House of Lords Journal Volume 8: 24 November 1645

Die Lunæ, 24 die Novembris.

Prayers, by Mr. Sallawey.

Ds. Grey de Warke, Speaker.

Ordinance to disable Judges.

The Ordinance for disabling the Judges at Oxford, was read the Third Time, and Agreed to.

(Here enter it.)

Sir J. Tyrell's Ordinance.

The Ordinance for taking off the Sequestration from Sir John Tirrell's Estate, was read, and Agreed to.

(Here enter it.)

Form of a Pardon for Delinquents.

The Form of a Pardon for Delinquents, was read the Second Time, and committed to the Consideration of these Lords following, who are to report their Opinions to the House:

Any Five, to meet on Friday next, in the Afternoon.

Report of the Conference on the Ordinance for an additional Excise to pay Artificers.

The Speaker reported the Effect of the late Conference with the House of Commons, concerning the Alterations in the Ordinance concerning the Artificers: That they agree to all the Alterations, except that concerning Soap; and for that they say, that the Addition of Six Pence upon every Firkin of Soap to the Ten Pence already imposed, and of Five Pence to the Nine Pence imposed, and of Four Pence to Eight Pence imposed, may fairly be laid, appears for these Reasons; (videlicet,)

1. For that it amounts not to above, if not less than One Penny, in the Shilling, which is much less than what is laid on Eight and Ten Shillings Beer, and no more than what is laid on Six Shillings Beer, and several other Commodities wherein also the Poor and Common People are concerned.

2. For that a Half-penny at least is advanced upon every Pound Weight of the said several Sorts of Soap by the Soap-makers, whereas they are to pay but a Farthing Excise upon a Pound upon the best, and not so much upon the worser Sorts; so that this additional Excise will be gained to the State out of the Profits of the Soap-sellers (Which is known to be very great), and not out of the People."

This House, upon Consideration of this, read the said Ordinance the Third Time; and Agreed to it, according to this Report. (Here enter it.)

Answer.

Dr. Heath and Dr. Aylett return this Answer from the House of Commons to the Message on Saturday last;

That they agree to the Sense of this House, concerning Prince Rupert's Desires; to the other Particular, they will send an Answer by Messengers of their own.

Petition from Plymouth.

A Petition from the Governor, Committees, &c. of the Town of Plymouth, was read, being presented to the House by Colonel Rous and others.

(Here enter it.)

Ordered, To have a Conference with the House of Commons, and communicate this Petition to them; and desire there may be a speedy Course taken, for sending Money and Supplies to them, and for relieving it by Land from the Forces that block it up by Land; and that the Government of the Town be settled, by sending the Governor presently thither.

The Lord Robertes to manage this Conference; and to desire their Concurrence, that Sir Tho. Fairefax be desired to relieve Plymouth by Land, with all convenient Speed. (Here enter the Matter of the Conference delivered by the Lord Robertes, as it was approved of by the House.)

Heads for a Conference about it.

(fn. 1) "I am commanded, by my Lords assembled in Parliament, to acquaint you, the Knights, Citizens, and Burgesses of the House of Commons, with a Petition their Lordships have lately received from the Town and Garrison of Plymouth.

(Here insert the Petition.)

This Petition, and some other Advertisements, my Lords taking into their Consideration, have commanded me to give you their Sense herein.

How much the Town of Plymouth concerns the Kingdom in general, and the City of London in particular, is so well known, as needeth not so much a Representation to prove it so, as due Consideration to preserve it so. It is very considerable; whether you look to the Land or Sea, you will there view the Importance of the Place. The Enemy hath thus esteemed Plymouth, which hath been a constant Diversion to employ a considerable Part of the King's Forces there, which else would have troubled us here.

That Town hath been the Receptacle of the Wellaffected in both the most Western Counties, where, as the Pressures have increased, and Opportunities to escape them, they have almost daily fled unto this Sanctuary; and to the Seaward the Haven appears of that Value, that, were it lost, you could not send a Ship in Winter to the West of Weymouth without apparent Hazard, there being no Place in the Parliament's Quarters to shelter them from those Storms that in such Seasons infest the Channel. You know the Advice of an able Soldier and great Statesman, lately discovered in some intercepted Letters, which pointed the Advance of the Royal Party more to be studied by the Sea than Land; and how much this Place will conduce thereto if in their Possession, I had rather learn from Reason than Experience.

You have here (Gentlemen of the House of Commons) as strong an Argument to value this Place as Land and Sea can make; whereunto my Lords have thought the Quality of the Inhabitants not meanly to conduce, whose Deservings towards the Parliament, by doing and suffering for them, they esteem great; many of which have formerly relieved others, who now are so impoverished as they can scarce support themselves.

Those Exiles which are there, my Lords consider; to relieve these, not only Pity obligeth, but Piety, who, by the Retreat of some Forces of ours toward them, have been disappointed of that Hope, which deferred (as the Wise Man faith) makes the Heart sick. These Considerations have perswaded my Lords earnestly to recommend unto you these Desires:

That Money, Cloaths, Ammunition, Victual, and other Necessaries, be in a good Proportion provided, and speedily sent thither. This is but a Fence against One of the Points of War, Starving; therefore my Lords rest not here, but considering the Condition of the Military Government of that Place to be such, as they think fit to provide against Storming. Wise Men ought to look not only what is, but what may be; non licet in Bello bis peccare. The Parliament itself hath not any Writ to reverse Errors in War; wherefore my Lords, weighing the Posture of the Enemy, who hath always eyed that Place, and now by our Army's Rest cannot look off, they have thought fit, in Discharge of that Duty they owe to the Public, in this so much concerned, to recommend to Sir Thomas Fairfax the relieving of that Place by Land with convenient Speed, which, besides the securing of so important a Town, will streighten the Enemy, add to his Distractions, open a Door to divers welldisposed Persons to the Parliament's Service to come in, and which may have an Influence not only to the shutting up of the River of Ex now left open, but probably to the reducing the Second Port in the King's Possession; and hereby a great Enlargement will accrue unto our Quarters, and shew the Non Ultra is beyond Tiverton.

To this my Lords have commanded me, in their Name, to desire your Concurrence, that what is good in Proposition, may yet be better by timely Execution."

Message to the H. C. for this Conference.

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

To desire a present Conference, in the Painted Chamber, concerning a Petition from Plymouth.

Message from thence, with Ordinances.

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

To desire Concurrence in divers Ordinances:

1. An Ordinance for Two Thousand Pounds, out of the Excise, for Munster.

Read, and passed with a little Alteration, in which the Concurrence of the House of Commons to be desired.

2. An Ordinance for Two Thousand Pounds, Part of Ten Thousand Pounds, lent by the Commissioners of Excise, for the supernumerary Forces of the County of Yorke. (Here enter it.)

Agreed to.

3. An Ordinance for Two Thousand Pounds, out of the Excise of Flesh and Salt, for the furnishing the Stores of the Navy. (Here enter it.)

Agreed to.

4. An Ordinance for One Hundred Pounds a Week, out of Habberdasher Hall, for Relief of the maimed Soldiers. (Here enter it.)

Agreed to.

5. An Ordinance for One Thousand Pounds, out of the Excise, for Crowland.

(Here enter it.)

Agreed to.

6. An Ordinance concerning the Earl of Devonshire's Twentieth Part, for Bristoll.

7. An Ordinance for Two Hundred Pounds for Windsor, Two Hundred Pounds for Colonel Pointz, and Twenty Pounds for the Messengers out of Habberdashers Hall. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That to that Ordinance concerning Munster, and the Ordinance concerning the Earl of Devon, their Lordships will take them into Consideration, and send an Answer by Messengers of their own: To all the rest of the Particulars, this House agrees.

Paper from the Scots Commissioners.

The Lord Wharton reported a Paper from the Committee of both Kingdoms; which was a Paper delivered from the Scotts Commissioners.

Read, and Ordered to be communicated to the House of Commons. (Here enter it.)

Committees for Warwick.

Ordered, by the Lords and Commons assembled in Parliament, That Sir Christopher Yelverton, Sir John Burgbyne, Mr. Christopher Hales, Mr. Ric'd Lucy, Mr. Ric'd Nudigate, Mr. Paul Wentworth, and Colonel John Bridges, shall be, and are hereby, added to the Committees of the County of Warwicke."

Ordinance for Gen. Skippon to be Governor of Bristol.

The Ordinance concerning the constituting and appointing of Serjeant Major General Skippon to be Governor of the City and Garrison of Bristoll, was read Twice, and to be considered of To-morrow.

Hawkinson, Marquis of Winton's Servant, to attend him in The Tower.

Ordered, by the Lords in Parliament, That Randolph Hawkinson (a Servant to the Lord Marquis of Winton), now a Prisoner in The Tower with his Lord, only by Order of this House through some Misinformation, shall be freed of his said Imprisonment; and is hereby permitted to attend the said Marquis during his Abode in The Tower, having the like Liberty as other Prisoners Servants have; any Thing contained in the former Order of this House to the contrary (fn. 2) notwithstanding.

Ordinance for disabling the Judges who have deserted their Places.

The Lords and Commons in Parliament assembled, taking Notice that Sir Robert Heath, Sir Francis Crawley, Sir Richard Weston, Sir Robert Foster, and Sir Thomas Mallett, heretofore Judges of the several Courts of King's Bench, Common Pleas, and Exchequer, have deserted their Places, and, by their Councils and Actions, have advised and assisted the War against the Parliament; do Ordain, and be it Ordained, That the said Sir Robert Heath, Sir Francis Crawley, Sir Richard Weston, Sir Robert Foster, and Sir Thomas Mallett, and every of them, be removed from their said Places, and disabled from being Judges of the said Courts: And be it further Ordained, That the several Places by them holden in the said several Courts be void, as if they were actually dead."

Ordinance to clear Sir J. Tyrrell of his Delinquency.

Whereas Sir John Tyrrell, of Springfeild, in the County of Essex, Knight, in Pursuance of his Composition made with the Parliament, hath paid the Sum of Six Hundred Pounds, for the Discharge of his Delinquency, and taking the Sequestration off from his Estate: The Lords and Commons assembled in Parliament, in Consideration thereof, do Ordain and Declare, and it is hereby Ordained and Declared, That the said Sir John Tyrrell shall be, and is hereby, fully and absolutely freed, acquitted, and discharged, of and from all and all Manner of Delinquency, and of and from all Penalties, Forfeitures, and Imprisonments, by reason thereof; and further, that the Lands, Rents, Revenues, and Estate, of the said Sir John Tirrell, as well Real as Personal, shall be, and is hereby, fully and absolutely freed and discharged of and from all and all Manner of Seizure and Sequestration; and that the said Sir John Tirrell shall be, and is hereby, enabled to hold and enjoy all and every Part and Parcel of his said Lands and Estate, and shall and may have, and receive, and enjoy, the said Rents, Profits, and Revenues, to be due and payable out of the same, so freed and discharged as aforesaid, from and after the 20th Day of August last past, as amply, and in like Manner, as he the said Sir John Tyrrell, or any other Person or Persons formerly holding the said Lands and Premises, heretofore had and enjoyed the same; and all Committees for Sequestrations, and every other Person and Persons authorized or employed by the Parliament, or by any Authority derived from Parliament, are to take Notice thereof, and yield a ready Obedience hereunto; any other Order or Ordinance of both or either of the Houses of Parliament to the contrary in any Wise notwithstanding."

Petition from Plymouth, for Relief.

To the Right Honourable the Lords and Commons in Parliament assembled.

The humble Petition of the Mayor, Governor, Committees of Government and Sequestration, Field Officers, and Common Council, of the Town of Plymouth, for themselves, the Inhabitants, and Soldiers;

Most humbly sheweth,

That your Petitioners have now endured, without almost any Intermission, above Two Years close Siege, whereby their Faithfulness and Courage in several Assaults and Attempts of the Enemies hath been abundantly testified, in the Defence of this eminent Place, to the Preservation of the West from a total Conquest, and Continuation of Trade to the City of London and other Places into Foreign Kingdoms; which if this Town had been in the Enemy's Power would have been much interrupted, if not cut off; by reason of which Siege, the Inhabitants have been extremely exhausted, and brought into so low a Condition (which they have humbly represented in former Petitions to you), that they are unable to billet the Soldiers as formerly they have done; and being all this Summer in Expectation of Relief by his Excellency's Advance with the Army, they have suffered their Losses with Patience; and the Officers with One whole Week's Pay (besides Billet) have chearfully performed their Duty, in Hope to have better Satisfaction by the Contribution of the Country.

But now, the Winter coming on, his Excellency's Army have betaken themselves to their Winter Quarters near Exceter, Fifty Miles distant from hence; and the Enemy between them and us most barbarously spoil and oppress the Country, and streighten us, who are destitute of all Things for a Winter's Siege.

May it therefore please the most Honourable Assembly seriously to weigh our Condition, and to take Care that your Petitioners may be timously supplied with Money, Cloaths, Victuals, and other Necessaries, for the Preservation of this Place, which is of so great Concernment to the Public; and we shall not only hazard our Lives in the Defence thereof, but continue to pray for a Blessing on your Councils.

Ordinance for the Commissioners of Excise to reimburse themselves 2000£. advanced for the supernumerary Forces of York, &c.

Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Thousand Pounds, Part of Ten Thousand Pounds, assigned by Ordinance of the 23th of August, 1645, out of the Receipts of Excise, of the 11th of September, 1643, for maintaining the supernumerary Forces of Horse and Foot therein mentioned: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise, their Executors and Administrators, shall and may be satisfied and reimbursed the said Two Thousand Pounds, with Interest, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Monies already assigned upon the said Ordinance of the 11th of September, 1643, shall not happen to fall due, or, for Want of such Intervals, then as the same shall follow in Course, by virtue of the said recited Ordinance of the 23th of August, 1645; and the Receipt of Colonel Mathewe Alured shall be the Commissioners of Excise their sufficient Discharge, for Payment of the said Two Thousand Pounds accordingly; provided, that, if the said Two Thousand Pounds with Interest, or any Part thereof, shall not be reimbursed unto the said Commissioners of Excise, in the Intervals or in Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors and Administrators, shall be reimbursed and paid, out of the further Receipts of Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are authorized to make Payment of the said Two Thousand Pounds, with Interest, accordingly."

Ordinance for 2000l. to Bland, for Flesh and Salt for the Navy.

Whereas John Bland, Merchant, hath, upon the Desires of the Committee of the Navy, and out of his good Affections to the King and Parliament, advanced and lent the Sum of Two Thousand Pounds, for and towards the providing of Stores for the Use of the Navy: The Lords and Commons assembled in Parliament do therefore hereby Order and Ordain, That the said John Bland shall be re-paid and reimbursed the said Sum of Two Thousand Pounds, on the 24th Day of February, 1645, together with Interest for the same, after the Rate of Eight per Centum per Annum, from the Day of the Date hereof, unto the said John Bland, out of the Monies arising on the Excise of Flesh and Salt, appropriated for the Use of the Navy; and the Commissioners of Excise are hereby authorized and required to make Payment of the same accordingly; and the Receipt of the said John Bland, together with this Ordinance, shall be their sufficient Discharge and Warrant, to be allowed upon Accompt."

Order for 100l. per Week for Relief of maimed Soldiers. &c.

Whereas the Necessity of the great Number of maimed Soldiers, Widows and fatherless Children of such as have been slain in the Service of the Parliament, who have not yet had a Sufficiency of Means ascertained unto them for the Supply of their great Necessities, but have been supplied by Collections, or otherwise by Borrowing, which makes the Work so much the more burthensome to the Treasurers appointed for Payment thereof: It is therefore this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies and other Necessaries for the Army, at Habberdashers Hall, London, do order to be paid to Wm. Greenhill, John Pococke, John Randall, and Richard Hutchinson, Treasurers, One Hundred Pounds per Week, Weekly, from the 17th of this present November, 1645, out of such Monies as shall be raised there (all other former Orders notwithstanding); and that the Acquittance of the said Treasurers, or any Two of them, shall be a sufficient Discharge for all such Monies as shall be paid unto them by Order of the Committee aforesaid."

Order for the Commissioners of Excise to re-py themselves 1000l. advanced for Crowland.

Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of the Excise and new Impost, have advanced and lent the Sum of One Thousand Pounds, for the Use of the Garrison of Crowland: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and paid, the said One Thousand Pounds, with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, as the same shall follow in Course; and the Commissioners of Excise are hereby authorized to pay the said One Thousand Pounds, for the Use aforesaid, unto the Governor for the Time being of the said Garrison, whose Receipt, together with this Ordinance, shall be a sufficient Discharge to the Commissioners of Excise, and every of them, in that Behalf: And it is further Ordained, That if the said One Thousand Pounds and Interest, or any Part thereof, shall not be satisfied and paid, in the Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors, Administrators, or Assigns, shall be satisfied and paid the said Principal and Interest, out of the further Receipts of Excise that shall come in upon the said Ordinance of the 11th of September, 1643, by the Commissioners of Excise for the Time being, who are hereby authorized and required to make Payment of the same One Thousand Pounds and Interest, and every Part thereof, accordingly."

Order for 200l. for Windsor.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Two Hundred Pounds be forthwith provided, for furnishing Victual, to be employed towards the Pay of the Soldiers at the Garrison of Windsor; and that this Two Hundred Pounds be charged upon the Committee at Habberdash'rs Hall, to be paid unto Mr. Holland and Mrs. Winwood, to be by them paid and employed to the Use aforesaid: It is further Ordered, That it be referred to Sir Walter Erle, to take Care for the furnishing Match, Bullet, and Ammunition, to the Value of One Hundred Pounds, for the Garrison of Windsor."

Order for 200l. for Colonel Poyntz.

Ordered, by the Lords and Commons, &c. That Two Hundred Pounds be bestowed upon Colonel General Points, as a Gift of both Houses, to buy him Horses for his own Service; and that this Two Hundred Pounds be charged upon the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall."

Order for 20l. among Messengers from General Pointz, &c.

"Ordered, by the Lords and Commons, &c. That Twenty Pounds be bestowed upon the Two Messengers that lately brought the good News from Colonel General Points; and upon the Messengers that brought the News of routing Sir Thomas Aston's Party, and taking of Sir Thomas Aston and others Prisoners; and that brought the good News of taking Beeston Castle; to each Five Pounds; and that this Twenty Pounds be paid by the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall."

Die Saturni, 22 Novembris, 1645.

At the Committee of both Kingdoms at Darby House.

Ordered, That the Paper of the Scotts Commissioners be reported to both Houses.

"Gualter Frost, Secretary to the same Committee.

Paper from the Scots Commissioners, for an Answer to their former Requests.

The Lord Chancellor of Scotland being upon Tuesday next to beginne his Journey toward Scotland, wee doe earnestly entreate that the Honnorable Houses would bee pleased to retourne an Answere to our former Desires, concerninge the setling of Religion, the sending the Propositions of Peace to His Majesty, and the Entertainment of the Scottish Army; and particularly that they would bee pleased to give Order for Cloathes and other Necessaryes for their Subsistence; and to passe an Ordinance of Parliament, for their Security who shall advance the Moneths Pay formerly promised by the Houses to that Army, now upon their March towards Newarke; that the Lord Chancellor may bee enabled in his Way to give some Accompt to the Army of our Endeavors here for the supplying their Necessityes, and of our whole Proceedings, to the Parliament of Scotland; and if the Honnorable Houses have any Thing further to communicate to the Parliament of Scotland, that they would bee pleased to make the same knowne, it being our earnest Desire to use all good Meanes for promoting this greate Worke, wherein both Kingdomes are engaged, and for puttinge a speedy and happy Issue to the Troubles and Distractions of these Kingdomes.

22 November, 1645.

By Comaund of the Commissioners for the Parliament of Scotland.

Jo. Cheisly.