House of Lords Journal Volume 10: 17 November 1648

DIE Veneris, 17 die Novembris.

PRAYERS, by Mr. Byfeild.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Sir G. Garrett and Mrs. Garrett.

It is Ordered, That Sir John Brampston Knight and Sir Edw. Leech are hereby desired to go to Sir George Garrett Knight, and Alderman of London, and persuade with him what they can, to make a fair End with his Daughter in Law, Mrs. Theodofia Garrett Widow; and to report the same to this House on Monday Morning next, that so their Lordships may proceed (in case he come not to a just Agreement with her) in such Manner as in their Lordships Wisdoms they shall think fit.

Report of the Conference about Delinquents to be exempted from Pardon; and about the Ordinances for banishing Three Peers and Four Commoners.

The Speaker reported the Effect of the Conference with the House of Commons Yesterday:

"The First Particular was, Whereas the House of Commons sent Votes to this House for excepting Seven Persons from Pardon, wherein their Lordships do not agree to the Earl of Newcastle, nor to Sir John Winter; but, instead of them, have named Sir John Byron and Sir George Radcliffe; which the House of Commons do not concur to, but adhere to the Earl of Newcastle and Sir John Winter, because the said Earl was one of the First Generals, and a Person of Eminency, that took up Arms in this War, and Sir John Winter was a Papist in Arms.

"The Second Particular was, concerning an Ordinance sent down to them for banishing of the Earl of Holland, the Lord Goringe, and the Lord Capell. Whereas the House of Commons sent up Votes for the banishing of them, which their Lordships do not think fit to pass, conceiving it to be a Prejudice to the Privilege of this House to have such a Business concerning the Members of this House to proceed first from the House of Commons; but they say, They did not intend that the bringing up of those Votes should infringe the Privileges of this House, it being not in the Nature of any Impeachment or Judgement, but only to make it a Preparatory to a Proposition to the King; therefore desire their Lordships Concurrence to those Votes, conceiving their Lordships may do it without any Breach of their Lordships Privilege."

Letter from the L. Adm.

Next, a Letter from the Lord Admiral, reported from the Committee at Derby House, was read: (Here enter it.) And Ordered, To be sent to the House of Commons; which was accordingly done, by Sir Edw. Leech and Mr. Page.

Message from the H. C. with a Letter from the Committee of Estates;-with an Order; and to remind the Lords of the Conference about Delinquents.

A Message was brought from the House of Commons, by Sir John D'anvers Knight; who brought up these Particulars following:

1. A Letter from the Committee of Estates in Scotland, and desire the same may be printed and published.

(Here enter it.)

Read, and ordered to be printed and published.

2. An Order concerning Mr. Pecke. (Here enter it.) Read, and Agreed to.

3. To put their Lordships in Mind of the Matter of the Conference Yesterday.

The Answer returned was:

Answer.

That their Lordships have ordered the Printing of the Letter from Scotland, and do agree to the Order concerning Mr. Pecke; as to the Matter of the Conference Yesterday, their Lordships will take it into speedy Consideration, and will send an Answer by Messengers of their own.

Votes about exempting Delinquents from Pardon.

The Question being put, "Whether to adhere to the former Vote, for Sir John Byron and Sir George Radcliffe to be in the Place of the Earl of Newcastle and Sir John Winter?"

It was Resolved in the Affirmative.

Message to the H. C. for a further Conference about them.

Ordered, To have a Conference To-morrow Morning with the House of Commons, at Eleven, concerning the Two Names that were put in by the Lords, to be of the Number of the Seven excepted Persons.

And accordingly Sir Edw. Leech and Mr. Page were sent, to desire a Conference.

The Earl of Manchester is appointed to draw up the Heads of the Conference.

Letter from the Committee of Estates, acknowledging the Services and civil Behaviour of the Army which entered Scotland, under Cromwell and Lambert.

"For the Right Honorable the Lords and Commons assembled in the Parliament of England.

"Right Honorable,

"As wee are very sensible of the Benefitt and Advantage afforded to this Kingdome (against the Enemyes to the Peace and Happines of both Nations) by the comeing hither of your Forces under the Commaund of Leivetenant Generall Cromwell and Major Generall Lambert; soe wee hould it fitting, when the Condition of our Affaires and Posture of our Forces have now permitted their Retourne, to render them this deserved Testimony; and to acknowledge that the Deportment of the Generall Officers, Under Officers, and Souldiers, in their comeing into this Kingdome, dureing their Aboade amongest us, and in their Retourne to England, hath bin soe faire and civill, and with soe much Tendernes to avoyd all Causes of Offence, and to preserve a right Understandinge betwixt the Kingdomes, that wee trust, by their Carriage, the Malignant and Disaffected shal be much convinced and disappointed, and the Amity of both Kingdomes strengthened and confirmed; which wee shall likewise on our Part inviolably study to preserve, and to wittnesse that we are

Ed'r. 7th Nov. 1648.

"Your very affectionate Friends and humble Servaunts.

"Signed, in the Name, and by Commaund, of the Committee of Estates.

"Loudoun, Cancellarius."

Additional Order for Payment of 4181 i.e.s. 4½ to Peck, formerly ordered to him.

"Whereas the Sum of Four Thousand Two Hundred Four Score and One Pounds, Eighteen Shillings, Four Pence Halfpenny, was, by Order of both Houses of Parliament, 21 Octobr. 1648, appointed to be paid unto Henry Peck Esquire, in Discharge of so much owing unto him out of the Iron Works in the Forest of Deane, out of the Two Thirds of the Estates of Sir Thomas Timperley and other Recusants of the County of Suff. named in the said Order, payable to the State, and sequestered for their Recusancy; and whereas the Committee for Sequestrations of the County of Suff. only, and the Treasurer, and the Tenants and Occupiers of the said Lands, are required to pay the Two Thirds of the Rents and Profits of the said Estates as in the Order of 21 Octobr. is expressed: It is now Ordered, by the Lords and Commons in Parliament assembled, That all Committees for Sequestrations, in any of the Counties respectively where any of the Estates of the said Sir Thomas Timperly, or any other of the said Recusants in the aforesaid Order mentioned, lieth, their Treasurers, and Tenants and Occupiers of the Lands of any of the said Recusants, in any of the said Counties, be, and are hereby, required to take Notice of the said Order of 21 Octobr. and of this present Order, and to yield full and ready Obedience to that and this, in all the Clauses thereof that they or any of them are concerned in respectively."

Letter from the L. Admiral, that some of the revolted Ships have surrendered to him, and that others are disabled.

"My Lords and Gentlemen,

"By my Letter of the First of November, sent by the Dutch Post, I gave your Lordships an Account of Prince Rupert's undertaking the Management of the revolted Ships. His great Confidence to get it out to Sea was quickly checkt, by the Ships Want of a full Complement of Men and Provisions, and by many of the Mariners declining to go under his Command; which Objection was endeavoured to be salved, by engaging the Duke of Yorke to undertake it. But God hath now broken their Confidence, and I think their Design. On Sabbath-day last, about Eleven at Night, The Constant Warwicke came in, and submitted to the Fleet under my Command, upon Indemnity to them that effected. That being looked upon as a very good preparative to the further Distracting and Discouraging of the Revolters, we did on Monday last resolve to weigh and go up near to Helvoet Sluce, which upon Wednesday we put in Execution, and the same Night I anchored by the Admiral of Holland, some other of the Fleet thereabouts, and some took their Birth by the Revolters. That Night The Hinde Frigott came in and submitted. On Thursday, we weighed again; and about the Time that I weighed, The Constant Reformation was under Sail, having slipt her Cable for Haste. I anchored before The Sluice as it began to be dark, and the rest of the Fleet (fn. 1) birth'd themselves as conveniently as they could. At the Time of our anchoring, we found The Reformation haling into The Sluice, The Roebucke being in before. Next Morning we found haled into The Sluice, The Reformation, Swallow, Roebucke, Guiny Frigott, and Blackemoore Lady; and last Night The Antilope. Yesterday we forced to Obedience The Love. The same Day I appointed several Vessels to do their best Endeavour for reducing The Satisfaction; and last Night the Commander offered to render her, upon granting to such Persons as should be willing to go on Shore, with their Bag and Baggage; which I gave Way to. And this Morning the Men were carried on Shore in the Boats of this Fleet, and Possession delivered. I shall attend here a few Days longer, to pursue some Opportunities, which I hope may not be without Fruit; and then shall return with the Fleet (God willing) into England. In the mean Time, I have represented our Condition to the Parliament's Agent at The Hague; and leave it to your Lordships Wisdom to consider what Addresses will be necessary to my Lords The States; I fearing that the great Ships will receive no small Damage if they lie long aground. And so I take Leave, resting

Aboard The St. George, off Helver Sluce, the 11th of Novemb. 1648.

"Your Lordships Affectionate and humble Servant,

"Warwicke.

"To the Right Honourable the Committee of Lords and Commons fitting at Derby House."

Adjourn.

House adjourned till 10^a cras.