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, 23 die Maii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Sir R. Meredith, to be a Commissioner of the Great Seal of Ireland.
A Report was made from the Committee of Lords and Commons for the Affairs of Ireland, at Derby House; which was read, as followeth:
"Ordered, That it be reported to the Houses, That Sir Robert Meredith be put in the Place of Baron Hilton, for Keeper of the Great Seal of Ireland."
Ordered, That this House approves of this Report.
Lampleigh and Skelton to be released.
Upon Information to this House, "That John Lampleigh and Henry Skelton, coming up out of Lancashire to a Trial last Term in the King's Bench, and returning back with a Warrant from this House, yet (fn. 1) are laid in Prison by Colonel Rigby:"
It is Ordered, That they shall be released from their present Restraint, if they have done no Offence which is contrary to the Law of the Kingdom.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Sir Rob't Harley; who brought up an Ordinance for settling the Militia of the County of Hereford.
(Here enter it.)
Read, and Agreed to.
The Answer was:
That this House agrees to the Ordinance now brought up.
The King and Trigg.
Ordered, That the Errors between Dominus Rex and Trigg shall be argued, at this Bar, by Counsel on both Sides, the 30th of May, 1648.
Message from the H. C. with Ordinances.
A Message was brought from the House of Commons, by Mr. Thorpe; who brought up these Ordinances, wherein they desire their Lordships Concurrence:
1. An Ordinance for settling the Militia of the Counties of Yorke, &c.
(Here enter it.)
Read, and Agreed to.
2. An Ordinance for putting Malignants and Papists out of the late Lines of Communication.
The Question being put, to this Ordinance as it came from the House of Commons, without any Alterations:
It was Resolved in the Affirmative.
(Here enter it.)
3. An Ordinance for Wm. White to assign over Five Thousand Pounds to the Committee of the Northern Association. (Here enter it.)
Ordered, That these Three Ordinances shall be printed and published.
The Answer was:
That this House agrees to all the Ordinances now brought up.
Petition from the Common Council.
This Day a Petition was presented to this House, by Mr. Sheriff Byde and divers other Aldermen and Common Council-men, from the Lord Mayor, Aldermen, and Common Council, of the City of London; which was received, and read. (Here enter it.)
And then the Petitioners did withdraw.
And, upon Consideration, this Answer following was given them by the Speaker, in the Name of the House; (videlicet,)
Derrett versus Williams.
Ordered, That the Errors between Derrett and Williams be argued, at this Bar, by Counsel on both Sides, the 30th of May Instant.
Finch versus Hanbury.
Ordered, That the Errors between Finch and Hanbury shall be argued, by Counsel on both Sides, the 30th of May Instant.
Savory versus Doe.
Ordered, That the Errors between Savery and Doe shall be argued, at this Bar, by Counsel on both Sides, the 30th of May Instant.
Answer to the Petition from the Common Council.
"The Lords have commanded me to let you know, That they receive the Acknowledgements of Gratitude, and the great Expressions of Fidelity and good Affections, from the City of London, with such a Satisfaction, as that they return you their hearty Thanks. They have commanded me to assure you, that they will improve all good Opportunities for the attaining that desired End of these unhappy Troubles, the speedy Settlement of a safe Peace in both Kingdoms, and the Preservation of the Union according to the Covenant and Treaties. They will endeavour, to the utmost of their Power, to prevent any new and bloody War. As to the Particulars mentioned concerning the Aldermen now in The Tower, the Recorder, and the rest of the Citizens restrained, they have commanded me to declare to you, "That they, having had an Impeachment brought up from the House of Commons against those Aldermen, have proceeded no otherwise than by the usual Course of Parliament they ought to have done." As to the Recorder, there hath been no Commitment or Proceedings against him by this House. As to the rest of the Citizens against whom there is no Impeachment, but only a Commitment by a Committee of both Houses, their Lordships will proceed to endeavour their speedy Release. And they desire that the Lord Mayor, Aldermen, and Common Council, and that the whole City, may rest confident, that their Lordships will use their Endeavours for their Satisfaction. And, as it hath always been the Study and Labour of this House to express their Care for Advantage and Union of the City of London, so much more now will they endeavour a Compliance with those Desires of the City, which may firmly unite them one to another, and fasten their Hearts, and strengthen their Hands, in a Serviceableness to the Parliament, in order to these Ends, the Establishment of Religion, the Peace and Safety of the Kingdom, according to our solemn League and Covenant."
Ordinance to settle the Militia of Hereford.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That these Persons following, (videlicet,) Walter Lord Viscount Hereford, Leicester Devereux Esquire, Sir Edward Powell Baronet, Sir Robert Harley Knight of the Bath, Sir Robert Pye Senior Knight, Francis Kirle Esquire High Sheriff of the County of Hereford, Edward Harley, Thomas Baskervile, Edward Pitt, Esquires, Walter Kirle, William Littleton, Robert Kirle, Robert Harley, John Scudamore of Kenchurch, Samuell Mare, Bennett Hoskins, John Birch, William Crowther, Ambrose Elton Junior, John Patishall, Francis Pember, John Flackett Junior, Thomas Rawlins, Esquires, Major Thomas Blayney, Captain Priamus Davies, and Thomas Eaton, Gentlemen, shall be Commissioners for the Militia in the County of Hereford, for the better Securing and Safety of the Parliament and the said County; and shall have Power and Authority, and are hereby authorized, by themselves or any Five or more of them, to put the said County into a Posture of Defence, and to raise Forces, Horse and Foot, and them to list, arm, and exercise, and to form them into Regiments, Troops, and Companies, and them to muster, array, and weapon, from Time to Time, in Places fit for that Purpose; and to appoint over them Colonels, Captains, and other Officers, from Time to Time, by Commissions under the Hands and Seals of the said Commissioners, or any Seven of them, as often as there shall be Occasion in that Behalf; and shall have Power, and are hereby authorized, by themselves or their said Commanders and Officers, to lead, conduct, and employ, the said Persons, arrayed and weaponed, for the Suppression of all Rebellions and Insurrections that shall or may happen within the County aforesaid, according as the said Commissioners, or any Five of them, shall from Time to Time give Directions, or shall be otherwise directed from Time to Time by the Lords and Commons in Parliament assembled, or the Committee sitting at Derby House; any former Order, Declaration, or other Matter, to the contrary hereof, in any Wise, notwithstanding: And for all and every their Doings herein, the said Commissioners, and all and every the said Person and Persons, shall be saved harmless and indemnified, by the Authority of Parliament: Provided, That this Ordinance, and every Thing therein contained, shall continue for the Space of Six Months, and no longer."
Ordinance for Malignants and Papists not to continue within the Lines.
"The Lords and Commons assembled in Parliament do declare and ordain, and be it by Authority of Parliament Ordained and Declared, That all Papists whatsoever, and all Officers and Soldiers of Fortune, and all other Persons whatsoever that have borne Arms against the Parliament, or have adhered to or willingly assisted the Enemy in this late War, not being under Restraint, and not hereafter excepted, shall, at or before the Five and Twentieth Day of this Instant May, 1648, depart the Cities of London and Westm'r, and the late Lines of Communication, and all other Places within Twenty Miles of the said late Lines of Communication; and if any of the Persons aforesaid shall continue within the said Lines, or within Twenty Miles Distance of the said late Lines of Communication, after the said Five and Twentieth Day of May, 1648, such Person or Persons shall be apprehended, imprisoned, and proceeded against as Traitors: And for the better Execution of this Ordinance, it is further Ordained and Declared, by the said Lords and Commons, and by Authority of Parliament, That the Lord Mayor of the City of London, and all Justices of Peace within the said City and Liberties thereof, and the Committee of the Militia of the said City, or any One or more of them, and the Justices of Peace of the several Counties of Middlesex, Hertford, Essex, Kent, and Surrey, and of the City of Westm'r and Liberties thereof, and the several Committees of the Militia of the said City of Westm'r and Liberties thereof, and of the Borough of Southwarke, Hamlets of The Tower, and Suburbs, or any One or more of them, in their respective Liberties and Jurisdictions, shall and may, and are hereby authorized and required to, make Search for and apprehend, or cause to be apprehended, all Papists and Popish Recusants whatsoever, and all Officers and Soldiers whatsoever that have borne Arms against the Parliament of England, or have adhered to or willingly assisted the Enemy in this late War, that are or shall be found within the said Cities of London and Westm'r, and Suburbs, and Liberties thereof, or within the late Lines of Communication, or Twenty Miles distant thereof, after the said Twenty-fifth Day of this Instant May, 1648; and all such Persons, so apprehended and taken, and brought before them, or any One of them, as abovesaid, to imprison, and commit to some common Gaol or Prison, or to safe Custody; and all Sheriffs, Bailiffs, Constables, and all other His Majesty's Officers and Subjects, are to be aiding to the said Justices of Peace and Committees of Militia, in Execution of this Ordinance: And in case any Gaoler, Constable, or other Officer, to whom any the Persons aforesaid shall be committed, shall permit such Person or Persons to go at Liberty, without the special Warrant or Discharge of the said Lord Mayor, Justices of Peace, or Committees of Militia, by whom they were so committed, that the same shall be taken and adjudged an Escape, and such Gaoler, Constable, or other Officer, shall be proceeded against and punished, as for an Escape, according to Law. And this Ordinance is to continue for the Space of Six Months, from the said 25th Day of May, 1648: Provided, That nothing in this Ordinance shall extend to such Persons aforesaid, who, having their Habitations within the Lines of Communication, or within the said Space of Twenty Miles, have made their Compositions, and paid in or secured their Fines, or have taken the Negative Oath and Covenant, or that shall be authorized by both Houses of Parliament, or, being really attending their Compositions at Gouldsmiths Hall, shall be permitted by the Committee of Lords and Commons for Compositions there to continue within the said late Lines of Communication, for the perfecting their said Compositions."
Order for 5000 l. for the Northern Association.
"Whereas, by Ordinance of Parliament, bearing Date the 30th of November, 1646, the Sum of Five Thousand Pounds (together with Interest for the same at the End of every Six Months) is to be paid in Course, out of the Receipts of the Excise, next after the Engagement to the City of London, and the Twenty-five Thousand Pounds for Ireland, unto William White Esquire, his Assignee or Assignees, for the Use of the Yorkesheir Horse and Dragoons then under the Command of Colonel General Poynts: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said William White shall pay or assign over the said Sum of Five Thousand Pounds, or any Part thereof, together with Interest for the same, according to such Order and Direction as he shall receive from the Committee of the House of Commons for the Northern Association, or any Five of them; which Order shall be unto the said Wm. White, his Executors and Administrators, a sufficient Discharge in that Behalf."
Petition from the Common Council, desiring the Aldermen and other Citizens in The Tower may be released
"To the Right Honourable the Lords in the High Court of Parliament assembled.
"The humble Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled;
"That as your Petitioners, in all Humility, do thankfully acknowledge the many former Favours of this Honourable House manifested to this City; so in particular, in granting their Desires expressed in their late Petition concerning The Tower and the Militia of London, and in communicating unto the Petitioners several Votes of both Houses of Parliament, wherein, to your Petitioners great Joy and Comfort, are expressed your Resolutions, That you will not alter the fundamental Government of the Kingdom, by King, Lords, and Commons; that you will preserve inviolably the solemn League and Covenant, and the Treaties between the Kingdoms of England and Scotland; and that you will be ready to join with the Kingdom of Scotland, in the Propositions agreed upon by both Kingdoms, for the speedy Settlement of the Peace of both Kingdoms, and the Preservation of the Union, according to the Covenant and Treaties.
"And your Petitioners do further humbly present to this Honourable House, That the Inhabitants of the City are much grieved, in that their Magistrates and Fellow Citizens have for a long Time been under Restraint, and the City thereby deprived of their Service; and humbly pray,
"That, in Prosecution of your said Votes, you will be pleased to improve all good Opportunities, in perfecting so desirable a Good as is therein expressed, for the speedy Settlement of the Peace of both Kingdoms, and Preservation of the Union, according to the Covenant and Treaties, and preventing a new and bloody War.
"That the Aldermen now in The Tower, the Recorder, and the rest of their Fellow Citizens restrained upon the same Occasion, may be discharged and restored; whereby the City may be the better united, their Hands strengthened, and they made more serviceable to the Parliament and City, for their Preservation and Safety, which they shall endeavour to the uttermost of their Power and Abilities.
"And the Petitioners shall humbly pray.
Clare to be instituted to Poltimore.
Ordered, That Dr. Bennett give Institution and Induction unto Ambrose Clare, to the Rectory of Poltymore, in Com. Devon; salvo Jure cujuscunque: Jo. Bamfeild Esquire, Patron.
Ly. Ormond's Goods to be shipped.
Whereas the House is informed, "That Stay is made of the Lady Ormond's Goods at Bristoll, notwithstanding a Pass of this House, of 24th April last:"
Ordered, That the several Goods of the said Lady, with her Servants to look to the same, be forthwith permitted to be shipped and transported, according to the said Pass, as the contrary will be answered to this House.
Ordinance to settle the Militia in the Northern Counties.
"Be it Ordained, and it is hereby Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Algernon Earl of Northumberland, Phillip Earl of Pembrooke and Mountgom'y, Edmund Earl of Mulgrave, Francis Lord Dacres, Phillip Lord Wharton, William Lord Gray of Warke, Edward Lord Howard of Escricke, Thomas Lord Fairefax General of the Army, Francis Lord Viscount Valentia, and all and every the Members of the House of Commons serving for the several Counties of Yorke, the City and County of the City of Yorke, the Town and County of Kingston upon Hull, the Counties of Durham, Northumberland, Cumberland, Westmerland, Lancashire, and Nottinghamsheir, and the several Borough Towns therein, and the Town of Berwicke upon Tweede, respectively:
"And for the County of Yorke;
"John Savile Esquire High Sheriff, Sir Francis Boynton, Sir William St. Quintin, Sir Richard Darley, Sir Arthur Ingram, Sir John Savile, Sir Edward Rodes, Sir Thomas Wentworth, Sir Thomas Norcliff, Sir Richard Hawksworth, Sir Robert Barwicke, Knights, Wm. Dawney of Cowicke, Godfrey Boswell, Captain Eure, Captain Waters, Henry Tempest, John Stillington, Richard Robinson, Christopher Ridley, Darcy Wemworth, Robert Legard, Charles Fairefax, William Armitage, Alexand'r Johnson, Thomas St. Nicholas, John Farrar, Doctor Micklethwaite, Thomas Dukenson, Francis Darley, Ralph Rymer, Esquires:
"For the City and County of Yorke;
"The Lord Mayor for the Time being, Thomas Lord Fairefax, Henry Thompson Alderman, John Gelder Alderman, Stephen Watson Alderman, Thomas Dickinson Alderman, Robert Horner Alderman, Leonard Thompson Alderman, Wm. Taler Alderman, Edward Grey Alderman:
"For the Town and County of Kingston upon Hull;
"The Mayor for the Time being, William Popple, Thomas Raikes, Nicholas Denman, and Joseph Blaydes, Aldermen, John Rogers, Richard Wood, Machabeus Hollis:
"For the County of Durham;
"Sir Richard Belassis, Sir George Vane, Charles Vane, Richard Lilburne, Henry Warmouth, Robert Hutton, Thomas Shadfurth, Christopher Fulthorpe, Clement Fulthorpe, Francis Wren, Sir William Selby, Thomas Mitford, the Mayor of Durham for the Time being, Thomas Bowes, Tymothy Whittington, George Grey:
"For the County of Northumberland;
"Sir William Selby, Sir Robert Collingwood, Thomas Middleton, Robert Clavering, Wm. Shaftoc, Robert Fe'wicke, Thomas Lorrayne, Henry Ogle, John Salkeld, Charles Middleton, Edward Fenwicke of Stanton, William Babington, John Hall, George Paler, Esquires, Ralph Salkill, Thomas Pye, Henry Horsley, Edward Fenton of Stanton, Gentlemen:
"For the Town and County of Newcastle upon Tyne;
"Algernon Earl of Northumberland, Thomas Ledgerd Esquire Mayor of Newcastle, Sir Arthor Hesilrige Baronet, George Fenwicke Esquire, Mr. Marke Shaftoe Recorder, Mr. Henry Warmouth Alderman, Mr. Henry Dawson Alderman, Mr. Thomas Bonner Alderman, Mr. George Dawson Alderman, Mr. William Dawson Alderman, Mr. Robert Young Sheriff, Mr. Christopher Nicholson Alderman, Mr. Edward Man:
"For the County of Cumberland;
"Sir Wilfrid Lawson, William Lawson, William Briscoe, Thomas Lamplugh, John Barwis, John Skelton of Ar mathwaite, Thomas Curwin of Sella Parke, Miles Halton, Thomas Barwis, Michaell Studholme, John Hudson, John Stoderd, Richard Uriell, Thomas Croiston, Thomas Croftwhaite:
"For the County of Westmerland;
"Edward Wilson, Richard Branthwaite, Jervace Benson, Thomas Sandes, Captain Bateman, Captain Gardner:
"For the County of Lancaster;
"Gilbert Ireland Sheriff, Sir Thomas Stanley Baronet, Richard Holland, John Bradshaw, Peter Egerton, Esquires, Colonel John Booth, Edward Butterworth, George Dodding, John Starkey, Robert Hide, Thomas Birch, Ralph Worthington, Richard Haworth, James Ashton, John Bradell, Thomas Whittingham, Esquires, Alexander Rigby Junior, William Knipe, George Townsen, Henry Porter, William West, and George Piggott:
"For the County of Nottingham;
"The Mayor of Nottingham for the Time being, James Chadwicke, Huntington Plumtree Doctor of Physic, John James and William Nicks Aldermen, Charles White Esquire, Nicholas Charleton, Jo'n Gregory, Jervaise Lomax, Gentlemen, Joseph Widmore-Poole, Charles White, Clement Spelman, Jervaise Raynes, Henry Ireton, Edward Ascough, Esquires, John Neson and John Martin Gentlemen:
"Shall be, and are hereby appointed, Committees for the Militia, in the said several and respective Counties and Places respectively, for the better Securing and Safety of the Parliament, and said Counties and Places; and have hereby Power and Authority, and are hereby authorized, by themselves or any Four or more of them, in the said several Counties or Places respectively, to put the said Counties and Places into a Posture of Defence, and to raise Forces, Horse and Foot, and them to list, arm, and exercise, and to form them into Regiments, Troops, and Companies, and them to muster, array, and weapon, from Time to Time, in Places fit for that Purpose, and to appoint over them Colonels, Captains, and other Officers, from Time to Time, by Commissions under the Hands and Seals of the said several and respective Committees, or any Six of them, in the respective Counties and Places aforesaid, as often as there shall be Occasion in that Behalf; and shall have Power, and are hereby authorized, by themselves or their said Commanders and Officers, to lead, conduct, and employ, the said Persons, so arrayed and weaponed, for the Suppression of all Invasions and Insurrections that shall or may happen, within the said Counties or Places, or any of them, according as the said Committees respectively, or any Six of them, shall from Time to Time give Direction, or shall be otherwise directed from Time to Time by the Lords and Commons in Parliament assembled, or by the Committee sitting at Derby House; any former Order, Declaration, or other Matter, to the contrary hereof, in any Wise notwithstanding: And for all and every their Doings herein, the said respective Committees, and all and every the said Person and Persons, shall be saved harmless and indemnified, by Authority of Parliament.
"Provided, That this Ordinance, and every Thing therein contained, shall continue for the Space of Six Months, and no longer."