament, shall hold and enjoy the said Lands, and set and let the same, and the Rents, Issues, and Profits thereof receive and take, for and towards the Livelihood and Maintenance of the said Lady Penelopie Brooke, and the Children of the said Sir William Brooke; and the Remainder of the said Rents, Issues, and Profits, of the said Lands, towards the raising of Portions for the said Sir William Brooke's Children; and that all and every of the Tenants of the said Lands, or any Part thereof, are hereby required and enjoined to pay the Rents, Heriots, and other Duties, to the said Sequestrators, or such as they shall appoint to receive, and to no other, to the Uses aforesaid; which said Sequestrators, or any Two of them, and their Agents, shall have Power to levy the same by Distress or otherwise, as the same Sir William might have done; and whatsoever they, or any of them, or the said Tenants, or any other Person or Persons, shall do in Execution or Performance of this Ordinance, they and every of them shall be herein protected and saved harmless, by the Power and Authority of both Houses of Parliament."

Order to give Power to the Committee in Northamptonshire, to raise Monies for providing Arms, &c.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Edward Mountague, Will'm Fitz-Williams, Esquires, Sir John Dreiden, Sir Christopher Yelverton, Sir Gilbert Pyckering, Baronets, Zouch Tate, John Crewe, Richard Knightly, Esquires, Members of the House of Commons, Sir Rowland St. John Knight of the Bath, Sir Edward Nicholls, Sir John Norwich, Baronets, Sir Humphrey Orme, Sir Richard Samwell, Sir Samuell Davers, Knights, Richard Knightly of Fawzley, Robert Mildmay, John Barnard, Edward Harby, Edward Only, Edward Bagshawe, John Cartwright, Phillip Hollman, Richard Samwell, Edward Farmer, John Wyrley, Edward Shugborough, Edward Hanbury, Will'm Lisle, John Blincoe, Thomas Elmes, John Claypoole, Francis Quarles, and John Norton, Esquires, and the Mayor of the Town of Northampton for the Time being, or any Three or more of them, residing in the Town of Northampton, for the furnishing of Arms and Ammunition, making of Fortifications, Payment of the Garrisons, Officers, and Soldiers, and other Public necessary Charges, for the Defence and Preservation of the said County from Plunder and Ruin, shall or may, from Time to Time, during the Space of Six Months next after the Date hereof, raise, in the said County, such Sums of Money as shall be by them, or any Three or more of them, thought necessary for the Uses aforesaid; the same to be rated and assessed in like Sort as was the Four Hundred Thousand Pounds granted by Act this present Parliament, not exceeding the Sum of Six Hundred Pounds a Week; and, for the better levying of the said Sums of Money, the said Committee, or any Three or more of them, then residing in the Town of Northampton, shall or may nominate and appoint Treasurers, Collectors, and Assessors, in the said County, for assessing, receiving, and collecting the said Sums of Money; and shall and may grant Warrants, under their Hands in Writing, to any Constable, or other Person or Persons, as well Soldiers when Need shall require as others, to raise and levy the said Sums, so to be assessed and taxed as aforesaid, upon all such Persons upon whom any such Sums shall be so assessed and set, that do refuse or neglect to pay the same, by Way of Distress and Sale of the Goods of the Persons so assessed and refusing; and, in Case any Opposition be made, the said Committee, or any Three or more of them, residing in Northampton as aforesaid, shall or may commit such Person or Persons refusing to pay as aforesaid to some common Gaol within the said County, there to remain until Payment made of such Sum or Sums of Money as aforesaid; for which Sums, so to be raised, the said Committee shall be accountable to both Houses of Parliament, and to none else; and, if any shall refuse or neglect the Execution of such Warrants as shall be directed to them by virtue of this Ordinance, it shall be lawful for the said Committee residing as aforesaid, or any Three of them, to punish such Person refusing or neglecting, by Fine, not exceeding Five Pounds, to be levied as aforesaid: Provided, That where it shall appear to the said Committee, or any Two of them residing as aforesaid, that any Person hath been over-rated to the Tax upon the Bill of Four Hundred Thousand Pounds, an Abatement may be made in the Tax of such Person, by the said Committee, or any Two of them residing as aforesaid, according to their Discretions: Provided also, That this present Ordinance shall be no Hindrance to Taxes made by any former Ordinance."

"An Ordinance of the Lords and Commons in Parliament assembled, concerning Forces to be sent by the Committee of the Militia of the City of London, for the recovering of Reading, agreed upon the 9th Day of October, 1643.

Ordinance for Forces to be sent from London to the Lord General, for recovering Reading.

"It is Ordained, by the Lords and Commons in Parliament, That the Committee of the Militia of the City of London shall be, and hereby are, authorized to command Seven or more Regiments of Foot, consisting of Ten Thousand Men, or any less Number, as likewise Fifteen Hundred Horse, or any less Number, either of their Trained Bands or Auxiliaries, or other Forces under the Command of the said Committee, within the Cities of London and Westm. and all other Places within the Forts or Lines of Communication, and the Parishes mentioned in the Weekly Bill of Mortality, to march, according to the Discipline and Order of War, under the Conduct and Command of such Colonels, Lieutenant Colonels, Captains, and other Officers, as the same Committee shall nominate and appoint, with all necessary Provisions of Arms, Ordnance, Ammunition, and other Carriages, from the Cities of London and Westm'r and Places aforementioned, unto the Lord General the Earl of Essex, wheresoever he shall be; and, according to His Excellency's Direction, to proceed for the Recovering the Town of Reading, and Preservation thereof, nowpossessed by the Enemy, by Diversion or otherwise, and upon such other Service as shall be commanded by his Excellency with the Consent of the said Committee; and, those Services being performed, the said Colonels, Lieutenant Colonels, and other Officers, shall be, and are hereby, authorized to command and conduct all the said Forces, both of Horse and Foot, in their Return to the City of London, or otherwise upon any other Service, according to such Order as they shall receive from the Committee of the Militia aforementioned: And it is further Ordained, That the said Committee of the Militia shall have Power, and is hereby authorized, to call back such Forces as they shall command to march forth by virtue of this Ordinance, when they shall think fit: And it is further Ordained, by the said Lords and Commons, That all Colonels, Lieutenant Colonels, Captains, and other Officers and Soldiers whatsoever, under the Command of the said Militia, whether Masters or Servants, shall obey the Commands and Direction of the said Militia from Time to Time, within the said Cities and Lines of Communication; and likewise to march, with their Colours, to any Place whatsoever, for the Defence of the said City, and Public Safety, upon Pain of Imprisonment, or Expulsion out of the Limits aforesaid, and such other Punishment as the said Militia shall think fit to impose upon them, according to the Course of War; for doing whereof, as well the said Committee as all other Persons whom it may concern shall be and are sufficiently warrented and saved harmless, by the Authority of both Houses of Parliament; and all Constables, Headboroughs, Provost Marshals, and other Officers, are hereby required to be aiding and assisting, from Time to Time, for the better furthering and effecting of all such Services as are contained or intended by this Ordinance, according as they shall be directed by the said Committee for the Militia, or their Sub-committees, within the Limits aforesaid, as they will answer the contrary under the Penalties herein mentioned."

The Answer to the French Ambassador, concerning Mr. Walter Mountague.

"The Lords and Commons in Parliament have considered of the Message in Writing delivered unto the Earl of Pembroke, and by him presented unto them, from the Prince of Harcourt, Ambassador Extraordinary here from the French King, by which he complains that Mr. Walter Mountague, sent hither unknown to him, by the Queen Regent of France, with Letters unto the King and Queen, and, under a Disguise, having put himself into the Company of Monsieur De Gressy, had been stayed at Rochester, and carried Prisoner to The Tower of London; and therefore desires, in regard it appears by those Letters he belongs unto the Queen Regent, that both he and the Letters may be delivered to him. To which they return this Answer, That they are most sorry they must deny him any Part of his Request; that the Letters shall be restored, according to his Desire: But for Mr. Mountague, a Person heretofore questioned for Disservices to the State, and so dangerous, that, in the Beginning of this Parliament, they made it their humble Suit unto the King, that he might be banished the Court; and afterwards being, upon his own Offer, and of his Friends, permitted to retire himself out of the Kingdom, that he should now return, and in such a concealed Manner, which, if nothing else, were Cause enough for his Apprehension, and to render him uncapable of the Patronage of that great Queen; this is a Crime of so high and bold a Nature, as the Houses of Parliament cannot pass by, neither in Justice for what is already done, nor in Prudence to secure the State for the Time to come from the Practices and Machinations of so turbulent and disaffected a Spirit: Nor can it be any just Offence unto Her Majesty of France, whom they highly honour and esteem as a good and a glorious Queen, nor any Disobligation to the Ambassador the Prince of Harcourt, whom likewise they desire to treat with all Demonstrations of Civility and Respect, if, according to the Laws of all Nations, the Law of this Kingdom be put in Execution against One who is a Native, a Subject, a Delinquent, who was in the Nature of a banished Man, and returns in a disguised Habit (so disavowing himself, not to be avowed by any); a dangerous Person, that formerly did, and in all Likelihood will again, practise against this State; and whom they have Cause to believe, by the Manner of his coming, to be now come for that very Purpose: These Things, considered by the Lord Ambassador, and by him represented to the Queen, will, they doubt not, give Her Majesty ample Satisfaction, and clear and justify the Proceeding of the Parliament to Her Princely Wisdom; which they passionately desire, as in this, so in all Things else, not out of Fear of any ill Consequence by the contrary, but as knowing the Justice of their Ways must needs draw the Approbation of so wise a Queen, as it will the Blessing of God Almighty, which alone carries them above the Consideration of all Earthly Power."

Ordinance for rating Wine, and for discharging Alderman Langham from being One of the Commissioners of Excise.

"Whereas, by a late Ordinance of both Houses of Parliament, for a Charge of Excise, or new Impost, to be set upon the Commodities in a Schedule thereunto annexed contained, for the Supply of the great Affairs of this Kingdom, whereby it is, amongst other Things, provided, That the Sellers of Wine, who are chargeable with the Excise, shall be allowed the same in the Price thereof upon the Sale: But, for that no certain Price is set down in the said Ordinance for Wines to be sold at, be it now Declared and Ordained by the Lords and Commons in Parliament, That the Sellers of Wines, who shall pay the Excise, shall or may take, for all Spanish Wines sold, for every Quart, Fourteen Pence; and for all French Wines sold, Eight Pence for every Quart, and so proportionably after that Rate; which said Prices shall or may be taken without incurring the Penalties of any Law or Statute, so as the due Measures and Assises be otherwise kept and observed as by the Law is provided, and the Wines to be good, wholesome, and merchantable: Be it further Declared and Ordained, That Mr. Alderman Langham, who was named a Commissioner in the said former Ordinance, in respect of his other great and necessary Occasions shall be wholly discharged of the said Service; and the other Seven Commissioners shall have full Power to execute the said Ordinance, as if the said Alderman Langham had not been named therein; and further, that the respective Commissioners of the Excise, or the major Part of them, shall have Power to call before them any Person or Persons whom they shall think fit, being subject to the said Ordinance, for any Matter touching the same, or that can testify or inform any Thing material to the said Service; and shall have Power to grant their Warrants for the bringing in of such Persons as shall wilfully refuse or neglect to come before them upon Warning, and to punish such Persons, for their Contempt or Disobedience in that Behalf, by Fine or Amerciament, to be levied and employed in such Manner as is appointed for the other Penalties by the said Ordinance, so as the same do not exceed Five Pounds for any One Offence."

(fn. 2) "An Ordinance of the Lords and Commons in Parliament, for assessing of all such Members of either of the Houses of Parliament, as have or shall absent themselves therefrom, or are in actual War against the Parliament; and that the Manors, Messuages, Lands, Tenements, Rents, Reversions, Profits, and Hereditaments, of such as have not or shall not satisfy their Assessments, shall be letten, for Security of Monies to be lent by any Persons for present Supply of the Army raised by the Parliament.

"Die Lunæ, 9 Octob. 1643.

Ordinance for assessing such Members of either House as have or shall absent themselves therefrom, or are in War against the Parliament.

"Forasmuch as divers Members of both Houses, to the great Disservice of the State, and contrary to the Trust reposed in them, have been in actual War against the Parliament, or have absented themselves from the said Houses, and yet have enjoyed their Lands, Rents, and Estates, and employed the same in fomenting and maintaining this unnatural War: It is thereupon Ordered, by the Lords and Commons assembled in Parliament, That the Assessors nominated and appointed, or to be nominated and appointed, by the Committee of Lords and Commons for Advance of Money, by virtue of the former Ordinances, sitting at Haberdashers Hall, London, shall have Power to assess all such Members and Assistants to both or either of the Houses of Parliament, which are now absent, or shall hereafter absent themselves, from either of the said Houses, or are, have been, or shall be, in actual War against the Parliament (whose Estates have not yet been sequestered, and who have or shall be voted in both or either of the said Houses in that Behalf), the Twentieth and Fifth Part of their Estates, in like Manner as they had Power to assess other Persons by virtue of the said Ordinance; and the Sums of Money so assessed shall be levied and recovered in such Manner as by the Ordinances for the Twentieth and Fifth Part is respectively provided: And, after the said Sum of Money shall be so levied, the said Committee for Advance of Money are hereby required to return a Certificate to the Committee of Lords and Commons for Sequestrations, of the Estates so assessed, that the said Committee may proceed therein according to the Ordinance for Sequestration.

"And forasmuch as divers Persons have been assessed, according to the said Ordinances for the Twentieth and Fifth Part, and other Acts and Ordinances of Parliament for raising of Money, and have not satisfied the Sums on them assessed, but absent themselves, or obstinately refuse to pay the said Assessments: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for Advance of Money, and other Necessaries for the Army, shall have Power, and are hereby required, to nominate and appoint such Persons as they shall think fit, for the Purposes hereafter mentioned; which Persons shall have Power, and are hereby authorized, for the better Security of Re-payment of such Sum or Sums of Money (with Interest, not exceeding Eight Pounds per Cent. for the Forbearance of the same) as shall be advanced or lent, by any Person or Persons, for the Supply of the Army raised, or to be raised, by the Parliament, to let, set, and demise, all and every the Manors, Lands, Tenements, Rents, Reversions, Profits, and Hereditaments whatsoever, of all and every such Person or Persons, as are or shall be assessed upon or by virtue of this present Ordinance, or any other former Acts or Ordinances of Parliament for raising of Money, and have not, or shall not, satisfy the same, for and until Satisfaction shall be made of the several Sums of Money by such Persons respectively to be paid, or by his Heirs, Executors, Administrators, or Assigns, or shall be raised out of the Rents, Issues, and Profits of the same; and all Farmers, Tenants, and Occupiers of the same Manors, Messuages, Lands, Tenements, and Hereditaments, are hereby required to pay their Rents respectively, to grow due unto such Person or Persons to whom the same Manors, Messuages, Lands, Tenements, and Hereditaments, shall be assigned, let, set, or demised as aforesaid; and, in Case of Refusal, it shall be lawful for the Persons to whom such Manors, Messuages, Lands, Tenements, and Hereditaments, shall be set, let, or demised, as aforesaid, to enter and distrain, and take all other Advantages of Forfeiture or Re-entry, as the Persons assessed or to be assessed as aforesaid might have done, to all Intents and Purposes; and the said Persons to whom the said Manors, Messuages, Lands, Tenements, and Hereditaments, shall be let, set, or demised, as aforesaid, and their Assigns, and all Farmers, Tenants, and Occupiers of the same, shall herein be protected and saved harmless, by the Power and Authority of both Houses of Parliament: And it is hereby Declared, That such further Power and Authority shall be, from Time to Time, granted by both Houses of Parliament, for the better enabling the Person or Persons lending any Sum or Sums of Money as aforesaid, to recover, receive, hold, and enjoy the Manors, Messuages, Lands, Tenements, and Hereditaments, to be let, set, or demised, as aforesaid, and Re-imbursement of the Sums to be advanced by them as aforesaid, as shall be reasonably required; and the said Persons, to be appointed by the said Committee of Lords and Commons for Advance of Money, for letting, setting, and demising, of Manors, Messuages, Lands, Tenements, or Hereditaments, as aforesaid, and such as they shall appoint, shall have Power to call to their Assistance the Trained Bands, Officers, and Soldiers, of the several Counties wherein the same shall [ (fn. 3) be, for] aiding and assisting in making Distress, giving Possession, or other Execution of this present Ordinance; and all Captains, Lieutetenants, Officers, and Soldiers are required to give their Assistance accordingly.

R. October 9, 1643.

"John Browne,
Cler. Parliament.
"Hen. Elsyng,
Cler. Parl. Dom. Com."

"Ordered, by the Lords and Commons in Parliament, That this be printed and published.

"Joh. Browne,
Cler. Parliament.
H. Elsyng,
Cler. Parl. Dom. Com."

Adjourn.

House adjourned till 10 ^a cras.