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 Saturni, 3 die Maii.
Flute and Plusher.
Sir Charles Coote's Commission.
Next, was read the Commission for Sir Charles Coote to be President of Connaught, and Agreed to; and Ordered, That the Commissioners of the Great Seal shall pass the same under the Great Seal of England.
Ordinance for a Committee in Ireland.
Colonel West's Ordinance.
Message from the H. C. with an Ordinance, and Orders.
(fn. 1) 4. An Order concerning the Paper of The States Ambassador to the Committee for Foreign Affairs.
That concerning the Ordinances touching Wine and Oil, their Lordships will send an Answer by Messengers of their own: To all the rest of the Particulars of this Message, their Lordships will send an Answer by Messengers of their own.
The Earl of Northumb. reported from the Committee of both Kingdoms (fn. 2) a Paper as followeth:
Sir William Riddall to be released;
and Sir John Henderson, and sent back to Denmark.
"2. That it be reported to the Houses, as the Opinion of this Committee, That Sir John Henderson be set at Liberty, to return to Denmarke; and that, in the Letter to the King of Denmarke, to be desired for the future not to employ any that hath been actually in Arms against these Kingdoms, and are within the Compass of the Declaration of both Kingdoms, as Sir John Henderson is, and so might have been justly censured and punished, according to his Demerits."
Message to the H. C. to concur in their
Releasement; and with the Answer to the Earl of Leven.
To deliver the Draught of the Letters to them to be sent to the Earl of Leven, and to the Commissioners attending the Scottish Army, and the Report concerning Sir Wm. Riddall and Sir John Henderson; and desire their Concurrence therein.
Examinations in the Cause between Fairfax, Legay, and Jhannes.
Ordered, That Christopher Ayres shall shew unto Doctor Aylett the Examinations, Books, and Accompts. remaining in his Hands, concerning the Cause depending in his House between Jhannes and Fairfaix, and report unto this House.
Colonel West's Ordinance.
Declaration in Behalf of Sir John Conyers.
Ordered, That the Earl of Northumb. shall draw up something, and present to this House, to be offered to the House of Commons, on Behalf of Sir John Conyers, touching his being Lieutenant of The Tower.
Wife, for a Disturbance in Sutton Marsh.
Commission for Sir Charles Coote to be President of Connaught.
Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all Men (fn. 3) to whom these Presents shall come, Greeting.
Know ye, That We, by the Advice and Consent of Our Parliament of England, in Consideration of the many great and important Services performed against the Rebels in Ireland by Our Right Trusty and Well-beloved Sir Charles Coote Knight and Baronet; as also of his Courage, Wisdom, and Circumspection; have given and granted, and by these Presents do give and grant, unto him the said Sir Charles Coote, the Office of Lord President of Our Province of Connaught; and the said Sir Charles Coote Lord President and Chief Governor of Our said Province of Connaght We do by these Presents constitute, ordain, and make; and to the said Sir Charles Coote [ (fn. 3) the Office of] Chief Governor of Our said Province and of Our Subjects there resident We do commit; and further do give and grant by these Presents, to the said Sir Charles Coote Knight and Baronet, in and for the Execution and Exercise of the said Office of Lord President, all such Wages, Fees, and Allowances, Profits, Commodities, Emoluments, Jurisdictions, Preheminencies, and Dignities, as Sir Charles Wilmott, late Lord Viscount Wilmott of Athlone, and the late Lord Viscount Rannelaugh, or the late Earl of Clanrickird, or any of them, received, had, or enjoyed, as Lords Presidents of the said Province of Connaght; and We do further give and grant unto the said Sir Charles Coote Knight and Baronet, the Keeping of Our House of Athlone, in Our said Province of Connaght, and also the Command of Our said House, as Constable there, and of the Town of Athlone, and Lands and Liberties of The Brawney, in Our County of Westmeath, and of all the Lands, Tenements, and Hereditaments, together with the Customs belong ing to the Manor of Athlone, and to the Abbies of St. Peter and St. Benedict, and to either of them, in the several Counties of Rostoman and Westmeath, and of all other Lands, Provisions, and Commodities, which the said Sir Charles Wilmott, late Lord Viscount Wilmott of Athlone, and the late Lord Viscount Rannelaugh, or the late Earl of Clanrickird, or any of them, received, had, or enjoyed, as Lord Presidents of the said Province of Connaght; and We do further give and grant unto the said Sir Charles Coote all other Fees, Profits, Entertainments, Allowances Ordinary and Extraordinary, Jurisdictions, and Preheminences, as hath been heretofore enjoyed by the said Sir Charles Wilmott, and Lord Viscount Rannelaugh, or the Earl of Clanrickird, or any of them, received, had, or enjoyed, as Lord Presidents, and belonging to the said Government; giving and granting unto the said Sir Charles Coote, Knight and Baronet, full Power and Authority to rule and govern Our said People within Our said Province of Connaght, according to such Instructions and Directions as are now annexed in a Schedule to these Presents, or as shall at any Time hereafter be given or directed unto him by Us, by the Advice of Our said Parliament of England; to have, exercise, and enjoy, the said Office of Lord President, to the said Sir Charles Coote, with all Fees, Wages, Profits, Allowances, Jurisdictions, Preheminences, Privileges, Authorities, and Appurtenances, before by these Presents mentioned, during Our Pleasure, signified by the Advice (fn. 4) of Our Parliament of England: And whereas the said Sir Charles Coote, in respect of Our Service in other Parts or Places, may have Occasion to be absent out of Our said Province of Connaght, and that, in such his Absence, Our Pleasure is, some meet Person or Persons may be substituted, to govern that Province, as Vice President, Commissioner, or Commissioners; We do therefore, by these Presents, by the Advice aforesaid, give full Power and Authority to the said Sir Charles Coote, to appoint, choose, and substitute, in his Absence, such meet and convenient Person or Persons, to be his Vice President, Commissioner, or Commissioners, of the said Province of Connaght, as he will answer for; and the said Person or Persons, so appointed, chosen, and substituted, We do, by these Presents, authorize to govern and rule Our said Province of Connaght, in the Absence of the said Sir Charles Coote, to all Respects and Purposes as if the said Sir Charles Coote were Personally present, and did and might rule by Authority aforesaid; willing, and hereby strictly charging and commanding, all Our Officers, as well Civil as Martial, and all Manner Our loving Subjects, to be respectively aiding, assistant, and obedient, to the said Sir Charles Coote, or any other or others authorized by or under him as aforesaid, in the Execution of the said Office, as they will answer the contrary at their Perils."
1. You shall hear and determine (by the Advice and with the Assistance of the Council there) all Civil Actions, as well Real as Personal, and all Suits and Controversies whatsoever, happening betwixt Party and Party; and shall punish all such Offences and Misdemeanors, in such Manner and Form, and according to such Process and Proceedings, by Fine, Imprisonment, and Corporal Punishment, as have been formerly used in the said Presidency of Connaght, in the Time, and during the Government, of the last Lord President.
"2. You shall keep a Gaol Delivery, at all Times when you shall see Cause, within the said Province; and therein to take Cognizance of all Treasons, Felonies, and all other Criminal Offences whatsoever; and proceed to the Execution of all Traitors, Felons, and all other Delinquents; or otherwise to punish them, according to the Laws of the Land; and in such Manner and Form as the Justices of Gaol Delivery, or the Lord President of that Province, have been used to do.
3. You shall, with all Care, Diligence, and Sincerity, by the Advice of the said Provincial Council and the Council of War, or so many of them as you can conveniently advise withall, manage, govern, direct, and carry on, the War betwixt the Brittish Protestants, which (fn. 5) have adhered to, and declared themselves for, the Parliament of England, and the Irish Popish Rebels there, and all such as adhere to or take Part with them, against the said Brittish Protestants; and that you shall prosecute, with Fire, Sword, and all Manner of hostile Acts, the said Rebels and their Abettors, and use your utmost Endeavours to extirpate and root them out.
4. You shall, upon all Occasions, summon and keep a Martial Court, and hold a Council of War, in such Manner as hath been there accustomed; and therein to punish by Death or otherwise, and to constitute Laws and Ordinances for the better Government of Military Affairs, and proposing such Discipline therein as shall conduce to the ordering of the War; and have Power to exercise Martial Law, and to give Commissions to such as you shall make Choice of, for that Purpose, in several Places: Provided, That you or they shall not execute by Martial Law any Person or Persons who shall be worth Ten Pounds in Goods; or have Forty Shillings per Annum in Freehold, but leave them to their Trial by Law, that the Escheats thereby may come to the Crown, unless in extraordinary Cases, by Advice of the Council of War, it be found necessary.
5. You shall carefully dispose and improve all such Lands, Tenements, Rents, Goods, Chattels, and Hereditaments, either by Lease or Custodium, during the Wars, as have or shall belong to any of the Rebels, or their Abettors, towards the Maintenance of that War, or of such Persons as have merited in that Service, so that there may be an Accompt had and taken thereof wheresoever it shall be required.
6. You shall conform yourself, and all others there under your Command, to such Form of Church Government and Discipline as shall be set forth by Authority of Parliament; and you shall sufficiently provide for such godly Ministers as shall submit to that Government and Discipline.
7. You shall, upon all Occasions, raise, levy, array, arm, list, and put into Pay, His Majesty's Subjects, and employ them against the Rebels; and give, confer, and dispose, all Offices and Commands, both Military and Civil, belonging to a Commander in Chief, or such as have been incident or appendent to that Government.
8. You shall, for the better carrying on of the War, keep Correspondency with the other Armies under the Command of the Parliament of England, and from Time to Time obey and execute such further Instructions as you shall receive from both Houses of the Parliament of England, or from any other authorized by them.
9. And that you, by Example and Perswasion, do endeavour to draw the Officers and Soldiers of that Province to subscribe for Lands, in Satisfaction of all or Part of their Arrear, according to the Rates mentioned in the Acts of Subscriptions for Lands in Ireland; which Lands shall be assured to them by Authority of Parliament of England, at the End of the War, according to their respective Subscriptions."
Ordinance for a Committee to reside with the Army in Ireland.
Whereas, by the Votes and Resolutions of both Houses of Parliament, of the 11th of April, 1644, it is Ordained, That Committees be nominated and appointed, by the joint Advice of both Kingdoms, of such Numbers and Qualities as shall be by them agreed on, to be sent with all convenient Speed to reside with the Brittish and Scottish Forces in Ireland, under the Command of the Right Honourable the Earl of Leven, and to be enabled with all ample Instructions, by the joint Advice of both Kingdoms, for the Regulation of the said Forces, and the better carrying on of that War; and whereas the Parliament of Scotland hath appointed Committees, and have sent some of them to reside there, for the Purposes aforesaid, in Pursuance of the said Votes: The Lords and Commons assembled in Parliament do nominate, ordain, and appoint, Arthur Annesley Esquire, Sir Robert King Knight, and William Beale Colonel, or any Two of them, to be a joint Committee with the said Committees and Commissioners of Scotland, to advise, consult, and direct, concerning the carrying on and managing of the War in that Kingdom, for the best Advantage thereof, wherein they are to observe and follow such Instructions, Orders, and Directions, as they shall herewith, or from Time to Time hereafter, receive from both Houses of Parliament, or from the Committee of both Kingdoms residing at Westm. Provided, That this Ordinance shall continue for Eight Months, and no longer."
Committee of both Kingdoms to grant Commissions to such as shall be recommended by the Committee of the West.
"It is Ordained, by the Lords and Commons in Parliament, That the Members of both Houses, being of the Committee of both Kingdoms, or any Six of them, whereof One Lord and Two Commoners to be present, shall have Power, and are hereby authorized, to grant Commissions to such Colonels, and such other inferior Officers, as shall be recommended to them by the Committee of Lords and Commons for the Western associated Counties, for the Service of that Association."
Order for 400 l. to the Commissioners of the Army.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for Advance of Money at Habberdashershall do pay, upon Acccompt, to Colonel Martin Pinder, Harcourt Leighton, Thomas Herbert, and John Potter, Esquires, Commissioners appointed to reside in the Army, a Hundred Pounds to each, to be deducted out of the Arrears due unto them upon their Entertainment."
Order for 490 l. to Mr. Frost.
"The Houses being informed that Four Hundred and Ninety Pounds, formerly charged upon Habberdashers-hall, and Ordered to be paid to Mr. Frost, had been since otherwise disposed by both Houses of Parliament: It is thereupon Ordered, That Four Hundred and Ninety Pounds shall be charged upon Habberdash'rs-hall, and paid to Mr. Frost, for the special Service of the State, according to a former Order, of the 15 Martii last."
States Ambassador's Paper referred to the Committee for Foreign Affairs.
"Ordered, That the Paper presented to the Houses by Monsieur Joachimi, The States Resident Ambassador here, be referred to the Consideration of the Committee of Lords and Commons for Foreign Affairs, who are likewise to consider of some Way, either by Conference with The States Ambassador or otherwise, to prevent the coming forth of the Fleet informed to be prepared in those Parts by Commission from the King."
Order for Three Months Pay to Colonel Wathborne's Troop.
"Ordered, by the Lords and Commons in Parliament assembled, That the Militia of London shall have Power, and are required and authorized, to pay unto Colonel Herriott Washborne, out of the Arrears of those Monies which were raised for the Payment of the Brigade under Sir James Harrington's Command, the Three Months Pay due to his Troop for their Service at Abingdon."
Answer to the Earl of Leven's Letter, desiring him to advance Southward.
"The Committee of both Kingdoms have reported unto us your Lordship's Letter of the 22th of April, wherein you give Notice of your Orders to Lieutenant General Lesley, for the Party under his Command; and that Part of your Army was then listed, and moving towards the Rendezvous, in order to the Advance of the Army Southward; which we since hear is upon the March.
"We are very sensible of your Lordship's Care and good Affections herein; and we look upon the speedy Advance of your Army as an especial Means of carrying on the War this Summer, to the most Advantage, for the Good of both the Kingdoms.
We think fit to give your Lordship Notice, that a considerable Part of the Forces under Sir Thomas Fairefax are employed in a present and necessary Service far West, for the Relief of Taunton, where there are Two Thousand Soldiers, and many well-affected of those Parts in great Distress, by the conjoined Forces of Greenvile, Hopton, Barclay, and others, who besiege them close; and, if they should take that Town, they would be Masters of the West, and able to bring a considerable Army from thence.
"Upon this March of Sir Thomas Fairefax Westward, the Association (from whence ariseth the most Part of the Maintenance for the Armies of both Kingdoms) are left the more naked; and therefore, that the Forces of the Princes Rupert and Maurice may not have too much Opportunity and Liberty to fall either upon the (fn. 6) Rear of the Party sent Westward, or into the Associations, or upon Sir William Brereton, we do most earnestly recommend it to your Lordship, to use all possible Expedition in the speedy Advance of your Army; which we need no further press, because we are confident your Lordship will apprehend it to be so much for the Public Good."
Letter to the Committees with the Scots Army.
We have sent you here inclosed a Copy of the Letter from both Houses to my Lord of Leven, for the speedy advancing of the Scotts Army Southwards; we require you from Time to Time to solicit and promote the same with all Earnestness and Diligence.
Ordinance for Colonel West to be Lieutenant of The Tower of London.
Whereas the Lords and Commons assembled in Parliament did Order, the 23th of April, 1645, That the Lord Mayor, Aldermen, and Common Council of the City of London, should present the Name of a fit Person to both Houses of Parliament, to be Lieutenant of The Tower of London, that thereupon the Houses may take the same into Consideration; and, in Pursuance thereof, the Lord Mayor, Aldermen, and Common Council, did present the Name of Colonel Francis West, as a fit Person to be Lieutenant of The Tower, which both Houses did well approve of: It is therefore Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That Colonel Francis West shall be, and hereby is, constituted and made Lieutenant of The Tower of London; and shall have full Power and Authority, within the said Tower and Liberties thereof, to execute and perform all that belongs to the said Office; and enjoy all the Privilege and Profits belonging thereunto, in as large and ample Manner as any Lieutenant of The Tower heretofore have, or of Right ought to have, executed, performed, or enjoyed."
States Ambassadors Paper, for preserving a good Correspondence between the Two Nations; and desiring Satisfaction for their Ships that have been taken by those of the Parliament.
It is by express Orders of the High and Mighty Lords, my Lords The States Generall of The United Provinces of Netherland, the ancient Friends and Allies of this Kingdom, that I present myself here in this Honourable Assembly.
Your Honours may assure themselves, that my said Lords The States do desire sincerely, and with a good Affection, the Prosperity of this Kingdom; and would rejoice to see it in a better Condition than ever it was.
As their Sincerity can witness these, who know with what Instructions the last Embassy was sent hither the last Year, 1644; and nobody will doubt of it, who shall consider the Interest they have in the Well-being of this Kingdom, either in respect of the Uniformity of Religion, which is the Basis of all politic Government, or in regard of the ancient Alliances and Amity between both Nations.
"When the good Affection of Friends begins to alter, there groweth easily a Bitterness, which afterwards can hardly be eradicated from the Hearts of Neighbours, as Experience hath sufficiently shewed in divers Nations.
"Your Honours know, that in the last Year was demanded, in the Name of my said Lords The States of the United Provinces, Restitution of several Ships and Goods taken, under the Authority of Parliament, from the Inhabitants of The United Provinces, of which then a List was delivered, which from Time to Time was augmented, and is Daily yet increasing by new Complaints.
"Neither have the Damages and Interests suffered by the Proprietors and Freighters of some Ships, taken in the Harbours, and within the Jurisdiction, of The United Provinces, and others, directly against Reason, been paid.
"Much less was Satisfaction given to those who are named in the said List, whose Ships taken contra Jus Gentium are detained, and many other since taken, the Number of which daily exereaseth; and the intolerable Damages are able to take away the Patience from those who lose their Goods in that Manner, many of them having no other Means to maintain their Lives, and that of their poor Wives and Children.
"All which it shall please your Honours to take into Consideration, unto the End their Complaints may cease; give Orders that the said Ships and Goods taken as abovesaid, and yet detained, be restored; and that all interested by reason of the said Taking and Detentions be indemnized of all Expences; Damages, and Interests, which they have suffered, and shall suffer.
"My said Lords The States expect this of the Justice and Equity of the Honourable Parliament; and I a speedy Answer, to send it with all Diligence to them, who otherwise shall be necessitated to think upon the Means by which the Inhabitants of The United Provinces, interested in the Taking and Detention of their Ships and Goods as abovesaid, may be indemnized, and obtain Satisfaction for their Losses and Damages.
Colonel Carleton, a Protection against some of his Creditors, who won't accept of a Composition for their Debts.
"That he hath been long in the Service of the State, and, by Discontinuance of his Trade (he being a Citizen of London), and by ill Servants at Home, much of his Estate is consumed and wasted; as also by the Plundering of his Creditors in the West and North Parts of this Kingdom, where great Part of his Estate lay; that his Creditors have taken out a Commission of Bankrupt against him, who hath to the uttermost of his Ability given Satisfaction to all; yet there are some Two or Three that refuse to take Part with the rest, through a Desire they have of laying him up in Prison, to the utter Ruin of him and his Family."
It is therefore Ordered, by the Lords in Parliament, That since there are Arrears due to the Petitioner by the State for his Personal Service, that he shall have the Protection of this House, to be freed of and from all Suits and Arrests for Debt, until his said Arrears shall be paid unto him, and no longer; and this is to be taken Notice of by his Creditors, and all others whom it may concern, who are to yield Obedience to this Order, as they will answer the contrary to this House at their Perils.
Turner and Wilgrice.
Upon reading of the humble Petition of Thomas Turner this Day in the House, who hath a Cause set down for a Hearing before the Lords in Parliament, between him the said Turner Plantiff, and Daniell Welgris and John Cooper Defendants:
It is Ordered, by the Lords in Parliament, That the said Tho. Turner shall have the Privilege of this House, to be freed of and from Arrests, until the said Cause shall be heard and determined before their Lordships; and hereof those whom it may concern are hereby to take Notice, and yield their Obedience accordingly.
Fairfax, Legay, and Jhannes.
Whereas this House hath, by Order of the 20th of February last, referred a Cause of William Jannes, against Isaac Legay and Daniell Fairefax, concerning the Estate of Anthony Hooper deceased, to be ended and determined by Commissioners Delegates in the Court of Admiralty, which the said Legay and Fairefax oppose; and thereupon Petition and Answer depend in this House:
It is Ordered, by the Lords in Parliament assembled, That the Counsel on both Sides shall be peremptorily heard, at this Bar, on the 16th of this Instant May, by Nine of the Clock in the Morning, touching the said Order; but, in case the Counsel of the said Legay and Fairefax give not Satisfaction to this House why it should be reversed, that then it is hereby ratified and confirmed in all Points. And lastly it is Ordered, That the Judges (Assistants of this House) be desired to be present at the said Hearing; at which Time all Parties, with their Counsel, are to attend.
E. of Denbigh versus Captain Stone & al. Committees for Stafford.
Ordered, by the Lords in Parliament, That the Treasurers Accompts of the Town and County of Stafford, and the Accompt of Captain Henry Stone, or the Copies thereof truly attested, shall be brought or sent up to the Lords in Parliament, by the Sub-committee for Accompts for Staffordshire, at the Hearing of the Cause of the Earl of Denbigh, against Part of the Committee of (fn. 7) Stafford and others, being appointed to be heard at this Bar the 4th of June next, by Order of this House of the 17th of April, 1645; and that Henry Agard, Clerk of the said Committee, shall bring up his Books of Orders at the said Hearing; and that the Advocate, or his Clerk, for the Council of War there, shall bring up his Books also at the same Time.
Order for vacating the Proceedings against Prynn, Bastwick, and Burton, in the Star Chamber and High Commission Court.
Whereas the Lords assembled in Parliament, upon a full and deliberate Hearing of the several Petitions and Counsel of William Prynn Esquire, John Bastwicke Doctor in Physic, and Henry Burton Clerk, touching the obliterating and vacating of an illegal Sentence pronounced against them in the Star Chamber Court, dated the 14th of June, Anno 13° Caroli Regis, as also of another illegal Sentence pronounced against the said William Prynne in the said Star Chamber, dated the 17th of February, Anno 9 Car. Regis, and of another unjust Sentence given against the said Doctor Bastwicke in the High Commission at Lambeth, dated 12th of February, Auno Domini 1643; and, after a due Examination of the whole Proceedings and several Sentences aforesaid against the said Parties, were fully satisfied that the said Proceedings and Sentences were very unjust, and against the Law; and did thereupon Order, upon the 21th Day of March last past, That, if no Person should appear in the said Causes, to shew Cause to the contrary, before the First Day of the next Term, that then this (fn. 8) House would proceed to a final Judgement, for the vacating and obliterating of the said respective Sentences, as illegal and most unjust, and against the Liberty of the Subject, the Law of the Land, and the Great Charter of Magna Charta; since which Time, no Person hath appeared to shew any Cause why the said Sentences should not be vacated and obliterated as aforesaid: Their Lordships, in Pursuance of the said Order, do now finally Adjudge, Order, and Determine, That the several Sentences and Proceedings aforesaid shall forthwith be for ever totally vacated, obliterated, and taken off the File, in all Courts where they are yet remaining, as illegal, and most unjust, against the Liberty of the Subject, the Law of the Land, and Magna Charta, and unfit to continue upon Record; and that the said Parties shall be for ever absolutely freed and totally discharged from the same, and from all Imprisonments, Fines, Degradations, and other Censures, inflicted on them, or either of them, by the said illegal Sentences, and restored to their several Professions and Degrees in the University, of which they were thereby deprived; and that all Estreats and Process in the Court of Exchequer, for levying their said respective Fines, shall be wholly cancelled and revoked.