House of Lords Journal Volume 6: 2 May 1643

Die Martis, videlicet, 2 Maii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Cooper concerning the Sequestration of St. Thomas Southwark.

This House entered into Consideration of the Charge brought up from the House of Commons, against Will. Cooper, Parson of St. Thomas Apostles.

The said Cooper not appearing according to the Order of this House, Affidavit was made, by Philip Adams and Anthony Brooks, "That the Order was left at his House:" Upon this Contempt, the House proceeded to hear the Evidence, to prove the Particulars of the Charge.

David Nettleton, to that Article, "That Mr. Cooper (fn. 1) sowed Sedition, by making Division between the King and His People; and that it was needful in these Times to preach Obedience to the King."

Antho. Brookes, "Those that went out with the Earl of Essex were Rebels, and Traitors to the King, and fought against him."

Edward Goulder, "That he gave Mr. Cooper a Bill, to pray for some young Men in the Army; he did not."

John Mylton, "To prove his vexatious Suits against his Parishioners, and excommunicated him."

Thomas Hart, Wm. Witherden, Anthony Brookes, "That Mr. Cooper refused to read the Ordinance of Parliament."

"To prove that he refused to give the Sacrament to his Parishioners, unless they would come up to the Rails:" John Blakwell, W'm Gibbons.

Committed to The Fleet.

The House being satisfied with the Evidence, the Witnesses and Prosecutors were commanded to withdraw; and, upon the whole Business, this House Adjudged and Awarded, "That the said Wm. Cooper, for these Offences, shall be sequestered from the Profits of the Parish of St. Thomas the Apostle, and from officiating the Cure; and Mr. James Moore to officiate in his Place; and that the said Cooper shall stand committed to the Prison of The Fleete, during the Pleasure of this House; and a Warrant to attach his Body."

Message from the H. C to expedite an Ordinance, and with Orders for Concurrence;

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight; which consisted of divers Particulars:

1. To desire their Lordships Expedition in an Ordinance concerning Mr. Oliver Cromwell.

2. A Concurrence in divers Orders.

and for a Conference about Commissioners being sent to Scotland, and a Letter to Holland.

3. To desire a Conference, touching some Commissioners to be sent into Scotland, and touching a Letter to be sent to the States of The United Provinces.

The Answer returned was:

Answer.

That this House will (fn. 2) give them a present Conference, as is desired, in the Painted Chamber; and touching the Orders, their Lordships will send an Answer by Messengers of their own.

Orders, &c. for Concurrence.

The Order for Sir Walter Earle to have Command in Dorsetshire, for the ordering of the Affairs of (fn. 2) the Militia there, was read, and approved of. (Here enter it.)

Next, an Order was read, concerning the Train Bands in the City of London. (Here enter it.)

Agreed to.

Next, an Order concerning the Town of Barstable, in the County of Devon, was read. (Here enter it.)

Agreed to.

Next, the Ordinance concerning Colonel Cromewell was read. (Here enter it.)

Agreed to.

Dr. Soames restrained.

Ordered, That Dr. Soames shall be restrained from going (fn. 3) any where else but to his Counsel or Solicitor about his Business; and that he return to his Prison in seasonable Times.

His Counsel.

Upon the Petition of Dr. Soames; It is Ordered, That Mr. Hales is appointed and assigned to be of Counsel with him, in his Cause depending in this House.

Wardship of Roper.

The Lord Viscount Say & Seale, Master of the Court of Wards, informed this House, "That this House commanding (fn. 2) him to have the Custody of young Roper, who is a Ward; and because he is but Three Years of Age, his Mother desires he may remain with her until he attain to the Years of Five; and the and the Earl of Dorsett have engaged themselves that he shall not be conveyed out of the Kingdom, but delivered into the Hands of the Lord Viscount Say:" Which this House approved of.

Mr. Lennard, a Pass to Holland.

Ordered, That Mr. Lennard shall have a Pass, to go into Holland.

Chapman and Stanton.

Ordered, That Mr. Chapman, and all claiming under him, shall be enjoined and prohibited not to fell any Trees or Underwoods, in the Lands of Shorne, in the County of Kent, until the Cause between the said Chapman and Eliz. Stanton, &c. shall be heard in the Chancery.

Boyse, a Pass.

Ordered, That Mr. Boyse shall have a Pass, to go into Yorkeshire, with his Wife and Children, and Two Servants, and a Coach and Horses, with such Necessaries as are convenient for their Journey.

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 a Letter to The States General.

The Speaker reported One Branch of this Conference; which was, "To communicate to their (fn. 4) Lordships a Letter, to be sent to The States of The United Provinces." (Here enter it.)

Agreed to.

Order for apprehending Persons in Gillingham Forest.

An Order was read, for apprehending Persons in the Forest of Gillingham, in the County of Dorsettshire.

Agreed to; and Ordered, To be sent to the House of Commons, for their Concurrence.

Message to the H. C. that the Lords agree to the Letter to The States General;

A Message was sent to the House of Commons, by Mr. Serjeant Finch and Mr. Dr. Bennett:

1. To let the House of Commons know, that their Lordships do agree with the House of Commons, in sending the Letter to The States of The United Provences; and that it be sent to Mr. Strickland, subscribed with the Hands of the Speakers of both Houses.

and to several Orders;

2. That their Lordships do agree with the House of Commons, in the Order concerning Dorsetshire, Barstable, the Trained Bands of London, and Colonel Cromwell.

for Concurrence in the E. of Elgin's;

3. To desire their Concurrence in the Order concerning the Earl of Elgin.

and for an Answer about Sir Hugh Pollard.

4. To desire their Answer concerning the removing of Sir Hugh Pollard out of the Prison where he is, in regard his Infirmities and ill Health increase upon him.

The King's Horses taken out of The Mews to be restored.

This House was informed, "That this Day the King's Stables at The Muse is broken open, and Two young Horses of the King's taken and carried (fn. 4) away:" Hereupon this House Ordered, That the said Horses shall be presently restored, and the Parties that took them away shall attend this House To-morrow Morning, to give an Account by what Warrant they did it.

Mrs Pert, a Pass.

Ordered, That Mrs. Pert shall have a Pass, to go to Gloucester, with a Coach and Horses.

Colonel Cromwell & al. to seize Corn, &c. of Delinquents in Cambridgeshire.

"Whereas Authority was formerly given, by Ordinance of both Houses of Parliament, to Colonel Oliver Cromwell and others, for the seizing of the Persons, Horses, Arms, Money, and Plate, of Malignants and ill-affected Persons, within the County of Cambridge, the Isle of Ely, and other Counties, Cities, and Places, in the said Ordinance mentioned: It is now further Ordained, by the Lords and Commons in Parliament, That the said Colonel Cromwell, and other the Committees and Deputy Lieutenants in the said Ordinance mentioned, as also Captain Charles Fleetwood, Captain Edward Whalley, and Captain John Disborough, or any Two or more of them, together with any of the said Committees or Deputy Lieutenants, formerly appointed, shall have the like Power and Authority for the seizing as well of the Corn, Cattle, and other Goods and Chattels, of the said Malignants, or any of them, as by the said Ordinance is given for the seizing of Horses, Arms, Money, or Plate, the same to be disposed of, used, and employed, to the same Uses as in the said Ordinance is specified, upon Accompt thereof to be made to both Houses of Parliament, or such as they shall appoint; and that they, and every of them, for so doing, shall be protected and saved harmless, by the Power and Authority of both Houses of Parliament."

Sir Walter Earle, to command the Militia in Dorsetshire.

"Whereas divers Papists, and other ill-affected Persons, inhabiting the County of Dorsett, and the Parts adjoining, have lately associated themselves, and traiterously plotted and combined together, to raise and levy great Forces both of Horse and Foot, for the maintaining and supporting of a Rebellion there already begun, and have likewise endeavoured to procure Forces from other Parts of the Kingdom, intending therewith, in hostile Manner, to invade the said County, and to disturb the Peace of the same, whereby the said County, together with the Town and County of Poole (environed therewith), is in Danger to be exposed to Rapine, Spoil, and Plundering; and forasmuch as the Forces there already raised by Authority of Parliament are not of Strength sufficient whereby to withstand or suppress such rebellious and hostile Attempts as aforesaid, or to put in Execution the several Ordinances and Commands of both Houses of Parliament, for and concerning the Disarming or Apprehending of Delinquents and Persons ill-affected, or for the raising and levying of Money, or otherwise: The Lords and Commons do therefore think it requisite, and do accordingly Order and Ordain, That, by and with the Consent and Privity of the Earl of Essex Lord General, and by Warrant from him, or from the Committee for the Safety of the Kingdom, such and so many more Forces shall be there raised, as he or they shall think fit; and it being no less necessary that the said Forces there raised, and to be raised, as aforesaid, and other the Forces of the said County, should be ordered, led, and conducted, by some Person there resiant, who, in the Absence of such as are already in that Behalf authorized, and under them, may command the said Forces in Chief, the said Lords and Commons do therefore desire the said Lord General the Earl of Essex to grant a Commission to Sir Walter Earle Knight, which may authorize him, in the Absence of such Person or Persons already so authorized as aforesaid, and under them, within the Limits of the said County of Dorsett, and of the said Town and County of Poole (as Colonel or otherwise), to command, order, lead, and conduct, all and every the said Forces, as well Horse as Foot, of the said County of Dorsett, and Town and County of Poole, to all such Intents and Purposes as are before mentioned, and to and for the common Safety and Defence of the Kingdom; and with Authority likewise, by and with the Consent of the Lord Lieutenant, or of any One or more Deputy Lieutenants of the said County, to nominate and appoint all other Officers and Commanders under him; as also to raise and levy Soldiers there, or in the Parts adjoining, for the compleating of the Troops and Companies there raised, or to be raised, as aforesaid: And the said Lords and Commons do further Order and Ordain, That the said Sir Walter Erle shall, by both Houses of Parliament, be warranted, saved, and kept harmless, for and concerning all Things that by Virtue and Authority of such Commission as aforesaid, and in Pursuance thereof, or of this or of any other Ordinance before mentioned, shall be by him done or put in Execution."

Order for the Execution of Martial Discipline in the Trained Bands.

"Whereas, by an Order of Parliament, of the 4th of January last, it was Ordered, That the Colonels, Captains, and Lieutenants, of the Trained Bands, or others, in the Cities of London and Westm'r and the Suburbs thereof, and the County of Midd. might inflict the Punishment of Two Days Imprisonment without Bail or Mainprize, or the Mulct (fn. 5) of Five Shillings for the Supply of the Service, upon such Soldiers under their Commands as should not repair to their Colours at the Time appointed, and to do their Duties there, when and as often as they should be thereunto required, unless they be reasonably excused by their Captain or Lieutenant; which Order is not only troublesome, but begets much Disaffection betwixt the chief Officers and Soldiers, and therefore is not so fully executed upon the Offenders as it ought to be: Therefore it is this Day Ordered, by the Lords and Commons now assembled in Parliament, That, for the better Execution of the aforesaid Order in every particular Branch therein contained (which every Captain respectively is hereby required to do), every of the said Captains respectively shall elect and appoint One able Person, to be Marshal of his Trained Band, who shall, by virtue of this Ordinance, repair to such Soldiers as his Captain or Lieutenant shall from Time to Time give him Notice of, that have made Breach of the aforesaid Order of the 4th of January, or any Part thereof; which Marshal, so elected shall, with a Constable, who is hereby required to assist him, and such others as he shall call to aid him, in the Name of his Captain, inflict (according to the same Order) the Punishment of Two Days Imprisonment upon him or them, or the Mulct of Five Shillings, which he shall, forthwith after the Receipt of the same, deliver and pay to his Captain, to be employed as by the same Order is appointed; and, for the Pains taken of every such Marshal, and to encourage him the better to perform his Office, it is also Ordered, That every Captain respectively shall allow unto him, the said Marshal, out of every Five Shillings so collected as aforesaid, the Sum of One Shilling; and, if any such Marshal shall be found remiss, negligent, or partial, in not performing the Trust in him reposed, it is likewise Ordered, That every Captain may at his Pleasure dismiss him from his Place, and elect another in his Stead, which he shall conceive to be more faithful to perform the same: Also it is Ordered, by the Lords and Commons now assembled in Parliament, That if any Soldier or Soldiers, listed under any of the Captains beforementioned, shall, in the Time of his or their Service, when he or they shall be commanded to do Duty, revile or give any ill-beseeming Language to the Captain, or other Officer belonging unto him, or neglect to do such Duty as at any Time ought or shall be imposed upon him or them, that then the Captain or Lieutenant may, upon the Examination thereof, commit such Soldier or Soldiers as shall so offend to Prison, there to remain Twenty-four Hours, without Bail or Mainprize; and that every Captain respectively shall be saved harmless, by the Authority of both Houses of Parliament, for executing the several Orders aforesaid, or any of them."

Order for Indemnity for the Barnstable Men, for fortifying their Town.

"Whereas divers well-affected Burgesses and Inhabitants of the Town of Barnestable, in the County of Devon, out of their good Affection to the Public, and by Warrant and Direction from the Earl of Stamford, Lord General of the Forces raised by Authority of Parliament in the Western Parts of this Kingdom, have, for the necessary Defence of the said Town, in the Times of imminent Danger and actual War in those Parts, made, or caused to be made, divers Intrenchments, Fortifications, and Works, in and about the said Town, in and through the Lands and Grounds of several Persons, and, for the doing thereof, have been, and may be, occasioned to cut down, slight, level, and remove, the Trees, Hedges, Banks, or other Things whatsoever, which may hinder or be prejudicial to the Aim, Execution, or Service from the Fort there, or any other Fortifications or Works in or about the said Town: It is Ordered, by the Lords and Commons in Parliament, That whatsoever the said Burgesses and Inhabitants of the said Town, or any of them, or any other Person or Persons by them employed, have or hath done, or shall do, in and about the Premises, is good and acceptable Service to the Commonwealth; and that they, and every of them, for so doing, shall be therein protected and saved harmless, by Authority of both Houses of Parliament; and all such Persons as shall oppose the same shall be proceeded against as Contemners of this Ordinance; and such Owners and Possessors of any Lands or Grounds, that shall suffer any Damage thereby, shall have Reparations out of the Public."

Letter to The States of Holland, from both Houses.

"High and Mighty Lords,

"We are commanded, by the Lords and Commons in Parliament, to make known to your Lordships, that several Advertisements have been given to the Committee of Lords and Commons, appointed by both Houses to take Care for the Safety of the Kingdom in all Occasions concerning it both at Home and Abroad, that the King had hired divers Ships and Frigates of Dunkerke, to the Number of Twentyfour, or thereabouts; and that He meant to employ them against the Fleet appointed by the Parliament for the Defence of this Kingdom: It was further informed, that Two of those Ships or Frigates were permitted to pass out of Dunkerke, by the Admiral of your Lordships Fleet, by Warrant of some Command from his Highness the Prince of Orange; which Information that Committee Ordered should be communicated to Mr. Strickland, now Resident in The Hague by the Authority and Instructions of both Houses, which Direction of that Committee of both Houses was likewise seconded by an Order of the Commons House, and Mr. Strickland commanded to present it to your Lordships, as he hath done: And we are to entreat your Lordships to believe it, as the Two Houses have such an Opinion of the Wisdom and Justice of that State, that they cannot easily conceive you would do any Thing so much to the Prejudice of the Interest of yourselves, as well as of this Kingdom; so the high Esteem and Value which they set upon your Friendship and Correspondency is such, that they would not suffer any Report of that Nature to spread in the World, but speedily to present it to your Lordships, as an Information only commonly spoken of, to the great Prejudice and Disreputation of that near Union and Concurrence betwixt this Kingdom and that State, which they most earnestly desire may be ever continued; and they very much rejoice to hear that there was no Grounds for that Report in any Resolution of your Lordships, nor in any Command or Direction of his Highness the Prince of Orange, whose eminent Power and Abilities they shall always hope will be expressed in such Counsels and Actions as may be most agreeable to the Preservation of the Reformed Religion, and the Interest of both States, against the ancient known Enemies of both: And the Lords and Commons do assure your Lordships, that you shall never discern any Thing in their Intentions and Proceedings, but what in their Judgement shall be most proper and effectual to that End; and, as they rest fully satisfied concerning the Vanity and Falsehood of that Report, so they pray your Lordships to rest assured, that this Information was appointed to be presented to you out of a tender Affection, to preserve both the Being and Reputation of an inviolable Conjunction betwixt this Kingdom and that State, without Intention to reflect upon the Honour of his Highness the Prince of Orange; and they desire you to continue your favourable Audience to Mr. Strickland, and to give Credit to him, as one authorized by both Houses of Parliament to communicate to you the Affairs of this Kingdom, and to cherish the Peace and Amity betwixt these Two States; which the Two Houses of Parliament are confident he will ever faithfully and effectually perform. We commend the Prosperity of that State and of your Lordships to God's Blessing, and remain

"Your Lordships

"Affectionate Friends and Servants,

Westm. the 2d May, 1643.

"Manchester, Speaker of the House of Peers pro Tempore.

"Wm. Lenthall, Speaker of the House of Commons."

The Indorsement:

"To the High and Mighty Lords, the Lords The States General of The United Provinces"

Adjourn.

House adjourned till 10 ^a cras.