House of Lords Journal Volume 7: 4 April 1645

Die Veneris, 4 die Aprilis.

Prayers, by Mr. Newcomen.

Ds. Grey de Warke, Speaker.

Lady Alice Hastings versus E. of Bridgewater.

Upon reading the Petition of the Lady Alice Hastings; shewing, "That the Earl of Bridgwater stands bound to her in Three Thousand Pounds, which is her whole Estate; and she desiring his Lordship to give his Lordship's Security and his Son, he refuses to do."

It is Ordered, That the said Petition be shewed to the said Earl of Bridgwater, by the Earl of Bolingbrooke; and his Lordship to return his Answer to the same to this House.

Message from the H. C. that 17 Irish were hanged at the Taking of Shrewsbury; and that Prince Rupert had hanged as many Protestants;

A Message was brought from the House of Commons, by Mr. Reynolds:

To let their Lordships know, that they have received Letters from the Committee of Shrewsbury; signifying, That, upon the Taking of Shrewsbury, they hanged up Seventeen Native Irish, according to the Ordinance of Parliament; and since, Prince Rupert hath caused Seventeen Protestants:" So the House of Commons hath drawn up a Letter, to be sent to Prince Rupert, by the Lord General, concerning this Business.

and with Ordinances, &c. for Concurrence.

2. To desire their Lordships Concurrence in divers Ordinances:

1. An Ordinance for impresting Watermen and Bargemen.

2. An Ordinance for One Thousand Pounds, for Sir John Meldrum. (Here enter it.)

Read, and Agreed to.

3. An Order for Fifty Pounds, for Captain Fleming. (Here enter it.)

Agreed to.

4. An Order for Two Hundred Pounds, for Windsor Garrison. (Here enter it.)

Agreed to.

5. An Order for Two Hundred Pounds, for Major Carre. (Here enter it).

Read, and Agreed to.

6. An Order to pay Two Hundred Pounds to Colonel Barclay. (Here enter it.)

Agreed to.

Next, the Letter from the Committee written to the Speaker of the House of Commons, was read.

(Here enter it.)

Also Prince Rupert's Secretary's Letter was read.

(Here enter it.)

Letter to Prince Rupert.

The Draught of the Letter to be sent to Prince Rupert by the Lord General, was read, and Agreed to.

And it is Ordered, That the Lord General is hereby directed to sign and send the same accordingly.

(Here enter it.)

The Answer returned was:

Answer to the H. C.

That concerning the Ordinance for pressing of Mariners and Bargemen, their Lordships will send an Answer by Messengers of their own. To all the rest of the Particulars of this Message, their Lordships do agree to them.

Ordinance for 2000l. of Mr. Coriton's to be paid to the State.

The Lord Viscount Say & Seale reported, "That the Committee have considered of the Ordinance for Two Thousand Pounds of Mr. Corriton's to be paid to the State; and think it fit to pass, with an Alteration:" Which being read, this House Agreed to the same, with this Alteration; and Ordered to be sent to the House of Commons, to desire their Concurrence.

Ordinance for pressing Watermen.

Next, the Ordinance for impresting of Watermen and Bargemen, was read, and Agreed to, with a Proviso.

Committee to treat with the French Minister about Remonstrances.

Ordered, That the Committee of Lords and Commons have hereby Power to hear the French Resident upon such Matters as are referred and depending before the said Committee; and to receive and consider of any other Papers, which he shall give in unto that Committee: And the Committee have further Power to receive the Petitions and Complaints of the Subjects of this Kingdom, for any Injuries done by the French, and to demand Satisfaction thereupon from the Resident.

Heads for the Conference on the Ordinance for excluding Members of either House, from holding Offices.

The Lord Viscount Say & Seale reported from the Committee, the Subject Matter of the Conference upon their Lordships passing the Ordinance for discharging the Members of both Houses from Offices; which, being read, were approved of. (Here enter it.)

Heads for a Conference about the Declaration of the H. C. for maintaining the Peerage.

The Earl of Northumb. reported from the Committee, what they thought fit to be returned at a Conference with the House of Commons, upon the Declaration of the House of Commons, concerning the maintaining of Peerage.

The Paper being read, it was Agreed to.

(Here enter it.)

Message to the H. C. for a Conference on these Subjects.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Dr. Heath:

To deliver to them the Ordinance concerning the pressing of Watermen, &c. and the Ordinance concerning the Two Thousand Pounds of Mr. Corriton's; and to desire their Concurrence in the Alterations and Proviso.

and with Two Ordinances; and to expedite Captain Kettleby's Petition.

2. To desire a Conference, so soon as it may stand with their Conveniency, concerning the Ordinance for discharging the Members of both Houses from Offices, Military and Civil; and concerning the late Declaration of the House of Commons, concerning Peerage; and to desire Expedition to Captain Ketlebie's Petition.

Walsingham and Baker.

Upon reading the Petition of Sir Tho. Walsingham, and the Petition of Sir John Baker: It is Ordered, That they shall be heard, by their Counsel on both Sides, this Day Fortnight, at this Bar, concerning the Contents of their Petitions.

Sir R. Needham to deliver Guns to Bishop.

Ordered, That Sir Rob't Needham do deliver the Guns to John Bishop, according to the Order of this House, by Tuesday next; or else shew Cause to this House to the contrary.

Mr. Griffith removed to The Fleet.

Ordered, Mr. Griffin shall be forthwith removed out of the Custody of Michaell Baker to the Prison of The Fleete, there to remain in safe Custody until the further Pleasure of this House be signified.

Letter from Cheshire, concerning the Situation of Affairs there.

The Lord Wharton reported from the Committee of both Kingdoms, Two Letters, which were read:

1. From the Committee of Cheshire.

The other from Lieutenant General David Lesly, concerning the Affairs of Cheshire, and drawing up their Forces towards Chester, to take in that.

Committee to consider of the Paper from the Scots Commissioners.

Ordered, That these Lords following are appointed to take into Consideration the Papers lately presented to this House from the Scotts Commissioners, and report to this House what is fit to be done thereupon:

Any Three, to meet To-morrow Morning, at Nine of the Clock.

Carter to certify what Materials about St. Paul's are useless, and what perishable.

Upon reading the Petition of Edward Carter, Surveyor of the Works for Pauls Building: It is Ordered, That the said Carter shall certify to this House, (fn. 1) what Materials about Pauls are useless for that Building, and what Materials are perishable, that so this House may give further Directions accordingly.

Letter to the Queen of Sweden, to be translated into Latin.

Ordered, That it is referred to the Committee of both Kingdoms, to give Directions, that the English Letter be translated into Latin, and sent to the Queen of Sweden.

Answer from the H. C.

Mr. Serjeant Fynch and Doctor Heath return with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinance concerning pressing of Watermen, &c. and the Alterations in the Ordinance (fn. 1) for Two Thousand Pounds of Mr. Corriton's: (Here enter them). And that they will give a present Conference, as is desired; and concerning Captain Kettleby's Petition, they have taken it into Consideration.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ordered, That the Ordinance for discharging (fn. 2) the Members from any Office, Military or Civil, shall be printed and published.

Order for 1000l. for Sir John Meldrum.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Thousand Pounds voted to Sir John Meldrum, by the House of Commons, in Testimony of his (fn. 3) faithful Service, shall be paid out of the readiest Monies that by the Committee of Accompts is or shall be found due from any Accomptant; the Order of both Houses of Parliament of the 26th November last, for the Payment of the Money to the Town of Southampton, and other Monies therein expressed, and the Order of the 30th January last, for paying of several Arrears due to several Owners of Shipping set forth in the State's Service, being observed."

Order for 50l. for Captain Fleming.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Fifty Pounds be forthwith advanced, and paid upon Accompt, to Adjutant Fleming, in Part of his Arrears, for his present Supply, out of Habberdashers-hall."

Order for 200l. for Windsor Garrison.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, have, for Supply of the Garrison of Windsor, advanced and lent the Sum of Two Hundred Pounds: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That the said Commissioners of Excise shall and may satisfy and reimburse themselves the said Two Hundred Pounds, with Interest after the Rate of Eight per Cent. for so long Time as they shall be out of the same, or any Part thereof, out of such Intervals of Receipts as shall happen between such Times as other Ordinances already assigned upon the Excise shall not fall due, or, in Default of such Intervals, shall and may re-pay themselves in such Order and Course as this Ordinance, according to its Date, doth take Place; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be secluded from satisfying themselves accordingly; and that the said Two Hundred Pounds be paid unto Colonel John Venn, Governor of the Castle of Windsor, whose Receipt shall be a sufficient Discharge for the Payment thereof."

Order for 200l. for Major Carr.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Hundred Pounds, to be paid to Major Carre: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise, their Executors or Administrators, shall and may satisfy and reimburse themselves the said Two Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned out of the Office of Excise shall not happen to fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred or secluded from satisfying themselves accordingly; and that the said Commissioners shall pay the said Two Hundred Pounds to the said Major Carre, whose Receipt shall be their sufficient Discharge in that Behalf."

Order for 100l. to Captain Barkley.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That One Hundred Pounds be forthwith advanced and paid, upon Accompt, to Colonel Barklay, in Part of his Arrears, for his present Supply, out of Habberdashers-hall."

Letter from the Committee at Shrewsbury, that Prince Rupert had hanged some English Prisoners, on account of their having hanged some Irish Rebels.

To the Worthily-honoured William Lenthall Esquire, Speaker of the Honourable House of Commons.

Right Honourable,

"According to the Ordinance of Parliament in that Behalf, we caused some Irish Rebels, to the Number of Thirteen, to be put to Death; and, since Prince Rupert's coming into these Parts, it happened that some of our Men were taken by some of his Commanders, and (as is verified to us), after Quarter given them, were by the Prince's Command executed; which we hearing of, sent a Trumpet, to know the Truth of the Report, and the Cause why they so suffered; by whom he returns us the Letter inclosed for Answer. The Death of these Soldiers, being known in our several Garrisons, hath so incensed the Soldiery, that they vow Revenge; and we found it difficult to prevent their violent falling upon the Prisoners in our Custody; wherefore we thought good to certify this Honourable House thereof, and humbly pray your Advice, how we shall prevent the acting of the like Cruelty upon our Soldiers for the future, and rest

"Your most humble and faithful Servants,

Salopp, this 24th of March, 1644.

"J. Mackworth.
"And. Lloyd.
"Sam. Moore.
"Robt. Charlton.
"Ro. Clive.
"Tho. Hunt.
"Leigh Owen.

Letter from Prince Rupert's Secretary, with Reasons for it.

For Mr. Sam. Moore, Mr. Mackworth, Mr. Leigh Owen, Mr. Andrew Lloyd, Mr. Rob't Charlton, and Mr. Ro. Clive. These.

"Gentlemen,

"I am, by Command, to return you this Answer: That you gave the First Example, in hanging such Prisoners as were taken; and thereupon the same Number of yours suffered in like Manner; and if you continue that Course, you cannot in Reason but expect the like Return; but if your Intention be to give Quarter, and to exchange Prisoners upon equal Terms, it will not be denied. Here I rest

March 23, 1644.

"Your Servant,

"Ralph Goodwin."

Letter to be sent to Prince Rupert, about it.

"SIR,

"The Two Houses of Parliament have received Information, that, because the Committee at Shrewsbury caused Thirteen Irish Rebels taken in Hostility against the Parliament to suffer Death, according to an Ordinance of Parliament herewith sent; therefore, by your express Command, Thirteen English Protestants, who had Quarter given them by your Officers that took them Prisoners, were notwithstanding murdered upon cool Blood; and that you have resolved to proceed in the same Manner for the future; a Relation and Resolution so strange, that the Truth thereof might justly be suspected, were it not verified by Letters from that Committee of the 24th of March last to the Speaker of the House of Commons, and by a Letter of the 23th of March sent to the same Committee by your Direction, and subscribed by one Ralph Goodwin your Secretary (as is informed), which doth own and avow the Fact; and therefore the Two Houses of Parliament, being deeply affected with such cruel Massacres committed upon their Protestant Brethren, whose Lives they value as their own, have commanded me to acquaint your Highness, that 'tis evident, by undoubted Proof, that the Rebels of Ireland (whatever they pretended to some on this Side the Sea) did really intend by that odious Rebellion to wrest that Kingdom for ever from the Crown of England, to the utter Disherison of the King and His Posterity, and to extirpate the English Nation and Protestant Religion; and for that Purpose have solicited, by their Agents, the bringing over of powerful Aids from Foreign Parts, to assist them in this their intended Conquest; and have set up the Spanish Colours publicly, both at Wexford and Galloway; have caused their Captains, Officers, and others, to make Oath before their Titular Clergy, that they shall not suffer any English or Protestants to live in that Kingdom; that they prosecuted this horrid Design by murdering, hanging, drowning, burning alive, and starving, within few Months, in One Province, One Hundred and Fifty-four Thousand of harmless Brittish Protestants, Men, Women, and Children, without Distinction of Age or Sex, without any Provocation given, but living securely by them, in a full and settled Peace; that the King, first, by Proclamation attested by His own Royal Signature, and Privy Signet, hath proclaimed them Traitors and Rebels; and, since that Time, both Kingdom and Parliament, by Four several Acts of Parliament, have declared and styled them in the same Manner; and further His Majesty, by Act of Parliament, hath consented that all Pardons granted to them, or any of them, before Attainder, shall be void: Now that such bloody barbarous Miscreants, so odious both to God and Men, so obnoxious to Law and Justice (even by the Judgement of both Sides), coming out of Ireland (where they neither did give nor receive Quarter), to burn and lay waste this Kingdom, as they have done, that should after all this be admitted to receive Quarter here, and consequently be made equal in Exchange with the English Nation and Protestants, the Lords and Commons of the Parliament of England cannot, with Religion, Honour, or Justice, in any Sort consent unto it; and have commanded me to let your Highness and all other Commanders on that Side know, that if hereafter, upon executing the Irish Rebels in Pursuance of that just Ordinance, any unjust Pretext shall be made, to murder in cool Blood any Officer, Soldier, or Seaman, in the Service of the Parliament, that the Two Houses have Resolved, and do hereby Declare, That, for every Officer, Soldier, and Seaman, so causelessly massacred, they shall and must (though with deep Sorrow and Reluctancy) cause so many of the Prisoners remaining in their Power to be put to Death in the same Manner; and therefore do earnestly desire your Highness, and all other your inferior Commanders, to forbear by such prodigious Cruelty to imbase the Value of the English Nation, which, they are consident, will be resented with Indignation, even by those English Protestants who are for the present deceived into Arms against the Protestant Religion and the Parliament of England; to whom they shall be ready to allow Quarter and equal Exchange as before, and for whom they dayly pray that Almighty God would open their Eyes, and reduce them into the right Way. Sir, this being all I have in Command, I take my Leave, and remain,

4 April. 1645.

"Your."

Lords desire the Continuance of the Commissioners of the Great Seal; and that the Revenue, Admiralty, &c. may be managed by Committees of both Houses.

"The Lords having passed the Ordinance sent up by you, for discharging the Members of both Houses from all Offices, both Military and Civil, without any Addition or Alteration, to prevent Delays: This Ordinance being passed, the Lords think it fit to propound, that those Places in the Kingdom which usually the Nobility heretofore have been intrusted with, as the Great Seal, that of the Revenue, and the Admiralty and Navy, being now managed by Committees, those Committees may consist of Members of both Houses, as the Power they exercise is derived from both: To this End, they desire that the Great Seal may be continued in the Hands of those Lords and Commons who are now intrusted with it; that a proportionable Number of Lords may be added to the Committee for the Revenue; that the Admiralty and Navy may be settled in a Committee of Lords and Commons chosen for that Purpose; and lastly, that this may be done by Ordinance of Parliament, such Ordinance to continue for Six Months."

and that the Earl of Manchester's Power for regulating the University of Cambridge, &c. shall continue.

"The Lords are of Opinion, that the Ordinance for discharging the Members of both Houses from all Offices, both Military and Civil, or any Thing therein contained, doth not lessen or take away the Powers granted to the Earl of Manchester by the Ordinance of the 22th of January, 1642, intituled, "An Ordinance for regulating the University of Cambridge, and for removing of scandalous Ministers in the Seven associate Counties."

Lords Answer to the Declaration of the H. C. for preserving the Peerage.

"The Lords, taking into Consideration the seasonable and acceptable Declaration which the House of Commons lately made, with Respect unto the Peers, have thought fit to let you know, that, notwithstanding some Discourses that pass frequently about this Town, they could never suspect that the House of Commons, composed of so many Gentlemen of ancient Families, would do any Act to prejudice the Nobility of England; so as, upon the Assurance which you have given them by this Declaration, they do rest fully satisfied of the House of Commons real Intentions to maintain the Rights, Privileges, and Honour, belonging to the Places and Persons of the Peers; which doth not only encourage them chearfully to join with you, in hazarding their Lives and Fortunes for the carrying on of this Common Cause, wherein both Houses and the whole Kingdom are now so deeply engaged; but will, by the Blessing of God, prove the most effectual and certain Means so firmly to unite the Houses, and settle so perfect an Understanding between them, as shall frustrate the Endeavours of all those who seek to misinform, asperse, or divide the Houses, and may probably soonest deliver the Kingdom from the Miseries which they suffer by this unnatural War; and the Lords do desire the House of Commons to be assured, that they will be as tender of any Thing that concerns the House of Commons, as they can be of their own Honour and just Rights."

Ordinance for pressing Watermen, &c.

"It is this Day Ordained and Declared, by the Lords and Commons assembled in Parliament, That the respective Committees of the Militia of London and Midd. and of the neighbouring Counties, and their Sub-committees, shall have Power, and are hereby required and authorized, to enter into any House or Place where they suspect any Person or Persons fit to be imprested for the present Service are hid or harboured, and to imprest every such Person and Persons, according to the Limitations of the Ordinances for impresting of Men: And further, the said Lords and Commons do hereby likewise Ordain and Declare, That the Eight Rulers of the Watermen, or any Two of them, shall have Power, and are hereby also authorized and required, to imprest so many Watermen and Barges as shall be by the said several Committees and their Sub-committees thought necessary, for conveying and carrying such Soldiers as shall be imprested for the present Service from London to Maydenhead; allowing to every such Waterman or Bargeman as shall be so imprested, and employed in this Service, the Sum of Five Shillings, for his Voyage or Freight from London to Maydenhead, and back again: Provided always, That neither this Ordinance, nor any Thing therein contained, shall extend to the entering into any House, or other Place, in the Possession of any Peer of this Realm, or any Member, Assistant, or Attendant, of or on either House of Parliament; any Thing herein contained to the contrary in any Wise notwithstanding."

Ordinance for seizing Monies of Mr. Coryton's, coming to him in Right of his Wise, on the Death of her Father Mr. Mills.

"Whereas it appeareth, that John Coryton of Newton, in the Parish of St. Melwin, in the County of Cornwall, Gentleman, is actually in Arms against the Parliament, and hath lately married Elizabeth Milles, the sole and only Daughter of John Milles; and whereas the said John Milles, by his last Will and Testament, amongst other Things, bequeathed unto John Young and Thomas Young the Sum of Two Thousand Pounds, in Trust, to and for the Use of the said Elizabeth, now the Wife of the said John Coryton, to be paid unto her when she should accomplish the Age of Sixteen Years; and, in case she should happen to die before she should accomplish the said Age of Sixteen Years, that then the said Two Thousand Pounds should remain to other Uses mentioned in the said Will, as in the same appeareth; and several other Sums of Money being likewise due and owing to the said John Coryton, in the Right of his said Wife, and now in the Hands of the said John Young and Thomas Young: It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for the Preservation and Safety of the associated Western Counties, by themselves or their Agents or Deputies, shall have Power, and are hereby authorized, to take and seize into their Hands and Custodies the said Two Thousand Pounds, and other Sums of Money, to and for the necessary Use and Service of the West, to be paid, when the same shall become due and payable, unto the said John Coriton; and the said John Young and Thomas Young are hereby required and authorized to pay the same accordingly; and in so doing, they shall be protected, and saved harmless, and kept indemnified, by the Authority and Power of both Houses of Parliament: And it is further Ordered and Ordained, That if the said John Young and Thomas Young shall refuse or neglect to pay the same unto the said Committee, their Agents or Deputies, as aforesaid (the same being demanded), that then the said Committee shall have Power, and are hereby authorized, to commit such Person unto Prison, until such Person shall have satisfied the same; and also the said Committee, their Agents and Deputies, upon Receipt and Payment of the said Two Thousand Pounds, and other Sums of Monies, or any Part thereof, shall give Discharges and Acquittances for the same; which said Acquittances shall be a sufficient Warrant and Discharge for the said John Young and Thomas Young, against the said John Coryton, and his said Wife, and all others whatsoever.

Adjourn.

House adjourned till 9^a cras.