Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 28 die Aprilis.
Message from the H. C. for Sir T. Fairfax and General Skippon to go to the Relief of Taunton.
A Message was brought from the House of Commons, by Mr. Sam. Browne; who said, "That, upon the Report to the House of Commons from the Committee of both Kingdoms, they have made a Vote, wherein they desire their Lordships Concurrence; videlicet,
Officers to serve under Colonel Grey in Lincolnshire.
Letter from General Cromwell.
Ld. Herbert & al. versus D. of Lenox & al. about Sutton Marsh.
Upon reading the Petition of Phillip Lord Herbert and the Lady Penelope Viscountess Bayning his Wife, Francis Lord Dacre and the Lady Eliz. his Wife, Mary Viscountess Grandison, Relict of Wm. Viscount Grandison, in the Realm of Ireland, deceased. (Here enter it.)
Sir J. Hamilton's Ordinance.
Tenants of Coventry Free School, against the Aldermen there.
Upon reading the Petition of the Poor Men of the City of Coventry, who are Tenants inhabiting and dwelling in Part of the Lands and Tenements belonging to the Free Grammar School in the said City: (Here enter the Petition.) It is Ordered, That a Copy of the Petition be sent to the Aldermen of Coventry, who are to return their Answer to this House within Fourteen Days after the Receipt of it.
General Cromwell's Letter, that he had defeated Part of the King's Forces; and taken a House in Bletchington; commanded by Colonel Windebank.
"According to your Lordships Appointments, I have attended your Service in these Parts, and have not had so fit an Opportunity to give you Account as now. So soon as I received your Commands, I appointed a Rendezvous at Watlington. The Body being come up, I marched to Wheatly Bridge, having sent before to Major General Browne for Intelligence; and it being Market-day at Oxford, from whence I likewise hoped by some of the Market People to gain Notice where the Enemy was. Toward Night, I received certain Notice from Major General Browne, that the Carriages were not stirred; that Prince Maurice was not here; and by Four Oxford Scholars, with their Carriages and Waggons ready, and in another Place Five, all (as conceived) fit for a March, I received Notice also that the Earl of North'ton's Regiment was quartered at Islip. In the Evening I marched that Way, hoping to have surprized them; but, by Mistake, and failing of the Forlorn Hope, they had an Alarum there, and to all their Quarters, and so escaped; by Means whereof, they had Time to draw all together. I kept my Body all Night at Islipp; and in the Morning a Part of the Earl of North'ton's Regiment, the Lord Wilmott's, and the Queen's, came to make an Infall upon me. Sir Thomas Fairefax's Regiment was the First that took the Field; the rest drew out with all possible Speed, and that which is the General's Troop charged a whole Squadron of the Enemy, presently brake it, and our other Troops coming seasonably on, the rest of the Enemy were presently put into a Confusion; so that we had the Chace of them Three or Four Miles, wherein we killed many, and took near Two Hundred Prisoners, and about Four Hundred Horse. Many of them escaped towards Oxford and Woodstocke; divers were drowned; and divers got into a strong House in Bletchington, belonging to Sir Thomas Coggin, wherein Colonel Windebancke kept a Garrison with near Two Hundred, whom I presently summoned; and, after long Treaty, he went out about Twelve at Night, with these Terms here inclosed, leaving us between Two and Three Hundred Muskets, besides Horse Arms, and other Ammunition, and about Threescore and Eleven Horses more. This was the Mercy of God, and nothing more due than a real Acknowledgement; and though we have had greater Mercies, yet none clearer, because, in the first, God brought them to our Hands when we looked not for them, and delivered them out of our Hands when we had laid a reasonable Design which we carefully endeavoured in. It appears in this also, that I did much doubt the storming of the House, it being strong, and well manned, and I having few Dragoons, and this not being my Business; and yet we got it. I hope you will pardon me if I say, God is not enough owned; we look too much to Men and visible Helps, This hath much hindered our Success; but I hope God will direct all to acknowledge Him alone in all.
Articles, between General Cromwell and Colonel Windebank, on the Surrender of it.
"3°. That all the Soldiers in the Garrison are to march away, leaving their Arms, Colours, and Drums, behind them; and for such Officers of Horse as retreat hither for Safety, they are to march away with their Swords.
"5°. That all other Arms and Ammunition shall be delivered up immediately to Lieutenant General Cromwell, without embezzling, except (fn. 1) as above-mentioned.
Petition of the Poor Freemen of Coventry, Tenants of the Free School there.
"That, in 37° Hen. VIII. a Patent was obtained, by John Hales Esquire deceased, for the founding and erecting of a perpetual Free Grammar School there, in the Time aforesaid, as appeareth at large by the true Copy of the Patent, hereunto annexed; and the same being accordingly established to Feoffees, and Lands and Tenements given, &c. by the said John Hales, as also appeareth by a Deed enrolled in Chancery, in the Fifteenth Year of the late Reign of our Sovereign Queen Elizabeth, of Famous Memory, with the Particulars of the Lands, together with a Rental of all and every the Lands and Tenements there included; and, for the further Confirmation thereof, the Mayors, Bailiffs, and Commonalty, by their Petition, procured an Act of Parliament to them for the same, which is also annexed hereunto, as Trustees, to employ for and according to the good and pious Uses of the Donor, for the Education of Children, and the Benefit of Freemen, such who are now Tenants, and your Petitioners, to have and enjoy, according to the Rents, Issues, and Profits, in the said Rental mentioned; yet, notwithstanding, the said Mayor, Bailiffs, and Commonalty, or some of them, contrary to the said Donor's Gift, and the Limitation of the Rents reserved and mentioned in the said Rental, to and for others, for their own private Uses, sold Part of the said Lands and Tenements, taken several Fines for Leases, and have inhanced and raised the said Rents from the old Rents, being Fiftytwo Pounds, Ten Shillings, and Two Pence, to Ninetyfive Pounds, Six Pence, for the remaining Houses and Lands unsold since the said Gift made, as appeareth by an exact Particular hereunto added and annexed, although the School-master hath but the Yearly Stipend of Forty and Three Pounds: And for that many of your Petitioners have suffered Imprisonment, and the turning out of divers of the said Tenants, because they refused to pay more than the old Rents according to the Donor's Gift, and still daily put out, and threatened, if they do not submit to further Exactions and Inhancements, that so your said poor Petitioners are not further able to subsist; and, in respect of their great Poverty and Charge, they are in no Wise able to wage Law, or to stand to the great Hazard of the Displeasures and Delays of the said Mayor, Bailiff, and Commonalty therein; so that the not calling the Premises in Question in this due Time of your most Honourable Assembly in this blessed Parliament, the said pious and charitable Gift will be in a Manner not only utterly abused and neglected, but quite perverted and overthrown.
Wherefore they most humbly pray that the original Donor's Gift, according to the Rental, may be confirmed; that the Lands sold may be made good and restored, and the Fines taken employed to the pious and charitable Uses intended; or a Commission ad pios Usus, for Examinations, Hearing, and Determining of the Particulars, so that your poor Petitioners Grievances may be redressed, their great Oppressions and Burthens mitigated, and the Donor's Gift rectified and established.
Ld. Herbert & al. versus The Duke of Lennux & al. about Sutton Marsh.
"The humble Petition of Phillip Lord Herbert and the Lady Pennelope Viscountess Bayning his Wife, Francis Lord Darre and the Lady Elizabeth his Wife, Mary Viscountess Grandison Relict of William Viscount Grandison in the Realm of Ireland, deceased;
"That your Petitioners, together with the said Lord Grandison and others intrusted for your Petitioners, formerly preferred a Petition to this Honourable House, concerning Sutton Marsh, in the County of Lincoln, against the Right Honourable the Duke of Lenox, and Bevill Wymberley Esquire, as by the Copy thereof hereunto annexed may appear.
That, by reason of the Intervention of the great Affairs of the Realm, the final Determination of the said Cause hath been hitherto forborn; only the Profits of the Lands in Controversy have been sequestered into several Hands, and lately into the Hands of the Right Honourable (fn. 2) "