House of Lords Journal Volume 6: 5 February 1644

DIE Lunæ, 5 die Februarii.

PRAYERS, by Mr. Bridge.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Ordered, That the Lord General is hereby added to the Committee appointed to receive such Things from the Commissioners of Scotland as they have to communicate to the Parliament.

Answer from the H. C.

Mr. Serjeant Whitfeild and Mr. Serjeant Fynch returned with this Answer to the Message sent to the House of Commons on Saturday last:

That they agree with their Lordships to the Instructions for taking the Covenant, with the Alterations and Additions. (Here enter it.)

Ordinance for taking the Accompts of the Kingdom.

Next, the Ordinance for taking of Accompts was read Twice, and Ordered to be committed to a Committee of the whole House, to be taken into Consideration presently.

Message to the H. C. for the Committees to meet with the Scotch Commissioners.

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

To desire them, that the Committee appointed to meet with the Scotts Commissioners may meet presently, in the Lord Keeper's Lodgings, if it may stand with their Conveniency.

This House was adjourned during Pleasure; and the Ordinance for taking of Accompts of the Kingdom was read.

The House was resumed.

But nothing now brought to a Result.

Message from thence, that the Assistants of this House may take the Covenant;

A Message was brought from the House of Commons, by Mr. Reynolds, &c.

To desire that the Assistants and the Officers of this House may take and subscribe the Covenant; and that the Names of such Members of this House as have subscribed the Covenant may be printed with the Covenant.

Agreed to, and Ordered accordingly.

to expedite Two Ordinances;

2. To desire their Lordships would please to expedite the Ordinance concerning the taking of Accompts, and the Ordinance concerning Uxbridge.

and with an Ordinance for 5000 l. for Plymouth.

3. To desire Concurrence concerning Five Thousand Pounds to be advanced for Plymouth.

The Ordinance concerning Five Thousand Pounds to be paid to Plymouth was read Twice, and committed to these Lords following:

Committee to consider of it.

Any Two, to meet presently in the Prince's (fn. 1) Lodgings.

The Lord Admiral reported, "That the Committee have considered of the Ordinance for advancing Five Thousand Pounds for (fn. 2) Plymouth; and they think it fit to pass as it is, without any Alteration."

Hereupon it was read the Third Time, and Agreed to.

(Here enter it.)

The Answer returned to this Message was:

Answer.

That their Lordships have appointed Wednesday next for tendering the Covenant to the Assistants and Officers of this House; and their Lordships have Ordered, That the Names of such Members of this House as have subscribed the Covenant shall be printed with the Covenant: Likewise their Lordships do agree to the Ordinance for advancing Five Thousand Pounds for Plymouth; and concerning the Two Ordinances, concerning Uxbridge and taking of Accompts, their Lordships will take them into Consideration, and send an Answer by Messengers of their own.

Answer from the H. C.

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

That their Committee shall be ready to meet with the Scotts Commissioners presently, as is desired.

Committee to consider of the Ordinance concerning Uxbridge.

Ordered, That the

Earls of Kent,
Rutland,
Bollingbrooke,
Denbigh, and

The Lord Bruce, and
Lord Wharton,

Are added to the Committee for the Ordinance concerning Uxbridge.

And the House was adjourned during Pleasure to take the same into Consideration.

Nothing brought to Result.

The House was resumed.

Committees ment with the Scots Commissioners;

And the Lord General reported to the House, "That the Committees of both Houses have met (fn. 3) with the Commissioners from the Kingdom of Scotland, and have seen their Powers; and Two Papers were delivered from them:" Which was read presently.

(Here enter them.)

Papers from them.

Ordered, That these Papers be presently sent to the House of Commons; and to desire them that they would give a speedy Resolution, that so some Course may be taken, that the Commissioners may meet, and treat of Business.

Message to the H. C. with these Papers; and to desire they would expedite this Business.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfield and Mr. Serjeant Fynch:

To deliver these Papers to them, which this Morning was received from the Commissioners of Scotland by the Committees of both (fn. 4) Houses; and, in regard of the urgent Affairs of both Kingdoms, to desire that there may be some speedy Expedition given to this Business, that so the Commissioners may fall to treat; and because that these are true Copies which their Lordships do send down, in regard of the great Haste, this House desires that the said Copies may be returned to this House again.

Assembly of Divines complain that Dr. Burges was prevented from preaching in St. Paul's, by Mr. Simpson.

The Earl of Pembrooke reported to this House, "That the Assembly desired him to acquaint their Lordships, that Yesterday the Lord Mayor of London having appointed a Sermon to be preached in Paul's Church in the Afternoon, by Mr. Dr. Burges; but one Mr. Simpson came in a disorderly Way, and claimed (fn. 5) the Pulpit to be provided for him to preach; but he was prevented by the Officers, who locked up the Church Doors; whereupon the said Mr. Sympson used unfitting Speeches, and went to the Preaching Place in Paul's Churchyard, and offered to preach there; but the Officers discreetly prevented him; else there would have been a Tumult and Disorder." Hereupon this House Ordered, That when this House receives the Particulars of this Business, their Lordships will give further Directions herein.

Dispute between the Earl of Manchester and Lord Willoughby.

Next, the Earl of Northumb. reported, "That the Committee have taken divers Examinations of Witnesses concerning the Difference between the Lord Willoughby and the (fn. 4) Earl of Manchester; and it appears that there was Way laid in The Cloysters at Westm. to affront the Earl of Manchester, as he came from the Assembly: And likewise the Committee examined the Lord Willoughby, who says, The Difference between him and the Earl of Manchester is for Personal and Private Injuries which he hath received from the Earl of Manchester, from whom he hath received Letters, but no Satisfaction."

Upon this, the Earl of Manchester declared to this House, "That he knows no Personal Injuries which the Lord Willoughby ever charged him withall; for he hath ever used the Lord Willoughby with great Respects, as hath been acknowledged by himself." But his Lordship further said, "That when Colonel Askew delivered him the Letter from the Lord Willoughby, he told his Lordship it was concerning Colonel Cromwell's Business."

The House hereupon taking it to be a great Breach of Privilege of Parliament, and a Dishonour to this House, for a Challenge to be sent a Peer of this House in Parliament-Time: Therefore it is Ordered, That the Committee shall examine upon Oath such Persons as they shall think fit, upon such Particulars as it is fit an Oath should be given; and that the Clerk of the Parliament is hereby Ordered to give the said Oath: And further it is Ordered, That the said Committee do examine the Lord Willoughby what those Private and Personal Injuries are, which he says the Earl of Manchester hath done him; and likewise what the Satisfaction is which the Earl of Manchester hath (fn. 6) not given him: And further it is Ordered, That the Earl of Denbigh is hereby added to be of this Committee, who are to meet this Afternoon, at Four of the Clock.

Covenant to be tendered to the Lords who are in Town.

Ordered, That the Earls of Bolingbrooke and Rutland shall repair to those Lords that are in Town, and tender the Covenant of the Three Kingdoms to them, in the Name of this House; and the Clerk of the Parliament is to attend them with the said Covenant.

Message to the H. C. that the Lords will sit To-morrow, A. M.

Ordered, That this House will sit To-morrow Morning, at Ten of the Clock; and that a Message be sent to the House of Commons, to let them know so much; which (fn. 7) accordingly was done, by Sir Rob't Rich and Mr. Page.

Ordinance for 5000 l. for Defence of Plymouth, Poole, and Lyme.

"Whereas Nathan Wright, Francis Lenthall, and George Henley, Merchants, are, by an Ordinance in that Behalf made, appointed to receive, collect, and take, certain Customs or Subsidy, to be employed for, in, and about, the Defence of the Town and Port of Plymouth, and Island of St. Nicholas, and the Town of Poole and Lyme, and Places adjacent; and whereas, by One other Order of both Houses of Parliament, dated Die Martis, 12 Decembris, 1643, the said Nathan Wright, Francis Lenthall, and George Henley, are appointed Treasurers of the said Sums of Money; and whereas the Committee of Lords and Commons, for the Safety of the said Places, have, for the necessary and pressing Occasions of the Commonwealth and the said Parts, propounded to the said Nathan Wright, Francis Lenthall, and George Henley, to advance the Sum of Five Thousand Pounds; and have offered that the said Nathan Wright, Francis Lenthall, and George Henley, their Executors, Administrators, and Assigns, shall be re-paid the said Money, in Manner as is herein mentioned, with Interest after the Rate of Eight Pounds per Centum for a Year; who have accepted thereof, so the Re-payment thereof may be secured by (fn. 8) and according to this Ordinance, with Clauses as are herein expressed: Be it therefore Ordained, by the Lords and Commons in this present Parliament assembled, That the said Nathan Wright, Francis Lenthall, and George Henley, shall advance the said Sum of Five Thousand Pounds, and pay Two Thousand Pounds thereof at or before the Fifth of February Instant, and the Three Thousand Pounds Residue at or before the 15th Day of the same Month; the same to be paid unto such Person and Persons as the said Committee, or any Five of them, shall appoint; and the said Nathan Wright, Francis Lenthall, and George Henley aforenamed, the Survivors and Survivor of them, his and their Assigns, shall collect the Duty due by the said Ordinance, till the said Five Thousand Pounds, with Interest as aforesaid, be fully re-paid, according to the true Intent of this Ordinance; and the said Collectors, on or before the First Day of February next, shall make a perfect Accompt in Writing to the said Committee, of all such Monies as are already collected upon the said Ordinance, and in their Hands; which Money in their Hands upon such Accompt shall be by them paid and disposed as the said Committee, or any Five of them, shall direct; and the said Collectors shall from Time to Time hereafter, till the First Day of August next, pay all the Monies by them collected to such Persons as the said Committee, or any Five of them, shall appoint, the Charges deducted; and shall accompt (fn. 9) for all such Monies which they shall hereafter collect by force of the said Ordinance, before the said First Day of August, as often as the said Committee, or any Five of them, shall appoint; and, on the said First Day of August, accompt to the said Committee (fn. 9) for all Receipts and Collections then made, and out of the Money which shall be then in their Hands (fn. 10) shall deduct the Interest aforesaid, for the said Five Thousand Pounds, from the respective Times of Payment thereof, with such Charges also as shall be undergone for the said Collection, as hereby is allowed; and shall dispose of the Residue of the said Monies then, which shall upon the said Accompt be in their Hands, as the said Committee shall appoint; and the said Collectors, and the Survivors and Survivor of them, their and his Assigns, shall again, that is to say, on the First Day of November next, yield another Accompt in Writing of all the Monies by them collected on or after the said First Day of August, and shall retain so much of the same as shall by them be collected; first, towards the Payment of the said Charges and Interest after the Rate of Eight per Cent. as aforesaid to them then to grow due; and afterwards so much of their Principal as the same will amount unto; and shall again, at Three Months after, that is to say, on the First Day of February, give an Accompt in Writing of all Monies received on or after the said First Day of November; and then, the said Charges for Collection and Interest first deducted, for so much of the said Five Thousand Pounds as remains unsatisfied by the Monies on the said Accompt made the First Day of November, shall retain so much of the Residue remaining on the said Accompt of the First of February, as will fully satisfy the said Five Thousand Pounds, if the same will amount to so much; and so from Time to Time, on the First Day of every Third Month, the said Collectors shall make such Accompt, till the said Five Thousand Pounds, with such Interest (fn. 11) as from Time to Time shall accrue, and Charges, be in like Manner satisfied; and, after such Satisfaction, shall be accountable for the whole Residue, and pay the same as the said Committee or any Five of them shall appoint.

"And it is Ordained also, That the said Collectors, Nathan Wright, Francis Lenthall, and George Henley, Merchants, for and towards the said Charges of their Collections, be allowed, and shall detain, on their said Accompts, Twelve Pence in the Pound, for all the Charges of the Collection, Treasurership, and otherwise, of the said Deputy and Customs.

"And lastly, be it further Ordained, That the said Collectors, Nathan Wright, Francis Lenthall, and George Henley, be secured and saved harmless, by Authority of both Houses of Parliament, in what they shall do in Execution of the Premises: Provided always, That as touching the Duty hereby imposed, there be no Deduction or Defalcation of Fifteen Pounds per Hundred Pound: And be it further Ordained, That the Customers, Comptrollers, and other Officers whom it may concern, in the Port of London, and all the other Out-ports, do take particular Notice of this Ordinance; who are to pass no Entry until the said Duty of One Tenth Part, over and above the present and future Customs and Duties, be duly satisfied and paid to the said Collectors or their Deputies, and signified under their Hands in Writing, according to the true Intent of this present Ordinance. Provided also, and it is hereby Declared, That this Ordinance is to have no longer Continuance than until the Five Thousand Pounds herein mentioned be fully satisfied, with Interest and Charges abovementioned."

Paper from the Scots Commissioners, acquainting the Houses with their Powers, and for settling a Method of treating with them.

"Whereas the Committee of the Parliament of England represented to the Convention of Estates of Scotland, that the Honnorable Houses did hould it of absolute Necessity, that a Committee or Commissioners from the Kingdome of Scotland should bee forthwith sent to reside in London, or elswhere neere the Parliament, with sufficient Power and Authority to treate and conclude of all such Things as shall bee necessary for the Good of the Three Kingdomes, in Pursuance of the Covenant and of the late Treaty, with further Power to send some, by joynt Consent, to any the Parts beyond Seas, for the procureing of Moneyes or Ingagements of other States in the common Cause; and that they were commaunded with all Earnestnes to presse this Article, as that without which the whole Busines was like to become very dilatory, if not altogether fruitlesse: The Convention of the Estates of Scotland, considering and acknowledging the Necessity of joyning the Councells as well as the Forces of both Nations for prosecuteing of this Cause, and for sattisfying the Desires of the Parliament, as they have appointed Committees to reside in Scotland, and to come alongst with the Scottish Army, and joyne with the Committees of England at the Campe; soe they have sent some of theire Number to London, authorized with an Commission, whereof an Coppy is herewith delivered to your Lordships and these noble Gentlemen of the House of Commons.

"Likeas seing both Kingdomes are now joyned in one common Cause and Covenant, and theire Safety consists under God in theire joynt Councells and Endeavors; they have commaunded us to assure the Parliament of England, in Name of that Kingdome, theire constant Resolutions, with theire Lives and Fortunes, to stand in the Defence thereof; and as theire takeing Armes is for the establishing and maintayning of Religion and Liberty in both Nations, soe alsoe to signify that, these being obtayned, it is still theire earnest Desire that, by the joynt Advise of both Kingdomes, all good Meanes may bee used for procureing such a happy Pacification betwixt His Majesty and His People, as may serve most for the Glory of God, His Majesty's true Honnor, and theire Prosperity: And for the better effecting hereof, wee are comaunded by all Meanes to strengthen the happily-begun Union, and intertaine the mutuall Confidence and Correspondence betwixt the Kingdomes, betwixt theire Committees, and betwixt theire Armyes; and to prevent all Jealousyes and Mistakes which may arise through theire Misapprehension, or the Suggestion of our common Adversaryes: And to this End, we are enjoyned to encourage the Hearts, strengthen the Hands, and further the good Motions, of the wel-affected, tending to the Advancement of the Cause, and Conjunction of the Kingdomes; and, by our best Advice and Endeavors, to prevent or remove any Overtures or Motions flowing from Enemyes or Neutrals, to the Prejudice of the Covenant or Treaty, or common Interest of both Kingdomes.

"Wee are alsoe instructed and warranted to advise and consult, with such Committees as the Honnorable Houses of Parliament shal bee pleased to appointe, what may bee further necessary to goe from both Kingdomes, for Information and Correspondence with other Nations, and drawe the same upp, with any other Propositions shal bee thought necessary concerning our Armyes in England or Ireland; or for Remonstrances, Declarations, or Petitions, to the King's Majesty; or Answers to Declarations or Propositions sent from His Majesty, concerning the present Troubles; to bee presented unto, and agreed upon by, the Houses of Parliament in England, and the Committee of the Estates of Scotland.

"And seing wee have severall Desires to propone in Name of the Kingdome of Scotland, whereof some concernes the present Maintenance of theire Armyes in England and Ireland; the Necessitys whereof, as they cannott bee well represented in this Paper, soe can they not admitt of long Prefaceings and many Delayes and Debates; wee doe intreate your Lordships and these noble Gentlemen of the House of Commons, to represent to the Houses of Parliament our earnest Desires, that they would bee pleased to lay downe some speedy and constant Way of communicateing the Desires and joyning the Councells of both Kingdomes, in Pursuance of the Covenant, Treaty, and common Interest of His Majesty's Dominions, and for supplying the present Necessityes of these Armyes; for the Furtherance whereof, wee have brought alongst with us the Act of the Publique Faith of the Kingdome of Scotland, to bee made Use of at Home or Abroad, as shal bee found necessary.

"John Donn, Cler. Commiss."

5 Februarii, 1644.

Scots Commissioners Powers for treating with the Two Houses.

"At Edenburgh, the 9th of January, 1644.

"Whereas this Kingdome (after all other Meanes of Supplications, Remonstrances, and sending of Commissioners, have beene used without Successe) hes entered into a Solemne League and Covenant with the Kingdome and Parliament of England, for Reformation and Defence of Religion, the Honnor and Happines of the King, and the Peace and Safety of the Three Kingdomes of Scotland, England, and Ireland, and a Treaty agreed on, and ane Army raised and sent out of this Kingdome, for these Ends; and the Estates of this Kingdome presently conveined being still desireous to use all good and lawfull Meanes that Truth and Peace may bee established in all His Majesty's Dominions, and that, without the Effusion of more Blood, there may bee such a blessed Pacification betwix His Majesty and His Subjects, as may serve most for His Majesty's true Honnor, and the Safety and Happines of His People: They doe therefore give full Power and Commission, expresse Bidding and Charge, to John Earle of Lowdoun Lord High Chauncellor of this Kingdome, Johne Lord Maitland (now in England), Sir Archibald Johnston of Wareston, and Mr. Robert Barclay, to repaire with all Dilligence to the Kingdome of England; and with Power to them, or any Two of them, to endeavor the effectuateing of the foresaid Ends, and all such other Matters concerning the Good of both Kingdomes as are or shal bee from Tyme to Tyme committed to them bee the Estates of this Kingdome, or Committee thereof, according to the Instructions given or to bee given to them; firme and stable holding, and for to hould, all and whatsomever Thinges they sall doe conforme thereto.

"Sic subscribitur,
Vera Copia, ex'r,
Arch. Primrose, Cler. Conven."
John Donn, Cler. Commiss.

"An Ordinance enjoining the taking of the late Solemn League and Covenant throughout the Kingdom of England and Dominion of Wales.

Ordinance enjoining the taking the Covenant.

"Whereas a Covenant for the Preservation and Reformation of Religion, the Maintenance and Defence of Laws and Liberties, (fn. 12) has been thought a fit and excellent Means to acquire the Favour of Almighty God towards the Three Kingdoms of England, Scotland, and Ireland, and likewise to unite them, and, by uniting, to strengthen and fortify them against the common Enemy of the true Reformed Religion, Peace, and Prosperity of these Kingdoms; and whereas both Houses of Parliament in England, the Cities of London and Westm. and the Kingdom of Scotland, have already taken the same: It is now Ordered and Ordained, by the Lords and Commons in Parliament, That the same Covenant be solemnly taken in all Places, throughout the Kingdom, and Dominion of Wales; and, for the better and more orderly taking thereof, these Directions ensuing are appointed and enjoined strictly to be followed:

"Instructions for the taking of the Solemn League and Covenant, throughout the Kingdom.

Instructions for taking the Covenant.

"1. That the Speakers of both Houses of Parliament do speedily send to the Lord General, and all other Commanders in Chief, and Governors of Towns, Forts, Castles, and Garrisons, as also to the Earl of Warwick Lord High Admiral of England, true Copies of the said Solemn League and Covenant, to the End it may be taken by all Officers and Soldiers under their several Commands.

"2. That all the Knights and Burgesses now in Parliament do take special Care speedily to send down into their several Counties (which are or shall hereafter be under the Power of the Parliament) a competent Number of true Copies of the said League and Covenant, unto the Committees of Parliament in their several Counties; and that the said Committees do, within Six Days at the most, disperse the said Copies to every Parish Church or Chapel in their several Counties, to be delivered unto the Ministers, Churchwardens, or Constables, of the several Parishes.

"3. That the said Committees be required to return a Certificate of the Day when they received the said Copies, as also of the Day they sent them forth, and to what Parishes they have sent them; which Certificate they are to return to the Clerk of the Parliament appointed for the Commons House, that so an Account may be given of it as there shall be Occasion.

"4. That the several Ministers be required to read the said Covenant publicly unto their People, the next Lords-day after they receive it, and prepare their People for it against the Time that they shall be called to take it.

"5. That the said League and Covenant be taken by the Committees of Parliament in the Place where they reside, and tendered also to the Inhabitants of the Town within Seven Days after it comes to the said Committees Hands.

"6. That the said Committees, after they have taken it themselves, do speedily disperse themselves through the said Counties, so as Three or Four of them be together on Days appointed, at the chief Places of Meeting for the several Divisions of the said Counties, and summon all the Ministers, Churchwardens, Constables, and other Officers, unto that Place; where, after a Sermon preached by One appointed by the Committee for that Purpose, they cause the same Minister to tender the League and Covenant unto all such Ministers and other Officers, to be taken and subscribed by them in the Presence of the said Committees.

"7. That the said Committees do withall give the said Ministers in Charge, to tender it unto all the rest of their Parishioners the next Lords-day, making then unto their said Parishioners some solemn Exhortation concerning the taking and observing thereof; and that the said Committees do also return to the several Parishes the Names of all such as have taken the Covenant before them, who yet shall also subscribe their Names in the Book, or Roll, with their Neighbours in their several Parishes; and if any Minister refuse or neglect to appear at the said Summons, or refuse to take the said Covenant before the Committee, or to tender it to his Parish, that then the Committees be careful to appoint another Minister to do it in his Place.

"8. That this League and Covenant be tendered to all Men, within the several Parishes, above the Age of Eighteen, as well Lodgers as Inhabitants.

"9. That it be recommended to the Earl of Manchester, to take special Care that it be tendered and taken in the University of Cambridge.

"10. That, for the better Encouragement of all Sorts of Persons to take it, it be recommended to the Assembly of Divines, to make a brief Declaration, by Way of Exhortation, to all Sorts of Persons, to take it; as that which they judge not only lawful, but (all Things considered) exceedingly expedient and necessary, for all that wish well to Religion, the King, and Kingdom, to join in, and to be a singular Pledge of God's Gracious Goodness to all the Three Kingdoms.

"11. That, if any Minister do refuse to take or to tender the Covenant, or any other Person or Persons do not take it the Lords-day that it is tendered, that then it be tendered to them again the Lordsday following; and if they continue still to refuse it, that then their Names be returned by the Minister that tenders it, and by the Churchwardens or Constables, unto the Committees, and by them to the House of Commons, that such further Course may be taken with them as the Houses of Parliament shall see Cause.

"12. That all such Persons, as are within the several Parishes when Notice is given of the taking of it, and do absent themselves from the Church at the Time of taking it, and come not in afterwards, to the Minister and Churchwardens, or other Officers, to take it in their Presence, before the Return be made, be returned as Refusers.

"13. The Manner of taking it to be thus: The Minister to read the whole Covenant distinctly and audibly, in the Pulpit; and, during the Time of the reading thereof, the whole Congregation to be uncovered; and, at the End of the reading thereof, all to take it, standing, lifting up their Right Hands bare; and then afterwards to subscribe it severally, by writing their Names, or their Marks (to which their Names are to be added), in a Parchment Roll, or Book, whereinto the Covenant is to be inserted, purposely provided for that End, and kept as a Record in the Parish.

"14. That the Assembly of Divines do prepare an Exhortation, for the better taking of the Covenant; and that the said Exhortation, and the Declaration of the Kingdoms of England and Scotland, joined in Arms for the Vindication and Defence of their Religion, Liberties, and Laws, against the Popish, Prelatical, and Malignant Party, and passed the 30th of January last, be publicly read when the Covenant is read, according to the Fourth and Sixth Articles; and that a sufficient Number of the Copies of the said Declaration be sent by the Persons appointed to send the true Copies of the said Covenant in the First and Second Articles."

Adjourn.

House adjourned till 10^a cras.