House of Lords, Journals
Journal of the House of Lords: Volume 8, 1645-1647
House of Lords Journal Volume 8: 13 February 1646
Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 13 Februarii.
Ordinance for Government of Cambridge University.
Ld. Buckhurst's Petition.
Message from the Assembly, for the Ordination of Ministers.
Answer.
Message from the H. C. to expedite the Ordinance for Martial Law;
and to communicate the Vote, for reducing the Scots Horse, to the Scots Commissioners.
Letter from Sir T. Fairfax, about disbanding the Lifeguard, and raising a Regiment of Firelocks.
Votes about this Business.
Message from the H. C. with Ordinances;
and for a Conference about the Propositions.
Vote for reducing the Scots Horse, to be communicated to the Scots Commissioners.
Ordinance for Martial Law.
Conference to be had about it.
Lords added to the Committee for Sequestrations.
Message to the H. C. for their Concurrence; that the Lords agree to communicate the Vote for reducing the Scots Horse to the Commissioners;
about the Ordinance for Martial Law,
to remind them of Lady Drake's and the E. of Stamford's Businesses;
and with Ld. Buckhurst's Petition.
Lilburn's Cause, concerning his Sentence in the Star-chamber.
Sentence against him in the Star-chamber vacated.
Lee to be instituted to Cottesbatch.
Ordinance for regulating the University of Cambridge.
Establishment for a Regiment of Firelocks, to be raised in Lieu of Sir T. Fairefax's Life-guard.
Assembly of Divines Petition, for some Ministers to be ordained.
PRAYERS, by Dr. Hill.
Domini præsentes:
Comes Manchester.
Comes Kent.
Comes Pembr.
Comes Nott.
Comes Warwic.
Comes Denbigh.
Comes Midd.
Comes Lincolne.
Comes Stanford.
Comes Bolingbrooke.
L. Viscount Say & Seale.
Comes Essex.
Comes Northumb.
Comes Suffolke.
Comes Sarum. Ds. Roberts.
Ds. Howard de Escr.
Ds. Mountague.
Ds. Dacres.
Ds. Bruce.
Ds. North.
Ds. Berckley.
Ds. Wharton.
Ds. Grey.
The Report was made from the Committee of the Ordnance concerning the Well-government of the University of Cambridge, as fit to pass, without Alteration.
And it being read the Third Time;
It was Resolved, upon the Question, That this House agrees with the House of Commons in this Ordinance. (Here enter it.)
The Petition of the Lord Buckhurst was read; and Ordered to be recommended to the House of Commons.
A Message was presented to this House, from the Assembly of Divines, by Doctor Smith and others; which was read, as follows. (Here enter it.)
The Answer returned was:
That this House gives them Thanks for their great Care; and that their Lordships have appointed a speedy Day for the taking this Petition into Consideration, and other Things which concerns Church Government.
Ordered, that every Monday and Thursday shall be set apart for the Dispatch and Expediting of the Business of the Government of the Church; and to begin on Monday next.
A Message was brought from the House of Commons, by Sir John Evelyn Knight, &c.
To let their Lordships know, that the Lack of passing the Ordinance for Martial Law made Men bold and insolent, to act Things prejudicial to the Safety of this Kingdom; they say, they have done what lies in them for the passing of that Ordinance, and desire their Lordships to give Dispatch to that Ordinance.
2. To let their Lordships know, that the House of Commons, have lately received Letters of the great Pressures and Burthens that that the North suffers by the Scotts Horse, as about Tickhill, whereupon the Town of Sheffild have taken Arms in their own Defence; and whereas this House hath agreed with the House of Commons in a Vote for reducing the supernumerary Horse in the Scotch Army, they desire their Lordships Concurrence, that the said Vote may be communicated to the Scotts Commissioners.
That this House will take this Message into Consideration, and return an Answer by Messengers of their own.
The Speaker acquainted [ (fn. 1) the House with] a Letter which he hath received from Sir Thomas Fairefaix; which was read, as follows:
"My Lord,
"I received your Lordship's Letter, and the Votes of the House of Commons therein inclosed, concerning the reducing of the Life-guard; and do with all Thankfulness acknowledge your Lordships Favour in desiring to know my Opinion concerning it. If I look upon the Public (as I desire to do in all Things I undertake), I cannot but conceive the raising of a Regiment of Firelocks, consisting of Five Hundred Men, will be a Thing more serviceable to the State, than to continue the Life-guard; which gives me full Satisfaction to desire your Lordships, that the Proposition for the reducing of the same may go on; and for those Gentlemen that go off the Employment for the Life-guard, and receive not Entertainment in the Army, I shall be a Suitor unto both Houses of Parliament to take them into Consideration for their Arrears; which will add to those Favours which must always be acknowledged from
Chidley, Feb. 3, 1645.
"Your Lordship's humble Servant,
"Tho. Fairfax.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore."
Upon this, the Votes brought from the House of Commons were read; videlicet,
"Resolved, &c. That the Life-guard shall be reduced; and that the whole Troop shall be suddenly paid off, except such as shall be employed as Officers in a Regiment of Firelocks."
Agreed to, upon the Question.
"2. Resolved, &c. That there shall be a Regiment of Firelocks raised for the General's Guard, instead of the Life-guard, consisting of Five Hundred, divided into Five Companies, under a Major and Four Captains, the Common Soldier to have 12d. each per Diem, the Officers as Foot Officers of their Qualities; and that as many of the Life-guard as the General shall think fit be employed as Officers in this Regiment of Firelocks."
Agreed to.
"3. That the Regiment of Firelocks be taken in, and be made Part of his Army; and that the General do put Officers over them."
Next, the List of the Daily and Monthly Pay for Five Hundred Firelocks for the General's Guard, was read, and Agreed to. (Here enter it.)
A Message was brought from the House of Commons, by Sir Tho. Dacres Knight;
1. To desire their Lordships Concurrence in divers Ordinances:
1. An Ordinance for the Scotts Army to have Fifteen Thousand Pounds.
2. An Ordinance for One Thousand Pounds for Colonel Mitton, out of the Excise.
3. An Ordinance for Two Thousand Five Hundred Pounds to Colonel Sanderson's Regiment.
4. An Order for Three Thousand Pounds for poor Women.
5. An Ordinance for taxing Six Hundred Pounds Weekly upon the County of Hereford. for Maintenance of the Forces of that County, for Nine Months.
2. To desire that their Lordships would please to give a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Propositions to be speedily sent away to the King.
Ordered, To give a Conference, as is desired, Tomorrow Morning, at Ten of the Clock, in the Painted Chamber.
That this House will give a Conference To-morrow Morning, at Ten a Clock, in the Painted Chamber; as for the rest of the Particulars of this Message, their Lordships will take them into Consideration, and send an Answer by Messengers of their own.
Next, the House took into Consideration the communicating the Vote of the reducing (fn. 2) the Scotts Horse.
And the Question was put, "Whether that the Vote for reducing of the supernumerary Horse in the Scotts Army shall be communicated to the Scotts Commissioners by the Members of both Houses that are of the Committee of both Kingdoms, according to the Desire of the House of Commons?"
And it was Resolved in the Affirmative.
Next, the House took into Consideration those Alterations in the Ordinance concerning Martial Law, which were not Resolved on Yesterday.
Resolved upon the Question, That this House agrees with the House of Commons in leaving out the Word ["concurring"].
The Question was put, "Whether to have the Proviso left out, according to the Desire of the House of Commons?"
And it was Resolved in the Negative.
Ordered, To have (fn. 3) a Conference with the House of Commons, to let them know the Resolutions of this House concerning the Alterations in the Ordinance for Martial Law.
Ordered, That the Earl of Essex, Earl of Midd. Earl of Nottingham, Lord Robertes, Lord Mountague, and the Lord Bruce, be added to the Committee of Lords and Commons for Sequestrations; and the Concurrence of the House of Commons to be desired herein.
A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:
1. To let them know, that this House concurs with them, that the Members of both Houses that are of the Committee of both Kingdoms do communicate to the Scotts Commissioners the Vote concerning the reducing of the Scotch supernumerary Horse.
2. To desire their Concurrence, for the Earls of Essex, Midd. Nottingham, and the Lord Robertes, Lord Mountague, and the Lord Bruce, be added to the Committee of Lords and Commons for Sequestrations.
3. To desire that, at the Conference To-morrow Morning, their Lordships may communicate to them some Things concerning the Ordinance for Martial Law.
4. To put them in Mind of the Lady Drake's Business.
5. To put them in Mind of the Earl of Stamford's Business.
6. To recommend to them the Petition of the Lord Buckhurst.
This Day the House heard the Counsel of John Lilborne, concerning the unjust and illegal Proceedings and Sentencing of him in the Court of Star-chamber; which Cause was transmitted from the House of Commons to receive the Judgement of this House, and for the Reparation of the said John Lylborne.
The Case was thus:
"Upon the 6th of December, 1637, John Lylborne was attached, by a Warrant from Sir John Lambe, Doctor Aylett, and Doctor Gwinn, and committed to The Gate-house in Westm. without their calling of him before them, or examining of him; and within Three Days (by the Warrant from the Council Board) was removed to The Fleete: After this, he was sent for by Sir John Banks, to be examined upon Interrogatories concerning himself; and he, knowing it to be contrary to Law, did refuse to answer.
"In Hillary Term, he was brought to the Bar in the Star-chamber, where there was no Bill or Writing against him; but an Oath tendered him, to make true Answer to all such Questions as by that Court should be demanded of him; which he refused to do, as illegal: Whereupon he was again committed close Prisoner to The Fleete, and ordered to be carried before Mr. Goade, then an Officer of the Star-chamber, to be examined, in case he refused to be brought again to the Bar in the Star-chamber the next Court Day, to receive his Sentence; and he refusing (upon the former Grounds) to answer Mr. Goade's Interrogatories, he was brought to the Bar, where Sir John Bankes the King's Attorney accused him with a verbal Accusation; upon which the aforesaid Oath was again tendered, which he refused as before, and thereupon was sentenced to pay Five Hundred Pounds to the King, and to continue Prisoner till he would conform to the Obedience and Orders of that Court, and to be whipped at a Cart's Tail, and to stand upon the Pillory, and to be bound with good Sureties to the good Behaviour.
"In Pursuance and Execution of this Sentence, the said John Lilborne was, the 18th of April next after, by divers Officers, carried out of The Fleete, into the open Street at Fleete Bridge, where a Cart was ready, and he commanded to be stripped, (fn. 4) namely from the Waste upwards, was tied by the Hands to the Cart's Tail, and whipped from that Place all along the Streets to Westm. Pallace Yard, where he was set in the Pillory for the Space of Two Hours.
"And he being willing to declare to the People the Innocency of his Cause; as he was speaking, the Warden of The Fleete had Command from the Court of the Star-chamber, to put a Gag in his Mouth; which was accordingly done, with much Cruelty, for the Space of One Hour and a Half.
"After this, the Court of Star-chamber made an Order, dated the 18th of April, 1638, That the said John Lilborne be laid alone (with Irons on his Hands and Legs) in the Wards of The Fleete, where the basest Sort of Prisoners used to be put; and that the Warden of The Fleete take special Care to hinder the Resort of any Persons whatsoever unto him."
And all the particular Matters of Fact being fully proved at this Bar, by divers Witnesses upon Oath;
The Counsel desired, "That their Lordships would vacate the said Sentence, as unjust, illegal, and contrary to the Liberty of the Subject; and give Reparations to the said John Lilborne, as their Lordships shall think fit."
The House taking this Business into mature Consideration; it was Ordered, Adjudged, and Decreed, Nemine Contradicente, That the said Sentence against John Lylborne is illegal, unjust, and against the Liberty of the Subject; and this House doth hereby declare the said Sentence to be null and vacated, and to be taken off the File.
Ordered, That as concerning Reparations to John Lylburne, this House will (fn. 5) take the same into further Consideration some other Time.
Ordered, by the Lords in Parliament, That Sir Nathaniell Brent Knight, Vicar General of the Province of Canterbury, or such other as he shall appoint, are hereby authorized and directed, upon Sight of this Order, to institute and induct Joseph Lee Clerk; and Batchelor of Arts, to the Rectory of Cottesbatch, in the County of Leicester, and Diocese of Lincolne; the said Mr. Lee producing his Presentation thereunto from the Right Honourable Wm. Lord Viscount Say & Seale, Master of the Court of Wards and Liveries, who hath presented him: And this to be a sufficient Authority in that Behalf."
An Ordinance for the regulating the University of Cambridge.
"Whereas it is of very much Concernment for the Welfare both of the Church and Kingdom, that there be constant good Preaching continued in the University of Cambridge: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Masters of the several Colleges and Halls in Cambridge, (videlicet,) Doctor Bambridge Master of Christ's Colledge, Doctor Love Master of Corpus Christi Colledge, Doctor Badgcroft Master of Cayus Colledge, Doctor Rainsbowe Master of Magdalen Colledge, Doctor Minshall Master of Sidney Colledge, Mr. Anthony Tuckney Master of Emanuell Colledge, Mr. Herbert Palmer Master of Queene's Colledge, Mr. John Arrowsmith Master of St. John's Colledge, Mr. Thomas Hill Master of Trinity Colledge, Mr. Thomas Young Master of Jesus Colledge, Mr. Richard Vynes Master of Pembrooke Hall, Mr. William Spurstow Master of Katherin Hall, Mr. Lazarus Seaman Master of Peter House, Mr. Benjamin Whitchcott Provost of King's Colledge, Mr. Ralph Cudworth Master of Clare Hall, do take Care themselves to supply the Morning Course every Lord'sday, by Preaching at St. Marye's, unless by Sickness, or necessary Absence, or some other sufficient Reason, they be hindered; and in such Case the Parties so hindered are to procure others in their Places: It is further Ordered and Ordained, by the Authority aforesaid, That the Heads of Houses do take Care that there be such a Combination for every Lord's-day in the Afternoon, as may then also maintain a constant Course of orthodox and edifying Sermons there; and that they do likewise take Care that there be good Preaching in the University Church on Fast-day, and Days of Thanksgiving: The Vice Chancellor for the Time being is hereby Required and Ordered to see these things duly performed.
And whereas the Government of Trinity Colledge is settled in the Master and Eight Seniors, whereof divers of them have been ejected: Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Mr. Harrison, Mr. Culverwell, Mr. Croydon Junior, and Mr. Bradshaw, be made Seniors in that College; and they are hereby enabled to act as Seniors there, to all Intents and Purposes: It is further Ordained, by the Lords and Commons assembled in Parliament, That George Griffith Master of Arts, Thomas Disney, John Davies, Robert Twisse, Thomas Jacombe, John Templer, John Badcock, Charles Robotham, Batchelors of Arts, shall be admitted into the Fellowships of Trinity Colledge now vacant by Ejectment, and shall enjoy the Profit and Benefit belonging to the said Fellowships, and exercise the Power of Fellows in the said College.
It is likewise hereby Ordained, by the Lords and Commons assembled in Parliament, That other Colleges in the said University of Cambridge shall choose Fellows into the Places now vacant by Ejectment, according to their usual and accustomed Manner, as if the Fellows so ejected had been naturally dead, or resigned their Fellowships.
It is also further Ordered and Ordained, That Jesus Colledge and Peter House shall have Power, and are hereby enabled, to elect and admit Fellows into the respective Colleges, without presenting any Names to any Bishop."
A List of the Daily and Monthly Pay of Five Hundred Firelocks, with Officers necessary for the same, for the General's Guard, the Pay of the Officers according to the Entertainment of the Foot Officers in the Army under Sir Thomas Fairefax' (fn. 6) Command.
"Per Diem. Per Mensem.
£. s. d. £. s. d.
General Officers; (viz.)"Major, 9 0 12 12 0
Quarter-Master, 5 0 07 00 0
Provost Marshal, 5 0 07 00 0
Chirurgeon, 4 0 05 12 0
Sum, 23 0 32 04 0
Three Companies of Firelocks, viz. Captain, 15 0 21 00 0
Lieutenant, 4 0 05 12 0
Ensign, 3 0 04 04 0
Two Serjeants at 18d. each, 3 0 04 04 0
Three Corporals and Two Drums at 12d. each, 5 0 07 00 0
100 Soldiers at 12d. each, 100 0 110 00 0
Sum, £. 6 10 0 182 00 0
According to which Rates the Pay of Four such Companies more, each consisting of 100 men besides Officers, 26 0 0 728 00 0
Sum, £. 32 10 0 910 00 0
Sum Total, £. 33 13 0 942 04 0
Whereof there is to be respited upon the Public Faith according to the Ordinance, One Third of the Major's Pay at 3s. per Diem, of the Provost Marshal's Pay at 1s. 8d. per Diem, and One Third of a Quarter-master's Pay at 1s. 8d. per Diem, and Half the Pay of each of the Five Captains at 7s. 6d. per Diem; in all, 2 03 10 61 07 4
De Claro. De Claro.
£. 31 09 2 880 16 8
To the Right Honourable the House of Peers assembled in Parliament.
The humble Petition of the Assembly of Divines sitting by Ordinance of Parliament at Westn.
"The Assembly of Divines calling to Mind that the Honourable Houses of Parliament, out of their Care for the Good of the Church, have published a late Ordinance for the Ordination of Ministers in the several Classical Presbyteries; and considering the great and pressing Necessity of putting the same into speedy Execution, by reason of the general Want of able Ministers in very many Parts of the Kingdom, whereby the People are utterly destitute of the Ordinances of Christ amongst them, notwithstanding there be many pious and learned Persons fit for so weighty a Service, and willing to enter into the Ministry, if this Door were open for their Admission; do therefore humbly pray this Honourable House, for the promoting of so important a Business, to take some effectual Course for the present setting-up of Classical Presbyteries, and that they may be required presently to act as to this Particular; and because such Presbyteries cannot haply be set up so speedily in all Places as might be desired, that therefore those which shall be first settled may have Power to ordain for the Places next adjoining, till their own shall be erected; and they farther humbly pray, that, for the healing of so many abounding Evils amongst us, the rest of the Government may be settled, according to the Word of God and our solemn Covenant, with all convenient Speed, as the other weighty Affairs of the Kingdom will permit, and as to the Wisdom of this Honourable House shall seem meet.
And they shall humbly pray, &c.
Cor. Burgesse, Prolocutor pro Tempore.
Henry Robrough, Scriba.
Adoniram Byfeild, Scriba."
1. Deest in Originali.
4. Origin. name.
6. Origin. Army.