Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 21 die Martii.
Ds. La Warr.
Ordinance concerning Westm. Coll.
An Ordinance was read, for granting the like Power to the Committee of the College of Westm. as is granted to the Committee for the Revenue; and, being agreed to, it is ordered to be sent to the House of Commons, for their Concurrence.
Answer from the H. C.
Letter from the Commissioners in Scotland.
Message from the H. C. with Ordinances and Orders;— with an Agreement for Maj. Westmerland to go to Ireland;— with Committees Names for Bucks;— with Commanders Names for Ships;—and with Letters concerning Pembrooke Castle.
That as to the Commanders in the Summer's Fleet, and the Ordinance concerning the Scotts Officers, they (fn. 1) will send an Answer by Messengers of their own: To the rest, their Lordships will send an Answer by Messengers of their own.
Captain Gardiner's Orders.
The Order for Payment of Seven Hundred Fifteen Pounds to Captain Sam. Gardiner, was read, and Agreed (fn. 2) to. (Here enter it.)
Paper from the French Ambassador, for De Giury, One of the Fr. King's Equerries, to be released.
A Paper from the French Ambassador was presented to the House; complaining, "That De Giury, One of the 'Querries to the French King, being sent over into England to buy Horses for his Master, is arrested for Matters and Crimes committed by him in the late War; and (fn. 3) desires he may be released, being Servant to the French King."
"That the French (fn. 1) Ambassador shall be desired to send away Mr. De Giury into France, as a Person against whom they have great Cause of Exceptions; and desire that, for the future, the King his Master would no more employ him into these Parts; where they do not for this Time proceed against him, out of a Respect they bear to the French King, and the Representation of His Ambassador."
De Giury to leave the Kingdom immediately.
Sir J. Brooke's Claim to the Barony of Cobham.
Report from the Committee at Derby House, concerning the E. of Ormond.
Message from the H. C. with an Impeachment against Sir John Gayer, Bunce, Adams, and Langham, Aldermen of London;
"That the Knights, Citizens, and Burgesses of the House of Commons had sent him up, with Articles of Impeachment against Sir John Gayer Knight and Alderman of London, which was in Maintenance of their former Charge, whereby he stands charged by them of High Treason, and other High Crimes and Misdemeanors: That the Knights, Citizens, and Burgesses of the House of Commons had also sent him up with Articles of Impeachment against James Bunce, Thomas Adams, and John Langham, Aldermen of London, containing Matter of High Treason, and other High Crimes and Misdemeanors; by virtue of which Articles of Impeachment, the said James Bunce, Thomas Adams, and John Langham, stood thereby charged and impeached: And he did now, in the Name of the House of Commons; and of all the Commons of England, impeach the said James Bunch, Thomas Adams, and John Langham, of High Treason, for levying of War against the King, Parliament, and Kingdom, and of other High Crimes and Misdemeanors. He desired their Lordships would put the aforesaid impeached Aldermen to their Answers; and that such Proceedings might be thereupon had, as to Justice and the Course of Parliament doth appertain: That the House of Commons are ready with their Evidence. And said, That the Four impeached Aldermen are, by virtue of an Order from the House of Commons, now Prisoners in The Tower of London."
and for a Conference about Religion; and Col. Whalley's Ordinance.
2. He desired their Lordships would please to give a Conference, so soon as it may stand with their Lordships Conveniency, (fn. 4) concerning Matter of Religion, and Colonel Whaley's Ordinance.
Answer to the H. C.
That this House appoints a Conference To-morrow, at Eleven of the Clock, as is desired: To all the rest of the Message, their Lordships will take them into Consideration, and return an Answer by Messengers of their own.
Mordant to be attached.
Message to the H. C. about the following Particulars.
E. of Ormond's Money to be paid him.
Ordered, That this Sense be sent down to the House of Commons, with the Report concerning the Earl of Ormond, "That (fn. 5) this House fees no Reason why the Money should be stopt; but that it be paid by the Treasurers of Goldsmith Hall, according to former Order; and therefore think it fit that Directions be given for the Payment of it."
Swan to be Instituted to Wells cum Ickham.
Ordered, That Doctor Heath give Institution and Induction unto Jo. Swan Clerk, Master of Arts, to the Rectory of Wells cum Ickham, in Com. Kent, void by the Death of Will'm Kingsley, last Incumbent, salvo Jure cujuscunque: Great Seal.
Order for discharging L. Wharton from 2000l. formerly lent him.
Ordered, by the Lords and Commons assembled in Parliament, That the Lord Wharton and his Assigns be, and hereby are, fully acquitted and discharged of and from the Sum of Two Thousand Pounds, lent and furnished unto him for Supply of his present Necessities, upon an Order of both Houses, of 17th of July, 1645, by the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall, and of and from all Demands whatsoever for or in respect of the said Two Thousand Pounds so lent and furnished as aforesaid: And the said Committee, and all others whom it doth or may concern, are hereby required to take Notice hereof, and to acquit and discharge the said Lord Wharton and his Assigns accordingly; the said Order, or any Thing to the contrary hereof, in any Wise notwithstanding."
Order for 5120l. for Lord Grey, as Major General, and in Satisfaction of all Demands.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Thousand One Hundred and Twenty Pounds, due unto the Lord Grey as Major General, and in Satisfaction of all Demands and Dues demandable by the said Lord Grey, be paid unto him the said Lord Grey, or his Assigns, out of the Sequestration of the Earl of Chesterfeild's Estate; and the several and respective Committees or Commissioners, Sequestrators, Solicitors, and Treasurers, in the several Counties where the said Estate or any Part thereof lies, are hereby authorized and required to take Notice of this Order; and to pay unto the said Lord Grey, or his Assignees, the Rents and Profits arising from the said sequestered Estate, from Time to Time, as they shall grow due, until the said Sum of Five Thousand One Hundred and Twenty Pounds be fully paid and satisfied: And the Acquittance of the said Lord Grey, or his Assignees, shall be from Time to Time a sufficient Warrant and Discharge to the said Committee or Commissioners, Sequestrators, Solicitors, and Treasurers, as likewise to the Tenants, for so much as shall be paid and received by the said Lord Grey, or his Assigns, by virtue of this Order."
Order for Delivery of the Seals of the County Palatine of Lancaster, &c. to Sir Gil. Gerrard.
"Whereas, by an Ordinance of both Houses of Parliament, bearing Date the 17th of this Instant March, Sir Gilbert Gerrard Baronet is made, appointed, and constituted, Chancellor of the Dutchy of Lancaster, and Chancellor of the County Palatine of Lancaster, and the Clerk of the said Dutchy is thereby ordered to prepare a Patent, in the usual Form, to pass the Seals of the said Dutchy and County Palatine, accordingly: The Lords and Commons assembled in Parliament do therefore order and ordain, and be it hereby Ordered and Ordained, That William Lord Grey of Werke and William Lenthall Esquire (who have executed the said Places of Chancellor by virtue of an Ordinance of Parliament, bearing Date the 10th of February 1644) do forthwith send to Christopher Banister Esquire, Vice Chancellor of the County Palatine of Lancaster, for the Seal of the said County Palatine remaining with him, and the same receive into their Hands; and that they do, upon Receipt thereof, deliver the same, as also the Seal of the Dutchy of Lancaster (now in their Keeping), unto Edward Earl of Manchester Speaker of the House of Peers pro Tempore, and William Lenthall Esquire Speaker of the House of Commons, who are thereupon to affix the said several Seals to the said Grant, and to administer to the said Sir Gilbert Gerard the Oath usually administered to the Chancellor of the said Dutchy and County Palatine; and, after the said Oath administered, to deliver both the said Seals to the said Sir Gilbert Gerrard, to be by him kept, as Chancellor of the said Dutchy and County Palatine: And for the Delivery of the said Seals accordingly, this Ordinance shall be a sufficient Warrant to all and every the Persons before named respectively."
"Articles of Agreement between the Committee of Lords and Commons for the Affairs of Ireland at Derby House, and Major Mathias Westmerland, for the carrying of Six Hundred Men into Ireland, for the Regiment of Colonel Conway.
Articles of Agreement between the Committee for Ireland at Derby House and Major Westmerland, for carrying 600 Men to Ireland, for Col. Conway's Regiment.
"2. That he may have the Election of Three Captains (whereof Captain Landon to be One), Three Lieutenants, Three Ensigns, Twelve Serjeants, Twelve Drums, Fifteen Corporals, and Two Gentlemen at Arms; all to be approved by the Committee.
"4. That, for himself and the rest of the Officers abovementioned, he may have an Assignment for a Month's Pay, according to the Establishment for Ireland, out of the Twenty Thousands Pounds upon the Excise, in Course.
"5. That, for Five Hundred Private Soldiers, he may have a Month's Pay, and Five Shillings for each Man for their Transportation, for which he is to have the like Assignment upon the Excise as aforesaid.
"7. That, for the Ease and Satisfaction of the Country, he may have Allowance of Six Pence per Diem for every Soldier that shall come to the Water-side as abovesaid after the 30th Day of March, and after that the Number of Fifty shall be come thither, for all the Time they are in Expectation of Wind and Weather, or of Shipping; to be likewise assigned out of the Twenty Thousand Pounds upon the Excise, in Course; and the said Assignment to be made when the Numbers of Men, and the Time of their Continuance there, shall be certified by Mr. Charles Walley, or any other whom this Committee shall appoint for that Service.
"Ordered, by the Lords and Commons, That the Monies now appointed to be issued out of the Twenty Thousand Pounds (formerly charged upon the Excise, in Course, for Supply of the Forces in Lemster), for the Advance of the Forces now agreed by Major Mathias Westmerland to be transported into Ireland, be re-paid unto the said Province of Lemster, out of the First Monies that shall come in for Ireland."
Order for Downing to be Comptroller of the Customs of Londonderry.
"It is Ordered, by the Lords and Commons in Parliament assembled, That George Downing Gentleman be appointed and constituted Comptroller of the Customs of London Derrey aforesaid, and Members thereof, in the Place of the said Maurice Jones; to have and to hold the said Office of Comptroller of the Customs of London Derry, and the Ports adjacent, during the Natural Life of the said George Downing, with all Fees, Profits, Commodities, and Emoluments, to the said Office of Right belonging, in as large, beneficial, and ample Manner and Form, to all Intents and Purposes, as the said Maurice Jones had, held, or enjoyed, the same."
Ordinance for Mr. Lisle to be Master of St. Crosse's Hospital.
"Whereas the Place of Master of St. Crosse's Hospitall, near Winchester, in the County of Southampton, is granted, by Ordinance of Parliament, unto John Lisle Esquire: It is Ordered, That Oliver St. John Esquire, His Majesty's Solicitor General, do prepare a Bill, in usual Form, containing a Grant of the said Place unto the said John Lisle, to hold the same to the said John Lisle (quamdiu se bene gesserit) in as ample and beneficial Manner, to all Intents and Purposes, as Sir Peter Younge, or any other Master, of the said House or Hospital, formerly of Right held and enjoyed the same; and the Commissioners of the Great Seal of England for the Time being are hereby authorized and required to pass the said Grant, so prepared, under the Great Seal, accordingly."
Committee for Berks.
"Ordered, by the Lords and Commons in Parliament assembled, That the Mayor of Reading for the Time being, Colonel Robert Hammond, Mr. Samuell Dunch, Mr. Rich. Knollys, Mr. Thomas Fettiplace, and Mr. Tymothy Avery, be added to the Committees for the County of Berks."
Order for 715l. to Capt. Gardiner.
"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Seven Hundred and Fifteen Pounds, due to Captain Samuell Gardiner for his Arrears upon his Entertainment, be paid to the said Captain Samuell Gardner, his Executors or Assigns, and be charged upon Gouldsmiths Hall, in Course; and that the Committee of Gouldsmiths Hall do pay the said Sum of Seven Hundred and Fifteen Pounds to the said Samuell Gardiner, his Executors or Assigns, accordingly: And the Acquittance of the said Samuell Gardiner, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discarge to the said Committee, for Payment thereof accordingly."
Order for Interest on 1440l. 7s. 7d. ordered to be paid to him.
"Whereas the Sum of Fourteen Hundred and Forty Pounds, Seven Shillings, Seven Pence, is ordered to be paid to Captain Samuell Gardner, his Executors or Assigns, and charged upon the Excise in Course: It is Ordered, by the Lords and Commons in Parliament assembled, That Interest for the said Sum of Fourteen Hundred and Forty Pounds, Seven Shillings, Seven Pence, after the Rate of Eight Pounds per Centum per Annum, be paid to the said Samuell Gardiner, his Executors or Assigns, every Six Months, until the said Sum of Fourteen Hundred and Forty Pounds, Seven Shillings, Seven Pence, be paid and satisfied unto the said Samuell Gardiner, and be charged upon the Sequestrations of the County of Worcester; and the Commissioners or Committee for Sequestrations for the said County are ordered to pay the said Interest accordingly: And the Acquittance of the said Samuell Gardiner, or his Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners or Committee of Sequestrations, or such other Person or Persons as shall pay the same."
Order for Payment of the Principal to him.
"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Fourteen Hundred and Forty Pounds, Seven Shillings, Seven Pence, disbursed by Captain Samuell Gardiner out of his own Purse, and due long since upon the Public Faith, be paid to the said Samuell Gardiner, his Executors or Assigns; and that the said Sum of Fourteen Hundred and Forty Pounds, Seven Shillings, Seven Pence, be charged upon the Excise, in Course; and the Commissioners or Committee of Excise are hereby ordered to pay the same to the said Samuell Gardiner, his Executors or Assigns, accordingly: And the Acquittance of the said Samuell Gardiner, his Executors or Assigns, testifying the Receipt thereof, shall be a sufficient Discharge to the said Commissioners or Committee of Excise, or such other Person or Persons as shall pay the same."
Letter from the Commissioners in Scotland, about an Intention to surprize Berwick.
"We received several Informations of some Designs on-foot for the Surprizing of Barwicke, which occasioned us (as we conceived was best for your Service) to write a Letter to them. This Day we received a Letter from the Mayor and Aldermen about the same Business; a Copy whereof, with a Letter from the Commoners here and ourselves, we sent to the Parliament of Scotland; from whom we have yet received no Answer. The Copies of the Particulars we have inclosed sent your Lordship. All which we submit to your Judgement; and shall ever remain,
Letters between them, and the Mayor, &c. of Berwick, about it.
"We have received certain Information of the late Meetings together of many great Delinquents in the North of England, who (we have good Reason to believe) are projecting Mischief, and none more probable at this Time than some Enterprizes to interrupt the Union and brotherly Agreement which (we hope) will ever be betwixt these Kingdoms of England and Scotland: Therefore, lest they should have some Design (in order thereunto) to surprize your Town of Berwicke, that by the Treaty betwixt the Kingdoms (which we know the Parliament of England is fully resolved to keep inviolable on their Parts) is to continue dismantled, and no Forces or Garrison to be put into it; we do earnestly entreat you, to give a strict Charge to the Watch of your Town, not to permit any Soldiers, nor any that have been in Arms against the Parliament in this War, to come into your Town of Berwicke for a short Time, until Things (by the Blessing of God) be better settled; and that you would have especial Care of it at the Time of this Horse Race near you; and that for a while you would prevent the like Meetings. All which, knowing your Affection to the Public, we shall not need to press further; only subscribe
"Since your Lordships Departure hence, we are credibly informed, that some Forces intend to surprize this Place To-morrow; and the rather it increased our Fears, for that we had certain Intelligence from Newcastle, that some Cavaliers should report, that they would make their Swords play at Berwicke; and perceiving divers come in this Day, making their Pretence to see the Horse Course intended in our Bounds To-morrow, we made Proclamation for Discharge of that Course; and accordingly do resolve to stand upon it, and have appointed Watchmen for that Purpose. Truly, the Reports are such, both from England and Scotland, as giveth just Occasion of our Jealousies, as we can make appear (if Occasion require) by sufficient Testimony; and therefore thought sit to send this Bearer of Purpose to acquaint your Honours herewith; humbly craving your good Advice in this our so great Concern, which, God assisting, we shall endeavour to observe. Referring the same to your good Considerations, we take Leave, and rest
"We have received your Letter, whereby we perceive your great Care to preserve your Town of Berwick from the Surprizes of the Enemies, to the Peace and Union of both Kingdoms; for which we return you Thanks, and entreat the Continuance of your Care; not doubting but you will be careful to keep within the Bounds of the Treaties betwixt both Kingdoms, Copies whereof we have here inclosed sent you; which is recommended to you by,
Letter from the Commissioners in Scotland, to the Lord Chancellor there, about it.
"This last Night we did receive a Letter from the Town of Berwicke (whereof the inclosed is a Copy), with a further Assurance from the Messenger, that they had good Information from several Parts, of a real Design in the Malignants to surprize the Town at this intended Horse Race; and that the Mayor and other the Magistrates of the Town (besides the Forbidding of the Horse Race) only appointed a Watch of Townsmen, for the preventing of such a Mischief. We thought it our Parts speedily to acquaint your Lordships with the Truth of this Business, to prevent all Misreports and Mistakes that might happen upon it; and entreat your Lordship to communicate the same to the Honourable the Parliament of Scotland; with this further, That, however the Delinquents are very industrious to interrupt the happy Union betwixt these Kingdoms, as that it stands most with their Interest, yet we doubt not but it will have this Effect, to make them more careful and diligent to continue and preserve (fn. 6) it. And as both Houses of the Parliament of England are resolved to keep the Treaty concerning this Town and all other Treaties betwixt both Kingdoms inviolable; so we have given such Directions to the Town of Berwicke, upon this Occasion, as may manifest the like Resolutions in,
Order for 3115l. for Arms, for Newcastle, Northumberland, Cumberland, &c.
"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Three Thousand One Hundred Fifteen Pounds, remaining in the Hands of Sir Thomas Widdrington and Mr. George Payler, appointed by former Order to be disposed of for providing Arms and Ammunition for the several Counties of Northumberland, Cumberland, Westmerland, Bishopric of Durham, and the Town and County of Newcastle upon Tyne, be forthwith paid, by the said Sir Thomas Widdrington and Mr. George Payler, to the Committee of the Army, or to such Person as they shall appoint to receive the same; and the Acquittance of the Committee of the Army, or of such Person as they shall appoint to receive the same, shall be a sufficient Discharge to the said Sir Thomas Widdrington and Mr. George Payler, for Payment thereof: And it is further Ordered, That the said Committee of the Army do forthwith pay the Sum of Six Hundred Twenty-three Pounds, being a Fifth Part of the said Sum of Three Thousand One Hundred Fifteen Pounds, which was formerly appointed to be disposed of for providing of Arms and Ammunition for the said Town and County of Newcastle, unto the Mayor and Burgesses of the said Town of Newcastle, towards the Repairing of the Walls of the said Town, the said Town and County being otherwise provided of Arms and Ammunition; and the Acquittance of the said Mayor and Burgesses for the Receipt thereof shall be a sufficient Discharge to such as shall pay the said Sum; and the Committee of the Army is further required to pay to Sir Henry Vane the Elder, and Mr. John Blackiston, or either of them, all such Sum and Sums of Money as they have furnished and stand engaged for since the Grant of the said Monies, for the providing of Powder, Arms, and Ammunition, for the said County of Durham, out of Six Hundred Twenty-three Pounds, allotted as a Fifth Part for the said County of Durham, and to dispose the Remainder thereof in Arms and Ammunition, for the Use of the said County of Duresme; and the Committee of the Army is hereby authorized and required to dispose Six Hundred Twenty-three Pounds, another Fifth Part thereof, in Arms and Ammunition, for the Use of the County of Northumberland, and to give Order that the said Arms and Ammunition be sent to the Town of Newcastle, to be disposed of in the said Two last mentioned Counties, into the Hands of Persons well-affected to the Parliament; as also to dispose of the Two Fifth Parts Residue, being One Thousand Two Hundred Forty-six Pounds, in Arms and Ammunition, or otherwise, for the Use and Service of the Counties of Westmerland and Cumberland, as the Committee of Derby House shall appoint."
Ordinance for Ld. Broghill to be Master of the Ordnance in Ireland.
"Whereas Sir John Borlace Knight, Master of the Ordnance for the Kingdom of Ireland, is lately deceased: We, the Lords and Commons assembled in Parliament, do hereby order and ordain Roger Lord Baron of Bro'hill to be Master of the Ordnance for the said Kingdom of Ireland; to receive and enjoy all Fees, Profits, and Perquisites, of Right belonging or appertaining to the said Place of Master of the Ordnance."
Doctor Hill to be Master of Trin. Col.
"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Solicitor General do prepare a Patent, to pass the Great Seal, for making Doctor Thomas Hill Master of Trinity Colledge, during his Natural Life; and that the Commissioners of the Great Seal be hereby authorized to pass the said Grant, so prepared, under the Great Seal, accordingly."