House of Lords Journal Volume 8: 28 March 1646

DIE Sabbati, 28 Martii.

PRAYERS, by Mr. Sallawey.

E. Manchester, Speaker.

Ordinance for settling the Government of Maryland.

Report was made this Day from the Committee of Lords and Commons for Foreign Plantations; videlicet,

"Whereas, by an Order of the Lords House, dated the 25th Day of December last, it was referred to the Committee, to prepare an Ordinance of Parliament, for the settling of the Government of Maryland, and for the Indemnity of those that shall act therein; the Draught of an Ordinance was accordingly agreed upon this Day, which the Earl of Warwicke is desired to present, from this Committee, to the House of Peers."

The said Ordinance was Twice read publicly at the Table; and Ordered to be committed to these Lords following:

Any Two, to meet on Monday Morning next, at Nine of the Clock.

James's Cause.

Ordered, That the Cause of John James Merchant shall be heard, at this Bar, this Day Sevennight; and that Doctor Mason and Doctor Walker are hereby assigned to be of Counsel for them.

Ordinance for Mortimer and Norfolk to be Serjeants at Arms.

An Ordinance was brought in, for making James Mortimer and James Norffolke Serjeants at Arms, in the Place of Serjeant Francis and Serjeant Lee; which was read Thrice, and Ordered to be sent to the House of Commons, for their Concurrence therein.

Horses for the D. of Angolesme to be exported.

Ordered, That the Duke of Angolome shall have a Pass, to transport Two Horses, or Geldings, into France, Custom-free; they being Horses that should have been transported by the former Pass, but could not because they were lame.

Examinations concerning the Pamphlet, called London's last Warning.

The Lord Mayor of London returned the Examinations, according to the Order Yesterday, concerning the Pamphlet intituled "London's last Warning Peece."

(Here enter them.)

Likewise the Master and Wardens of the Stationers Company appeared this Day, (fn. 1) and were enjoined by the House to use their best Endeavour for finding out the Author and the Printer of the said scandalous Pamphlet.

And because it appears, by the said Examinations, that there is a Person committed by the Committee of Examinations to the Marshal of the Lord Mayor of London, that is in Examinations about the said scandalous Pamphlet; it is Ordered, To send to the House of Commons, to acquaint them, that this House being informed hereof, and because there be many Passages in the said Pamphlet that concerns this House, to desire that the said Person may be kept in Safety, and be brought before this House when he shall be sent for by this House.

Message from the H. C. with Ordinances, &c. and that they have added the Five Lords to the Committee for the Revenue.

A Message was brought from the House of Commons, by Mr. Rigby;

To desire Concurrence in these Particulars:

1. An Ordinance concerning Martial Law.

2. To acquaint this House, that the House of Commons have added the Five Lords formerly sent from this House to the Committee of the Revenue.

3. An Ordinance for a Monthly Assessment upon the County of Derby, for Maintenance of their Forces.

4. An Ordinance for allowing the Earl of Nottingham Five Hundred Pounds per Annum. (Here enter it.)

Agreed to.

5. An Ordinance for paying Three Hundred Pounds to Colonel Strode, out of Habberdashers Hall.

(Here enter it.)

Read, and Agreed to.

6. An Ordinance to allow Sir Henry Anderson Four Pounds per Week. (Here enter it.)

Agreed.

7. An Ordinance for Six Thousand Pounds to be paid, out of the Excise, for the Forces in Munster.

(Here enter it.)

Read, and Agreed to.

8. An Ordinance for allowing Four Pounds per Week to Sir Lewis Dive, for his Maintenance, out of the Sequestrations of his own Estate. (Here enter it.)

Agreed to.

9. An Ordinance for One Thousand Pounds per Annum to every of the Judges, out of the Customs.

(Here enter it.)

Read, and Agreed.

The Ordinance concerning Martial Law was read Twice.

And this Question was put, "Whether to have this Ordinance committed?"

And the Votes were equal.

Ordered, To take this Ordinance into Consideration on Monday next.

Answer.

The Answer returned to the Messengers of the House of Commons was:

That concerning the Ordinance for Martial Law, and the Ordinance for Assessments upon the County of Derby, their Lordships will send an Answer by Messengers of their own: To all the rest of the Particulars, this House agrees.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight;

To desire Concurrence in an Ordinance for sending Preaching Ministers into Herefordshire. (Here enter it.)

Agreed to.

2. An Ordinance for Four Thousand Pounds to be paid to Scotts Officers, out of Haberdashers Hall.

(Here enter it.)

Agreed to.

The Answer returned:

Answer.

That this House agrees to the Ordinances now brought up.

Torksey to be Minister of Scotter.

Upon reading the Petition of Sam. Torksey Minister; appointed Preacher to the Congregation of Chingford, in the County of Essex, by the Right Honourable the Earl of Manchester, by virtue of an Ordinance of Parliament, during Pleasure; and that the Church of Scotter, in the County of Lyncolne (the Gift whereof hath formerly been in the Dean and Chapter of Peterborough, but now in the Gift of the Honourable Houses of Parliament) being void by the late Death of Mr. Coleman; and the Petitioner, at the Instance of some godly and well-affected Persons of Worth in that Place, being persuaded to bestow his Labours as Minister amongst them; the Desire of the Petitioner is, that the Houses would be pleased to confer the said Living upon him."

Which this House Ordered the same accordingly; and the Concurrence of the House of Commons to be desired herein.

Estorp to be One of the Assembly.

Ordered, That Mr. Esthorp, Rector of Burnbrough, in Lyncolneshire, shall be added to be One of the Assembly of Divines, in the room of Mr. Coleman lately dead; and the Concurrence of the House of Commons to be desired herein.

Ordinance for Money, for recruiting the Army.

The Ordinance for Eighty-four Thousand Eight Hundred Forty-seven Pounds, Thirteen Shillings, and Four Pence, for recruiting the Army, was read, and Agreed to. (Here enter it.)

Message to the H. C. for Larnar to attend, about the Pamphlet called London's last Warning Piece;

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

To let them know, that when the Lords Committees were in London, the Lord Mayor gave them a Pamphlet, called, "The last Warning Peece to London;" and desired that this House would put it into a Course of Examination: And this Day this House hath received some Examinations from the Lord Mayor, wherein it appears that one Larnar is committed by the Committee of Examinations: And because there are divers Passages in the said Pamphlet which concerns the Peers of this House, to desire the House of Commons, that the said Larnar may be brought before this House as often (fn. 2) as there shall be Occasion for him to be sent for.

and about these Particulars.

2. To desire their Concurrence, that Mr. Esthorp may be added to the Assembly of Divines, in the Place of Mr. Coleman.

3. To desire their Concurrence in the Addition to the Order for the Thanksgiving.

4. To deliver to them the Petition of the King's Players, with Recommendations.

5. To desire Concurrence in the Ordinance for Woodroffe to have the Rectory of Chartam, in Kent.

6. To desire Concurrence, that Mr. Corbett may have the Rectory of Haseley.

7. To deliver to them the Reports concerning the Lord Inchequin and Captain Hodder; and desire their Concurrence therein.

8. To deliver the Ordinance for Mr. Mortimer and Mr. Norffolk to be made Serjeants at Arms.

9. To recommend to them Mr. Braughton's Petition.

10. To desire Concurrence in a Pass for Two Horses, or Geldings, to be transported into France, for the Duke of Angeleme, Custom-free.

Preachers at the Fast.

Ordered, That Mr. Ford and Mr. Esthorp be appointed to preach before the Lords, at the next Fast, in the Abbey Church at Westm.

Ordered, That the Committee for Gouldsmithes Hall do meet on Tuesday next, in the Afternoon; and the Committee for the Excise likewise shall meet the same Time.

Petit and Rednes.

Ordered, That the Cause between Petit and Rednes, &c. shall be heard on Friday next.

Order for 500£. per Annum to the E of Nott.

"The Lords and Commons assembled in Parliament do agree, order, and appoint, that the Earl of Nottingham shall have Five Hundred Pounds per Annum allowed him, out of the Sequestrations of Papists Estates in the County of Surrey, for his better Support and Maintenance; and that the Committee of Sequestrations of the said County do make full and due Payment of the said Five Hundred Pounds per Annum unto him accordingly."

Order for 300£. to Col. Strode.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies out of Habberdashers Hall do forthwith pay unto Colonel William Strode Three Hundred Pounds, lent by him to Sir William Waller at Bathe, to supply the Necessities of that Army, in June, 1643."

Order for 4£. per Week to Sir H. Anderson.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir Henry Anderson, a Prisoner in The Tower, shall have allowed unto him, out of his own Estate, for his present Maintenance and Support, the Allowance of Four Pounds per Week; and that the Committees of Yorke and Bishopric of Duresme, where his Estate lies, do pay him, out of his own Estate, the said Four Pounds per Week accordingly."

Order for 6000£. for the Forces in Ireland.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Six Thousand Pounds shall be paid in Course, out of the Receipts of the Excise, to come in upon the Ordinance of the 11th of September, 1643, with Interest, every Six Months, unto the Lord of Inchiqueen Lord President of Munster, to be employed for Pay of the Forces in Munster: And for the better Supply of the said Forces, be it further Ordained, That if any well-affected Person or Persons shall consent to a present Advance of the said Six Thousand Pounds, or any Part thereof, by Way of Loan, that every such Person or Persons, their Executors, Administrators, or Assigns, shall be paid and reimbursed the several and respective Sums which he or they shall so advance, out of the Receipts of the Excise as aforesaid, together with Interest at the End of every Six Months, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn; and that the said several and respective Sum or Sums, to be advanced for the Use aforesaid, be paid unto the said Lord of Inchiquin, or his Assigns, whose Receipt or Receipts, testifying the particular and respective Sums advanced, together with the Receipt of the several and respective Advancers and Lenders thereof, their Executors, Administrators, or Assigns, shall be a sufficient Warrant and Discharge unto the Commissioners of Excise for the Time being, for Payment of the said Six Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly."

Order for 4£. per Week to Sir Lewis Dive.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir Lewis Dive, a Prisoner in The Tower, shall have allowed unto him, out of his own Estate in Bedfordsheir, for the Maintenance of himself and Children, Four Pounds per Week; and that the Committee of Bedfordsheire do pay him, out of his own Estate, the said Four Pounds per Week accordingly."

Order for 1000£. per Ann. to each of the Judges.

"The Lords and Commons in Parliament, taking into their Consideration the great Pains the Judges of the King's Bench and Common Pleas, and Barons of the Coif of the Exchequer, do take, by their continual Attendance in their several Courts, and also in Parliament, and considering their great Charges they are put unto by their Attendance; and that, by reason of these Distractions, their Fees and Wages are not so paid unto them as formerly they have been, and the Profits coming to their Places are not sufficient for their Subsistence; do Order and Ordain, That the Customers or Commissioners of the Customs in the Port of London, for the Time being, shall pay to every of the said Judges and Barons, out of the Customs and Subsidies by them received or to be received, the Sum of Two Hundred and Fifty Pounds, on the last Day of every Term, which Payment shall continue during the Time that they shall be Judges of the said several Courts; and the said Payments shall be in full of all Fees, Wages, and Allowances, due to them from the Crown; the said Payment to begin, and to be made, for and from Michaelmas Term last; and whatsoever Sums the said Customers or Commissioners of the Customs shall pay in Performance of this Ordinance, the same shall be allowed unto them upon their several Accompts, they shewing the Acquittances from the said Judges, which, upon these Payments, they are severally to give them; and the said several Judges and Barons shall have the same Remedy for their said Salaries against the said Customers as any Judges heretofore might have against any Customers Commissioners."

Ordinance for Ministers for the City and County of Hereford.

"Whereas there is great Want of able Preaching Ministers in the County and City of Hereford, much occasioned by the small and inconsiderable Livings in the said City and County; which the Lords and Commons now assembled in Parliament taking into their pious Consideration, are very desirous in some Measure to supply; do Order, and it is hereby Ordered and Ordained by the said Lords and Commons, That there shall be Six able, godly, and learned Divines, named by the Committee of plundered Ministers, to be approved of by the Reverend Assembly of Divines at Westm'r, placed in the City of Hereford, Three of the said Divines to preach in Turn in the Cathedral Church there, on the Lord'sday, each of them in his Turn to preach both Morning and Afternoon; and those Two which do not preach in the said Cathedral on the Lord's-day shall preach the same Lord's-day in some Churches in the Country, and also both of them shall preach One Sermon Weekly on Two several Days, as shall be appointed by the Committee of the said County; and the other Three Divines shall, every Lord's-day, Morning and Afternoon, preach and officiate in the Three other Parish Churches of the said City, (videlicet,) One of them in the Parish Church commonly called St. Peter's Parish, One other of them in the Church of Albellowe's Parish, and the Third in the Parish Church of Nicholas, within the said City, by the Appointment likewise of the said Committee; each of which Preachers to be placed to preach in the said Cathedral Church shall have the Yearly Maintenance of One Hundred Fifty Pounds, to be paid unto him out of the Possessions of the Dean, Dean and Chapter of the said Cathedral Church, the same to be paid Quarterly, the First Payment to begin the 25th Day of March, 1646; and shall have a convenient Place of Habitation unto him appointed, in some of the Dean or Prebends Houses in the said City, Rent-free, which the said Committee, or any Five or more of them, are hereby authorized and required to provide for the said Preachers accordingly; and each of the said Divines, that shall be appointed to preach and officiate in the said Parish Churches of the said City, shall have the House and Yearly Profits belonging and of Right due to the Minister of the said several Parishes respectively; (videlicet,) the House Rent-free; which Yearly Profits respectively if they shall not arise to the Sum of One Hundred Pounds, then to be made up, out of the Possessions of the said Dean, Dean and Chapter, the full Sum of One Hundred Pounds per Annum, to be paid Quarterly as aforesaid to the said last Three mentioned Divines, appointed to preach and officiate in the said Parish Churches: All which the said Committee, or any Five or more of them, are hereby authorized and required to see from Time to Time duly performed; for which, this present Ordinance shall be to them, and every of them, a sufficient Warrant in that Behalf: All which several and respective Allowances are to be made and continue until both Houses shall take further Order."

Order for 4000£. for the Scots Officers Arrears.

"Ordered, by the Lords and Commons assembled in Parliament, That Four Thousand Pounds be forthwith advanced and provided, to be employed towards the Pay of the Arrears due to the Scotts Officers, according to a List reported from the Committee of Petitions, where Mr. John Goodwin hath the Chair; and that the Committee of Lords and Commons for Advance of Monies in Habberdashers Hall do pay the said Four Thousand Pounds to such Treasurer as the said Committee for Petitions, where Mr. John Goodwin hath the Chair, shall appoint to receive the same; and that the said Committee do apportion and distribute the same unto the said Scotts Officers."

Order for 84,847£. 13s. 4d. for the recruiting of the Army under Sir T. Fairfax.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Eighty-four Thousand Eight Hundred Forty-seven Pounds, Thirteen Shillings, and Four Pence, for recruiting of the Army under the Command of Sir Thomas Fairefax, shall be paid out of the Proceed of the Intervals that shall happen upon the Receipts of the Excise, to come in upon the Ordinance of 11th September, 1643, before the First Day of July, 1646, next and immediately after such Assignments as are already charged on the said Intervals shall be paid and satisfied; and that the Remainder of the said Eighty-four Thousand Eight Hundred Forty-seven Pounds, Thirteen Shillings, and Four Pence, that shall be paid, and unsatisfied by the said Proceed of the Intervals, shall be paid, out of the farther Receipts of the Excise aforesaid, next and immediately before the Order and Course of an Ordinance of the 2d of February last, charging Thirty-two Thousand Pounds on the said Receipts for the Use of the Militia of the City of London, as by the said Ordinance is directed and provided; and the Commissioners of Excise for the Time being are hereby authorized and required to pay the said Eightyfour Thousand Eight Hundred Forty-seven Pounds, Thirteen Shillings, and Four Pence, unto any Two of the Treasurers at Wars (whereof One to be an Alderman), their Assignee or Assigns, whose Receipt or Receipts shall be a sufficient Warrant and Discharge unto the Commissioners of Excise for the Time being in that Behalf; and this Ordinance shall be likewise Security unto such Person or Persons, their Executors, Administrators, or Assigns, as shall advance and lend the said Eighty-four Thousand Eight Hundred Forty-seven Pounds, Thirteen Shillings, and Four Pence, or any Part thereof, for their Reimbursement, either by Intervals or in Course as aforesaid, together with Interest for the same, at the End of every Six Months, after the Rate of Eight Pounds per Centum, for so long Time as the said Monies, or any Part thereof, shall be forborn; for the Payment of which Principal and Interest unto the Advancers or Lenders thereof, their Executors, Administrators, or Assigns, the Assignment or Assignments of the said Treasurers at Wars, together with the particular and respective Receipt or Receipts of the particular and respective Advancers thereof, their Executors, Administrators, or Assigns respectively, shall be sufficient Warrant and Discharge unto the Commissioners of Excise, and every of them."

Examinations taken by the Lord Mayor, concerning the Pamphlet called London's last Warning Piece. Calvert's.

"The Examination of Giles Calvert Stationer, living on Ludgate Hill, taken before the Right Honourable Thomas Adams Lord Mayor of the City of London, the 27th of March, 1646.

"This Examinate saith, That he never had any more than Fifty or One Hundred of those Papers, intituled, "The last Warninge to all the Inhabitants of London"; but he knoweth not the certain Number which he hath had; and saith, they were brought unto him at Two several Times, (videlicet,) the First Parcel of them in the latter End of the last Week, and the other Parcel on Tuesday last: But he knoweth not the Name of him that brought them, nor the Place where he liveth; but saith, he hath formerly sold Books unto this Examinate. And further saith, That the Price which he was to pay for the said Papers was Fifteen Pence per Quire, and he hath already paid him Two Shillings Six Pence, and still oweth Two Shillings Six Pence more unto the Man that brought those Papers unto him. And lastly he saith, That he supposeth the Surname of the Man that sold him those Papers to be Overton.

Giles Calvert.

Examinatus fuit Die et Anno Supradictis,

Thomas Adams Mayor."

27 Martii, 1646.

The Examination of Henry Cripps, Servant to Mr. Henry Ovirton Stationer.

Cripps's.

He saith, That he never had above Four Quires of those printed Papers, called "London's last Warning-peece," containing One Hundred Sheets of Paper; and that he received Fifty Sheets of them, about Seven or Eight Days since, of one Overton, who then brought them to this Examinate's Master's Shop, in Pope's Head Alley, to sell; and this Examinate agreed to give him for the same Two Shillings and Six Pence, which was paid about Four Days since; and about that Time this Examinate received of the said Overton the other Fifty Sheets of the said printed Papers, and paid the said Overton for the same this Morning Two Shillings Six Pence: But this Examinate doth not know where the said Overton is now resident; neither doth he know where the Place of his Habitation is; but he hath oftentimes seen him in this City. And he also faith, That he never received any of these Papers from any other Person whatsoever; and they were bought without this Examinate's Master's Knowledge.

Henry Cripps.

Examinatus fuit Die et Anno Supradictis,

Thomas Adams Mayor."

Larner's.

William Lerner, dwelling at The Blackimore, in Bishoppsgate Streete, was brought before me on Saturday last, being the 21th of this Instant March, for having certain Books, or Papers, (intituled, "The last Warninge to all the Inhabitants of London,") which were then found in his Custody: And he being required to declare of whom he bought them, answered, "That he knew not the Party." And I demanding what Quantity of them he bought; he said, "He had bought One Quire of them:" And being demanded positively to answer whether he had no more of those Papers? he said, "That if any Man could charge him with more of them, then he would give an Answer; and desired that he might have the Liberty of a Subject, and not be compelled to accuse himself."

"And One that was then present did produce a Quantity of those Papers, which were seized upon in the Shop of one Woodnett, living in Cornhill; who confessed that he received them from the said William Lerner.

Whereupon I thought fit to secure his Person in One of The Compters; and sent Word thereof immediately (by Mr. Sheriffes) unto the Committee for Examinations, who (as I am informed) were well pleased with it, and gave Order that he should be kept close.

And upon Tuesday last, the said William Lerner was brought before them, and committed unto the Custody of the City's Marshal; and, as I am informed, is to be before the said Committee this Afternoon.

March the 28th 1646.

Thomas Adams Mayor."