House of Lords Journal Volume 6: 23 October 1643

DIE Lunæ, 23 die Octobris.

PRAYERS.

Lords present this Day:

The Lord Grey of Warke, Speaker.

Answer from the H. C.

Sir Rob't Rich and Mr. Page return with this Answer from the House of Commons:

That they agree with their Lordships in the Alterations in the Order concerning the Adjournment of the Term, and the Ordinance concerning Salt-petre.

(Here enter them.)

Ordinance for collecting the Assessments and Subsidies.

An Ordinance was read, for enabling the collecting of the Arrears of Weekly Assessments, and Fifty Subsidles. (Here enter it.)

Agreed to, and Ordered to be printed.

Message to the H. C. about the Ordinance for raising Money within the Line of Communication.

A Message (fn. 1) was sent to the House of Commons, by Sir Edward Leech and Dr. Ayliff:

To let them know, that their Lordships do adhere to their former Proviso, in the Ordinance concerning the raising of Fourteen Thousand Pounds, within the Line of Communication.

Next, the Articles against the Archbishop of Cant. in Maintenance of their Impeachment against him of High Treason, were read. (Here enter them.)

Ordered, That the Archbishop of Canterbury shall have a Copy of these Articles sent him; and he required to put (fn. 2) in his Answer to the same, to this House, by this Day Sevennight.

"Further Articles of Impeachment, by the Commons assembled in Parliament, against William Lawd Archbishop of Canterbury, of High Treason, and divers High Crimes and Misdemeanors, as followeth:

Further Articles of Impeachment by the H. C. against the Archbishop of Canterbury.

"1. That the Archbishop of Canterbury, to introduce an arbitrary Government within this Realm, and to destroy Parliaments, in the Third and Fourth Years of His Majesty's Reign that now is, a Parliament being then called, and sitting at Westm., traiterously and maliciously caused the said Parliament to be dissolved, to the great Grievance of His Majesty's Subjects, and Prejudice of this Commonwealth; and soon after the Dissolution thereof gave divers Propositions under his Hand, to George then Duke of Buckingham, casting therein many false Aspersions upon the said Parliament, calling it a factious Parliament, and falsely affirming that it had cast many Scandals upon His Majesty, and had used Him like a Child in his Minority; styling them Puritans, and commending the Papists for harmless and peaceable Subjects.

"2dly, That, within the Space of Ten Years last past, the said Archbishop hath traiterously endeavoured to subvert the fundamental Laws of this Realm; and, to that End, hath in like Manner endeavoured to advance the Power of the Council Table, the Canons of the Church, and the King's Prerogative, above the Laws and Statutes of the Realm; and, for Manifestation thereof, about Six Years last past, being then a Privy Counsellor to His Majesty, and sitting at the Council Table, he said, "That, as long as he sat there, they should know that an Order of that Board should be of equal Force with a Law, or Act of Parliament;" and at another Time used these Words, "That he hoped, ere long, that the Canons of the Church and the King's Prerogative should be of as great Power as an Act of Parliament;" and at another Time said, "That those that would not yield to the King's Power, he would crush them to Pieces."

"3dly, That the Archbishop, to advance the Canons of the Church, and Power Ecclesiastical, above the Law of the Land, and to pervert and hinder the Course of Justice, hath, at divers Times within the said Time, by his Letters, and other undue Means and Sollcitations used to Judges, opposed and stopped the granting of His Majesty's Writs of Prohibition, where the same ought to have been granted, for Stay of Proceedings in the Ecclesiastical Court, whereby Justice hath been delayed and hindered, and the Judges diverted from doing their Duties.

"4thly, That, for the End and Purpose aforesaid, about Seven Years last past, a Judgement being given in His Majesty's Court of King's Bench against one Burley a Parson (being a Man of bad Life and Conversation), in an Information upon the Statute of 21 Hen. VIII. for wilful Non-residency, the said Archbishop, by Solicitations and other undue Means used to the Judges of that Court, caused Execution upon the said Judgement to be stayed; and, being moved therein, and made acquainted with the bad Life and Conversation of the said Parson, he said, "That he had spoken to the Judges for him, and that he would never suffer a Judgement to pass against a Clergyman by Nihil dicit."

"5thly, That the said Archbishop, about Eight Years last past, being then also a Privy Counsellor to His Majesty, for the End and Purpose aforesaid, caused Sir John Corbett, of Stoke, in the County of Salopp, Baronet, then a Justice of Peace of the said County, to be committed to Prison of The Fleete, where he continued Prisoner for the Space of Half a Year, or more, for no other Cause but for calling for the Petition of Right, and causing it to be read, at a Sessions of the Peace for that County, upon a just and necessary Occasion; and, during the Time of his said Imprisonment, the said Archbishop, without any Colour of Right, by a Writing under the Seal of his Archbishopric, granted away Parcel of the Glebe Land of the Church of Adderly, in the said County, whereof the said Sir John Corbett was then Patron, unto Robert Viscount Killmurrey, without the Consent [ (fn. 3) of the said Sir John, or the then Incumbent] of the said Church; which said Viscount Killmurrey built a Chapel upon the said Parcel of Glebe Land, to the great Prejudice of the said Sir John Corbett, which hath caused great Suits and Dissentions between them: And whereas the said Sir John Corbett had a Judgement against Sir James Stonehouse Knight, in Action of Waste, in His Majesty's Court of Common Pleas at Westm. which was afterwards affirmed in a Writ of Error in the King's Bench, and Execution thereupon awarded; yet the said Sir John, by Means of the said Archbishop, could not have the Effect thereof; but was committed to Prison, by the said Archbishop and others at the Council Table, until he had submitted himself to the Order of the said Table, whereby he lost the Benefit of his said Judgement and Execution.

6thly, That whereas divers Gifts and Dispositions of divers Sums of Money were heretofore made, by divers charitable and well-disposed Persons, for the buying in of divers Appropriations, for the Maintenance of preaching the Word of God in several Churches, the said Archbishop, about Eight Years last past, wilfully and maliciously caused the said Gifts, Feoffments, and Conveyances, made to the Uses aforesaid, to be overthrown in His Majesty's Court of Exchequer, contrary to Law, as Things dangerous to the Church and State, under the specious Pretence of buying in Appropriations, whereby that pious Work was suppressed and trodden down, to the great Dishonour of God, and Scandal of Religion.

"7thly, That the said Archbishop, at several Times within these Ten Years last past, at Westm. and elsewhere within this Realm, contrary to the known Laws of this Land, hath endeavoured to advance Popery and Superstition within the Realm; and, for that End and Purpose, hath wittingly and willingly received, harboured, and relieved, divers Popish Priests and Jesuits; namely, One called Sancta Clara, alias Damport, a dangerous Person, and Franciscan Friar, who, having written a Popish and seditious Book, intituled Deus Natura Gratia, wherein the Thirty-nine Articles of the Church of England, established by Act of Parliament, were much traduced and scandalized, the said Archbishop had divers Conferences with him while he was in writing the said Book; and did also provide Maintenance and Entertainment for one Monsieur St. Giles, a Popish Priest, at Oxford, knowing him to be so, a Popish Priest.

"8thly, That the said Archbishop, about Four Years last past, at Westm. aforesaid, said, "That there must be a Blow given to the Church, such as hath not been yet given, before it could be brought to Conformity;" declaring thereby his Intention to be, to shake and alter the true Protestant Religion established in the Church of England.

"9thly, That, in and about the Month of May, 1641, presently after the Dissolution of the last Parliament, the said Archbishop, for the Ends and Purposes aforesaid, caused a Synod or Convocation of the Clergy to be held, for the several Provinces of Canterbury and Yorke, wherein were made and established, by his Means and Procurement, divers Canons and Constitutions Ecclesiastical, contrary to the Laws of this Realm, the Rights and Privileges of Parliament, and Liberty and Property of the Subject, tending also to Sedition and dangerous Consequence; and, amongst other Things, the said Archbishop caused a most dangerous and illegal Oath to be therein made and contrived, the Tenor whereof followeth, in these Words:

"That I, A. B. do swear, that I do approve the Doctrine and Discipline, or Government, established in the Church of England, as containing all Things necessary to Salvation; and that I will not endeavour, by myself or any other, directly or indirectly, to bring in any Popish Doctrine, contrary to that which is so established: Nor will I ever give my Consent to alter the Government of this Church, by Archbishops, Bishops, Deans, and Archdeacons, &c. as it stands now established, and as by Right it ought to stand; nor yet ever to subject it to the Usurpations and Superstitions of the See of Rome; and all these Things I do plainly and sincerely acknowledge and swear, according to the plain and common Sense and Understanding of the same Word, without any Equivocation, or mental Evasion, or secret Reservation whatsoever; and this I do heartily, willingly, and truly, upon the Faith of a Christian: So help me God, in Jesus Christ.

"Which Oath the said Archbishop himself did take, and caused divers other Ministers of the Church to take the same, upon Pain of Suspension and Deprivation of their Livings, and other severe Penalties; and did also cause Godfrey then Bishop of Gloucester to be committed to Prison, for refusing to subscribe to the said Canons, and take the said Oath; and afterwards the said Bishop submitting himself to take the said Oath, he was set at Liberty.

"10thly, That, a little before the calling of the last Parliament, Anno 1640, a Vote being then passed, and a Resolution taken, at the Council Table, by the Advice of the said Archbishop, for assisting of the King in extraordinary Ways, if the said Parliament should prove peevish, and refuse to supply His Majesty, the said Archbishop wickedly and maliciously advised His Majesty to dissolve the said Parliament; and accordingly the same was dissolved: And presently after the said Archbishop told His Majesty, That now he was absolved from all Rules of Government, and left free to use extraordinary Ways for His Supply."

"For all which Matters and Things the said Commons assembled in Parliament, in the Name of themselves and of all the Commons of England, do impeach the said Archbishop of Canterbury of High Treason, and other Crimes and Misdemeanors, tending to the Subversion of our Religion, Laws, and Liberties, and to the utter Ruin of this Church and Commonwealth.

"And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any further or other Accusation or Impeachment against the said William Lawd Archbishop of Canterbury, and also of replying to the Answer that he shall make unto the said Articles or any of them, or of offering Proof of the Premises, or any other Impeachment or Accusations that shall be exhibited by them, as the Case shall (according to the Course of Parliaments) require, do pray that he, the said William Laude, Archbishop of Canterbury, may be called to answer the said several Crimes and Misdemeanors, and receive such condign Punishment as the same shall deserve; and that such further Proceedings may be upon every of them had and used against him, as is agreeable to Law and Justice."

"An Ordinance of the Lords and Commons assembled in Parliament, for the more speedy raising of the Monies formerly imposed, and yet unpaid, within the City of London and Liberties thereof.

Ordinance for the speedy raising of Monies formerly imposed, and yet remaining unpaid, in London.

"The Lords and Commons, taking into their Consideration the great Burthen and Charge hitherto for the most Part undergone by the willing Part of the City of London and Liberties thereof, by their ready Payments and Contributions, in Pursuance of several Acts and Ordinances of Parliament heretofore made for that Purpose; whilst others, through Want of due Execution thereof, have either paid and contributed nothing, or not considerably, thereunto; for Remedy thereof, do Ordain, and be it Ordained by the said Lords and Commons, That the several Persons hereafter named, shall, within the several Wards of the said City and Liberties, be employed as Agents, to put in Execution the several Acts and Ordinances hereafter mentioned, in Manner as is hereby Declared; videlicet,

"Which said several Persons, or any other that the Committee for the Militia of London shall add, who are hereby enabled thereunto, upon Notice given them by the Collectors, or any of them, of the last Subsidies for Four Hundred Thousand Pounds, and of the Weekly Assessments, or any Fifteens heretofore granted by the Common Council of the City of London, who are hereby required, upon the Request of the Persons abovenamed, to give Notice thereof accordingly, what Persons, within their several Wards or Precincts, have refused or neglected to pay their said Subsidies, Weekly Assessments, and Fifteens, and what the said Arrearages are; and, upon Notice also given to the Persons abovenamed, by the Treasurers appointed to receive the Monies brought in upon the late Ordinance of the 18th of August last, or by any of the Common Council Men of any Ward, what Arrearages are due thereupon, and from whom (who are also required hereby, upon the Request of the Persons abovenamed, to give Notice thereof accordingly), shall, together with the said Collectors of each several Wards, or any of them, forthwith repair to the several Persons so in Arrear, or to the usual Places of their Abode; and if, upon Demand thereof made, such Persons shall neglect or refuse to pay the said Weekly Assessments, Subsidies, or the said Fifteens, to the said Collectors, or any of them, and shall neglect or refuse forthwith to pay the Arrearages due upon the said late Ordinance of the 18th of August, to the Treasurers appointed for that Purpose, that then it shall and may be lawful to and for the Persons abovenamed, in the Presence of the said Collectors, or any of them, or of the Constables of the said several Wards and Precincts, who are hereby required to be aiding and assisting herein within their several Precincts and Wards, to distrain, seize, take, and carry away, from the several Persons so in Arrears, so much Money of the Goods and Estate of every such Person so refusing or neglecting to pay the same as aforesaid, as may fully satisfy the said Arrearages, with all Charges of Seizures and Removal thereof: And it is also Ordained, That all the Goods so seized and distrained as aforesaid shall be forthwith inventoried, by the said Persons abovenamed, in the Presence of the said Constables and Collectors, or some of them, and also appraised by such Persons as shall be for that Purpose appointed by William Rowell, Richard Willett, Henry Cole, Richard Everett, Robert Doleman, Stocke, Thomas Vincent, and John Brett, or any Two of them, who are hereby appointed a Committee, to sit at Gresham Colledge, to receive the said Inventories, and Goods so appraised; which said Inventories are to be subscribed by the Persons hereby appointed to distrain, together with the Constables or Collectors that shall be present at the Distress; and, in Case neither the Persons whose Goods shall be so seized or distrained, nor any in his Behalf, do, within Three Days after Seizure, redeem the same as they shall be appraised, then the said Committee, or any Two of them, to sell the same for the best Advantage, and from Time to Time to deliver the Monies so received for the same to the Treasurers sitting at Guildhall, appointed by the said Ordinance of the 18th of August last; and to restore the Overplus, if any be, to the Persons so seized and distrained as aforesaid: And it is hereby further Ordained, by the said Lords and Commons, That the Persons abovenamed shall hereby have Power and Authority, in the Presence of the said Collectors and Constables, or any of them, as well within any Privileged Places as without, to break open all Locks, Doors, or other Strength whatsoever, where the Estates, Money, or Goods, belonging to any such Persons so in Arrear, are or shall be; and the Trained Bands, Voluntiers, and other Forces, their Commanders and Officers, and also the several Constables and other Officers, within their Limits, are hereby required and enjoined to be aiding and assisting to the Persons abovenominated, and employed for the Service aforesaid: And it is further Ordained, by the said Lords and Commons, That the said Committee, or any Two of them, shall allow to the Persons abovenamed, and appointed to make Seizures as aforesaid, Three Pence for every Pound, which the Goods so distrained by them and sold shall amount unto; and also such other Allowance, to such other Person or Persons necessarily employed for the Service aforesaid, as the said Committee shall think requisite, to be paid out of the Money taken for the Sale of the said Goods: It is also Ordained, by the said Lords and Commons, to the End both this and the Ordinance for Sequestration formerly made may be effectually put in Execution, That as well the several Committees for Sequestrations, both within the said City of London and Liberties and elsewhere, appointed in Pursuance of the Ordinances for Sequestrations formerly made, as also the said Committee hereby appointed to sit at Gresham Colledge, shall have Power, at such Times as the said Committees, or any of them, think fit, to cause the said Collectors, or any other their Under Officers, to give Accompt, upon Oath, to the said Committee, or any of them, concerning any the Dealings and Proceedings of the said Collectors and Under Officers, in their several Employments under the said Committees: And, to the End this present Ordinance, or any Thing therein contained, may not hinder the due and orderly Execution of the said Ordinances formerly made, for the Sequestrations of the Estates of Papists and Delinquents, within the said City of London and Liberties thereof, be it therefore Ordained, That all such as shall fraudulently embezzle, conceal, or convey away, all or any Part of their Goods, Money, or Estate, without valuable Consideration bonâ fide, thereby preventing or avoiding the Payment of any Taxes or Assessments laid upon them by any Ordinance of both Houses of Parliament, or any Distress or Seizure in Case of Non-Payment thereof; or that, after any such Tax or Assessments, convey themselves away, or refuse to be spoken with, whereby any such Tax or Assessment, laid on them by any Ordinance of both Houses of Parliament, cannot be executed upon them or their Estates, according to the true Meaning and Purport thereof, shall be still taken to be Delinquents within the said Ordinance of Sequestration, and their Estates sequestered by the said Sequestrators (the Common Council Men and Collectors of each Ward and Precinct within the said City and Liberties being hereby required, upon Request made to them, or any of them, by the said Committee for Sequestration, or the Collectors appointed by the said Committee, to give a Catalogue, or other Notice, of such Persons, now or heretofore inhabiting within their several Wards; this present Ordinance, or any Thing therein contained, to the contrary in any wise notwithstanding): And it is also Ordained, by the said Lords and Commons, That, if the said Collectors, Constables, or any other Persons hereby appointed, or to be appointed, for the Purpose mentioned in this Ordinance, and in Pursuance thereof, shall refuse or neglect to execute and do what hereby is required from them, or any of them, that then, upon Proof made thereof to the Committee of the House of Commons for Examinations sitting at Westm. or to the Militia for the City of London, every Person so refusing or neglecting as aforesaid shall be, by the said Committees, or either of them, committed to safe Custody, without Bail or Mainprize, or assessed to pay such Sums of Money, by Way of Fine, as the said Committee or Militia shall think fit, so the same exceed not the Sum of Ten Pounds for any One Offence; and every Person or Persons doing and performing any Thing in pursuance of this Present Ordinance shall be therefor, from Time to Time, kept harmless, by the Authority of both Houses of Parliament."

Ordinance to provide Saltpetre, for making Gunpowder.

"Whereas the great Expence of Gunpowder, occasioned by the present War within His Majesty's Dominions, hath well near consumed the old Store, and doth exhaust the Magazines so fast, as, without a larger Supply, the Navy, Forts, and Land Armies, cannot be furnished; and whereas Foreign Salt-petre is not equal in Goodness with that of our own Country, and the Foreign Gunpowder far worse conditioned and less forcible than that which is made in England; and whereas divers Foreign States have of late prohibited the Exportation of Salt-petre and Gunpowder out of their own Dominions and Countries, so that there can be little Hope of future Expectation of any Petre or Powder to be brought into this Kingdom as in former Times, which will enforce us to make Use of our own Materials; it is held most necessary, that the digging of Salt-petre and the making of Gunpowder should by all fit Means be encouraged at this Time, when it so much concerns the Public Safety: Nevertheless, to prevent the reviving of those Oppressions and Vexations exercised upon the People, under the colourable Authority of Commissions granted to Salt-petre-men, which Burthen hath been eased since the Sitting of this Parliament, and to the End that there may not be any Pretence to interrupt the Work, it is Ordained, by the Lords and Commons in Parliament, That such Persons as shall be nominated and allowed by the said Lords and Commons in Parliament shall have Power and Authority, by this present Ordinance, to search and dig for Salt-petre, in all Pigeon-houses, Stables, and all other Out-houses, Yards, and Places, likely to afford that Earth, at fit Seasons and Hours, between Sun-rising and Sun-setting (except all Dwelling-houses, Shops, and Milk-houses); the said Salt-petre-men, at their own Cost and Charges, levying the Ground, and repairing any Damage which shall be done by them; wherein if the said Petre-men do fail to give Satisfaction to the Contentment of the Owners, then, Notice given by the Parties grieved unto the next Deputy Lieutenants, or other Committees appointed by Parliament, the said Deputy Lieutenants, Committees, or any One or more of them, shall have Power to compel the said Petre-men to lay the Ground in as good Order as before the breaking up (Working only excepted); and likewise to give such reasonable Satisfaction for the Damage, as he or they, in his or their Discretion, shall think fit; which not being obeyed, the Name and Offence of such Person or Persons refusing shall be returned to the Parliament: And forasmuch as the Salt-petre-men, for the Provision of the State, are to bring in a Proportion of Salt-petre Weekly, which they can be in no Ways able to do in Case they should be denied to dig and work for Salt-petre, it is therefore Ordered, That, in case any Person whatsoever shall refuse to suffer Salt-petre-men allowed by Parliament to dig and work for Salt-petre, according to the Rules and Limitations beforementioned, then the Salt-petre-men shall return the Names of such Persons so refusing, to be proceeded against according to their Demerits: And it is likewise Ordained, That the said Salt-petre-men, for the Carriage of the Liquor, Vessels, and other Utensils, from Place to Place, and delivering of the Saltpetre where the same shall be made into Gun-powder, it shall be lawful for the said Salt-petre-men to demand and take Carts, by the known Officers, so as the Lading shall not exceed Twenty Hundred Weight, and the Journey not exceed Ten Miles; for Carriage whereof, the Owner shall be paid after the Rate of Eight Pence the Mile; by which Means the Work of making Powder in this Kingdom (which else will be let fall in this Time of Danger) may be continued and cherished, and the Subjects may have the Benefit of Powder at far easier Rates than now it is sold for.

"This Ordinance to continue only during the Pleasure of both Houses of Parliament."

"Resolved, &c.

Order for adjourning the Term.

"That the Judges of the Court of King's Bench and Common Pleas, and Barons of the Exchequer, be required to adjourn this Term of St. Michaell, from the 23d Day of this Instant October, unto Octabis S' ti Martini, at Westm, according to the usual Manner of Adjournment."

(fn. 4) "An Ordinance of the Lords and Commons, for the further Enlargement of a former Ordinance, made for the speedy raising of Monies, and furnishing One or more Magazine or Magazines of Arms and Ammunition, and other necessary Charges, for and concerning the raising of Horse, and other Military Forces, within the Hamlets of The Tower, the City of Westminster, the Borough of Southwarke, and other Parts of the Counties of Middlesex and Surrey, within the Forts and Lines of Communication, and the Parishes adjacent mentioned in the Weekly Bill of Mortality.

Ordinance for enlarging an Ordinance for raising Monies within the Line of Communication, Middlesex and Surrey, &c. by rating the Members of both Houses.

Whereas, in the late Ordinance of Parliament, intituled, "An Ordinance for the speedy raising of Monies, and furnishing One or more Magazine or Magazines, Arms, or Ammunition, and other necessary Charges for and concerning the raising of Horse and other Military Forces, within the Hamlets of The Tower, the City of Westminster, the Borough of Southwark, and other Parts of the Counties of Middlesex and Surrey, within the Forts and Lines of Communication, and Parishes adjacent, mentioned within the Weekly Bill of Mortality," a Proviso is therein, That not any Thing within the said Ordinance contained shall extend to the Peers, or Members of either House, or the Assistants of the House of Peers, or necessary Attendants of either House:

We, the said Lords and Commons, taking into Consideration the many Charges already imposed, the great Want of Trade, the Absence of many Persons of Ability who should share in the common Charge, whereby the Inhabitants within the said Limits are much disabled to raise so great Sums as in the said Ordinance are mentioned, and considering the great Danger that may happen if the said Service be neglected, do Ordain, and be it by these Presents Ordained, That the Houses and Lands, within the Limits aforesaid, of the said Lords and Commons, their Assistants and menial Servants, shall and may be be liable and charged to and with such proportionable Rates and Payments, as the House and Lands of other the Inhabitants within the Limits aforesaid, for such their Houses and Lands only as the said Lords and Commons, their Assistants and menial Servants, have within the Limits aforesaid: Provided always, That such Rates and Assessments made as aforesaid, before any Levies thereof made, shall be presented to the respective Houses, whose Members, Assistants, and Attendants, shall be concerned therein respectively, and by such respective House allowed; any Proviso or Exception in the said former Ordinance notwithstanding."

Ordered, by the Commons in Parliament, that this Ordinance be forthwith printed and published.

H. Elsynge,
Cler. Parl. D. Com."

Adjourn.

House adjourned till 10^a cras.