House of Lords Journal Volume 7: 6 June 1645

DIE Veneris, 6 die Junii.

PRAYERS, by Doctor Staunton.

Ds. Wharton, Speaker this Day.

Letter to The States General.

The Lord Wharton reported from the Committee of both Kingdoms, a Letter in Lattin, to be sent to The States of The United Provinces, with the Declaration.

The Letter was read, and approved of; and Ordered to be sent to the House of Commons, to desire their Concurrence therein.

Next, a Letter was read, directed, "To the Right Honourable the Lord Graye, Speaker of the Honourable House of Lords. These, humbly present.

Edwards sent up by the Committee of Shropshire, with their Reasons for it.

"Right Honourable,

"According to an Order of this Honourable House, dated the 15th Day of this Instant May, we have sent up the Body of Thomas Edwards Gentleman, mentioned in the said Order; and do make bold to present unto you here inclosed a Certificate of the Causes proved before us against him, whereupon he was committed, as by the said Order we were commanded; and do rest

"Your Honour's most humble Servants,

Salop, 26 of May, 1645.

"Tho. Niccolls.
H. Mackworth.
Leigh Owen.
And. Lloyd.
Tho. Hunt."

Next, the Charge was read; and Ordered, That the said Edwards shall put in his Answer in Writing to the same; and that he stand committed to the Custody of the Gentleman Usher of this House.

(Here enter it.)

Message to the H. C. with the Letter to The States General;

A Message was sent to the House of Commons, by (fn. 1) Doctor Heath, &c.

and the Rutland Ordinance.

To desire their Concurrence in the Lattin Letter to be sent to The States of The United Provinces; and to desire their Expedition in the Ordinance concerning Rutlandshire.

Message from thence, for Sir S. Luke to continue Governor of Newport Pagnell;

A Message was brought from the House of Commons, by Denzell Holles Esquire, &c.

To desire Concurrence in these Particulars:

1. To desire that Sir Sam. Luke may be continued Governor of Newport Pagnall for Twenty Days longer, in regard of the King's Approach to those Parts.

(Here enter it.)

Agreed to.

and with Orders; and a Circular Letter for recruiting Sir T. Fairfax's Army.

2. For Public Faith to be given to Colonel Wm. Herbert, for Five Hundred Eighty-eight Pounds, Twelve Shillings. (Here enter it.)

Agreed to.

3. A Draught of a Letter to be sent to Essex, and to other Counties, mutatis mutandis, for putting into Execution the Recruit of Sir Thomas Fairefax's Army.

(Here enter it.)

Agreed to.

4. An Ordinance for issuing (fn. 2) out of the Excise Two Thousand Pounds, for the Affairs of the West, in Prosecution of the former Ordinance for Twelve Thousand Pounds. (Here enter it.)

Read Thrice, and Agreed to.

5. An Ordinance for raising Twenty Thousand Pounds, for reducing of Oxford.

Read Twice, and Ordered to be committed to the Committee of the whole House.

The Answer returned was:

Answer.

That this House will take into Consideration the Ordinance for raising Twenty Thousand Pounds, for reducing of Oxford, and will send an Answer by Messengers of their own: To all the rest, their Lordships do (fn. 3) agree.

Sir H. Foster and Lady Newburgh, & al.

Ordered, That the Cause concerning the Lord North and Sir Humphry Forster shall be heard on Monday Morning next.

The King marching Southward.

The Earl of Manchester reported, "That the Committee of both Kingdoms have received Information, that the King marcheth Southward, his Forlorn Hope at Harbourough, the main Body following; their Foot Quarters about Kybworth, Noselye, Scevington, and Tilton."

His Lordship further reported an Order from that Committee, "That the Petition of Major General Holborne be recommended to the House of Lords, to be by them sent down to the House of Commons."

The said Petition was read, as follows:

General Holborn's Petition, for 240£. expended in raising his Troop, and for a Consideration for his Services.

"To the Right Honourable the Committee of both Kingdoms.

"The humble Petition of Major General Holborne;

"Sheweth,

"That, about the 30th of December last, your Petitioner had Order from the Committee of Somersett, and Commission from Sir Wm. Waller accordingly, for the raising of a Troop of Horse, out of divers Hundreds in the said County; but, by reason of the Enemy's possessing much of those Parts, he could not then raise above Ten or Eleven Horses: Nevertheless, your Petitioner, finding it important for the Public Service to be furnished with a competent Troop, he raised to the Number of Fifty and more, and provided them with Furniture and Arms compleat, at his own Charges, being to the Value of Two Hundred and Forty Pounds, which Troop, so raised, constituted, and armed, is now reduced under the Command of Captain Smith, without any Consideration had of your Petitioner's Charges.

"That your Petitioner hath, with Diligence, Integrity, and Faithfulness, served the Parliament, to the best of his Abilities.

"That, notwithstanding your Petitioner had the Title of a Major General, and hath been employed upon very hard Services for above these Twelve Months, he hath scarce received the Pay of a Cornet of a single Troop of Horse, in which Case his Condition is singular.

"Your Petitioner doth therefore humbly desire, that the Two Hundred and Forty Pounds bestowed by him in raising his Troop may be re-paid him; and that he may have some Satisfaction for his Service."

Ordered, That this Petition be sent down to the House of Commons, with Recommendations.

Ordinance for Martial Law in Kent.

The House was adjourned during Pleasure into a Committee of the whole House, to take into Consideration the Ordinance for Martial Law for the County of Kent.

The House being resumed;

The said Ordinance was Agreed to, with some Alterations and a Proviso; and Ordered to be sent to the House of Commons.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree to the Letter to be sent to The States of the United Provinces; and to the Additions and Alterations for the regulating of the Excise: (Here enter it). As concerning the Ordinance for Rutlandshire, and the Letters of the Lord Inchequin, they will take them into Consideration, and send an Answer by Messengers of their own.

Message to them, with Ordinances; and to re-mind them of the Earl of Lincoln's 1001.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To let them (fn. 4) know, that this House have passed the Ordinance for Martial Law for Kent, with some Alterations, wherein their Concurrence is desired.

2. To desire their Concurrence in the Ordinance for making Mr. Bond Master of The Savoy.

3. To put them in Mind of the Business of the Earl of Lyncolne, concerning One Hundred Pounds.

Author, &c. of Mercurius Civicus.

Ordered, That the Printer and Authors of Mercurius Civicus shall appear To-morrow Morning.

Countess of Peterborough Privilege.

Ordered, That this House declares, That the Countess of Peterburgh is to enjoy the Privilege of Parliament as a Peer, and not to be rated but by this House, according to the Proviso in the Ordinance for raising Money for the Scottish Army.

Reasons of the Committee of Shrooshire, for the Commitment of Edwards.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Certificate of the Committee for Safety of the County of Salop, touching the Cause of the Commitment of Thomas Edwards Gentleman.

"In Obedience to your Lordships Order sent unto us (by the Hands of the Usher of the House's Deputy attending your Lordships), dated the Six teenth Day of this Instant May, we humbly certify your Lordships:

"1. That, ever since the Beginning of these Wars, the said Mr. Edwards hath been an active Instrument on the King's Party, and forward in giving the Enemy all Assistance to his Power against the Parliament; himself in Person joining with the Lord Capell and Commissioners of Array, against Sir William Brereton and his Forces, and furnishing him with Horse, Riders, and Arms, for the Design against Namptwich.

"2. That, although Wem was engarrisoned, and in the Parliament's Possession, by the Space of a Twelvemonth at least, yet he never during all that Time appeared, or declared himself as a Friend to the Parliament; but still acted with the Enemy, though then more covertly, until Oswestry was taken, being within Five Miles of his Habitation where his Lands and Estate lie.

"3. That he was an Assessor for the raising and levying of Monies within the Hundred of Oswestry, for that Party, for the Maintenance of the War against the Parliament, by Warrant from the Commissioners of Array.

"4. That he himself hath been employed in Wales by the King's Party; which we are the more strongly induced to believe, for that, since the Taking of Shrewsbury, we have found a Paper amongst the Enemy's Proceedings before the Commanders of Prince Rup't at Shrewsbury (whilst it was in their Possession), which intimates that he was to be employed as an Agent or Intelligencer into Pembrookeshire on the Enemy's Party; and the better to colour the Business, and to smother the Causes of Suspicion, he was to procure a Pass into Pembrookeshire from the Parliament's Forces in these Parts; and did, from Time to Time, hold Correspondency by Letters with the Chief of Prince Rup't's Commanders; and, upon his Examination before us since his Commitment, confessed he had a Pass; for which, and many other Particulars proved against him, he is adjudged a Delinquent, and his Estate sequestered.

"5. That he being in Wales about the Time of the Taking of Oswestry, at his Return Home (not shewing himself to the Committee there, though formerly much conversant in that Garrison), he speedily hasted up to London, and pretended himself a Friend; but, perceiving a Difference betwixt Colonel Mitton and the Committee, used all Means to foment the Difference, and, after his Return Home into the Country, wrote up to London a most false and scandalous Letter against the Committee; which Differences have much retarded the Business of the State within this County, in the reducing thereof to the Obedience of the Parliament.

"For these Causes principally, and for that, he being examined upon some of these Particulars, he refused to make any direct Answer; we thought fit, in our Discretions, not to trust him with his Liberty in any of our Garrisons, finding him of a turbulent and factious Spirit, but to secure him, not knowing certainly he had any Relation to the Right Honourable the Earl of Suffolke, until his Lordship pleased to write his Letter unto us to that Purpose, which we received above Two Months after the Date of the same; at which Time also we received by the Hands of his Wife the Copy of an Order, as was alledged, from your Lordships, for his Enlargement, and a Certificate to have been made of the Causes of his Restraint; but coming but in a private Way to us, and not by any Messenger sent by your Lordships, and the Public Affairs of our County continually pressing upon us, we were bold to take the more Liberty for the Preparations for our Certificate, believing that he procured that Employment but that he might obtain the fairer Opportunity to molest and trouble the Peace of this County; and in the mean Time, though he hath not been absolutely discharged, yet, according to his Desire, we removed him from Wem to Shrewsbury, where he hath had Liberty at his Pleasure. These Things we humbly make bold to offer to your Lordships Considerations, resting at your Honours further Commands,

"And. Lloyd.
J. Mackworth.
Rob't Charleton.
Tho. Hunt.
Leigh Owen."

Sir S. Luke to continue Governor of Newport Pagnell.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Samuell Luke be continued Governor for Newport Pagnell for Twenty Days, unless the Houses take further Order."

Order for 508l. 12s. to Col. Herbert.

"Upon the humble Petition of Colonel William Herbert, and a Certificate of 4 Aprilis, 1645, from Auditor Broad, That the Sum of Five Hundred Four Score Eight Pounds, and Twelve Shillings, is due to the said Colonel, for his Entertainment, and Monies lent and Horses served in by him for the State: It is Ordered, by the Lords and Commons in Parliament, That the said Colonel shall have the Public Faith, for the said Sum of Five Hundred Four Score Eight Pounds, and Twelve Shillings."

Circular Letter sent to the Eastern associated Counties, to send in their Recruits for Sir T. Fairfax's Army.

"Gentlemen,

"We have heretofore, by our Letters, appointed you to levy and impress One Thousand Men, for the recruiting of the Army under the Command of Sir Thomas Fairefax, which should long since have been delivered at the Rendezvous, of which Number we are certified by the Commissary of the Musters that did attend that Service, that what Number of Men soever you have levied and delivered to your Conductors, yet the Officers of the Army have received only Five Hundred and Sixty Men, which is much short of the Number, and is to the exceeding great Prejudice of the Public Service: We conceive that it is not the impressing of Men, and delivering them to your own Conductors, doth answer the Trust and Care reposed in you in that Behalf; but the delivering of them to the Officers of the Army: We are therefore to desire, and do again appoint you, to take present Order, that there be levied and impressed Four Hundred and Forty Men; and that Care be taken by you for the cloathing of them, as we have by our former Letters directed, and for the bringing of them to such Rendezvous, and at such Time, as shall be appointed by Sir Thomas Fairefax; in the Performance of which Service, we shall desire you to prevent the like Miscarriage as have formerly happened, the Soldiers running away from their Conductors, and spoiling the Country as they march. In this we have exceeding great Cause to be very instant with you; and therefore will not doubt of your Diligence herein, and so we rest

"Your &c.

"The Houses do further expect an Account from you, whether any of the Men imprested by you have returned to their County, and whether the Ordinance for the Punishment of such as have returned hath been put in due Execution; and do require that the said Ordinance be, from Time to Time, put in due Execution, to prevent the Return of such imprested Men for the future.

"For the Committee of Parliament withi the County of Essex.

"The Number of imprest Soldiers, from the several Counties and Places appointed (by Ordinance of Parliament), to have been in Readiness at St. Albanes by the 7th of May, 1645, for Recruit of the Army under Sir Thomas Fairefax's Command, with the Number of what are come in, and the Defects of the several Counties; (videlicet),

Order for the Commissioners of Excise to re-pay themselves 20001. advanced for the Service of the West.

"Whereas, by Order of Parliament, of 31th May last, Twelve Thousand Pounds were assigned upon the Receipts of the Excise, upon the Ordinance of Parliament, dated 11 Septembris, 1643, for the Service of the West; and whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, have consented to advance and lend Two Thousand Pounds, towards the Supply of that Service: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise shall and may reimburse themselves; and that their Executors, Administrators, and Assigns, shall be reimbursed the said Two Thousand Pounds, together with Interest, after the Rate of Eight Pounds 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 when other Assignments already made shall not happen to fall due; or, in Default thereof, then in such Course and Order as this Ordinance, according to the Date hereof, shall succeed; for which Reimbursement of Principal and Interest, this Ordinance shall be their, the said Commissioners of Excise or new Impost, or their Successors, Warrant and sufficient Discharge: And it is further Ordained, That the said Two Thousand Pounds, by the Commissioners so advanced and lent, shall be paid unto Michaell Herring, of London, for the Use aforesaid, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."

Letter to The States General.

"Ordinibus Generalibus Belgiæ Confederatis.

"Illustrissimi ac Præpotentes Domini,.

"Ne quid dubii Rumor obtrectans excitare queat in illustrissimis vestris Excellentiis, de constanti nostrâ veterem illam quæ utrinque inter hæc Regna & (fn. 5) Unitas illas Provincias intercedit Amicitiam tenendi & colendi Sinceritate, hanc geminam tractatæ inter nos & nuperos vestros Extraordinarios Legatos Negotiationis Narrationem ad illustrissimas vestras Excellentias transmittere non dubitavimus: Enixè autem rogamus, ut, æquè perpensâ hâc Causâ, & perspectâ Rei Veritate, de sincero nostro Animo summoque Studio, piam Religionis orthodoxæ Propugnationem promovendi, augustum labefactatæ nostri Regis Majestatis Splendorem illustrandi, legitimam Populi Libertatem Salutem instaurandi, atque antiquam utrinque inter hæc Magnæ Britanniæ Regna & vestras illas Provincias Amicitiam & Necestitudinem excolendi, & arctiori Vinculo constringendi, vestræ illustrissimæ & præpotentes Excellentiæ velint esse certæ & securæ; quæ quidem omnia, sicut nobis maximæ, Cordi summoque, Curæ esse asserimus, sic eadem itidem Excellentiis vestris illustrissimis fore gratissima, atque ut ad Dei Gloriam Ecclesiæque Solamen promoveantur, vestra cum nostris sese semper conjunctura amici Animi Vota & Conamina confidimus; id quod faxit Deus, quem ut illustrissimas inclytasque vestras Provincias & Excellentias tueatur ex Animo precamur; et quæ hæc & aliis de Rebus nostris ulteriùs erunt exponenda, nostro vobiscum jamdiu moranti Prolegato Gualtero Stricklando relinquimus, cui & in omnibus integram adhibeatis Fidem, omnemque præstetis. Benevolentiam, enixè contendimus. Dominis illustrissimis vestris Excellentiis,

"Studiosissimi, & ad Officia paratissimi,

"Proceres & Ordines Communium Parliamenti Angliæ."

Ordinance for regulating the Excise.

"Whereas sundry Persons liable to the Payment of the Duty of Excise, contrary to the true Intent and Meaning of the several Ordinances passed in that Behalf do leave no Means unpractised to defraud the State: To the Intent that the timely removing of many growing Obstructions in the managing of those Affairs may take away all Discouragements from the Officers intrusted therein, and that the State may be no longer defrauded in this so great and necessary Service; the Lords and Commons in Parliament assembled, for advancing and improving the same, do hereby Ordain and Declare, That the Earl of Northumberland, Earl of Kent, Earl of Rutland, Earl of Pembrooke, Earl of Essex, Earl of Nottingham, Earl of Suff. Earl of Salisbury, Earl of Warwicke, Earl of Denbigh, Earl of Bollingbrooke, Earl of Manchester, Earl of Stamford, Lord Viscount Say & Seale, Lord Berkly, Lord Dacres, Lord Wharton, Lord Willoughby, Lord North, Lord Mountague, Lord Grey of Warke, Lord Roberts, Lord Maynard, Lord Howard of Esc. Lord Herbert, Lord Bruce, Mr. Vascall, Mr. John Ash, Mr. Edward Ash, Mr. Reynolds, Mr. Recorder, Mr. Bond, Mr. Squire Bence, Mr. Alexander Bence, Mr. Prideaux, Mr. Trenchard, Mr. Beddingfeild, Mr. Greene, Mr. Jennor, Mr. Hoyle, Sir Oliver Luke, Bulstrod Whitlocke Esquire, Mr. Cornelius Holland, Mr. John Roll, Mr. Anthony Nicholls, Mr. Richard Barwis, Sir Dudly North, Sir Wm. Brereton, Sir John Curson, Sir Samuell Roll, Sir William Masham, Mr. Nathaniell Stephens, Mr. Valentine Walton, Sir Wm. Litton, Sir Robert Harley Knight of the Bath, Mr. Augustine Skinner, Sir Anthony Irby, Mr. Wm. Ellis, Sir Christofer Wray, Sir Arthur Haselrigg, Mr. Wm. Ashurst, Sir Gilbert Gerrard, Mr. Isaac Penington, Mr. Henry Herbert, Mr. Richard Knightly, Mr. Gilbert Millington, Sir John Potts, Mr. Thomas Toll, Mr. Miles Corbett, Sir Thomas Widdrington, Sir Robert Pye, Sir Rich'd Onslow, Mr. Mich. Noble, Mr. Wm. Spurstowe, Mr. Richard Whitehead, Sir Wm. Lewis, Mr. John Gourden, Mr. Alexand'r Popham, Mr. Anthony Stapley, Mr. Tho. Moore, John Wild Serjeant at Law, Wm. Purefoy Esquire, Ferd. Lord Fairefax, Peregrin Pelham Esquire, Sir Henry Cholmely, Mr. Rich'd Harmon, Mr. Jeson, Sir Tho. Dacres, Mr. Rigby, Mr. Sallway, Sir John Corbett, or any Five of them, be Committees for Excise, and shall sit Once in every Fourteen Days, or oftener if Need shall require; and shall have further Power to send for Parties, Witnesses, Writings, and Records, and to commit to Prison such as shall appear unto them to hinder and oppose the Execution of the several Ordinances of Excise, or the Ministers employed in that Service; and shall, from Time to Time, debate, consult, and advise, of all Ways and Means, for the Improvement of the Excise, for the best Advantage of the State, in Pursuance of the several Ordinances of Parliament; and to prepare such Ordinances, for the removing of Obstructions and Improvement of the Excise, as they shall think fit and necessary."

Adjourn.

House adjourned till 9^a cras.