Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 22 Februarii, 1646.
Leave of Absence.
Judges for Welsh Circuits.
Ordered, That it be referred to the Committee for the Cheshire Ordinance to consider, What Fees were anciently allowed, and What they now are, to the Chief Justice of Chester; and the Assistant Justice; and to prepare an Establishment for a fitting Maintenance for those that shall be appointed Justices the r.
Commissioners at Holdenby.
Resolved, &c. That this House doth agree, and order, That John Crew Esquire, one of the Commissioners of Parliament, now at Holdenby, being indisposed in Health, shall have Liberty to come to Town for Ten Days, to take care of his Health.
Officers of the House.
Ordered, That the former Order for every Knight of the Shire to pay Twenty Shillings, and every Burgess Ten Shillings, to be employed towards the Recompence of the Service of such Officers and others, as do Service continually to the House and Committees, be revived, as to those that have not yet paid accordingly, whether came in upon Elections at the Beginning of the Parliament; and likewise to those that came in upon Elections since; to be distributed in manner, and to the Purposes, as is appointed by the said former Order.
The Lord of Ormond's own Proposition, in the Sixth Article of his additional Instructions to Sir Gerard Lowther, Sir Francis Willoughby, and Sir Paul Davies, was read; and, upon the Question, accepted; and agreed unto; and was in hæc verba; viz.
IN regard that my whole Fortune is now in the Possession, or within the Power, of the Rebels, so as I can make no manner of Use of it; as also for that I have not only, at my own Charge, in some sort, maintained the Honour and Dignity of my Place since the 21th of January 1643, which was the Day whereon I was sworn his Majesty's Lieutenant, but likewise contributed, in a considerable Proportion, to the Maintenance of the Army and Garisons now under my Command; and lastly, for that, by Means thereof, I am utterly unable to discharge the Debts I have contracted for my Support, whilst I employed my own to feed the Army, or to pay the Wages due to the Servants which I was necessitated to entertain in respect of the Place I held: For these Reasons I desired it may be humbly offered to the Nobleness and Honour of the Parliament, that, to free me from the Clamour of Creditors, to pay my Servants their Wages, and to transport and maintain myself, and my Family, in some sort befitting the Condition of a Gentleman, the Parliament will be pleased to command, That the Sum of Thirteen thousand Eight hundred Seventy-seven Pounds Fourteen Shillings and Ninepence be paid to such as I shall appoint, upon Bills of Exchange, accepted by sufficient Men in France, or Holland; to wit, the one Half upon Sight and at Six Months the other Half thereof; which is less than the just Sum which I have disbursed for maintaining the Garisons of Dublyn, Dundalk, Newry, Narrow Water, Green Castle, and Carlingford; not accounting my own Expence, nor the many other smaller Disbursements, spent merely for the Good of the said Garisons; and that I may be secured against any Molestation, by reason of the Engagements I have at any time entered into for the Publick Service, since the Beginning of this Rebellion.
These Instructions, and Offers, and Propositions, in pursuance thereof, made to the Lord of Ormond by the Commissioners employed unto him, and others, at Dublyn, were likewise read; and were in hæc verba; viz.
YOU may receive any Protestant, who hath not been in the Irish Rebellion, though he hath of late consented or submitted either to Cessation of Arms, or the Peace concluded with the Irish Rebels, so as they submit to the Parliament within Twenty Days after your sending unto them.
You are to employ such of the Officers now under the Lord of Ormond, as you shall think fit: And, where you displace any, you are to place other Officers, if they be necessary, or otherwise to see their Commands sufficiently discharged, until the Lord Lieutenant of Ireland take further Order.
You are to declare to the Lord of Ormond, the Earl of Roscomen, and the rest of those that signed the Instructions to Sir Gerard Lowther, Sir Francis Willoughby, and Sir Paul Davis, that the Parliament will take into their Care and Protection the Protestants of Ireland.
If the Lord of Ormond do, within Four Days, deliver up the Sword, render all the Garisons, and other Commands, to the Pleasure of the Parliament; then you, or any Three of you, are to give these ensuing Conditions; That the Lord of Ormond shall enjoy his Estate, without Molestation or Disturbance from the Parliament; and shall have Indemnity against all Debts contracted by reason of any Goods, Money, Debts, or Victuals, taken up by virtue of any Warrants, signed by him and the Council, from any Person, for the Maintenance and Support of the Armies, or any of the Garisons, now under his Command.
That he shall be protected in his Person and Goods, for the Space of Twelve Months, against all Suits, Arrests, Molestation, or Disturbance, from any Person whatsoever, for any Debts owing by him to any Person whatsoever before the Rebellion there.
The Lord of Ormond, and all such Noblemen, Gentlemen, and Officers, as shall be desirous to go with him, or by themselves, into any other Place, out of that Kingdom, shall have free Passes for themselves, their Families, Goods, and Travelling-Arms, and a competent Number of Servants, suitable to their respective Qualities.
The Lord of Ormond shall have Liberty to come and live here in England, with the like Liberty that others have, he submitting to all Ordinances of Parliament; and, for the Time of Twelve Months, shall not be pressed to any Oaths, he engaging his Honour to do nothing, in the mean time, that shall be Disservice to the Parliament.
You, or any Three of You, have also hereby Power given you to agree for such Allowances to be paid to others, by constant Pension, during the War of Ireland, for the better and more . . . . carrying on of this Work, as shall not exceed, in the whole, the Sum of Two thousand Pounds per Annum; and those Pensions to continue, till they can receive the like Benefit by their own Estates.
You, or any Three of you, may give to such Protestants, not having been in the Irish Rebellion, as you condition with, all Assurance of Security to their Persons, and to their Estates and Goods that they have in Ireland; and that they may live quietly and securely, under the Protection of the Parliament, and their Forces, either within England or Wales: And you may likewise assure them, that they shall enjoy those their Estates and Goods, without any Molestation or Question from the Parliament, as any others do who have not offended the Parliament; they submitting to all Ordinances of Parliament: And, if any of them have any Lands, or Estates, in England, they are to compound for the same at the Rate of Two Years Profit, as they were before the Beginning of these Troubles, they submitting to all Ordinances of Parliament.
Whereas we did, with our first Paper of the Sixteenth of November, deliver in to your Lordship an authentick Copy of the additional Instruction concerning the Protestants of Ireland, unto which your Lordship hath taken several Exceptions; we think good, for your Satisfaction therein, now to declare, That we intend that all Protestants whatsoever of the Kingdom of Ireland (not having been in the Irish Rebellion), shall be included in this Treaty, and receive the full Benefit expressed in the said Instruction; and that the Conditions implied in that Instruction, to be imposed on them, shall be understood as followeth; viz.
Whereas it is said, they shall enjoy those their Estates and Goods without any Molestation or Question from the Parliament, as any do who have not offended the Parliament, they submitting to all Ordinances of Parliament: By All Ordinances of Parliament, we only intend such Ordinances, whether already made, or to be made, as all others do submit unto who never offended the Parliament.
And whereas Liberty is given to compound for such Estates as any of them have in England, they submitting to all Ordinances of Parliament: By All Ordinances of Parliament we intend only such as all Persons now compounding in England, do submit unto; provided that all those that are thus admitted to their Compositions, do effectually prosecute the same within Six Months after the Publication of this Article.
Resolved, &c. That Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, and Richard Salwey Esquire, employed as Commissioners to the Lord of Ormond, and others, at Dublyn, shall have the Thanks of this House given unto them for their Care and Fidelity in Discharge of the great Trust reposed in them.
Mr. Speaker accordingly, by the Command of the House did give the Thanks of this House to Sir John Clotworthy and Mr. Richard Salwey, Members of this House present: And they are appointed to acquaint the rest of the Commissioners with this Order; and to give them the Thanks of this House.
Message to Lords.
Sir Robert Pye carried to the Lords for their Concurrence, the Ordinance for confirming to the several Persons the several Houses and Lands, Parcel of the Possessions of the Earl of Worcester, contracted for and sold by the Committee of the Revenue: The Declaration and Instructions concerning the Excise: The Acquittances presented by Alderman Gibbe and Mr. Noell, Treasurers for the Two hundred thousand Pounds paid by them to our Brethren of Scotland: And is appointed to desire them, that, as the said Acquittances are entered in the Journals of this House, so that they may be entered in the Journals of their House, and afterwards transmitted to the Exchequer, and entered there.
He likewise carried the Ordinance for Twelve thousand Pounds for Cheshire: The Ordinance for Fifty Pounds per Week to the Widows: The Vote concerning Judges in Wales: The Vote for Mr. Bradshaw and Mr. Warburton to be Judges of Assize in Cheshire, &c.: The Votes for Sir Walter Erle and Mr. Crew to come from Holdenby.
Sir Robert Harley carried to the Lords, for their Concurrence, a Letter, to be sent from the Committee for the Affairs of Ireland at Derby House to the Lord of Ormond: The Vote for agreeing to the Lord of Ormond's Proposition, in the Sixth Article of his additional Instructions: The Vote for approving the Offers made to the Lord of Ormond by the Commissioners late employed to him.
Resolved, &c. That the Monies that shall be now provided for carrying on this Business of Dublyn, and the other Garisons, shall be paid to such as the Committee for the Affairs of Ireland, at Derby House, shall appoint; and shall be issued by their Order.
Ordered, by the Lords and Commons, That Fifteen thousand Pounds be charged upon the Receipts at Goldsmiths Hall; and paid by the Treasurers there to such as the Committee for the Affairs of Ireland, sitting in the Star Chamber, shall appoint to receive the same, to be issued by Order of the said Committee for the Affairs of Ireland: Three thousand Pounds thereof to be paid to the Lord of Ormond, upon his Delivery of Dublyn; and the remaining Twelve thousand Pounds to be employed for the Sending over of the Forces that are to be sent for the Receiving of Dublyn: And that the Acquittance of such Person or Persons as shall be authorized by the said Committee to receive the same, shall be a sufficient Warrant and Discharge to the Treasurers there, for the Paying of the said Fifteen thousand Pounds, accordingly. And, for the more speedy Payment of the Fifteen thousand Pounds, it is further Ordered, by the said Lords and Commons, that if any Person or Persons shall advance the said Fifteen thousand Pounds, or any Part thereof, that he shall have Allowance after the Rate at Eight Pounds per Cent. for a Year, payable every Six Months, for so long time as the same, or any Part thereof, shall be forborne: And, in regard the Preservation of the Kingdom of Ireland to the Crown of England is so much concerned in the speedy Furnishing of the said Fifteen thousand Pounds, the Lords and Commons do especially recommend the speedy Supplying thereof to the Commissioners at Goldsmiths Hall.
Ordered, That the Sum of Ten thousand Eight hundred Seventy-seven Pounds Fourteen Shillings Nine-pence be charged upon the Receipts at Goldsmiths Hall, and paid by the Treasurers there, unto such Person or Persons, as the Committee for the Affairs of Ireland, sitting in the StarChamber, shall appoint to receive the same; and is to be employed for satisfying the Bills of Exchange for the rest of the Money assigned to be paid and satisfied unto the Lord of Ormond, upon the Delivery of Dublyn: The which Sum is to be paid, the one Moiety at Sight, and the other Moiety at Six Months: And the Acquittance of such Person or Persons as shall be appointed by the said Committee for the Affairs of Ireland, shall be a sufficient Warrant and Discharge to the said Committee aud Treasurers there, for the Payment of the said Sum of Ten thousand Eight hundred Seventy-seven Pounds Fourteen Shillings Nine-pence, accordingly.
And it is further Ordered, that, if any Person shall lend the said Sum of Ten thousand Eight hundred Seventyseven Pounds Fourteen Shillings Nine-pence, or any Part thereof, so as the Times for Payment thereof may be complied with, that they shall have the Allowance of Eight Pounds per Cent. for a Year, payable every Six Months, by the Commissioners at Goldsmiths Hall, for so long time as any such Sum, so by such Person advanced, shall be forborne.
Resolved, &c. That it be referred to the Committee for the Affairs of Ireland, at Derby House, to take care for putting in Execution the Orders and Votes of both Houses, concerning the Business of Dublyn, and the other Garisons; and to prosecute and carry on that Business.
Resolved, &c. That, on Monday Morning next, the Committee for the Affairs of Ireland, sitting in the StarChamber, do give an Account to this House, What Monies are charged upon the Ordinances for Ireland; What Monies are received, and How levied; What remains in Arrear; and How those Monies that have been levied, have been issued; What Commissions they have granted, and unto Whom; What Contracts they have made with such as they have granted Commissions unto; What Ports and Counties they have sent the Forces that are to go into Ireland; and What of those Forces are gone, and What are staying behind, and Why they are not gone.
Ordered, That the Committee for the Affairs of Ireland do give an Account of that Reference formerly made unto them, How the free Quarter taken of the Counties by the Soldiers sent into Ireland may be discharged.
Ordered, That the Members of this House, of the several Counties, do acquaint the Committee for the Affairs of Ireland with the several Informations and Complaints they have received from their several Counties, of the Abuses and Oppressions they lie under, by the Miscarriages and Misdemeanors of such Forces as are sent into those several Counties, to be transported into Ireland; and to advise with the said Committee upon some speedy and effectual Course for Redress of those Mischiefs.
Ordered, That it be referred to the Committee for the Affairs of Ireland, at Derby House, to consider of and peruse the Articles and Treaties between this Kingdom and the Kingdom of Scotland, concerning Ireland, and the Scotts Army there; and How Matters now stand in relation to those Forces; and to state the whole Matter of Fact to the House; and report their Opinions, What is fit to be done upon the Consideration of the Whole. They are further to consider of the Information given, concerning such Forces as are listed, and not in a Body, but follow their own Occasions.
Moore's, &c. Petition.
Ordered, That the humble Petition of Colonel John Moore, Colonel Roger Fenwick, and Major Robert Astley, in and on the Behalf of themselves, Officers, and the greatly-distressed English Soldiers, now residing in the Isle of Lecaile, in the Province of Ulster, in the Kingdom of Ireland, be referred to the Committee at Derby House.
Answers from Lords.
Sir Robert Pye brings Answer, That the Lords have passed, and agreed unto the Declaration and Instructions concerning the Excise: Have passed the Ordinance concerning Hill and Pennoier: They have passed the Ordinance for Fifty Pounds per Week to the Widows: They do agree to the Vote concerning the Judges in Wales: To the Vote for Mr. Bradshaw and Mr. Peter Warburton to be Judges of Assize in Cheshire, &c.: To the Votes for Sir Walter Erle and Mr. John Crew to come from Holdenby.
Sir Robert Harley brings Answer, That the Lords do agree to the Letter to be sent to the Lord of Ormond; and to the Votes for agreeing to the Lord of Ormond's Proposition, in the Sixth Article of his additional Instructions; and to the Vote for approving the Offers made by the Commissioners of Parliament to the Earl of Ormond.