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 Saturni, 8 die Julii.
Prayers, by Mr. Salwey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Mr. Baron Trevor and Mr. Justice Godbold return with this Answer from the House of Commons:
That they will give a Conference, as is desired.
Dixon and Wedderburn, a Pass.
Ordered, That Mr. Dixon and Dr. Wedderburne shall have a Pass, to go to dress the Lord Francis of his Wounds.
Answers from the H. C.
Dr. Heath and Mr. Hakewill return with this Answer from the House of Commons:
That they approve of the Answer of the Lord Admiral, to the Letter of Sir George Ayscough: To all the rest, they will send an Answer by Messengers of their own.
Mr. Hakewill and Mr. Page return with this Answer from the House of Commons:
That they agree to the bailing of Mr. Dowcett: To all the rest, they will send an Answer by Messengers of their own.
Message from thence, with Orders.
A Message was brought from the House of Commons, by Mr. Love; who brought up these Particulars, wherein they desire their Lordships Concurrence:
1. An Order for Payment of Five Hundred Pounds to Captain Henry Jervaise. (Here enter it.)
2. An Order for a Thanksgiving, for the Victory in the North. (Here enter it.)
The Answer was:
That this House agrees to the Particulars now brought up.
Message from the H. C. with Ordinances and an Order.
A Message was brought from the House of Commons, by Sir Thomas Dacres, &c.; who brought up these Particulars, wherein they desire their Lordships Concurrence:
1. An Ordinance concerning Payment of Interest for Five Thousand Pounds, to Major General Browne.
(Here enter it.)
2. An Ordinance for Four Thousand and Sixteen Pounds, with Interest, at Goldsmithes Hall, to Major General Browne. (Here enter it.)
3. An Ordinance for Four Thousand Three Hundred Twenty-four Pounds, Nine Shillings, to Colonel Christopher Copley. (Here enter it.)
4. An Order concerning Sir John Maynard.
(Here enter it.)
The Answer returned was:
That this House agrees in all the Particulars now brought up.
Declaration of the revolted Officers and Mariners.
The Lord Admiral brought in a printed Declaration of the Officers and Mariners in the revolted Ships; (fn. 1) which was read.
Ordered, To be communicated to the House of Commons; and that it be left to the Lord Admiral, to do therein as he shall think fit.
Message to the H. C. with it; and about Sir T. Mayherne's Pass.
A Message was sent to the House of Commons, by Mr. Hakewill and Mr. Page:
1. To deliver to them the printed Declaration of the revolted Seamen.
2. To desire their Concurrence in the Pass for Sir Theodore Mayherne to go, with his Family and Servants and Trunks, beyond the Seas.
Letter from Col. Hammond.
A Letter from Colonel Rob't Hamond, was read.
(Here enter it.)
Proceedings against Major Rolfe.
The Lord North reported from the Committee, what they have considered concerning the Proceedings against Major Rolph, in framing of the Indictment; which were read:
"1. That Rolph, as well as the Witnesses, may appear at the Lords Bar, and there confronted, if thought good; whereby Rolph may also, viva Voce, be heard, before further Proceedings." Agreed to.
"2. That what shall be presently done towards an Indictment, before the Hampshire Assizes, may be, upon further Examination of the Matter, by Mr. Serjeant Fynch; and Sir Thomas Bedingfield to be joined with him, as being also of the King's Counsel."
"3. That the House of Commons be moved, That Mr. Dowcett may have Liberty, upon Security, to attend this Business, both in these Parts and Hampshire."
Agreed to, and done.
"4. That Osborne's better Security to prosecute may be considered; and in case the Indictment be found in Hampshire, that the Judges suspend Proceeding; it being the Resolution of this House, to remove the Indictment by Certiorari into the Court of King's Bench, that so there may be a legal Proceeding therein."
"5. The deferring Hampshire Assizes to be considered by the Justices of that Assizes; and the Time certified."
Left to Justice Godbold.
Mrs. Washington, a Pass.
Ordered, That Mrs. Washington, with her Servants, Coach and Horses, shall have a Pass, to go to Kingston, to the Lord Francis Villiers; and to return back again to London.
Ordered, That it be referred to the Earl of Rutland, Earl of Lyncolne, and Lord Berkeley, to consider of the Petition of John Silver, whether it be fit to be retained in this House or not.
E. of Suffolk and L. Paget, to fetch their Goods from the E. of Holland's.
Ordered, That the Earl of Suffolke and the Lord Pagett shall be permitted to fetch their Goods out of the Earl of Holland's House; and that such Goods of the Earl of Holland's shall be inventoried, and not to be taken away, they being formerly made over to the Lord Admiral, for Money lent him.
Committees for Westm.
The Ordinance concerning adding Names to the Committee of Sequestrations, in the County of Westm. was read, and Agreed to.
(Here enter it.)
Heads for the Conference about a Treaty.
An additional Clause was read, and Agreed to be added to the Reasons to be offered to the House of Commons at a Conference, concerning the not insisting upon the Three Propositions before the Treaty be begun. (Here enter it.)
Letter from Col. Hammond, to clear the Army, Rulfe, and himself, from any Design against the King.
"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers, pro Tempore. These present.
Being deeply sensible of the Reflection upon me, and divers other innocent Persons, by Mr. Osborne's Proceedings in Excuse of his odious Treachery; I am bold to beg of your Lordships, that his Charge against Major Rolfe may be brought to a speedy Examination; who, I am most confident, will appear a Man exceedingly injured, and this only a Design to work greater Disturbances in these distracted Times. As this horrid Scandal relates to the Army, I must say, That neither directly nor indirectly, from any Member of it, or from any other Persons or Person whatever, did I ever receive a Word or Tittle tending in the least to such a wicked Purpose; much less as it relates to myself, could I, or did I, speak any such Thing to Major Rolph. But this is not the First Fruit of this Kind I have received for my faithful Service to your Lordships; nor is it more than what I have expected. Yet herein I am satisfied, that in Faithfulness and Integrity I have served your Lordships Commands, with all possible Care of, and Respect to, the Person of the King; so that, come what will come, I can say from a good Conscience, "The Will of God be done!" And in this I appeal to His Majesty, who of any Man best knows it, and who doth (and I doubt not will still do) upon every Occasion, as Opportunity serves, sufficiently clear me. My Lords, If, through Mr. Osborne's Malice, or rather the wicked Design of those who have set him a-work, your Lordships have received the least Prejudice of me, be pleased to send down some other, whom you may judge more worthy of your Trust, to receive my Charge; and I shall immediately with all possible Speed present myself to your Lordships, to receive your Lordships Pleasure. In the mean Time, it shall be the Business of my best Endeavours, to preserve His Majesty's Person from Danger, as well as in Security in this Place, according to your Lordships Commands, until I receive Instructions for His Removal, which I hope and expect will be sudden.
My Lords, When I am thoroughly considered, you will find none more faithful to your Lordships, and more observant to your Commands, than
"Your Lordships Carisbrooke Castle, July 4th, 1648, Most humble Servant,
Order for 500£. to Capt. Jervoise.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be forthwith paid, upon Accompt, unto Captain Henry Jervoise, or his Assignee, in Part of the Arrears due to the said Captain Jervoise, upon his Entertainment in the Service of the Parliament at Land, out of such concealed Delinquents Estates as he or any for him shall discover to the Committee of Lords and Commons usually sitting at Habberdash'rs Hall, or out of the Surplusage of such Delinquents Estates to be discovered as aforesaid, as have compounded at Gouldsmiths Hall at Under-values: And the said Committee is hereby authorized to take such Course, and proceed as effectually upon such Discoveries, for the bringing in of the said Monies, and paying of the same to the said Captain Jervoise, as in other Cases for Advance of Monies they usually do."
Order for a Thanksgiving for the Victory in the North.
"Ordered, by the Lords and Commons assembled in Parliament, That, on the next Lord's-day, Public Thanks be given to Almighty God, in all Churches within the City of London and late Lines of Communication, for His great Mercy, in giving the Parliament's Forces a great Victory in the North: And the Lord Mayor is desired to give Notice hereof to the Ministers in the several Parishes within the City."
Order for 5000£. for Major General Brown, for his Arrears.
"Whereas, by an Ordinance of the Sixth of March last past, the Sum of Five Thousand Pounds is to be paid, out of the Receipts of the Grand Excise, in Course, unto Major General Richard Browne, his Executors, Administrators, or Assigns, in Part of Nine Thousand and Sixteen Pounds allowed to be paid unto him, in full Satisfaction of his Arrears due unto him, as Major General, and Governor of Abingdon: Be it therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Interest of the said Sum of Five Thousand Pounds be likewise paid, out of the Receipts of the Grand Excise, every Six Months, after the Rate of Eight Pounds per Centum, to the said Major General Richard Browne, his Executors, Administrators, or Assigns, to begin from the said Sixth Day of March last past, and to continue till the whole Debt be paid: Provided always, That for so much of the Principal as shall from Time to Time be paid, the Interest thereof is to cease and be abated accordingly: And the Commissioners for the Grand Excise for the Time being are hereby authorized and required to make Payment of the said Interest accordingly; and the Receipts of the said Major General Browne, his Executors, Administrators, or Assigns, shall be their sufficient Discharge in that Behalf."
Order for 4016£. more for him.
"Whereas, by an Ordinance of the Sixth of March last past, the Sum of Four Thousand and Sixteen Pounds is to be paid, out of the Moiety of the Receipts at Gouldsmiths Hall (not engaged in Course), unto Major General Richard Browne, his Executors, Administrators, or Assigns, in Part of Nine Thousand and Sixteen Pounds allowed to be paid unto him, in full Satisfaction of his Arrears due unto him, as Major General, and Governor of Abingdon: Be it therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Interest of the said Sum of Four Thousand and Sixteen Pounds be likewise paid, out of the Moiety of the Receipts at Gouldsmiths Hall not engaged, in Course, every Six Months, after the Rate of Eight per Centum, to the said Major General Richard Browne, his Executors, Administrators, or Assigns, to begin from the said Sixth Day of March last, and to continue till the whole Debt be paid: Provided always, That for so much of the Principal as shall from Time to Time be paid, the Interest thereof is to cease and be abated accordingly. And the Treasurers for the Receipts of Money at Gouldsmiths Hall, for Compositions with Delinquents, are hereby authorized and required to make Payment of the said Interest accordingly; and the Receipts of the said Major General Browne, his Executors, Administrators, or Assigns, shall be their sufficient Discharge in that Behalf."
Order for 4324£. 9s. to Col. Copley.
"Whereas it appears, upon the Certificate of the Accompt of Colonel Christopher Copley, That there rests upon the Foot of the said Accompt an Arrear of Pay due unto the said Colonel, upon his Entertainment in the Service of the Parliament, the Sum of Four Thousand Three Hundred Twenty-four Pounds, Nine Shillings, (fn. 2) be forthwith paid unto the said Colonel Christopher Copley, out of the Sequestration-monies formerly received, and yet remaining in the Hands of the Sequestrators, Collectors, Receivers, and Treasurers of the Sequestrations of the County of Yorke, if the same may be found in their Hands; that if not, then so much as cannot be had out of those Monies be paid out of the growing Profits of the Sequestrations in the County of Yorke, next after the Engagements upon the said Sequestrations unto Colonel Legard's former Order of both Houses be satisfied: And the Committee of Sequestrations in the County of Yorke, the Sequestrators, Collectors, Receivers, and Treasurers of the Sequestrations in the said County of Yorke, are hereby required and enjoined to take Notice of this Order, and to yield ready Obedience thereunto, and to make Payment of the said Monies to the said Colonel Christopher Copley, or his Assignee, as aforesaid; and that the Acquittance of the said Colonel Christopher Copley, from Time to Time, shall be a sufficient Warrant and Discharge to the said Treasurers, Sequestrators, Collectors, and Receivers, and every of them, for such Monies as hereupon they or any of them shall so pay as aforesaid."
Order to indemnify Sir J. Maynard, for not proceeding in his Contract for some Bishops Lands.
(fn. 3) "Whereas Sir John Maynard, Knight of the Bath, did heretofore contract with the Contractors for Sale of Bishops Lands, for the Manor of Bugden, in the County of Hunt. about Twelve Months since; but, by reason of his late great Troubles, could not proceed upon that said Contract; and whereas, since, an Ordinance passed, that all should perfect their Assurances, or otherwise to forfeit a Third Part of their Purchase-money; which said Manor is since sold to Alderman Packe: It is Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said Sir John Maynard be, and is hereby, discharged of and from all Penalties and Forfeitures, for not perfecting his Contract for the said Manor within the Time prefixed; the said Ordinance, or any Thing therein contained to the contrary thereof, in any Wise notwithstansting."
Ordinance to add Persons to the Committee of Westmorland;—and for 4000£. for Col. Ashton Sea.
"Be it Ordained, and it is hereby Ordained, by the Lords and Commons assembled in Parliament, That John Bradshawe, Richard Shuttleworth, Thomas Birch, and Robert Hide, in the County of Lancaster, Esquires, Edmond Warden, and Peter Edge, in the said County, Gentlemen, be, and are hereby, added to the Committee for Sequestrations in the County of Westmerland, and are hereby authorized to put in effectual Execution the several Orders, Ordinances, and Instructions, for the sequestering Papists and Delinquents Estates in that County, and to cause the Estates Real and Personal of the said Delinquents and Papists to be sequestered accordingly: And it is further Ordained, That out of the First Monies that shall arise and be received out of the Sequestrations in the said County of Westmerland, by virtue of this or the said Ordinances for Sequestrations, that the Sum of Four Thousand Pounds be paid unto Colonel Ralph Ashton Senior, for and towards the Payment of the Officers and Soldiers now under his Command: And the said Committee of Sequestrations for the said County are required to make Payment thereof accordingly; any Order or Ordinance heretofore to the contrary notwithstanding."
Additional Heads for the Conference about the Treaty.
"An additional Reason to those entered the Day aforegoing.
"Lastly, The Lords are unwilling to leave any Means unattempted, for the procuring of a Settlement to this miserable distracted Nation: And therefore, the King having so often by His Messages reiterated His Desires to be heard, that He might give Reasons for what is stuck at on His Part, or receive Reasons whereby His Judgement might be convinced concerning those Things demanded on the Parliament's Part; the Lords think that, by their yielding and complying with His Majesty herein, they shall approve themselves to God and the World in such Manner, that if the King should not condescend to grant such reasonable and just Demands as shall appear to all indifferent and disengaged Persons to be necessary to the breeding of a mutual Confidence betwixt the King and Parliament, it will redound wholly to His own Disadvantage; but the Parliament have acquit themselves in the Discharge of their Duty, and have manifested really, as well as verbally, their sincere Desires to attain Peace, which ought to be the End aimed at in all just Wars.
"The Lords desire further, in these Things, clearly to be understood; that, though they adhere to their former Vote of the 30th of June last, yet their Intentions are, that these Three Propositions may be first treated of and agreed upon as Propositions in the Beginning of the Treaty, to be passed as Acts of Parliament when the Whole shall be concluded and agreed upon."
House adjourned till 10a Monday Morning next.