House of Lords Journal Volume 10
26 January 1648

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History of Parliament Trust

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1767-1830

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6, 7, 8, 9

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'House of Lords Journal Volume 10: 26 January 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 6-9. URL: http://british-history.ac.uk/report.aspx?compid=32740 Date accessed: 02 August 2014.


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DIE Sabbati, 29 die Januarii.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Warwicke.
Comes Mulgrave.
Comes Denbigh.
Comes Northumb.
Comes Sarum.
Comes Nottingham.
Ds. Mountague.
Ds. La Warr.
Ds. Grey.
Ds. Dacres.

Answer from the H.C.

Doctor Bennet and Mr. Eltonheade return with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinance of additional Power to the Committee for the Militia of Westm. (Here enter it.)

To all the rest, they will send an Answer by Messengers of their own.

Message from thence, with Instructions for the Commissioners going to Scotland; and with Orders, &c.

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

To desire their Lordships Concurrence in divers Particulars:

1. Instructions to be given to the Commissioners that are to go into Scotland (Here enter it.)

Agreed to.

2. An Ordinance for Fifty Thousand Pounds to be paid to the Scotts, out of Goldsmithes Hall.

(Here enter it.)

Agreed to.

3. An Order to the Commissioners at Goldsmithes Hall, to hasten the bringing the Arrears of the Two Hundred Thousand Pounds. (Here enter it.

Agreed to.

4. An Order for Mr. Marshall and Mr. Caryll to go with the Commissioners into Scotland.

Mr. Herle is appointed to go in the Place of Mr. Caryll.

The Answer returned was:

Answer.

That concerning the Order for Mr. Marshall and Mr. Caryll to go with the Commissioners into Scotland, their Lordships will send an Answer by Messengers of their own.

To all the rest, their Lordships do agree.

Preacher at the Fast.

Ordered, That Mr. Cawdrey is appointed to preach, the next Fast-day, before the Lords, in the Place of Mr. Marshall.

Ordinance concerning Presbyterian Government.

The Ordinance touching the Presbyterial Government was read, and Agreed to; and ordered to be printed and published forthwith. (Here enter it.)

Col. Barker to assist the Provost Marshal in apprehending Delinquents in Westm.

A Report from Darby House was read, with a Paper under the Hand of Mr. Justice Manley: (Here enter it.) And Ordered, To be sent to the House of Commons; and that Colonel Baxter shall give Assistance to Theodore Jennings, Provost Marshal to the Committee of Militia for Westm. in apprehending Delinquents and Malignants, and to guard those Malignants to Prison that shall be committed by the said Committee.

Message to the H. C. about it;-with the E. of Nottingham's Petition; -for Mr. Herle to go with the Commissioners to Scotland;-and to remind them of the Ordinance for repairing Churches.

A Message was sent to the House of Commons, by Doctor Bennett and Mr. Eltonheade:

1. To deliver to them the Petition of the Earl of Nottingham, with special Recommendation.

2. To deliver to them the Report from Derby House, concerning the Spanish Ambassador granting Commissions to the King's Officers, for raising of Forces in London; and desire their Concurrence in the Order for Colonel Baxter to assist the Provost Marshal.

3. To desire Concurrence, that Mr. Herle may go with the Commissioners into Scotland, in the Place of Mr. Caryll.

4. To put them in Mind of the Ordinance for repairing of Churches.

Message from the H.C. with an Order.

A Message was brought from the House of Commons, by Colonel Harvey:

To desire Concurrence in an Order concerning Mr. Adoniram Byfield. (Here enter it.) Read, and Agreed to.

Ordinance to suppress Stage Plays:

An Ordinance for suppressing of Stage Players and Stage Plays, was presented to the House, and read.

The Question being put, "Whether there shall be an Exception in this Ordinance for the Houses of Peers?"

It was Resolved in the Negative.

Then the Question being put, "Whether to pass this Ordinance now read ?"

It was Resolved in the Affirmative.

Sent to the H. C.

Ordered, That this Ordinance be sent to the House of Commons, for their Concurrence.

And it was accordingly sent down, by Doctor Bennet and Mr. Eltonheade.

"Instructions for the Right Honourable Charles Earl of Nottingham and Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, William Ashurst, and Colonel John Birch, Esquires, appointed Commissioners to the Kingdom of Scotland.

Instructions for the Commissioners going to Scotland.

"Whereas both Houses of Parliament have appointed you, Charles Earl of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, William Ashurst, and Colonel John Birch, Esquires, Commissioners to go into the Kingdom of Scotland, to preserve and keep a good Correspondence and right Understanding between the Kingdoms, and further to do and transact such Things as you shall from Time to Time receive Instructions for from both Houses of Parliament; you, or any Two of you, are therefore first to make your speedy Repair into that Kingdom, to the City of Edinburgh, or any other Place where the Committee of Estates, Convention of Estates, or the Parliament, shall fit; and shall let them know the earnest and unseigned Desire of the Two Houses of the Parliament of England, to maintain and preserve a good and brotherly Correspondence, and right Understanding, and perpetual Agreement, between the Two Kingdoms; and, in Pursuance thereof, you, or any Two of you, are to endeavour, by declaring the Sincerity of the Intentions of the Houses of Parliament, to remove all Misapprehensions or Impressions that may have arisen in, or been made upon, our Brethren of Scotland.

"And for that we are informed there is a Meeting of the Committee of Estates upon the Tenth of February next; you, or any Two of you, are therefore to use such Diligence and Expedition in your Journey, as you may be there at or before that Day if you possibly may.

"And in case the Parliament of Scotland, Convention or Committee of Estates, shall desire to send any Persons to the King, about the Affairs of the Kingdom of Scotland; you, or any Two of you, shall let them know, That, when they shall signify that they will send, and whom they will employ, the Two Houses of Parliament will do therein what shall be fit to manifest their Desire of a brotherly Union with the Kingdom of Scotland.

"As to the Business of the Scotts Army in Ulster; you, or any Two of you, are to offer them, That, if they desire it, Commissioners shall be sent into Ulster, to state the Accompts of the said Army; or, if they shall rather desire to agree by Way of general Estimate for the Whole, that they will then speedily represent that Estimate to the Two Houses of Parliament: As to the Hundred Thousand Pounds that is to be paid unto our Brethren of Scotland on the 3d of February, you have herewith the Resolutions of both Houses concerning the Satisfaction of the same, which you, or any Two of you, are to offer unto them.

"You, or any Two of you, are also frequently, from Time to Time, to advertise us of all your Proceedings; and to put in Execution such further Instructions as you shall receive from both Houses of Parliament."

Order for the 100,000£. due to the Scots.

"The Lords and Commons assembled in Parliament do declare, That their Intention is fully and really to perform, with our Brethren of Scotland, to the uttermost of their Powers, in the due Payment of the Hundred Thousand Pounds, Monies assigned to be paid unto them, on the Third Day of February next; and, in order thereunto, do require the Committee at Gouldsmiths Hall to employ their best Endeavours, that the Fifty Thousand Pounds, Part thereof, charged upon those Receipts, may be complied with, and paid to the Persons named in the Ordinance, appointing the Payment of the said Fifty Thousand Pounds in Course, as is directed by the Ordinance: And in case the said several Sums cannot in Time be paid to the said several Persons, that Interest, after the Rate of Eight per Centum, be allowed and paid to the said Persons, during the Time the said Sums, or any of them, shall be unpaid. The said Committee is further required, from Time to Time, to represent any such Obstructions as they shall meet with, to the End they may be removed, and due Payment of the said Monies may be made, according to the Intentions and Orders of this House: It is further Ordered, That the Interest of the aforesaid whole Hundred Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, and paid by the Committee there, from Time to Time, for so long Time as the same, or any Part thereof, shall be unpaid: It is likewise Ordered, That Power be, and is hereby, given to the Committee, to treat with such Persons, Citizens or others, as they shall think fit, for the present Borrowing of the Fifty Thousand Pounds, charged upon the Credit and Receipts of Gouldsmiths Hall."

Order for the Arrears for Payment of the 200,000£. to the Scots, to be brought in.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee at Gouldsmiths Hall be hereby required and enjoined to take the most effectual Course they can, for bringing in from the several Counties the Arrears of the Two Hundred Thousand Pounds Loans for Payment of the Scotts Army, and also the Arrears of the Two Months Assessments for the said Army ; and that they do prepare Letters to be sent to the respective Committees in the several Counties where any of those Arrears are due, to be signed by the Speakers of both Houses, to satisfy them with the Necessity of bringing in the said Monies, and to quicken them in the bringing in of the same."

Order for 100£. per Ann. for Mr. Byfield, Vicar of Fulham.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of One Hundred Pounds be Quarterly paid, by equal Portions, unto Adoniram Byfeild, One of the Scribes of the Assembly of Divines, and present Vicar of Fulham, during his Natural Life, if he shall so long continue Vicar there, out of the Rent reserved upon the Demise of the Impropriate Rectory of, Ashwell, with the Appurtenances, in the County of Hertford, Parcel of the Possessions belonging to the late Bishopric of London: And the Trustees for the Sale of Bishops Lands are hereby authorized and required, from Time to Time, to issue forth their Orders and Warrants to the Treasurers for Bishops Lands, to make due Payment of the said Yearly Sum of One Hundred Pounds, in Manner as abovesaid, accordingly; the First Quarterly Payment to begin and be made on the 25th Day of March next: And the said Order or Warrant of the Trustees, together with the Acquittance of the said Adoniram Byfeild, shall be, from Time to Time, a sufficient Warrant and Discharge to the said Treasurers, for Payment of the said Yearly Sum of One Hundred Pounds, in Manner as aforesaid, accordingly: It is further Ordered, That the said Adoniram Byfeild shall from henceforth pay, or suffer to be received and paid, unto the Minister of the new Chapel at Hammersmith, in the Parish of Fulham, all the Tithes, Pensions, and Profits, formerly payable to the Vicar of Fulham, arising from Hammersmith Side or Division: This to be continued to the Minister of Hammersmith for so long Time as the said Adoniram Byfeild shall enjoy and receive the said Yearly Sum of One Hundred Pounds as abovesaid."

Ordinance to divide the Counties into Classical Presbyteries, to settle Presbyterian Government.

"The Lords and Commons in this present Parliament assembled, being resolved speedily and more effectually to settle the Presbyterial Government, do ordain, and be it Ordained by the Authority of the same, That the Committees and Commissioners for the Sixty Thousand Pounds per Mensem, or any Three or more of them, of the several Counties of this Kingdom, with the Assistance of such Ministers and others as they shall think fit, do forthwith meet, and divide their respective Counties into distinct Classical Presbyteries where they are not already divided, and certify such Divisions of the said several Classis, which they either have or shall make, to the Committee of Lords and Commons for judging of Scandal, together with the Names of such Ministers and others as are fit to be of each Classis; and that the Chancellors, Vicechancellors, and Heads of the Universities, do likewise consider how the Colleges may be put into Classical Presbyteries; and do, before the 25th of March next, certify the same up to the said Committee of Lords and Commons, according to the Ordinance of Parliament, dated the Nineteenth of August, 1645; which Committee of Lords and Commons is required to approve and confirm the same, as they shall think fit, immediately upon Receipt of such Certificate: After which said Approbation of such Classical Presbyteries, or any of them, by the said Committee of Lords and Commons, the said Classical Presbyteries shall and hereby have Power, within their several Precincts, to constitute Congregational Elderships, according to the aforesaid Ordinance of the 19th of August, One Thousand Six Hundred Forty Five: And be it further Ordained, by the Authority aforesaid, That the said Committee of Lords and Commons shall have Power to bound the Provincial Assemblies in this Kingdom, and to increase the Number of Delegates which are or shall be sent to any Provincial Assembly, as they shall think fit; and the said Committee of Lords and Commons shall also have Power to constitute Triers within the Province of London, where Need shall require."

"Die Veneris, 28 Januarii, 1647.

"At the Committee of Lords and Commons at Derby House.

"Ordered, That the Relation of Mr. Manley, concerning Officers raising Forces under the Spanish Ambassador's Commissions in and about London, be reported to both Houses.

"Gualter Frost, Secretary."

Report from the Westm. Militia Committee, that there are many Officers, late in the King's Service, about Town, with Commissions from the Spanish Ambassador to raise Forces for Flanders, some of whom are secured; and desiring Assistance to guard them.

"At the Militia sitting in the Star-chamber in Westm'r, the 27th January, 1647.

"On Thursday last, our Provost Marshal brought before the Committee Lieutenant Colonel Bu'gis, (fn. *) who consesseth that he was a Commander for the King, against the Parliament.

"The said Colonel Burgis did shew unto George Manley, being Chairman to the Committee, a Commission under the Spanish Ambassador's Hand, and the King of Spaine's Seal, for raising a Regiment in and about London, to be transported into Fland'rs.

"The said Colonel Birgis was committed to The Gatehouse in Westm'r, by virtue of an Ordinance of Parliament; and the said Colonel hath the Ambassador's Commission in the Gaol with him.

"The Ambassador did, on Friday last, send One of his Gentlemen to George Manley, of the Militia in Westm'r, and said, "The Spanish Ambassador doth acknowledge he granted to Lieutenant Colonel Burgis a Commission ; and likewise the Ambassador hath granted above Forty more to several English Officers about or near London, for the Raising of Four Regiments, or more, of Foot, to be transported into Flanders."

"Also the Committee of the Militia are informed, That divers of the King's Commanders have Com missions under the Ambassador's Hand and Seal; and are raising, and do list, divers Hundreds of Men privately, pretending they are listed to go for Flanders.

"The Committee humbly desires, That the Provost Marshal, Theodore Jennings, that apprehends Delinquents and Malignants, may have Assistance, by some of the Officers and Soldiers that are in Whitehall, or near the Parliament, to safeguard those Malignants that the Committee of the Militia do send to the (fn. *) Prisons, there being many, at Times, Attempts to make Escapes.

"Geo. Manley."

"An additional Ordinance for enlarging the Power of the Committee for the Militia of Westminster, and Parts adjacent, and for necessary Supply of Monies for that Service.

Additional Ordinance to enlarge the Power of the Committee for the Westm. Militia.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That all the Parishes, Liberties, and Places, together with Dunston's in the West, the Liberty of The Rolles, and Butolph's Aldersgate, or so much of any of them as are in the County of Midd. within the Weekly Bills of Mortality, and late Lines of Communication (except the Hamlets of The Tower), shall be in the Jurisdiction and Power of the said Committee, in such Manner as the Parishes that are particularly mentioned in the Ordinance of the 9th of September, 1647: And for the Raising of Monies necessary for the carrying on of that Service, the said Committee, or any Seven or more of them, are hereby authorized to cause a Rate and Assessment to be made, upon all Persons inhabiting within the said Parishes, Liberties, and Places, and all Landholders within the said Limits, not exceeding the Sum of Six Hundred Twenty-five Pounds, and to use such Power, and give such Allowances, for the Collecting and Receiving thereof, as is given to the respective Commissioners named in the Ordinance of the 23th of June, 1647, for the Raising of Monies to be employed towards the Maintenance of the Forces within this Kingdom under the Command of Sir Thomas Fairefax Knight: And the said Committee, or any Seven or more of them, shall have likewise Power to call before them all Collectors, Receivers, and Treasurers, for the Monies formerly assessed, levied, or received, for the Service of the Militia, within the said Limits, by virtue of any Ordinance or Ordinances of Parliament; which Collectors, Receivers, and Treasurers, are hereby required to render Accompts thereof to the said Committee, or any Seven or more of them, and to pay such Monies as shall be found remaining in their Hands, upon their respective Accompts or Collections, to the Hands of such Person or Persons as shall be appointed by the said Committee, or any Seven or more of them, to receive the same, whose Receipt shall be unto all and every of the said Collectors, Treasurers, or Receivers, of all or any of the said Monies, a sufficient Warrant and Discharge in that Behalf.

"And it is further Ordained, by Authority aforesaid, That the said Committee, or any Seven or more of them, shall have Power to raise all Arrears of former Assessments made by the late Sub-committee of the Militia of Westminster by any Ordinance of Parliament, to be gathered in ; and, for Default of Payment of such Assessments, to levy the same by Distress of the Goods of the Persons so assessed, and neglecting to pay the same; and, after Four Days, to sell the said Distress, restoring the Overplus to the Owners: And the said Committee, or any Seven or more of them, shall have likewise Power, from Time to Time, to name and appoint a Treasurer or Treasurers, and to dispose of the Monies raised, and to be raised, by the Means aforesaid, by Order under their Hands, or under the Hands of any Seven or more of them, at their usual Place of Meeting, for the Payment of such Debts as the said Sub-committee have contracted for the Public Service, and for the carrying on of the said Militia as aforesaid, and not otherwise.

"And it is further Ordained, That if any Person or Persons shall find him or themselves aggrieved, that he or they are over-rated, and shall within Six Days (after Demand made) complain to such of the said Committee who signed or allowed his or their Assignment; the major Part of such of the said Committee who signed or allowed his or their Assessment shall have Power, upon Examination, within Eight Days after Demand aforesaid, to relieve such Person or Persons, as they shall see just Cause; and that the said Committee, or any Seven or more of them as aforesaid, shall have the same Power and Authority, within the said Parts, as any Committee for the Militia of the City of London had, the Twentieth Day of July, 1647, by any Order or Ordinance of Parliament; and that all Persons acting in Pursuance of this Ordinance shall be for the same saved harmless and indemnified, by Authority of both Houses of Parliament.

Provided, That this present Ordinance shall be in Force, and continue, during the Pleasure of both Houses; and that all Persons acting in Pursuance of this Ordinance shall be for the same saved harmless and indemnified, by Authority of both Houses of Parliament: Provided, That this Ordinance, or any Thing therein contained, shall not extend to the Peers or Members of either House, or the Assistants of the House of Peers, or necessary Attendants of either House."

Footnotes

* Origin. whom.
* Origin. Persons.