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 Mercurii, 14 die Junii.
PRAYERS, by Mr. Byfeild.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Finch, a Pass.
Ordered, That Mr. Finch shall have a Pass, for himself and Three Servants, to go into Holland, and return again.
Message from the H. C. for the L. Admiral to go to Sea, to reduce the revolted Ships;—for Judges to go the Circuits; and with Orders.
A Message was brought from the House of Commons, by Sir Robert Pye Knight; who brought divers Orders, wherein they desire their Lordships Concurrence:
1. That the Ships called The St. George and Unicorne be set at Sea, as Part of this Summer's Guard.
2. That the Lord Admiral be desired, with such Ships as are fitted or ordered to be fitted forth, and (fn. 1) such others as shall come in to him, to use the best Means he can, with all possible Expedition, to reduce those revolted Ships; and to guard the Seas, and keep open the Trade of the Kingdom.
3. Votes appointing Judges to go this Summer's Circuit. (Here enter it.)
4. Order to pay Twenty Pounds to Mr. Clarke. (Here enter it.)
5. Order for paying Two Hundred Pounds to the Lord Cawfield. (Here enter it.)
6. Order for paying Six Hundred Pounds to the Lord Forbes. (Here enter it.)
7. Order to Mrs. Meldrum One Hundred Pounds. (Here enter it.)
The Answer returned was:
That this House agrees to all the Orders and Votes now brought up.
Fawcett to attend.
Upon Complaint made, "That James Fawcett is gone out of Town, without giving Security, according to an Order of this House, dated the Second of this Instant June, (fn. 2) shall be summoned to appear before this House within Fourteen Days after Notice."
Letter, &c. from the Commissioners in Scotland.
A Letter and Papers from the Commissioners in Scotland, were read. (Here enter them.)
Christ's Hospital and Trinityhouse.
A Report from the Judges, concerning the Business between The Trynity House and Christ's Hospitall, was read, and confirmed; being made by Consent of both Parties.
(Here enter it.)
Debtors in the Court of Wards to have their Bonds, on paying their Debts.
Ordered, That, upon a Certificate from the Receiver of the late Court of Wards and Liveries, "That those that are Debtors either for Fine or Rent have paid in their Money," the Clerk of the said Court, in whose Hands the Bonds and Indentures are, shall, by virtue hereof, deliver the said Bonds and Indentures to the Person whom it concerns.
Ordered, That, upon a Certificate from the Receiver of the late Court of Wards and Liveries, "That George Speake Esquire, late His Majesty's Ward, hath paid in his Money," the Clerk of the said Court, in whose Hands the Bonds and Indentures are, shall, by virtue hereof, deliver the said Bonds and Indentures to the said Mr. Speake, or his Assigns.
Donne, Earl of Denbigh's Chaplain, arrested.
Upon reading the Petition of Doctor John Donne, Chaplain to the Earl of Denbigh, (fn. 3) who is arrested, contrary to the Privilege of Parliament:
It is Ordered, That it is referred to the Committee of Privileges, to consider whether the said Doctor Donne be capable of the Privilege of Parliament or no, and report the same to this House.
Finch, Lessee of Bennett, to have his Bonds out of the Court of Wards.
It is this Day Ordered, &c. That it having appeared, by Certificate from the Receiver of the late Court of Wards and Liveries, "That Mr. Hen. Finch, Lessee of the Lands of Symon Bennett Esquire, late His Majesty's Ward, hath paid in all the Monies due to His Majesty, for the Rents for the said late Ward's Lands; and that it is the Desire of the said late Ward and the said Mr. Finch, that the Bonds given to His Majesty for Performance of the Covenants in the same Leases should be delivered up;" the Clerk of the said Court, in whose Hands the same Bonds are, shall, by virtue hereof, deliver the said Bonds to the said Mr. Finch, or his Assigns.
Letter from the Commissioners in Scotland, with the following Papers.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.
"The inclosed Papers will give your Lordship an Account of our Proceeding here, in Pursuance of your Commands, whereunto we have had no Return from the Parliament of Scotland yet. We have pressed earnestly for Answers to the Things we had in Charge, because we hear the Parliament will presently adjourn. In the mean Time, there are many strange Reports scattered here, much to the Disadvantage of Parliament; which (it being now above a Fortnight since we heard from London, the ordinary Post failing) we are not able on certain Grounds to contradict: Therefore we conceive it might be for the Service of Parliament, that, till it shall be thought fit to call us back, which we shall much desire might be speedily, we may frequently hear from the Parliament, and to that End (all Passages being stopped by Land) some small Vessel may be appointed to attend here, that (fn. 4) so these Things wherein your Service is concerned may be speedily conveyed to your Lordship, from,
Edinburgh, June 8th, 1648.
"Most humble Servant,
Paper from them, to the Committee of Estates, for an Answer to a former one, about presenting Propositions to the King.
"Edinburgh, 25 of Maii, 1648.
"By our Paper dated the 15th of this Instant May, we did communicate to your Lordships a Vote of the Parliament of England, declaring their Readiness to join with the Kingdom of Scotland in the Propositions agreed on by both Kingdoms, presented to the King at Hampton Court, and the making such further Proceedings thereupon as should be thought fit, for the speedy Settlement of the Peace of both Kingdoms, and Preservation of the Union, according to the Covenant and Treaties; whereunto, presuming of your Lordships Resolutions to pursue the same Ends, we expected a speedy Answer, but have not as yet received any. We must press your Lordships for a Return to that Paper, and the Vote therewith sent to your Lordships, which so much conduceth to the Happiness of both Kingdoms.
"By Command of the Commissioners of the Parliament of England.
"Edinburgh, 1st of June, 1648.
Answer to the Desires of the Parliament of Scotland.
"We are commanded, by both Houses of the Parliament of England, in Pursuance of their Letter to the Lord Chancellor of Scotland, dated the 15th of May last, to acquaint your Lordships, That, before they received your Lordships Paper of Desires of the Twenty-sixth of April last, both Houses were in Debate and Consideration of the best Ways and Means for the settling of a well-grounded Peace, and Preservation of a good Correspondency and Brotherly Agreement and Union betwixt the Kingdoms; and, as the most effectual Way thereunto, both Houses did pass the inclosed Vote, which we sent to the Honourable Committee of Estates, with a Paper of the 15th of May, desiring their Lordships Resolutions thereupon; and seconded that Paper by another to them, of the Twenty-fifth of the same Month, to which we have received no Answer. We are commanded to assure your Lordships, That the Parliament of England do make a real Offer to join with your Lordships in the Propositions agreed (fn. 5) upon by both Kingdoms, presented to the King at Hampton Court, for the making such further Proceedings thereupon as shall be thought fit, for the speedy Settlement of the Peace of both Kingdoms, and Preservation of the Union, according to the Covenant and Treaties. And we are further commanded to assure your Lordships, That, when the Parliament of England shall receive the Answer of the Parliament of Scotland concerning their Conjunction in the said Propositions, the Parliament of England will be then ready to give your Lordships Satisfaction in those Things which shall be judged necessary for the Peace of both Kingdoms, and which shall not intrench upon the particular Interests of the Kingdom, and Privileges of the Parliament, of England.
"By Command of the Commissioners of the Parliament of (fn. 6) England.
Concerning the English Forces marching into the North, to the Relief of Berwick and Carlisle.
"Edinburgh, June the 1st, 1648.
"We have in Command, from both Houses of the Parliament of England, to give Notice to your Lordships, That the Lord Fairefax hath Command from the Houses, to march with Forces into the Northern Counties of the Kingdom of England, for the suppressing of those who are now in Arms against that Kingdom, and for the removing of them (according to the Treaties) who have possessed Barwicke and Carlile contrary thereunto: And we are further commanded to assure your Lordships (and, as we have Power and Authority from both Houses of the Parliament of England, we do hereby engage the Faith of the Kingdom of England), that the employing or sending of those or any other Forces to the more remote Northern Parts of the Kingdom of England is not with the least Intention of any Offence or Prejudice to the Kingdom of Scotland, or in the least Manner to disturb the Peace or Quiet of that Kingdom; but to the Suppression of the said Traitors and Rebels now in Arms against the Houses, and the keeping of the Northern Counties in Obedience to the Parliament of England, and Protection of such as have been well-affected to the Cause which both Kingdoms have been and are engaged in.
"By Command of the Commissioners of the Parliament of Engl.
Desiring the Parliament of Scotland would declare against those who have seized on those Towns;—complaining of Relief being sent them from Edinburgh, and of some Scots Troops entering England in a hostile Manner.
"Edinburgh, June 6th, 1648.
"By our several Papers of the Second, the 9th, and the 18th of May last, we have, in the Name of the Parliament of England (upon Grounds of Treaties and Acts of Parliament passed both Kingdoms), demanded that your Lordships would declare against those who (contrary thereunto) had seized and do hold the Town of Berwicke upon Tweed and City of Carlile, and against all such of this Nation (fn. 7) as should aid or assist them: But we are (and the Parliament of England have just Cause to be) very sensible, that, notwithstanding we did, according to our Duties, timely and frequently represent to your Lordships what Mischiefs have and were like to happen, if they were not speedily declared against by your Lordships; yet those in the aforesaid Towns, who have been and are professed Enemies to both Kingdoms, and for some Years past have still been fighting against the Cause of God, Religion, and the Covenant (which your Lordships profess to maintain), have gotten so much Encouragement, and so many Advantages, by your Lordships delaying hitherto to declare against them: And now being further credibly informed, that many Loads of Provision, Arms, and Ammunition, have lately gone from this City of Edinburgh to the said Town of Berwicke, and that the People of this Kingdom have free Recourse to Barwicke and Carlile, and many have there taken up Arms with them, notwithstanding it be well known that there are many Papists amongst them, and that some Chief Men in their pretended Committees (who impose great Sums of Money upon the Well-affected both in those Towns and Counties thereabouts), and some Chief Officers both in those Garrisons and their other Forts, are notorious Papists, who ought to be so far from being connived at, that, by the Agreement of both Kingdoms in their Propositions presented to the King, they were to be excepted from Pardon.
"We do therefore once more earnestly press your Lordships, that you would take this Business into your serious Consideration, when we shall not doubt but that your Lordships Resolutions therein will answer our Desires and Expectations.
"We do further acquaint your Lordships, that we are credibly informed, That some Troops lately raised by your Lordships Authority went, armed in a hostile Way, into the Kingdom of England, and did quarter there, to the great Encouragement of those who are Enemies to the Peace of both Kingdoms; which, as we hope it was done without your Knowledge, so we doubt not but that your Lordships will declare yourselves against it, and will take effectual Course that such Things may not happen, to make Breaches; and interrupt the Peace of both Kingdoms.
"We do likewise further desire that (with all convenient Speed) we may receive your Lordships Resolutions concerning the Offer made to your Lordships by both Houses of the Parliament of England, represented to the Honourable Committee of Estates in our Paper of the Fifteenth and Twenty-five of May last, and to your Lordships in our Paper of the First of this present June, that so we may give an Account thereof unto the Parliament of England, who do daily expect it from us.
"By Command of the Commissioners of the Parliament of England.
Governors of Christ's Hospital; and The Trinity House, claiming under Hawes.
"Die Veneris, 9 Junii, 1648.
"According to your Lordships Order, of the 7th Day of this Instant Month, concerning the Mayor, Commonalty, and Citizens of London, Governors of Christ's Hospitall, we called before us, as well divers of the Members of the said Hospital as of The Trinity House; both of the said Corporations pretending Right and Title to the Lands in Question. And, upon hearing of Counsel on both Sides in the Presence of the said Parties, it is, by our Mediation, agreed by mutual Consent, as followeth: First, That the Corporation of The Trinity House shall pay to the Corporation of the Hospital the Sum of Fifty Pounds and One Shilling, within One Week next following, being for Costs of Suit of the last Trial; which Sum Captain Brian Harrison, on the Behalf of The Trinity House, hath undertaken to pay accordingly, within One Week, to Mr. Will'm Cockayne, to the Use of the said Hospital; and that a new Trial shall be, the next Michaelmas Term, between the said Parties to the last Suit, according to your Lordships former Order, which directed the said last Trial; and Possession to remain as it is till such Trial had; and the former Security given on the Behalf of The Trinity House to the Hospital, for the Mean Profits until such Trial, to remain in Force: And in case the Verdict shall pass for the Plaintiffs, then the Possession of the Lands in Question to be delivered up by the Defendants, and in the mean while no Waste to be done; and that several Bonds be entered on both Sides; (videlicet,) the said Captain Harrison and Captain Walter Maynard, on the Behalf of The Trinity House, shall be bound to the said Will'm Cockayne and Mr. John Babington, in Two Hundred Pounds, conditioned to pay unto them, on the Behalf of the Hospital, such Costs as shall be taxed in the said next Suit, if the Verdict shall pass against the Defendant; and to yield Possession to the Plaintiff within One Week after such new Trial, if the Verdict shall pass for the Plaintiff: And the said William Cockayne and John Babington, on the Behalf of the said Hospital, to enter a Bond of One Hundred Pounds, to the said Captain Harrison and Captain Maynard, conditioned to pay unto them, for the said Trinity House, such Costs of Suit as shall be taxed in the said next Suit for the Defendant, in case the Verdict shall pass for the Defendant. And the Parties to appear and plead, as of this Term, in such Manner as was formerly pleaded, that such Trial may be had in Michaelmas Term as aforesaid, according to the Direction of your Lordships former Order concerning the said Trial.
"All which, nevertheless, we humbly submit to your Lordships grave Consideration.
Judges for the Circuits.
"Judges for the next Summer's Circuit:
Order for 20£. to Clark.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Twenty Pounds be forthwith advanced, and paid to Mr. William Clerke; and that the same be charged at Habberdash'rs Hall, and paid unto him by Order of the Committee of Lords and Commons usually sitting there."
Order for 200£. for L. Cawfield.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be forthwith advanced, and paid to the Lord Cawfeild, for his Losses in Ireland, and for his present Subsistence, and that the same be charged upon Habberdash'rs Hall; and is especially recommended to the said Committee to make speedy Payment thereof."
Order for 600£. for L. Forbes.
"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of the Navy, forthwith to pay the Lord Forbes the Sum of Six Hundred and Two Pounds, being Part of the Lord Forbes's Accompt, for Victuals, Arms, Ammunition, &c. out of the Monies due to Captain Dickes, remaining in the Hands of the Committee of the Navy."
Order for 200£. to Mrs. Meldrum.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be forthwith paid unto Jane Mildrum, late Wife of Colonel John Mildrum, slain in the Parliament's Service, over and above the Sum of One Hundred Pounds formerly ordered unto her, and charged upon the Excise, in full Satisfaction and Discharge of all Sums of Money, Accompts, and Demands, due and claimable by her in Right of her deceased Husband; and that the said Sum of Two Hundred Pounds be charged upon Habberdash'rs Hall, and paid to the said Jane Mildrum, or her Assigns, by Order of the Committee of Lords and Commons usually sitting there."
L. Admiral to go to Sea, to reduce the revolted Ships.
"Resolved, by the Lords and Commons in Parliament assembled,
"That the Ships called the St. George and Unicorne be set to Sea, as Part of this Summer's Guard.
"Ordered, by the Lords and Commons in Parliament assembled, That the Lord Admiral be desired, with such Ships as are fitted or ordered to be fitted forth, and such others as shall come in to him, to use the best Means he can, with all possible Expedition, to reduce those revolted Ships, and to guard the Seas, and keep open the Trade of the Kingdom."
House adjourned till 10a cras.