House of Lords Journal Volume 7: 28 February 1645

DIE Veneris, 28 die Februarii.

PRAYERS, by Mr. Sterry.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Mr. Page and Mr. Dr. Heath return with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinances concerning pressing of Soldiers for Sir Tho. Fairefaix' Army; and for securing the Papists, &c. (Here enter them.) But concerning the Ordinance for Martial Law at Sea, they will send an Answer by Messengers of their own.

Next, a Letter was read, as followeth:

Letter from Ld. Roberts, that he had drove the Enemy from their Works near Plymouth:

"To the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore.

"My Lord,

"On Monday Night, the Enemy came to Mount Stamford, to re-build that Work, which by the Morning they had brought to some Fashion. We plied them all the Morning with our Cannon from Mount Batten in the Front, and with our Ships and another Work we had on both Flanks; and having drawn out the Forces of the Garrison to alarm them on One Side, I commanded Three Troops of Horse, Two Bodies of Seamen, and some Companies of Foot, to fall on them at Mount Stamford, wherein it pleased God to give us that Success, as we not only beat the Enemy out of their new Work, but routed them, and drove them out of the Field, killed divers, took many Prisoners, a List whereof I herewith send your Lordship. In all this, we had but One Man slain. In this Action, the Seamen did very considerable Service, whose Ships of War I have for the present Necessity stayed here. All the Sea Captains behaved themselves stoutly; and Captain Thomas, of the Warwicke Frigate, was eminent in it. I desire your Lordship to take Notice of it to him, and the rest. Grenvill raises all the Power; wherefore I desire that due and timely Care may be had of this Place, according to the Importance of it, which I desire your Lordship to acquaint our House, from

"Your Lordship's humble Servant,

Plymouth, the 20th of February, 1644.

"J. Roberts."

"A List of the Prisoners taken at Mount Stamford, February 18, 1644.

List of Prisoners taken there.

Mr. Pym to he freed from his Father's Debts.

It was moved, in regard the Houses of Parliament have Resolved to pay the Debts of John Pym Esquire, deceased, for his good Service done to the Public, "That Alexander Pym Esquire, his Eldest Son, may be freed from all Arrests and Suits, for any Debts of his Father."

Hereupon this House held it fit, and Ordered, That an Ordinance to this Effect be drawn up; and the Concurrence of the House of Commons to be desired therein.

Sir R. Mansell and Harris, & al.

Ordered, That this House will hear the Cause, upon the whole Matter, between Sir Robert Mansell and Harris, and other the Defendants, at this Bar, by Counsel on both Sides, on the 17th Day of April next, at which Time all Parties with their Witnesses are to attend.

Seamen at Plymouth, the Thanks of the House.

Ordered, That the Lord Admiral do return Thanks, from this House, to the Seamen, for their good Service done at Plymouth, mentioned in the Lord Roberts' Letter.

Capt. White's Petition, for his Arrears.

Upon reading the Petition of Captain Wm. White; shewing, "That he is a Captain of a Foot Company, under the Command of the Earl of Stamford, and is Twenty-four Months Pay in Arrears, besides the Charge of the raising of a Company of One Hundred Men; his humble Desire is, That some Order may be taken, for Supply of his pressing Occasions."

It is Ordered, To send this Petition to the House of Commons, by the next Message, with Recommendations.

Ordinance for impressing Soldiers, for Sir Tho. Fairfax's Army.

"Forasmuch as the true Protestant Religion, the Laws and Liberties of the Subjects, and the Parliament, are in Danger to be subverted, Idolatry and Tyranny like to be introduced, by the Force and Power of several Armies, raised by Pretence of the King's Authority, consisting of Papists and other dangerous and ill-affected Persons of this Kingdom, and Irish Rebels, and of divers Popish Soldiers, and others of Foreign Kingdoms and Nations, being not under the King's Obedience, for the Ruin and Destruction of this Kingdom, unless the same be prevented by a considerable Power of Forces to be suddenly raised by both Houses of Parliament, being, with God's Blessing and Assistance, the most probable Way to preserve this Kingdom, our Religion and Liberty: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That the Committee of the Militia for the City of London, the Deputy Lieutenants and Committees of Parliament, in every County, City, or Place, within this Realm, or any Two or more of them, within their several Limits and Jurisdictions, shall and are hereby authorized, and are hereby required and enjoined, from Time to Time, to raise, levy, and imprest, such Number of Soldiers, Gunners, and Chirurgeons, for the Defence of the King, Parliament, and Kingdom, as shall be appointed by both Houses of Parliament, by the Committee of both Kingdoms, or by Sir Thomas Fairefax; and to command all Constables, and other Officers, to be aiding and assisting to them in the said Service of Impresting; all which Persons so to be imprested, and every of them, shall have such Imprest-money, Coat and Conduct-money, Wages, and Entertainment, and other necessary Charges and Allowances, as shall be fit and convenient, according to the Discretion of the Committees and Deputy Lieutenants, or any Two or more of them respectively; and if any Person or Persons shall wilfully refuse so to be imprested for the said Service, that then it shall and may be lawful to and for the said Persons, so authorized as aforesaid, to commit them to Prison, until they shall yield Obedience, or pay the Sum of Ten Pounds to the said Commissioners, or Deputy Lieutenants, to be employed for the Supply of the said Service.

"Provided always, That this Ordinance shall not extend to the pressing of any Clergyman, Scholar, or Student, in any the Universities, Inns of Court, or Chancery, or Houses of Law; or any the Trained Bands, in any County, City, or Place; or of any Person rated in the last Subsidies granted by Parliament, or the Son of any Person rated at Five Pounds Goods, or Three Pounds Lands, in the Subsidy-books; or of any Person of the Rank or Degree of an Esquire or upwards, or the Son of any such Person, or the Son of the Widow of any such Person; or to the pressing of any Person under the Age of Eighteen, or above the Age of Fifty; or of the Members or Officers of either House of Parliament, or of the menial Servants of the Peers of the Kingdom, or Officers of either of the said Houses, or any the Assistants or Attendants of the Lords House, or any of their menial Servants; or any of the Inhabitants of the Isle of Wight, or Cinque Ports; or of any Mariner, Seaman, Waterman, or Fisherman; or any Officer employed in the Office of Excise, or in the Office of Customs of Tonnage or Poundage.

"Provided, That this Ordinance shall continue, and be in Force, for the Space of Nine Months, from the Date hereof, and no longer."

Ordinance to authorize the Committee of the Militia to compel Persons to find Arms, raise Horse, and search for Papists.

"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 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 within 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, or any of 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 of Lords and Commons for Sequestrations; 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, for the Safety and Defence of the 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, for whom they shall be accountable, there being One of the said Committee of the Militia present, 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 Committees 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 Subcommittee 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.

"And it is further Ordered and Ordained, by the said Lords and Commons in Parliament assembled, That the said Committee for the Militia of London shall have Power to charge such Inhabitants, within the Lines of Communication and Bills of Mortality, as they shall esteem able, to find Horses with Riders and Furniture, at their proper Charge, for the Defence of the City and Parts adjacent, so as no One Person shall be charged for the raising and maintaining of more than Two Horses.

"Provided, That no Power hereby granted shall be extended against any Peer of this Kingdom, or Member of either of the Houses of Parliament, or any of the Assistants of the House of Peers, or Attendants of the House of Peers or Commons; and as well the said Committee, as also their said 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 Eight Months, to begin from the publishing of this Ordinance, and no longer."

Adjourn.

House adjourned till 9^a cras.