House of Lords Journal Volume 7: 14 May 1645

DIE (fn. 1) Mercurii, 14 die Maii.

PRAYERS.

Ds. Grey de Warke, Speaker.

Roasons for Colonel Davis to be Governor of the Isle of Ely, rather than Colonel Russell.

The Earl of Essex reported from the Committee, the Reasons why this House agrees not with the House of Commons in making Colonel Russell Governor of the Isle of Ely, and recommending Colonel Davies to be Governor there; which being (fn. 1) read, they were approved, and Ordered to be communicated to the House of Commons, at a Conference. (Here enter it.)

State of the Fleet.

The Earl of Warwicke gave this House an Account of the State of the Fleet, which was read as followeth:

(Here enter it.)

Increase of it to be considered.

And Ordered, To be communicated to the House of Commons, at a Conference; and offer to their Consideration the Smallness of this Summer's Fleet; there being more Need now than formerly to send a greater Navy (fn. 2) to Sea, in regard of the Commissions granted by the King to take Ships of Merchants that are affected to the Parliament.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons, to the Message sent Yesterday:

That they will return an Answer by Messengers of their own.

Message to them, for a Conference about the Navy, and the Isle of Ely.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To desire a Conference, in the Painted Chamber, so soon as it may stand with their Conveniency, touching the Isle of Ely and the Navy.

Mrs. Glover to be freed from Assessments, or her Arrears to be paid her.

Upon reading the Petition of Eliz. Glover; shewing,

"That her Husband being slain in the Service of the Parliament, at Tipton, there are many Arrears of Pay due unto him; besides, he was at a great Charge in the raising of his Troop; but, in regard of the great Assessments that lies upon the Estate of the Petitioner, and the not paying of the Arrears, the Petitioner suffers great Want."

It is Ordered, That it be recommended to the House of Commons, that she may either be released from Assessments, or her Arrears paid her.

Sir Theodore Mayherne's Petition, to be ficed from Assessments, as he has received no Salary since the Beginning of the Troubles.

Upon reading the Petition of Sir Theodore De Mayerne Knight; shewing, "That, in the Year of our Lord 1611, he was called and brought out of France, by express Letters, and a Messenger from King James of Blessed Memory, and by His Majesty honoured with the Place of His Chief Physician; (fn. 3) in Consideration whereof, by Covenant, (fn. 4) His Majesty did give and assign unto the Petitioner, Yearly, to the Value of One Thousand Pounds Sterling, or thereabouts, besides a Diet of Five Dishes, with all the Dependences of it; and lastly, an Exemption of all Subsidies and other Impositions whatsoever; all which Articles have been confirmed by His Majesty now reigning, at His first coming to the Crown, by Letters Patents under the Great Seal of England: The Petitioner hath peaceably enjoyed all the said Grants and Concessions until the Beginning of these Troubles; since which Distractions, he hath received nothing of his Annuities these Three Years and a Half, except the Diet, which he hath enjoyed during his painful and continual Service about the Young Princes here abiding, the Care of whose Health hath been altogether in his Charge. In the Progress of this present War, both the Houses, being moved in the Petitioner's Behalf, did grant unto him Two Orders, to exempt him from all Charges and Taxations; the said Orders of the 6th and 15th of September, 1643, made severally, and thought verily by the Petitioner to be equivalent to an Ordinance: Some few Days past, the House of Commons was pleased to retract and revoke their Order; upon which the Petitioner, being referred to the Committee of Lords and Commons sitting at Haberdashers Hall, hath been taxed for the Twentieth Part of his Goods at One Thousand Pounds, with an Injunction to pay in ready Money the Moiety of this Sum the 19th of this Month.

"Now the Petitioner desires, that, the Five Hundred Pounds for the Moiety of his Assessment being paid (as it shall be at the Day appointed), for the Remnant, either to acquit him, or to assign the Payment of it upon the Sum due unto him for his Wages in the Court of Wards, from whence, according to his Patent, he is used to receive them: And, 1. Concerning his Annuities past and unpaid, and those that are to come: 2. The enjoying of his Diet in his continual Service: 3. The Restoration and Confirmation of his Exemption from all Taxes by an Ordinance of both Houses of Parliament: That so he and his Family may be able to subsist in this Kingdom, in the Exercise of his Charge about the Royal Children, as also of his Profession otherwise."

To be recommended to the H. C.

Hereupon it is Ordered, That this Petition be sent down to the House of Commons, with a special Recommendation.

And the Earl of Northumb. Earl of Manchester, and the Lord Viscount Say & Seale, and the Lord Howard, were appointed to draw up somewhat they think fit, to offer to the House of Commons, concerning the same.

Manning, a Pass.

Ordered, That Ric'd Manning shall have a Pass, to go to Woodstocke, and return to London.

Countess of Sussex's Fishery at Burnham, alias Wallsleet.

Ordered, That the Persons sent for up for disturbing the quiet Possession of the Countess of Sussex shall be brought to this Bar on Friday Morning next; and then the Business shall be heard.

Message from the H. C. with Officers Names;

A Message was brought from the House of Commons, by Sir Robert Pye Knight, &c.

To desire their Lordships Concurrence in several Things brought up by him:

"Resolved, That Captain Wm. Colmore shall have the Command of that Regiment of Horse which was Colonel Purefoye's, and shall be Colonel thereof."

Agreed to.

"Resolved, That the whole Matter of the Report concerning Lieutenant Colonel Cockaine's being Governor of Newport Pagnell, be re-committed, together with the Letter from the Committee of Aylesbury, of April 21, 1645, to be examined."

Agreed to.

with Instruction for the Muster-masters;

Rules and Instructions to the Muster-masters of the Army. (Here to be entered.)

Agreed.

with an Ordinance to prevent prest Men from deserting;

Ordinance from the House of Commons, for punishing such listed and imprested Soldiers as run from their Colours.

1^a & 2^a vice lecta, and committed to the Committee of the whole House, to be taken into Consideration Tomorrow Morning; and the Judges to be present.

and with Instructions for the Army Commissioners.

Instructions to the Commissioners that are to reside in the Army.

The Answer returned was:

Answer.

That to the Ordinance concerning the Soldiers impressed that run away, and to the Ordinance concerning Instructions to the Committee that reside in the Army, their Lordships will send an Answer by Messengers of their own: To all the rest of the Particulars of this Message, their Lordships do agree to them.

Allowance for Lady Fairfax and her Children.

Ordered, That it be recommended to the House of Commons, that some Maintenance may be allowed to the Lady and Children of Sir Wm. Fairefax, to supply them in their present pressing Necessities; he being killed in the Service of the Parliament.

Ordinance for the Courts of Law to sit on Days, not formerly Juridical.

Ordered, That the Earl of Manchester, Lord Viscount Say and Seale, Lord Wharton, and Lord North, do prepare an Ordinance, and present the same to this House, for ordering the Courts of Westm. Hall to sit on Assention-day, and other Days, (fn. 5) which anciently have not been Juridical Days, and Mr. Serjeant Whitfield is to attend their Lordships.

Message from the H. C. with Orders; and with Letters concerning Taunton.

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

1. To acquaint their Lordships with Two Letters, concerning the Relief of the Town of Taunton.

(Here enter them.)

2. An Order concerning Colonel Samuell Jones.

(Here enter it.)

Agreed to.

3. An Order concerning the Lady Joane Drake.

(Here enter it.)

Agreed to.

4. Votes concerning paying of One Thousand Pounds to Colonel Fiennes. (Here enter it.)

Agreed to.

Petition of Seamen and others.

The humble Petition of divers Seamen, Masters of Ships and Barques, whose Names are subscribed, (fn. 6) directed to both Houses.

Ordered, To be sent to the House of Commons.

Baldwin's Petition, for an Employment.

The humble Petition of Baldwine; desiring to be put into some Place of Employment, having done much Service for the State.

Which this House approved of.

The Earl of Northumb. reported from the Committee, as followeth:

Declaration to be sent to the H. C. in Behalf of Sir Theodore Mayerne.

"The Lords having formerly, out of their Respect unto Sir Theodore Mayerne, declared their Wishes that he might continue (as he hath done for many Years) (fn. 7) free from all Taxes and Cessments, do now desire, that a Man so eminent in his Profession, and so useful to very many Persons in this Kingdom, may receive all Encouragements to reside still here amongst us, he being contented to pay the Moiety assessed upon him; the Remainder, which is required, can be of no great Advantage unto the Parliament; nor will those Cessments which may for the future be expected from him assist much towards the carrying on of the War; yet he is willing that his Land should continue liable to all Taxes, as hitherto it hath done: The Lords desire that the House of Commons would join with them, in expressing their Esteem of a Man, whose extraordinary Abilities would make him welcome in any Part of Christendom; and, as he is singular for his Knowledge in his Profession, so he may be singular in being (by the Favour of the Houses) exempted from all Payments which others are subject unto; it being but a Continuation of that Favour which he hath here enjoyed for above Thirty Years without Interruption."

Ordered, That this House approves of this Report; and that the same be recommended to the House of Commons by next Message.

Reasons for preferring Colonel Davis to Colonel Russell, to be Governor of the Isle of Ely.

"The Lords do concur in their Opinions with the House of Commons, that there shall be a Committee appointed by both Houses, to order the Militia of the Isle of Ely, and to which the Governor (who shall be agreed upon) shall be subordinate; but concerning their Choice of Colonel Russell to be Governor of that Island, their Lordships cannot give their Consents; but, instead of him, do earnestly recommend to them Colonel Davis, and for these Reasons:

"1. Because, that being a Place of high Concernment, both for the Advantage of Situation in its own Strength and natural Defence, and for being surrounded with those Counties which afford us our greatest Subsistence, it will be necessary to place a Soldier of known Abilities, Fidelity, and Experience, in a Command of such Importance, as may carry with it the Preservation even of the Parliament and of the Cause, rather than a Gentleman of the Country, who is young in Years, and hath not had that Experience in Military Affairs, which may make him fit to be intrusted with the keeping of a Place of so high Consequence in a Time of so great Danger.

"2. There being great Factions and Divisions amongst the Gentry and Inhabitants of that Island (though all may be of good Affections to the Parliament, but differing in Opinions in Point of Church Government, which may make them differ amongst themselves in Affection, and thereby hinder the Progress of Public Affairs); it will (fn. 8) conduce more to the quieting and settling of all Divisions, to place a Soldier and a Stranger there, and One not engaged in their several Interests, and free from all Faction, than to intrust some of the Gentlemen of the Island as a Committee with the directive Part, and put the Power of the Military into the Hands of another Gentleman of those Parts, so to endanger the fomenting those Differences and Disorders which in most Parts of the Kingdom have chiefly retarded the good Success of our Armies.

"3. Both Houses being pre-engaged for Colonel Davis' Preferment, and the House of Peers more particularly for that Employment, to which their Lordships formerly recommended him to the Committee of Lords and Commons appointed for the nominating of Officers; their Lordships are so well informed of the Worth and Ability of that Gentleman, and of the great Service he hath done the Parliament in some eminent Occasions, with the Loss of his Blood, and of One of his Limbs, that they are so far from receding from their former Opinions and Choice of him, as, for these Considerations, they do the more seriously insist upon their former Resolutions, and desire the Concurrence of the House of Commons, that Colonel Davis may be Governor of that Island."

State of the Fleet; and their Designation.

"My Lords,

"In Obedience to your Lordships Command received Yesterday; I do present unto you, State of the Fleet now at Sea, as followeth:

"The Number of Ships and Vessels provided for this Summer's Expedition (besides Six for Guard of the Fishermen and Colliers) are Forty-nine, (fn. 9) whereof about Ten are small Vessels, and of them some of little other Use but as Packet Boats.

"Which Ships and Vessels are thus to be disposed; videlicet,

"So there will rest 13:

"Upon which the Performances of the Services will necessarily depend:

"The Attendance of the Enemies Ports in the West and North of England.

"The appointing of Ships to lie before Ostend, Donkirke, Newport, St. Mallo, &c. to intercept Ammunition, &c.

"The Encouragement and relieving the Parliament's Ports.

"The plying at Sea, from the North of England to The Land's End Westward.

"The preventing and resisting of Affronts, for maintaining the Sovereignty of the Seas.

"And considering the daily and great Losses of Our Merchants by Sea;

"The Number of Ships employed against the Parliament, under the Pretence of His Majesty's Commission;

"The further Preparation of Shipping in Holland, Ostend, and other Parts of Flaund'rs, to infest the Trade of this Kingdom;

"And that, if the Enemy continue to disturb the Trade of the Kingdom, and seize our Ships, the Enemy will be thereby furnished with a very considerable Fleet from ourselves;

"The Customs and Excise (whereby the Preparations both by Sea and Land are maintained) will be much withdrawn;

"The Merchants will be impoverished in their Estates, and discouraged in their Trade;

"The Mariners will be partly necessitated through Want of Employment here, partly encouraged by the Profitableness of Employment elsewhere, to betake themselves to Foreign Services:

"1 shall be bold, therefore, humbly to offer to Consideration, whether the Public Service of the Kingdom will not suffer, if a greater Number of Ships be not provided and set forth."

Letter from Sir T. Fairfax, concerning the Relief of Taunton.

"For the Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons.

"Mr. Speaker,

"I have sent you here inclosed Colonel Welden's Letter, shewing God's Goodness, in the seasonable Relief of Taunton; and I hear the Enemy hath sent Part of their Force to Bridgewater, and Part to Exeter. We have had a continual March this Fourteen Days; the Extremity of Heat and Length of Way hath much wearied the Soldiers, and worn out their Shoes, which I desire may be supplied with all Speed. This, with some little Rest, will make these Men willing, and very ready, to obey any Command they shall have to do Service. I shall, for the present, refer you to this inclosed, and so remain

"SIR,

Whit Church, 13, at 12 a Clock at Night.

"Your affectionate Friend, and humble Servant,

"Tho. Fairefax."

Letter from Colonel Weldon to Sir T. Fairfax, that he had relieved Taun-

"To the Right Honourable Sir. Tho. Fairefax, Commander in Chief of the Army raised for the Defence of King and Parliament. Present.

"Right Honourable,

"According to your Command, I shall give you an Account of the good Success wherewith God hath blessed this Party hitherto. We have marched very hard, lost no Time, and this Sunday the 11th came before Taunton, where Ten of ours fell on a Hundred of theirs, and killed and took some of them; and they could not believe but we were my Lord Goreing's Forces. We were within Four Miles of the Town before they would believe we were come; and then, about Four of the Clock in the Afternoon, they confusedly run every Way. God's Goodness appeared very much to this poor Town. We came in the very Point of Time; their Ammunition was all spent, very much of the Town burnt, the Town extremely well defended, many Times entered by Storm, and beaten out again. They have Two Hundred hurt Men in the Town. It must now be our Part to consider how to subsist. The barbarous Enemy hath almost unpeopled the Country since I came hence, in Six Weeks Time; a wonderful Change, scarce a Man to be seen in a Village: I shall in all Humility acquaint your Honour, that I hear my Regiment is designed for the West. I humbly entreat, if it be possible, I may wait on your Honour in your Army; which if your Honour shall please to grant, it will much oblige

Pitmister, May the 11th.

"Your most humble Servant,

"Ralph Weldon."

Order for Monies due to Colonel Jones.

"It is Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do pay unto Colonel Samuell Jones all such Monies as shall appear to be due unto him, upon the making of his Accompts, for Arms furnished by him to the State, in its Course, next after the Assignments already made upon that Committee be first satisfied."

Order for Monies to Ly Joan and Sir F. Drake, Ly Strode and Sir W. Lister, for their Support.

"Upon Information by some Members of the House, That the Lady Joane Drake and Sir Francis Drake were in very great Wants, and that their Estates had been utterly ruined for their Affections to the Parliament; it is thereupon Ordered, That Two Hundred Pounds shall be charged upon Habberdashers Hall, and forthwith paid to the Lady Joane Drake and to Sir Francis Drake, to each of them One Hundred Pounds, for their present Support: And, upon a like Information of the Necessities and Losses of Sir Richard Strode's Lady, and Sir William Lister; it is further Ordered, That two Hundred Pounds more be charged upon Habberdashers Hall, to be forthwith paid to the said Lady Stroad and Sir William Lister, to each of them One Hundred Pounds, for the present Support and Maintenance of them and their Families respectively; and that the Hundred Pounds appointed for the said Lady Stroad be paid to Mr. Denis Bond, for the Use of the said Lady Stroad."

1000 l. to Col. Fiennes's Regiment.

"Resolved, &c. That One Thousand Pounds shall be forthwith provided, for a Fortnight's Pay, upon Accompt, for Colonel Fienne's Regiment.

"Resolved, &c. That this Thousand Pounds shall be charged upon the Excise, to be paid after all other Assignments there shall be first satisfied."

"Rules and Instructions to the Muster-masters of the Army.

Instructions for the Muster-masters.

"1. That the Commissaries of the Musters do attend the Commander in Chief, for his Warrant to muster, he being to assign the Time and Place; and that the whole Army be mustered in One Day (if possible); and the Officers and Soldiers are hereby required to appear in their Arms.

"2. That the Commissary, at every Muster, call over each Company, or Troop, by the Rolls of the former Muster, and note how many Officers or Soldiers be dead, absent, or recruited, since the last Musster; and, betwixt every Muster, view the Persons recruited before he enter and be admitted into the new List; after which, at every Muster, the Commissary is to certify upon the Roll the Day whereon such Recruits were entered, to the Treasurer of the Army, who is hereby required to pay those Recruits according to the Time they have been upon Duty, for no longer Time than from their Entertainment into the Service.

"3. That Musters be made Once a Month at the least before Payments be made, if it may be done without Prejudice to the Designs of the Army; and that the Muster-masters of Horse and Foot, at the Request of the Commissioners or any of them (or, in Default thereof, such Persons as the Commissioners shall appoint), shall cause any particular Regiment, Troop, or Company, the Train, or any Part thereof, to be viewed and mustered at such Time and Place as the Commissioners by Consent of the Commander in Chief shall think most convenient; and the Commissaries of the Musters and their Deputies are to admit no Soldier upon the Muster, but such as shall appear upon the Place before the Beginning of any general Muster, in case he be absent through his own Neglect, or not attested for in such Manner as is hereafter expressed; (videlicet,)

"That the Physician, the Apothecary of the Army, and the Chirurgeon of the Regiment or Train, or any One of them, do give Attestation of all such sick or wounded Soldiers as lie within the Quarters of the Army; the Minister and Constable of the Parish for such as are sick, wounded, or absent upon Service, without the Quarters; which absent Soldiers from their Quarters the Commissaries of the Musters shall continue in their Rolls, and certify them every Muster to the Treasurer, and the Treasurer to reserve their several Pays till such Time as the Parties themselves return to the Army, or otherwise can receive their own Money, in such a Way as (upon Certificate thereof made) the Commander in Chief shall approve of: The Muster-masters are hereby commanded, that the Attestations after (fn. 11) any general or particular Muster be limited to the Third Day; and the Attestations to be certified, under the Hands of the Persons attesting, upon the Roll of every Company or Troop so mustered, or in some Sheet fairly written and annexed to the said Roll.

"4. That the Commissaries take Care, that no Captain or other superior Officer be absent from the Army, without Licence of the Commander in Chief; nor any other inferior Officer or Soldier, without Licence of his Colonel, or next Officer commanding the Regiment; nor any Officer, Soldier, or Persons belonging to the Train, without Licence of the Lieutenant General of the Ordnance; which Licences, and every of them, are to express and limit a reasonable Time for the Return of such Officer or other Persons (so licensed) to the Army, and subscribed by the respective Officers authorized as aforesaid, and after entered with the respective Muster-masters; who is hereby required, that every such Officer, Soldier, or other Person, as shall be so absent, or beyond the Time allowed him, shall not pass the Muster during such Absence, but shall forfeit his Pay, and be further punished at the Discretion of the Commander in Chief.

"5. That every Captain, Lieutenant, or Ensign, of every Troop or Company, shall, Once in every Six Days, give Notice in Writing, under One of their Hands, to the respective Muster-masters, of the Name and Surname of every Officer or Soldier of the Troop or Company, that shall absent himself from his Colours, for any Time, and how long, between Muster and Muster, without such Attestation or Licence as aforesaid; and if, upon due Proof to the Commissioners for the Army, it appears that the Captain, Lieutenant, and Ensign, or Cornet, do wilfully neglect or refuse to certify such absent Officers or Soldiers within the Time aforesaid, that then the Captain, Lieutenant, Ensign, or Cornet, shall each of them forfeit a Day's Pay, to be chequed out of their next Pay; which said Forfeitures shall be disposed of by the Commissioners, and distributed by the Muster-masters to the inferior Officers or Soldiers of such Troop or Company, or such other as shall give true Information of false Musters, Neglects, or Absence, as aforesaid.

"6. That, at every Muster, the Muster-masters shall take special Notice of defective Horse and Arms, and to represent them duly to the Commissioners aforesaid, who are hereby authorized to dispose of such unserviceable Horses and unfixed Arms, for the best Advantage of the Public Service.

"7. That every Captain, Lieutenant, Cornet, and other Officers of Horse, shall muster such spare and led Horses as are allowed him upon the List; and no Officer shall have Pay for any more spare or led Horses than he shall muster, from Time to Time, over and besides his Troop; nor any Trooper, that is unmounted at any Muster, shall be allowed more than Twelve Pence per Diem for so long as he remains unmounted.

"8. That the Muster-master, nor any of his Deputies or Agents employed under him, shall, directly or indirectly, take any Reward or Gratuity, for mustering, or making up of the Rolls of the Muster, upon Pain of severe Punishment, to be inflicted by Parliament, or by a Council of War.

"All which Rules and Instructions the Muster-masters are enjoined to observe; and the Commissioners for the Army are hereby authorized and required to supervise, and to the utmost of their Abilities see performed."