House of Lords Journal Volume 6: 15 June 1644

DIE Sabbati, 15 die Junii.

PRAYERS, by Mr. Rayner.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

E. of Arundel's Timber cut down, and his Deer destroyed.

Delinquents sent for.

Upon reading the Petition of Tho. Marsh, Servant to the Earl of Arundle; complaining, "That his Lordship's Timber is cut down, and his Deer destroyed, and his Pales burnt:" It is Ordered, That W'm Older, Nephaniab Older, Rich'd Stampar, Becraft, Theophilus Rushmer, and Hart, shall be summoned to appear before this House forthwith, to give an Account of this Business; in the mean Time, no Timber is to be felled, nor that which is felled to be carried away; and the Parks and Deer to be preserved until this House gives further Directions herein.

Message from the H. C. about the Ordinance for excluding the Members who have deserted the Houses;

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

1. To desire their Lordships would please to take into serious Consideration the Ordinance concerning the excluding of such Members of both Houses that have deserted the Parliament.

to expedite the One about the Committee of both Kingdoms;

2. To desire Expedition in the Ordinance concerning the regulating the Ordinance concerning (fn. 1) the Committee of both Kingdoms.

with Orders for Concurrence;

3. To desire Concurrence in an Ordinance concerning the Militia of London to be (fn. 2) enabled to send forth Forces under Colonel Browne.

4. To desire Concurrence in an Order concerning maimed Soldiers, to pay Two Hundred Pounds a Week out of the Excise.

Agreed to, with an Alteration.

5. An Order to pay Ten Pounds to Lieutenant Sam. Stringer, wounded before Oxford, to be paid out of Habberdashers Hall. (Here enter it.)

Agreed to.

and with Letters to The United Provinces.

6. To desire Concurrence in divers Letters, to be sent to The States of the United Provinces, and to be signed by the Speakers of both Houses, thanking them for the Collections for the Irish Protestants.

Ordinance for the London Militia to send Forces under Col. Brown.

The Ordinance concerning the Militia of London was read Thrice. (Here enter it.) And it being put to the Question, it was Resolved, To pass as it came from the House of Commons.

Ordered, That this Ordinance be forthwith printed and published.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning the Militia of London, and to the Order for paying Ten Pounds to Lieutenant Stringer: To the rest of this Message, their Lordships will take them into Consideration, and send an Answer by Messengers of their own.

Ordinance for excluding the Members who have deserted the Houses.

Ordered, That the Committee concerning the Ordinance for excluding the Members of both Houses that have deserted the Parliament shall meet presently, to take the drawing up Reasons into Consideration, why this House agrees not with them in the said Ordinance with their Amendments.

Message to the H. C. that the Lords agree to the Order for paying Money to maimed Soldiers.

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

To let them know, that this House agrees with them in the Ordinance for paying Two Hundred Pounds Weekly to the maimed Soldiers, out of the Excise, with an Alteration, wherein their Lordships desire their Concurrence.

Message from thence, with an Ordinance.

A Message was brought from the House of Commons, by Mr. Whitehead and others:

To desire their Lordships Concurrence in an Ordinance concerning the Four associated Counties of Kent, Sussex, Surry, and Hampshire, with as much Expedition as may stand with their Lordships Conveniency.

Ordinance concerning Kent, Sussex, &c.

The said Ordinance was presently read Thrice, and Agreed to, with adding Captain James Temple to the Committee for Sussex.

Lord Chandois's Examination about Lord Conway's giving Intelligence of his Intent to leave Oxford.

The Lords Committees that were appointed to examine the Lord Chandois, concerning the Lord Viscount Conway: "And they have examined the Lord Chandois what Knowledge he hath that my Lord Conway gave Notice in a Letter to the Earl of Dorsett of the Lord Chandois' Intentions to come away from Oxford.

"And the Answer of the Lord Chandois to this Question was, "That, walking in the Garden with the Earls of Lyndsey and of Dorsett, the Earl of Dorsett demanded of him, "Whether he had delivered up his Commission?" The Lord Chandois answered, "He had." The Earl of Dorsett replied, "I hear you are going to the Parliament." He said, "He intended no such Thing." Yes, said the Earl of Dorsett, I hear so from London." The Earl of Lyndsey after told the Lord Chandois, "That my Lord of Dorsett said, he had it from my Lord Conway."

"The Lord Chandois being asked whether he had ever communicated his Purpose of coming away front Oxford to the Lord Conway, or to any that were likely to tell him it; answered, "That he never imparted his Resolution to any at Oxford, or to any other that was likely to inform the Lord Conway of it."

Reasons for not agreeing with the H. C. in the Ordinance for excluding the Members who have deserted the Houses.

The Earl of Northumb. reported, "That the Committee appointed to draw up Reasons why this House doth not agree to the Ordinance for excluding the Members of both Houses that have deserted the Parliament do think it fit to offer to the House of Commons the Reason why this House agrees not to their Alterations, is, because this House hath already admitted the Earl of Holland to sit in this House."

And the House Ordered, To communicate (fn. 3) it at a Conference with the House of Commons.

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

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

To desire a present Conference, in the Painted Chamber, concerning the Ordinance concerning the excluding the Members of both Houses as have deserted the Parliament.

and that the Lords agree to the Ordinance about Kent, Sussex, &c.

2. To let them know, that this House agrees with them in the Ordinance concerning the Four associated Counties of Kent, Sussex, Surry, and Hampshire; with the adding of Captain James Temple to be One of the Committees for Sussex.

Answers from the H. C.

Sir Edward Leech and Dr. Aylett return with this Answer:

That they will send an Answer, by Messengers of their own, to the Alteration concerning the paying of Two Hundred Pounds Weekly to the maimed Soldiers.

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

That they will give a present Conference, in the Painted Chamber, as is desired; and that they agree to the Amendment in the Ordinance concerning the Four associated Counties of Kent, Sussex, Surry, and Hampshire.

(Here enter it.)

Message from thence, about the Order for paying Money to maimed Soldiers.

A Message was brought from the House of Commons, by Mr. Cornelius Holland:

To desire that, at the next Conference, the House of Commons may offer to their Lordships some Reasons concerning the Alteration in the Order concerning the maimed Soldiers.

The Answer returned was;

Answer.

That this House (fn. 4) will hear what Reasons they offer at the next Conference, touching the Order concerning the maimed Soldiers.

The Lords went to the Conference.

Order for 10 l. to Lieutenant Stringer.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Ten Pounds shall be forthwith bestowed upon Lieutenant Sam. Stringer, wounded before Oxford, and sent to London for Cure, and paid out of Haberdash'rs Hall."

Ordinance to continue the Association of the Counties of Kent, Suffex, Surry, and Hampshire.

"The Lords and Commons in Parliament assembled do Ordain and Declare, and be it Ordained and Declared, That the Ordinance, intituled, "An Ordinance for the raising, maintaining, paying, and regulating, of Three Thousand Foot, Twelve Hundred Horse, and Five Hundred Dragoons, to be commanded by Sir Will'm Waller, as Serjeant Major General of the said Forces under his Excellency the Earl of Essex General, and of other Forces raised, or to be raised, in the associated Counties of South'ton, Surrey, Sussex, and Kent, and every Clause, Article, and Thing, therein contained, shall have Continuance for and during the Space of Four Months longer, from the Time of the Expiration of the said Ordinance: And it is hereby further Ordered and Ordained, That the Committee hereafter named, or any Three or more of them, and no other, shall have Power and Authority to put in Execution the said recited Ordinance, and the Ordinance of the 4th of November, 1643, for the associating the said Counties, and all other Ordinances of Parliament for the raising and levying of Money within the said several and respective Counties, which are not yet executed; and shall and may assess, rate, tax, collect, and levy, all and every the Sum and Sums of Money which are yet in Arrear, and not yet rated, assessed, taxed, collected, levied, or paid in, according to the said Ordinances, or any or either of them: And, for the better expediting of the said Service, be it Ordained, by the Authority aforesaid, That the Persons hereafter named, and no other, shall have Power to put in Execution the said Ordinances, any former Ordinance to the contrary thereof notwithstanding; that is to say,

Southampton.

"For the County of South'ton, and the Town and County of South'ton; Sir Henry Worsley, Sir Will'm Lewys, Baronets, Sir Thom. Jervoise Knight, Rob't Wallopp, Rich'd Whithead, Wm. Jephson, John Doddington, Rich'd Norton of Southwick, Rich'd Jervois, John Lisle, John Button, Edw'd Goddard, John Bulkley, Edward Hooper, Rich'd Major, Will'm Pitt, Nich. Love, John Hooke, John Kempe, Will'm Wither, Rich'd Moore, Arth'r Evelyn, John Feild'r, Thomas Bettesworth, Thomas Creswell of Heckfeild, Francis Rivett, Henry Bromfeild, James Tutt, Esquires, Rob't Harwood of Sutton Skotney, Geo. Baynard, Tho. Gayle, Thomas Dowse of Elden, Will'm Wolgar, Will'm Gore, Allex'r Wilson, the Mayor of South'ton for the Time being, Edw'd Exton, George Gallopp, Aldermen, Rob't Wroth and John Kittlewell Gentlemen, Ralph Riggs Alderman of Winchester, and John Elliott of Rugwood.

Surrey.

"Will'm Lord Mounson, Sir Ambrose Browne Baronet, Sir John Maynard Knight of the Bath, Sir Tho. Jervoise, Sir Rich'd Onslow, Sir John Dingley, Sir Will'm Elliott, Sir Mathew Brand, Sir Rob't Parkhurst, Sir Robert Wood, Sir Rob't Gorge, Knights, Thomas Sandys, Nicholas Stoughton, George Farwell, Henry Tonstall, Arth'r Onslow, Robert Goodwyn, Robert Wood, Francis Drake, George Evelyn, John Goodwyn, Rob't Wood, Francis Drake, George Evelyn, John Goodwyn, John Farewell, Edmund Jordan, Thomas Lock, Launcelott Johnson, and John Turner, Esquires, Sackford Gunston, George Wither, Rob't Terrey, Rob't Purse, and Rob't Meade, Gentlemen.

Kent.

"For the County of Kent; Sir Edward Scott, Sir John Honywood, Sir Peter Godfrey, Sir Henry Heyman, Sir Will'm Mann, Sir John Routh, and Sir Thomas Godfree, Knights, Thomas Westroe, Rob't Scott, Lambert Godfree, Thomas Broadnox, Rich'd Browne, John Browne, Sir Edward Monings, Sir Edw'd Boys, Sir Rich'd Hardres, John Boys of Elmington, John Nutt, John Boys of Wingham, Sir Tymothy Thornhill, Sir James Oxenden, Stephen Monings of Dover Senior, Henry Oxenden of Deane, Sir John Roberts, Sir Michael Livesey, Kenrick, Thomas Plumer, John Bix, Humphrey Scott, Captain Curlett, George Duke, Michael Bell, Osborne Junior, Sir John Rivers, Sir John Sidley, Sir Henry Vane Senior, Sir Henry Vane Junior, Augustin Skynner, Sir Humphrey Tufton, Sir Nicholas Miller, Richard Lee, Will'm James, Beale, George Newman, George Hall, John Den, Esquires, Broughton of Maidston, Thomas Syllyard, Thomas Blunt, Esquires, Sir Anthony Weldon, Sir Tho. Walsingham, Ralph Welden, Thomas Franklyn, Twisden, John Baker, Will'm Boothby.

"For Canterbury; the Mayor for the Time (fn. 5) being, Sir Edw'd Mast'rs, Sir Wm. Mann, Alderman Masterson, Thomas Denn Esquire, Recorder.

Sussex.

"For the County of Sussex; Sir Thomas Pelham, Sir Thomas Parker, Sir John Chapman, Antho. Stapeley, Herbert Morley, Laurence Ashburnham, Sir Thomas Ershfeild of Denn, Henry Shelley, John Baker, Hall Ravenscroft, Edward Dowse, Will'm Hay, Rob't Hay, John Busbridge, Harbert Borde, Harbert Springate, Peter Farnden, Thomas Jefferay, Will'm Mitchelborne, Thomas Collins, John Borde, Anthony Crutenden, Anthony Foule, Francis Selwyn, Will'm Newton Senior, Will'm Cawley, Thomas Midleton, John Downes, Edward Apsley, Geo. Oglander, Captain James Temple, Thomas Chase, Ralph Cooper, George Churcher, Peter Bettesworth of Fineing, Esquires, Captain Chitty, Thomas Henshaw, Will'm Freeman, Will'm Marlett, Henry Bridgier, Tho. Greene of Marden, Thomas Millett of Marden, Will'm Cooke, Nicholas Shepheard, John Fagg, Will'm Morley, Rob't Deke, Humphrey Edwards, Henry Nicholson, Arthur Bettesworth, George Greene, Phillipp Jermyn Serjeant at Law, Stephen Humphrey, Nathaniel Studley, Rob't Spence, Roger Gratwick, Ambrosse Trayton, Esquires."

Ordinance for Persons to find Substitutes and Arms for the Militia of London.

"Whereas divers Persons, within the City of London and Parts adjacent, within the Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality, and Hamlets of The Tower, that are not fit to bear Arms in their own Persons, yet are able and fit to find Arms, and pay others for bearing the same, but do neglect and refuse the doing thereof; and whereas divers Papists and other ill-affected Persons do lurk and hide themselves in divers Houses and Places within the Limits aforesaid, that hold Correspondency with, or bring Intelligence from the Enemy, and others that gather together Arms, Ammunition, and other Materials of War, likely to be employed to the Prejudice of the Parliament and City; and whereas, by several Ordinances of Parliament, Power is given to the said Committee for ordering the said Militia within the Limits aforesaid, and drawing out Forces for Service abroad, and that many Things mentioned in the said Ordinances to be put in Execution require the Help and Assistance of more Persons in the Nature of Sub-committees; thereupon Power is given to the said Committee, to make One or more Sub-committees, within the said Limits, as they shall think fit: And, for the better enabling the said Sub-committees so made, or to be made, to perform the Services therein contained, the said Lords and Commons in Parliament assembled do Ordain and Declare, and be it Ordained and Declared, That the said Committee of the Militia of London shall have Power, and are hereby authorized, to impose upon all such Persons as have any Stocks going in Trade within the Limits aforesaid, and absent themselves, or do Personally inhabit or reside with; in the said Limits, to find such Proportion of Arms, and pay such Persons, as have been or shall be appointed to bear the same, as the said Committee shall think fit, not exceeding Three Foot Soldiers for any One Person; and such Person or Persons as shall disobey the Commands and Directions of the said Committee of the Militia herein, the said Committee shall have Power to impose such reasonable Fines upon them as they shall think fit, not exceeding the Sum of Forty Shillings for any One Offence; and, for Want of Payment thereof, to levy the same by Distress and Sale of their Goods and Chattels, or otherwise to imprison their Persons, without Bail or Mainprize, until such Time as they shall conform themselves accordingly; but, in Case such Person or Persons so offending do absent themselves without the said Limits, where the Authority of the said Committee doth not extend, and not a sufficient Value of his or their Goods or Chattels to be found within the said Limits, whereon to levy the said Fines by Distress as aforesaid, that then the Committee for Examinations, upon Complaint made by the Committee of the Militia, or such as they shall appoint, do forthwith grant their Warrants for apprehending of such Person or Persons, wheresoever they shall be, and to commit him or them to Prison, without Bail or Mainprize, until he or they do conform themselves, or to distrain his or their Goods, and bring them to London, and there sell them, to pay the said Fine or Fines; all which Fines are to be employed to such Use and Purpose, and for the Safety and Defence of this City, as the said Committee of the Militia shall think fit and direct: And it is further Ordained, That the said Committee for the Militia shall have Power, and is hereby authorized, by themselves or such as they shall appoint, to search all Houses and Places, within the Limits aforesaid, where the said Committee shall have Cause to suspect that any Papists are, or other Persons that come from any of the King's Quarters, or cannot give a good Account of their Business, or Abode within the Limits aforesaid, or that have or shall discover their Ill-affection to the Parliament; and likewise to search for Arms, Ammunition, and Materials for War, in the Custody of such Persons, and to seize and take away the same, and to commit such Persons to safe Custody, or to expel them out of the Limits aforesaid, if they shall see Cause; and, in Case of Resistance, the said Committee are hereby authorized to command any Constable or Constables to break open any House or Place within the said Limits, where such Resistance shall be made: And it is further Ordained, That the said Sub-committees so appointed, or to be appointed, by the said Committee of the Militia, shall have Power, and are hereby authorized, to cause all or any of the Clauses contained in this or any other of the said Ordinances to be put in due Execution, when and as often as they shall receive Directions from the said Committee for the Militia; and all Constables, Headboroughs, and other Officers and Soldiers, are hereby required to obey and execute such Warrants as they, from Time to Time, shall receive from the said Committee for the Militia, or other Sub-committees, for and concerning the Execution of the same accordingly: Provided, that no Power hereby granted shall be extended against any Peer or Member of either of the Houses of Parliament, or any of the Assistants of the House of Peers; and as well the said Committee, as also their Sub-committees, and all other Persons acting in the Premises according to the Intent of this Ordinance, shall be saved harmless by Authority of both Houses of Parliament: Provided, that this Ordinance shall continue, and be in Force, for the Space of Two Months, to begin from the publishing of this Ordinance, and no longer."

Adjourn.

House adjourned till 9^a, Monday Morning next.