House of Lords Journal Volume 7: 28 October 1645

DIE Martis, 28 die Octobris.

PRAYERS, by Mr. Hill.

Ds. Grey de Warke, Speaker.

Answer from H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree in the Ordinance concerning the poor Widows, and in the Ordinance concerning the Town of Leycester with the Alterations. (Here enter them.)

Message from thence, with Ordinances.

A Message was brought up from the House of Commons, by Sir Walter Earle Knight;

To desire their Lordships Concurrence in these Particulars:

1. An Ordinance concerning such Persons as come in from the King's Quarters.

Read Twice, and committed to a Committee of the whole House.

2. An Ordinance for the Payment of the Interest for Nineteen Hundred Pounds to the Executors of Nic. Chomley, by the Committee at Haberdashers Hall.

(Here enter it.)

Read, and Agreed to.

3. An Ordinance concerning the College of Westm.

4. An Ordinance for continuing the Ordinance to the Isle of Wight for Six Months. (Here enter it.)

Agreed to.

5. An Ordinance for Colonel Morgan to be Commander in Chief of the Forces in Gloucestershire.

Agreed to, with the Addition of these Words ["reserving to Sir Thomas Fairefax all Powers formerly granted him"].

6. A Vote for Sir Trevor Williams to be Governor of Monmouth. (Here enter it.)

Agreed to.

7. An Ordinance concerning Will. Penns.

Read Once.

8. An Ordinance concerning Captain Hazard, and for Relief of the Widow Bridges and Ten Children.

(Here enter it.)

Agreed to.

9. An Ordinance for the Government of the City of Bristoll. (Here enter it.)

Read Thrice, and Agreed to.

10. An Order to pay Six Hundred Pounds to Mr. Browne, by the Committee at Haberdashers Hall.

(Here enter it.)

Agreed to.

Ordinance concerning Westminster College.

The Ordinance concerning the College of Westm. was read Twice, and committed to these Lords following, to consider of it, and report the same to this House:

Any Five, to meet on Thursday Morning next.

The Answer returned was:

Answer to the H. C.

That this House agrees to the Orders and Ordinances now brought; videlicet, concerning the City of Bristoll, the Executors of Mr. Chomely, Sir Trevor Williams, Captain Hazard, Mr. Browne, Isle of Wight: To all the rest of the Particulars, this House will send an Answer by Messengers of their own.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms a Paper, as follows:

"Die Lunæ, 27 October, 1645.

"At the Committee of both Kingdoms, at Darby (fn. 1) House.

Paper from the Committee of both Kingdoms, for Sir John Henderson to carry back to Denmark the Letters he brought for the King, and for an Agent to be sent there.

"Ordered, That it be reported to both Houses, That whereas the Houses have ordered, that Sir John Henderson, who brought Letters from the King of Denmarke, should return back from hence within Fourteen Days; that it is the Opinion of this Committee, That he should carry back with him those Letters he hath brought for the King of England; and that the House will please to send an Agent into Denmarke, who may be there as soon as Sir John Henderson, who may carry both Copies of the former Letters from the Houses to that King, and other Letters if there be Occasion, who may also endeavour to keep a good Correspondency between the Two Crowns."

Writs of Summons for the new Judges as Assistants.

Ordered, That the Clerk of the Crown do prepare Writs, which are to be passed by the Commissioners of the Great Seal, for calling Judge Rolls, Judge Pheasant, and Mr. Baron Atkins, to be Assistants to this House.

Message to the H. C. for Col. Barrow to be Governor of Berkley Castle.

Ordered, That the Concurrence of the House of Commons be desired, that the Committee of both Kingdoms may have Power to grant a Commission to Colonel Berrowe, to be Governor of Barckley Castle, according to the Order of both Houses appointing him thereunto.

And accordingly a Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath.

Finch, a Pass to France.

Ordered, That Mr. John Fynch shall have a Pass, to go into France, with a Horse, Two Geldings, and Two Servants.

The Earl of Northumb. reported a Paper from the Committee for the Admiralty; which was read, as follows:

"Die Sabbati, 25 Octobris, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Middleton complains that a Prohibition is solicited at Common Law, to stop the Proceedings in a Suit he has commenced in the Admiralty Court.

"Whereas this Committee is given to understand, by the Petition of Thomas Middleton Mariner, that a Prohibition is solicited at Common Law, to stay the Proceedings of a Suit already commenced in the Court of Admiralty; which is represented to this Committee as a great Grievance, and an Intrenchment upon the Jurisdiction of that Court, and that such Obstructions tend to the Discouragement of the Mariner, and Prejudice (fn. 2) of Navigation and Trade; Ordered, That it be recommended to both Houses of Parliament, to appoint certain Members of either House, to be a Committee of Lords and Commons, to consider of the said Petition, and the Jurisdiction of the said Court of Admiralty, and Intrenchments thereupon, to settle and determine the same as they in their Wisdoms shall think fit; as also that, in the Interim, Order may be given for Stay of the said Prohibition, and likewise of all further Proceedings in the Admiralty in the said Suit, till the said Jurisdiction be decided."

Order for Payment of Interest of 1900l. to the Executors of Nicholas Cholmley, lent by him to the Parliament.

"Whereas Nicholas Cholmley Esquire lent the Sum of Nineteen Hundred Pounds, for the especial Service of the Parliament; the same nor any Part thereof having been since satisfied, nor any Interest for the Forbearance thereof; and the said Mr. Cholmley being deceased, and his Executors in great Want thereof; yet, considering the present Necessities of the State, doth humbly pray, that at least the Interest thereof may be paid: It is thereupon Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for Advance of Monies, sitting at Habberdashers Hall, do satisfy and pay unto the Executors of the said Mr. Cholmely the full Interest for the Forbearance of the said Nineteen Hundred Pounds, after the Rate of Eight Pounds per Cent. unless it can be made appear that any Part of Principal or Interest hath been already satisfied."

Ordinance to amend the One for the Relief of Officers &c. Widows.

"Whereas an Ordinance is passed, dated the 18th of October Instant, That One Thousand Pounds be paid, for the Relief of some Officers, Soldiers Wives and Widows, as are named and appointed to receive Monies in an Ordinance bearing Date the 9th of December, 1644: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Tenor of that Ordinance shall extend as well to Gouldsmiths Hall as Habberdashers Hall; any Thing therein contained notwithstanding."

Ordinance to continue the One for Relief of the Isle of Wight.

"The Lords and Commons assembled in Parliament do Declare and Ordain, That the Ordinance bearing Date the 15th Day of July, 1644, concerning the Safety of the Isle of Wight, in the County of South'ton, shall have Continuance for and during the Space of Six Months from the First of November next, and no longer.

Sir Trevor Williams to be Governor of Monmouth Castle.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Trevor Williams be continued Governor of Monmouth Castle; and that the Members of both Houses, that are of the Committee of both Kingdoms, do grant him a Commission accordingly."

Order for 500l. between Capt. Hazard and the Widow Bridges and Ten Children.

"Whereas, upon Information given by Captain Henry Hazard, that he hath discovered the Estate of Delinquents and Papists not yet sequestered before the Lords and Commons at Habberdashers Hall, or discovered: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, upon Proof of the Delinquency of the said Persons, and of the Estate belonging to them, the said Captain Hazard shall have the One Half towards the Payment of his Arrears, and the Remainder thereof to be employed by the Committee of the West, for the Relief of the Widow of Henry Bridges and his Ten Children, he dying in the Parliament's Service: Provided, That the whole doth not exceed the Sum of Five Hundred Pounds; and that Forty Pounds be advanced, upon the Credit of this Order, for the present Support of the said Widow and her Children in the mean Time, by the Committee of Habberdashers Hall."

"An Ordinance of the Lords and Commons for the better Securing and Government of the City of Bristoll.

Ordinance for the Government and Security of Bristol.

"Forasmuch as Francis Creswicke Mayor, Humfry Hooke, Richard Longe, Ezekiell Wallis, Alexander James, Thomas Colston, William Fitz Herbert, Henry Creswicke, William Colston, Nathaniell Cale, William Bevan, Richard Grigson, and John Elridge, Aldermen, and Members of the Common Council of the City of Bristoll, have (as both Houses of Parliament are credibly informed by divers well-affected Persons of the said City) become very much disaffected to the Proceedings of Parliament, and forward and active to promote the Designs of the Enemy, so as their Continuance in the Magistracy, Government, and Common Council of the City (of so great Concernment to the whole Kingdom) will be altogether inconsistent with the Safety and Welfare thereof in these Times of War and Danger: It is therefore Ordained, That the said Francis Creswick, Humfrey Hooke, Richard Longe, Ezeckiell Wallis, Alexander James, Thomas Colston, William Fitz Herbert, Henry Creswick, William Coleston, Nathaniell Cale, William Bevan, Richard Gregson, and John Ellridge, be forthwith suspended from their respective Places of Aldermen and Members of the Common Council of the said City; and that the Committee of Parliament for the City of Bristoll, appointed by this or any other former Ordinance, do speedily and effectually proceed to the Examination of their several Delinquencies, and return the Proofs of their Delinquencies, proved by sufficient Testimonies upon Oath, to the Parliament, to the End the Parliament may proceed to further Judgement: And they do further Ordain, Nominate, and Appoint, John Ganning Mayor of the City of Bristoll, to all Intents and Purposes, in the Room and Place of the above mentioned Francis Creswick; hereby enjoining and requiring the Sheriffs of the said City, presently after such Proof of Delinquency as aforesaid, to summon the rest of the Aldermen and Common Council Men of the said City, or such others, which, by and according to the Charters of the same, ought to be present, to meet, within Two Days after the said Summons, at their usual Place, and then and there to give unto the said John Ganning, according to the ancient Custom, the Oath usually taken by him which is chosen Mayor of the said City, and to elect so many other Persons, Freemen of the said City, well-affected to the Parliament, as will complete the Number of those Persons above mentioned, which shall be so disabled and removed as aforesaid; and that no Person for the Time to come shall be elected into any of those Places, whose Person shall be imprisoned, or his Estate sequestered, by virtue of any Ordinance of Parliament: And they do further authorize the said Committee, or the major Part of them, to remove and displace all other Inferior Officers of the said City from their respective Places and Offices, which shall be proved before them to be Malignants or Delinquents, within the Compass of any Ordinance of Parliament, and to elect others to succeed them in their Offices and Places, who shall execute and enjoy the same by virtue of this Ordinance: And be it Ordained, That all Person and Persons shall have free Liberty to trade and traffic, by Land and Sea, to and from the said City, as formerly they might have done when the same was under the Obedience of Parliament: And the Lords and Commons do further Order and Ordain, That Serjeant Major General Skippon Governor of Bristoll, Edward Stevens, Alexander Popham, John Ashe, and Richard Aldworth, Esquires, Robert Haynes, and Denis Hollister, be added to the Committees of Parliament in the said City, who have hereby as full Power and Authority, together with them, to all Intents and Purposes, as if their several Names had been inserted in the former Ordinances."

Order for 600l. to Mr. Brown, Clerk of the Parliaments.

"The humble Petition of John Browne Esquire, Clerk of the Parliaments, was read: And Ordered by the Lords and Commons in Parliament, That it be referred to the Committee at Habberdashers Hall, to examine the Justness of the Debt of Six Hundred Pounds, mentioned in the Petition; and that in case the same, or any Part thereof, be unsatisfied, they do take speedy Course to satisfy the same.

Ordinance for a Collection for Relief of Leicester, plundered by the King's Forces.

"Whereas it is very well known what Miseries befell the Inhabitants of the Town and County of Leicester, when the King's Army took Leicester, by plundering the said Inhabitants, not only of their Wares in their Shops, but also their Houshold Goods, and their Apparel from their Backs, both of Men, Women, and Children, not sparing in that Kind Infants in their Cradles, and by violent Courses and Tortures compelled them to discover whatsoever they had concealed or hid; and, after all that, imprisoned their Persons, and thereupon forced them to borrow Money to purchase their Enlargement, to the Undoing of the Tradesmen, who are indebted for a great Part of their Wares which the Enemy took away, and also to the Ruin of many of the Country, and those the best-affected to the Parliament, that brought their Goods into the Town for Protection: Be it therefore Ordained, and it is hereby Ordained, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That a General Collection be made, in and throughout the City of London, and Lines of Communication, and all other Cities, Towns, Liberties, Privileged Places, within the Counties of Midd. Kent, Sussex, Surrey, Hartford, Essex, Suffolke, Norff. and County and City of Norwich, Bedford, Cambridge, and the Isle of Ely, Hunt. Lincolne, Nott. Darby, Stafford, Leicester, Warwick, and the County of the City of Coventry, North'ton, Buckingham, Rutland, for and towards the Relief of such Inhabitants of the said Town and County of Leicester who are well-affected to the Proceedings of Parliament, and ruined by the Enemy's taking of the said Town: And for the more speedy and better effecting of this Ordinance, the said Lords and Commons do hereby command the same be forthwith put in Print, and published and dispersed into every Parish, Town, Hamlet, and Place, within the aforesaid Counties, as well within Liberties as without; and that the Parsons, Vicars, and Curates, of the said Parishes, Towns, Hamlets, and Places respectively, are hereby required to read this Ordinance, in their several Churches and Chapels, upon the next Lord's-day after the same shall be delivered unto them, when the Congregations are assembled together, both in the Forenoon and Afternoon; and to exhort the People to a free and liberal Contribution to this so necessary and charitable a Work; and the Minister and Churchwardens of every such Parish, Hamlet, Town, and Place, and where no Minister and Churchwardens is or are, then Two of the most sufficient Men of Estates of such Parish, Town, Hamlet, or Place, are hereby authorized, after the reading of this Ordinance as aforesaid, to go with all convenient Speed, from House to House, to every the Inhabitants of the said Parishes, Towns, Hamlets, and Places respectively, and to collect and gather the free and charitable Benevolences of the Inhabitants thereof, that shall be willing to contribute to this so pious and charitable a Work; and that every such Minister, Churchwardens, and other Persons, shall cause to be written in a Schedule the Sum or Sums of Money so given, and the Parish and Place where the same is so given; and that the said several Ministers, Churchwardens, and other Persons, shall subscribe the said Schedule with their Hands; and that they shall, within Twenty Days next after every such Collection, respectively bring or send the said Schedule, with the Money so collected or gathered, and the Copy of this Ordinance that shall be sent unto them, unto the Mayor or Chief Magistrate of the Chief City or Town that is in the Parliament's Power within any of the said respective Counties, who are hereby authorized and required to receive the same accordingly, and, within Twenty Days after their respective Receipt thereof, to send the same unto William Hobson, Thomas Eyres, William Kendall, and Thomas Churchman, Gentlemen, and Citizens of London, at The Checkuer Chamber, in Guildhall, London; and there deliver the said Schedule, Copy, and Money, unto them the said William Hobson, Thomas Eyres, William Kendall, and Thomas Churchman, who are hereby appointed and authorized Treasurers for that Purpose, and to receive the same, and to defray the necessary Charges of sending up the said Monies: And lastly it is hereby Ordained, That the Committee of Leicester, or any Seven of them (except such of them as shall expect Benefit by this Benevolence), shall, by virtue of this Ordinance, have Power to take the Accompts of the said Treasurers, and shall also give them reasonable Allowances for their Charges; and what Monies shall be collected or gathered upon this Ordinance shall be divided and paid by the said Treasurers, or any Two of them, to and amongst the aforesaid Persons, according to the said Computation of their several Losses proportionably; and the Certificate of them the said Committee, or any Seven of them, what every Person or Persons Part or Parts cometh unto, according to the said Computation, together with such Person or Persons Acquittance for the Receipt of his or their Part or Parts of the said Collection, shall be a sufficient Discharge to the said Treasurers: Provided always, and it is hereby Declared, That this Ordinance shall continue for the Space of Twelve Months, and no longer."

Adjourn.

House adjourned till 9^a, (fn. 3) Thursday.