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 Jovis, 3 die Februarii.
Ds. La Warr.
Mrs. Hylord's Ordinance.
Message to the H.C. with it; and Somerscal's Ordinance;- for Strong to be Minister of St. Dunstan's;- and for the Judges to go the Circuits.
Report of the Conference about the Sheriffs;
and about Mr. Glyn the Recorder, having been accessary to the Violence offered to the Houses, which drove the Speakers and other Members to the Army.
"Mr. Lisle began, "The Occasion of this Conference is concerning the Recorder of London. Your Lordships may please to call to Mind the Judgement and Declaration of Parliament against that horrid and actual Force upon the Parliament, the 26th of July, 1647; wherein all Votes, Orders, and Ordinances of Parliament, from the 26th of July, 1647, to the 6th August following, are declared null and void; and that they were so at the Making thereof.
"And although, in that Declaration, there is a General Proviso, That no Person shall be punished or exempted for acting upon those Votes, Orders, or Ordinances; yet that General Proviso is, among others, with this special Qualification; (videlicet,) ["Unless they were present, or, knowing of the said Force upon the Houses, did notwithstanding act upon those Votes obtained by Force as aforesaid."].
"Mr. Glyn, the Recorder of London, well knowing of that visible, insolent, horrid, and actual Force upon the Parliament, and well knowing what Orders and Ordinances of Parliament were thereby forced and extorted from the Houses; the next Day after, being present at the Common Council of London, when a Petition was there presented from some who were active in that horrid Force upon the Parliament, and thereupon Mention being made of those Votes so obtained; the Recorder of London did, in the Name of the Common Council, give Thanks to those Petitioners, for those Orders got by their Endeavours.
"I am likewise to inform your Lordships, That Mr. Glyn was present at the Militia, when those Votes were acted upon; and was also present at the Common Council, when Subscriptions were pressed for the Raising of One Hundred Thousand Pounds, for the carrying on those Designs, which were no less than the Raising of a new War, and the Levying of Forces to encounter with the Army, who was then advancing this Way to defend the Houses from those traiterous and most insolent Rioters. Your Lordships cannot but be exceeding sensible, that this new War must have inevitably brought the City, Kingdom, and Parliament, into certain Ruin and Confusion, if it had not been prevented by the great Mercy of God.
"It was Mr. Glyn's Duty, as he was then a Member of the House of Commons, to have opposed these most violent Proceedings against the Safety and Being of the Parliament. He was obliged to this as he was a Subject of the Kingdom; and it was his Duty as Recorder of London to have advised against those Proposals, which would have brought the City to the greatest Misery of any Part of the Kingdom. But he was so far (fn. 1) from opposing them, that those Noble Lords who were of the Close Committee for examining that Business are able to inform you how he did advance it.
"My Lords, The Offence being of this Nature, so destructive to the City, Parliament, and Kingdom; and Mr. Glyn having been thus discovered; the House of Commons do not think fit that he should be any longer continued to be Recorder of London, a Place of greater Concernment than to be so executed. As the continuing of this Gentleman may be dangerous, so it doth concern the Peace of the City and the Safety of the Parliament, especially at this Time, to have a Person of Ability and Integrity chosen in this Place. And the House of Commons, having received full Satisfaction concerning Mr. Stele, and of his great Ability in his Profession, and of his Fidelity and good Affections to the Parliament, have ordered that he may be recommended to the City of London, to be their Recorder, in the Place of Mr. Glyn: And thereupon they have passed these Two Votes, wherein they desire the Concurrence of your Lordships."
|"Mr. Scott began, and said, For the clearer evidencing of those Two Assertions; videlicet,||
That Mr. Recorder was knowing of the Force;
That he acted upon the Votes gained by the said Force;
"2. That, his House being under the Commons House, and some of his Family having so far taken Notice of the Force upon the House, and Restraint of the Members, as to convey in at the Windows some Bottles of Drink and other Supplies, he could not reasonably pretend Ignorance of the Force.
"3. That, for the fuller Clearing of his Knowledge of the Premises, and to leave him without Excuse, or Possibility of Denial, Mr. Scott exhibited the original Petition of those Apprentices and others, presented to the Common Council on Tuesday, the Day after the Tumult; wherein they set forth, That, by their Applications, and upon their Desires, the Houses had the Day before re-called their Ordinance for the Militia, and re-settling the same, as by the Ordinance of the Fourth of May; and that some of those very Hands that signed and presented that Petition to the House of Commons that Day before did sign and present this to the Common Council: Notwithstanding which clear and undeniable Evidence, Mr. Recorder, then present, in the Name of the Common Council, did give the said Petitioners Thanks for their good Affections.
"4. That Mr. Recorder was present at the Militia, though no Member of that Committee, when they (contrary to the Engagement of the Common Council, made to the City Commissioners then resident at the Army) went about to nominate and elect a Commander in Chief; and that, when it was objected by some amongst them, that the Ordinance by which they sat, giving them Power to appoint Colonels, Captains, and other Officers, did not warrant them to proceed ascendendo, and to choose Major Generals, or other Commander above Colonels; and One of them appealing to Mr. Recorder for his Judgement therein, he was pleased to be silent, and to give no Opinion, whereby probably the Election of Major General Massey to command their Forces (which could be raised for no other End than to abet and maintain the Force upon the Houses and the Votes so gained) was so suddenly (fn. 2) proceeded in.
"5. That Mr. Recorder was also present with the Lord Mayor and Militia, when Endeavours were used to engage the Watermen in, to list themselves for this Service, whereupon afterwards Account was given of Four Thousand so listed."
"He said further, "That it was observed that Mr. Recorder was oftener present at the Militia and Common Council in the Six or Seven Days that the Speakers and Members were absent from the Houses than in Six Months before.
1. And in special, that he was present at the Common Council, when there was a Proposition and some Progress made for the raising, by Subscriptions and otherwise, One Hundred Thousand Pounds, for Maintenance of their Forces, and carrying on this new War; and that he the said Mr. Recorder did not discountenance the said Subscriptions and intended Levies.
"2. That he was also present at the Common Council, when they passed their Declaration of the 1st August; which was also that Day commanded to be published in all the Churches and Chapels, within the City, Line, and Parishes within the Weekly Bills of Mortality; in which Declaration the Force upon the Houses was justified.
"4. A Resolution to bring the King, without Satisfaction or Security, which both Houses and both Kingdoms had judged necessary to precede; not upon His own Terms, or the Conditions of the 12th of May, but without any Terms or Conditions at all; is zealously undertaken.
"And 5ly, The Parliament's Army is declared their Enemy, not only for desiring the Parliament to translate the Militia to the old approved Hands, or for marching towards London to restore the Parliament to their Freedom, Safety, and Honour; but for their taking Free Quarter, though disabled to pay their Quarters; the City by themselves were more than any Part of the Kingdom in Arrear of Pay to the Army.
"For the First of which, he recited that Part of the Declaration following; and where they say, "They could do no less than they had done for their Militia;" which Militia was gained to them by the Force of those Apprentices and others; and, so gained, was thought fit to be retained by them by Force, and though with the Hazard of a new War.
"2. For the Engagement, they say, That, in that Declaration, it might be occasioned by Rumours from the Army, and precedented by the Proceedings of the Army; but in no Sort disavowing or testifying any Dislike of the same.
"3. For the King; they say, They have always desired His Return, and now more passionately; and that He might be left absolutely free, and not kept under the Restraint or Power of an Army: For that otherwise they could not expect the King could be inclined to grant any Propositions of Peace; or that, being so granted, themselves or their Posterity should enjoy the Fruits of those Concessions; laying thereby (quantum in illis fuit) a Prejudice or Invalidity in the Parliament's Applications to the King.
"And as to the Army, prout in the Declaration, with the Reflection also on the Ordinances and Resolutions of Parliament, That the Militia, re-called at the Request of the Army (though often denied when nearer) in their retrograde Motion Forty Miles distant, and spread near Two Hundred asunder, should be the Effect of Force; but the recalling of that Revocation, by Means of a present visible, horrid Violence upon the Houses, should be the Act of a Free Parliament.
"Now, in that Mr. Recorder did not oppose or discountenance such a Declaration, which the Reverence of his Parts, as well as the Interest of his Place, might have gone far to have prevented; and for the fore recited Reasons, the House of Commons (having disabled him to be any longer a Member of their House) have thought it not fit that he should continue his Interest and Place in the City, where his Influence is so potent, and the Effect of it may be so dangerous; and, having voted him to be removed from that Place, desire the Concurrence of the Lords therein."
Report to be made about it.
Leave for the Sheriff of North'ton to live out of the County.
An Order was read, That the Sheriff of the County of North'ton shall have Leave to live out of the County, during his Place of Sheriff; and the Concurrence of the House of Commons to be desired herein.
Lloyd to be Sheriff of Carmarth.
Conference to be had about the Sheriff.
Sir T. Maleverer and E. of Bridgewater.
Lloyd and Morgan.
L. Mohun and Sir H. Carew & al.
Ordered, That this House leaves it to Sir Henry Carew and others, to make what Benefit they think fit of those Lands which they are now possessed of, notwithstanding the Order of this House of the 4th January, 1647: And if the Lord Mohun will go to a Trial at Law, with the said Sir Henry Carew and others, about those Lands which are in Question between them, then his Lordship is to make Benefit of those Lands which he is possessed of; otherwise the said Order of the 4th January is to be in Force against the Lord Mohun.
Sir T. Bridges's Ordinance.
Printing Papers of the Assembly.
E. of Anglesea, Crew, and Parramour, to be apprehended, for a Riot in The New Exchange.
It is Ordered, That Mr. Justice Bacon shall forthwith, upon Sight of this Order, issue out his Warrant, for the apprehending the Earl of Anglesey, Mr. Crewe, and Mr. Parramore, and such others as he shall see Cause for, and examine the Matter of Complaint contained in this Petition; and that he commit the said Earl of Anglesey, Mr. Crew, and Mr. Parramour, and such others as he shall see Cause for, according to Law; and that he take such further Course for the Prosecution of the said Parties, that they may be brought to a due Trial, and may receive Punishment, according to Law.
Westm. and London Militia Committee to suppress riotous Meetings.
The Lords in Parliament assembled, taking Notice of divers riotous Meetings, that are daily in several Places about the City of Westm. and Liberties, do order, That the Committee of the Militia of Westm. do presently, upon Sight hereof, take Order for the suppressing and preventing such Meetings, and especially in The New Exchange.
Mrs. Searl's Petition.
Letter from Col. Jones.
Impeached Lords to put in their Answers.
Sir J. Maynard to be brought to the Bar, to receive his Charge.
Ordered, That the Lieutenant of The Tower of London shall bring to this Bar Sir John Maynard on Saturday Morning next, to receive his Charge of High Treason, and other High Crimes and Misdemeanors, brought from the House of Commons against him.
Inhabitants of The New Exchange Petition, against the E. of Anglesea, Crew, Parramour, & al. for Riots committed there.
"That divers and sundry debauched Gentry and others have of late several Times riotously committed many Violences and Batteries upon your Petitioners Persons and Servants, in their Shops, to the Danger of their Lives and Estates; some of whom, having been sued to Outlawry, and taken thereon, have evaded the due Course of the Law, through their Interest in, and Connivance of, Sheriffs and their Officers, and more particularly the Earl of Anglesey, Crew, and Parramour, and some others in Company with them, being unanswered by a modest Maid to their uncivil and lascivious Questions, assaulted her in her Shop, threatened her Life, forced her [ (fn. 3) by Flight] to preserve it; and, in Prosecution of that Force, struck her next Neighbour, and, thrusting with their Weapons at him, had killed him, but that another Neighbour diverted them, whom they cut dangerously in the Head, and thrust through the Arm and into the Body, which is conceived to be mortal; and, at their Departure, marched with their Swords drawn, and Pistol ready, swearing, "Damme, they would kill all that should offer to resist them;" and threatened to come again in the same Manner to the same End: All which divers of your Petitioners are ready to aver.
"May it therefore please your Honours, to take the Premises into Consideration; and to grant your Petitioners such speedy Redress herein, as your Wisdoms shall think meet, considering the great Danger they are in.
Letter from Col. Jones in Ireland, that he has sent Parties to pillage the Enemy's Quarters; and desiring Supplies for his Army.
"About the 24th of November, I marched out into the County of Wickloe; therein, as to promote the Public Service, so to provide for the Necessities of this Army, which otherwise could not have subsisted in so great Wants, it being now full Five Months since any of the Troopers, or any Officer of either Horse or Foot, received any One Penny. I continued in the Field full Six Weeks, all that Time maintaining about Two Thousand Foot and Eight Hundred Horse upon the Enemy's Quarters therein. I have placed One Thousand Foot and a Troop of Horse in Three several considerable Garrisons, at Powrscourt, Killingcargie, and the Castle at Wickloe, a Place now impregnable, and opening the Way further into the County and the adjoining County of Wexford; wherein I had proceeded, were I not shortened in Ammunition, the Store affording then but Twenty-six Barrels of Powder: But being now, in the Coming of Captain Penrosse, better provided, I purpose, after some short Refreshment, to take the Field again for destroying the Enemy's Quarters, which is now in doing in the County of Westmeath by Two of our Parties which I have sent out, the one commanded by Sir Henry Tishborne, the other by Colonel Poinbenby. I cannot but mind your Honour of the Particulars desired in my former Letters, for putting this your Army into a Condition of Service; without which they cannot long subsist, they now acting beyond any Thing that can be of them expected, considering their great Wants. As for me, nothing shall be wanting that shall lie in the Power of
Dublin, January 12th, 1647.
King's Servants appointed by the Houses discharged.
Sir T. Fairfax to appoint others; and their Number not to exceed Thirty.
"That the Governor of the Isle of Wight be hereby enjoined, not to admit any greater Number than this of Thirty to come within the Castle, to attend as Servants upon the King, or as Servants upon the King's Servants.
"That it be referred to Sir Thomas Fairefax the General, to appoint such Persons as shall attend the King, not exceeding the Number of Thirty; to continue in the said Service during the Pleasure of both Houses."
Lloyd, to be Sheriff of Carmarthen;
"The Lords and Commons in Parliament assembled do nominate and appoint Francis Lloyd Esquire, to be Sheriff of the County of Carmarthan; and that the Commissioners of the Great Seal do pass a Patent to the said Francis Lloyd, to be Sheriff of the said County of Carmarthen, accordingly."
Sir S. Sleigh, of Derby;
"The Lords and Commons in Parliament assembled do nominate and appoint Sir Samuell Sleigh, to be Sheriff of the County of Derby; and that the Commissioners of the Great Seal do pass a Patent to the said Sir Samuell Sleigh, to be Sheriff of the said County of Derby, accordingly."
Sir R. Erle, of Lincoln;
"The Lords and Commons in Parliament assembled do nominate and appoint Sir Richard Erle, to be Sheriff of the County of Lincolne; and that the Commissioners of the Great Seal do pass a Patent to the said Sir Richard Erle, to be Sheriff of the said County of Lincolne, accordingly."
Andrews, of North'ton;
"The Lords and Commons in Parliament assembled do nominate and appoint Richard Andrews Esquire, to be Sheriff of the County of Northampton; and that the Commissioners of the Great Seal do pass a Patent to the said Richard Andrew, to be Sheriff of the said County of Northampton, accordingly."
Cooke, of Norfolke;
"The Lords and Commons in Parliament assembled do nominate and appoint William Cooke, of Broone, Esquire, to be Sheriff of the County of Norff.; and that the Commissioners of the Great Seal do pass a Patent to the said William Cooke, to be Sheriff of the said County of Norff. accordingly."
Browne, of Rutland;
"The Lords and Commons in Parliament assembled do nominate and appoint Christopher Browne Esquire, to be Sheriff of the County of Rutland; and that the Commissioners of the Great Seal do pass a Patent to the said Christopher Browne, to be Sheriff of the said County of Rutland, accordingly."
Tucker, of Wilts;
"The Lords and Commons in Parliament assembled do nominate and appoint Edward Tucker Esquire, to be Sheriff of the County of Wilts; and that the Commissioners of the Great Seal do pass a Patent to the said Edward Tucker, to be Sheriff of the said County of Wilts, accordingly."
Verney, of Warwick;
"The Lords and Commons in Parliament assembled do nominate and appoint Grevill Varney Esquire, to be Sheriff of the County of Warwicke; and that the Commissioners of the Great Seal do pass a Patent to the said Grevill Varney, to be Sheriff of the said County of Warwick, accordingly."
Tilney, of South'ton;
"The Lords and Commons in Parliament assembled do nominate and appoint Francis Tilney Esquire, to be Sheriff of the County of Southampton; and that the Commissioners of the Great Seal do pass a Patent to the said Francis Tilney, to be Sheriff of the said County of South'ton, accordingly."
and Elliott, of Cornwal.
"The Lords and Commons in Parliament assembled, do nominate and appoint John Elliott Esquire, to be Sheriff of the County of Cornwall; and that the Commissioners of the Great Seal do pass a Patent to the said John Elliott, to be Sheriff of the said County of Cornwall, accordingly."
Ordinance to clear Sir Tho. Bridges of his Delinquency.
"Whereas Sir Thomas Bridges, of Kainsam, in the County of Som'sett, Knight, hath by both Houses of Parliament been admitted to his Fine of Eight Hundred Three Score and Eighty Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Thomas Bridges, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Four and Twentieth Day of September, 1646, with an Exception of the Right or Estate of the said Sir Thomas Bridges in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Thomas Bridges from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Thomas Bridges shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint: Provided, That the said Sir Thomas Bridges do, within Six Weeks after his said Fine shall be allowed of by both Houses, settle the Rectory of Kainsam, of the Value of Forty Pounds per Annum, for Increase of Maintenance to the Minister of Kainsam and his Successors for ever; otherwise this Composition and the Pardon thereupon to be null and void."
"Whereas Samuell Sandys, of Ombersley, in the County of Worcester, Esquire, hath by both Houses of Parliament been admitted to the Fine of One Thousand and Forty-five Pounds, for that he, being a Member of the House of Commons, deserted the Parliament, and was in Arms against them: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Samuell Sandys, for his said Offence, in such Form as is agreed by both Houses for the like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said Samuell Sandys, from the Ninth Day of July, 1646, with an Exception of the Right or Estate of the said Samuell Sandys in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of Engl. for the Time being are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Samuell Sandys from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Samuell Sandys shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Grant to be instituted to Astley;
Ordered, That Doctor Heath, or his lawful Deputy, are hereby required, upon Sight of this Order, to give Institution and Induction unto Jonathan Grant Clerk, to the Rectory of Astley, in the County of Worcester, now void; salvo Jure &c.: Granted under Great Seal.
Orme to North Wotton;
Ordered, That Doctor Aylett give Institution and Induction unto Rich. Orme Clerk, Master of Arts, to the Vicarage of North Wootton, in the County of Norff. void by the Death of the last Incumbent; salvo Jure &c.: Presentation under the Hands and Seals of Sir Wm. Playters and Mr. Rich'd Onslowe, the lawful Patrons pleno Jure.
and Harris to Cranford St. Andree.
Ordered, That Doctor Heath give Institution and Induction to Thomas Harris Clerk, Master of Arts, to the Rectory of Cranford St. Andree, in the County of North'ton, void by Cession of the last Incumbent; salvo Jure: Presentation under the Hand and Seal of Godfrey Maidwell Gentleman.