House of Lords Journal Volume 7: 7 June 1645

DIE Sabbati, 7 die Junii.

PRAYERS, by Mr. Gibson.

Comes Manchester, Speaker this Day.

The Lord Robertes reported from the Committee of (fn. 1) both Kingdoms as follows:

Letter intercepted from Ld. Digby to Col. Legge Governor of Oxford.

"Die Veneris, 6 Junii, 1645.

"At the Committee of both Kingdoms (fn. 2) at DerbyHouse.

"Ordered, That the Letter of the Lord Digby, to Colonel Legg, that was intercepted by Colonel Massie, be reported to both Houses; and that it be left to the Houses to proceed therein as they think fit.

"The Letter:

"For my noble Friend Colonel Wm. Legg, Governor of Oxford.

"Dear Governor,

"Just as this Messenger was taking Horse, I received yours of the 22th, for which I thank you; assuring you, that nothing can come more welcome to me than your Kindness. The Reason of any Limitation in your Order concerning the Oath was chiefly not to give Umbrage to my Lord Southampton if it had been general. I have not Time to write at large both to you and to my Brother Secretary in Cypher; and therefore I must refer you to his Letter, wherein you will see how our Designs lie.

"The Letter to C C C. contained nothing but a Dislike of my Answer to the Propositions you wot of, as not at all satisfactory. All is Villainy and Juggling amongst them. Dear Will, Adieu! Let us hear from you often. I am

Tettbury, the 26 of May, 1645.

"Your faithful Friend and Servant,

"George Digbye."

Committee to consider of it.

Upon reading hereof, this House conceiving this a Business of great Concernment, thought it fit that this Business be examined by a joint Committee of both the Houses.

And this House named these Lords following, to join with a proportionable Number of the House of Commons:

Any Three, to meet on Monday Morning next, at Eight of the Clock, in the Lord Keeper's Lodgings, and afterwards when they please; to examine what Persons they shall think fit, to discover the Truth of this Business; and that Secrecy be kept; and afterwards to make Report hereof to this House.

Message to the H. C. to appoint a Committee to meet them.

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

To deliver the Lord Digbie's Letter to them; and let them know, that this House hath appointed a Committee of Seven Lords, whereof Three of the Quorum, to meet on Monday Morning next, at Eight of the Clock, in the Lord Keeper's Lodgings, to examine the Truth of this Business; and have invested them with Power to send for to examine such Persons as they shall think fit, and to adjourn themselves from Time to Time, as they shall see Cause; and their Lordships do desire that they would appoint a proportionable Number of their House, to join with the Committee of Lords, and to give them the same Power and Authority which the Lords have.

Witness against Edwards to be sent up.

Ordered, That the Committee of Salop do send up the Witnesses, to make good the Charge against Tho. Edwards, within a Month; in the mean Time, the said Edwards is to be in safe Custody.

Colonel Chadwick to be released.

Upon reading the Petition of Colonel Lewis Chadwicke: (Here enter the Petition). It is Ordered, That a Habeas Corpus be issued out, to bring him forthwith before this Bar, to be released.

Long's Petition, to reduce his Troop and Plumley's into One.

Upon reading the Petition of Captain John Long; desiring, "That his own Troop and Captain Plumley's "may be reduced into One:" It is Ordered, To be recommended to the Committee for the Army.

Declaration concerning the Isle of Wight.

Ordered, That this House agrees to the Declaration concerning the Isle of Wight; with the Addition of these Names following, to be added to the Committee of the Isle of Wight:

Message to the H. C. with it.

The Concurrence of the House of Commons to be desired herein:

And accordingly it was sent down, by Doctor Aylett and Doctor Heath, with other Particulars.

Crandley to be Collector of Prize money, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That Captain Richard Crandley be Collector of all the Tenths of Prizes that shall be seized by Private Men of War; as also Collector of all Seizures and other Perquisites that shall be made and become due to the State in Right of the Admiralty."

Whittie to command The John Man of War.

Upon Report of the Earl of Warwicke from the Committee of Lords and Commons for the Admiralty and Cinque Ports: It is Ordered, That Captain Peter Whittie be presented to the Houses of Parliament, for their approving of him to be Captain of the Ship The John; and that, after their Approbation declared, this Committee will give him a Commission for that Command.

Ordered, That this House approves of this Report; and that the Concurrence of the House of Commons be desired herein.

Lady Mountague, a Protection.

Upon reading the Petition of Jane Viscountess Mountague Dowager: (Here enter it). It is Ordered, That if the Committee for Sussex have any Thing to say concerning her Ladyship, that they certify the same to this House; in the mean Time, she is to be protected in her Person and Estate from any Molestation or Trouble.

Message from the H. C. to sit a while.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight:

To desire their Lordships would please to sit (fn. 3) a while.

The Answer returned was:

Answer.

That this House will sit a while, as is desired.

Living and Rule, for disturbing the Countess of Sussex's Fishery at Burnham, to be released.

The House being informed, "That Ric'd Living and Edw. Rule have submitted themselves to the Countess of Sussex:" It is Ordered, That they shall be released of their present Imprisonment, paying their Fees.

Ordinance for Mr. Nisbett to be Minister of Kirklington.

An Ordinance was brought in, by the Lord Wharton, for Phillip Nisbett, Master of Arts, to be Minister of Kirklington, in the North Riding, in the County of Yorke; and being read Twice, it is Ordered to be referred to the Consideration of these Lords following:

Any Three, to meet on Tuesday Morning next, at Nine of the Clock.

Ordinance to collect the Arrears due on sundry Ordinances.

Next, the Ordinance for bringing in Arrears, was read the Second Time, and committed to a Committee of the whole House.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer to the Message they carried to the House of Commons:

1. That they agree to the Ordinance for Martial Law for Kent, with the Additions and Alterations.

(Here enter it.)

2. In adding the Names to the Committee of the Isle of Wight. (Here enter it)

3. That they have appointed a Committee, to join with the Committee of Lords, to examine the Business contained in the Lord Digbie's Letter.

4. That they agree to the Ordinance for making Mr. Bond Master of The Savoy. (Here enter it.)

5. Concerning the One Hundred Pounds of the Earl of Lyncolne, they have taken the same into Consideration.

Ordinance to raise 21,000l. Monthly, for the Scots Army.

The Ordinance for enabling the Committee at Gouldsmithe's Hall to manage the Ordinance of the 20 Feb. 1644, for the speedy raising the One and Twenty Thousand Pounds per Mensem, for Payment of the Scottish Army, &c. was read Thrice, and Agreed to, with an Alteration and a Proviso; and Ordered to be sent to the House of Commons, for their Concurrence therein.

Mr. Beck's Ordinance.

Next, the Ordinance for making Becke Register in the Court of Wards, in Mr. Corbett's Place, was read the Third Time, and Agreed to; and Ordered to be sent to the House of Commons on Monday Morning next, for their Concurrence.

Mr. Smith to be Clerk of the Committee for the Excise.

Ordered, That Mr. Sam. Smyth be recommended to the Lords that are of the Committee for regulating the Excise, that he might be appointed Clerk to attend that Committee.

Message to the H. C. that the Lords will adjourn to P. M.

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

To let them know, it being now late, their Lordships do intend to adjourn this House until Four of the Clock this Afternoon, at which Time they will be ready to receive what the House of Commons have to offer to them.

Lady Mountague's Petition for a Protection.

"To the Right Honourable the Lords assembled in the High Court of Parliament.

"The humble Petition of Jane Viscountess Mountague Dowager;

"Most humbly sheweth,

"That your Petitioner, being first destroyed in her Personal Estate to a very great Value, was inforced to depart her House of Cowdrey in Sussex, as well to avoid the Insolencies of the Garrison there, as through Want of Necessaries for her present Use and Maintenance; and that your Petitioner, seeking Redress from the Committee of that County, and desiring very lately to treat by her Counsel with them, was refused; the said Committee expressing their Resolutions to remove your Petitioner from the Place of her present Residence, to displace her Attendants, and to force their Access to the Person of your Petitioner; whereupon she can conceive no less than forthwith violently to be seized into the Hands of the said Committee, and to be disposed of in such a Place as they shall think fit: Now, for that your Petitioner is a Protestant, and hath always testified her good Affection to the Parliament by her free and early Contributions towards the Maintenance of this Cause, and for that your Petitioner being a Peeress of this Kingdom, and most justly fears this unparalleled, illegal, and uncivil Act to be offered in the Seizure of her Person, unless speedily prevented by some express Order from this Honourable House;

"Your Petitioner in all Humility implores Protection from this High Court of Parliament; and that your Lordships would be pleased to order that she may continue in the Place she now resideth, during her Pleasure; and that her Attendants, being all Protestants, and have taken the Covenant, may not be displaced; but that the said Committee may be prohibited from forcing their Access, or seizing her Person; and that she may enjoy the Privilege and Liberty of a Free-born Subject, and a Person of her Birth and Quality.

"And your Petitioner shall ever pray, &c.

"Jane Mountague."

Colonels Ridgeley and Chadwick's Petition to be protected, and for Atkins to be punished for arresting Chadwick.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Colonel Symon Rudgely and Colonel Lewis Chadwick;

"Humbly sheweth,

"That, about Seven Years since, your Petitioners became Bail for one Colonel James Chadwick, in the King's Bench, for a pretended Debt of One Hundred and Fifty Pounds, due unto one Thomas Atkins Gentleman, for which there hath been Suits in Equity to be relieved against the said Atkins, and a Stay of Proceedings at Law hath been for many Years past, and no Proceedings against the said Colonel James Chadwicke, until of late he was arrested, upon a Judgement obtained against him in these troublesome Times in his Absence, whereupon he was released, of which he never gave your Petitioners Notice; yet the said Attkins, though Mr. Gregge his Attorney advised him not to proceed against your Petitioners, hath taken out Executions against them, by the Instigation of one Grewit his new Attorney; your Petitioner Co lonel Lewis Chadwick being now arrested, and imprisoned thereupon by the Sheriffs of Middlesex, in Westm.

"That your Petitioners have been commanded to attend the Committee of both Kingdoms, to attend the Hearing of a Cause in your Lordships House, prosecuted by the Earl of Denbigh, against some of the Committee of Stafford; which, your Petitioners are assured, is a Plot in One of those Defendants to keep your Petitioners from attending that Cause, being ready for Trial.

"Your Petitioners therefore humbly pray, that, in respect your Petitioners have great Arrears due to them by the State, and are yet unsatisfied, and are not yet discharged from their Attendance on the Committee of both Kingdoms, each of them having been in actual Service ever since the First Beginning of these Troubles, and are yet in Service for the State in the County of Stafford, where they have lost their Estates; that your Lordships will be pleased to Order, that your Petitioner Colonel Lewis Chadwicke be discharged from his Arrest; and that the said Atkins, and Grevett his Attorney, may receive condign Punishment, for causing your Petitioner to be arrested, they knowing your Petitioner to be a Commander, and in actual Service; and that both your Petitioners may have the Protection of this Honourable House, from any Arrests at the Suit of the said Atkins, or any others, until they be discharged of their Attendance here, and have their Arrears allowed unto them.

"And your Petitioners, &c.

"Simon Rigely.
Lewis Chadwicke."

Ordinance for Martial Law in Kent.

"Whereas divers Malignants and ill-affected Persons have lately endeavoured to surprize the Castle of Dover; and whereas divers other Persons have since that, at several Times and Places, traiterously assembled themselves together, in a Warlike Manner, in the County of Kent, and, as well by secret Practices and Contrivances as by open Force, attempted to levy War against the Parliament, and made Uproars, and raised Seditions, in the said County: For the preventing the like for the Time to come, and that Execution may be done upon the Place, to the Terror of all others, and that the Peace of the said County may be the better settled and preserved; it is Ordained, and be it Ordained, by the Lords and Commons, in this present Parliament assembled, That Colonel Sir John Sedley Knight and Baronet, Colonel Sir Michall Livesey, Colonel Sir Richard Hardres, Major Sir Thomas Piers, Sir Anthony Weldon, Captain Sir Isaac Sedley, Colonel Raph Weldon, Colonel John Browne, Colonel Henry Honnywood, Colonel George Newman, Colonel William Kenrick, Colonel Thomas Blunt, Colonel Birch, Colonel William Boothby, Lieutenant Colonel Roberts, Lieutenant Colonel Oxenden, Lieutenant Colonel Bix, Lieutenant Colonel Skevington, Lieutenant Colonel Sadler, Captain Thomas Westrow, Major John Boys Lieutenant of Dover Castle, Captain Broadnox, Captain John Dixwell, Captain John Browne, Captain Beale, Captain John Boys of Wingham, Captain William Skinner, William Jambes, Lambert Godfrey, and Robert Hales, Esquires, Sir Edward Moning Baronet, Sir John Rivers Baronet, Sir Peter Godfrey, Sir Nicholas Miller, Sir James Oxenden, Knights, Captain Humphrey Scott, Captain Robert Scott, Thomas Syliard, and Thomas Franklyn, Esquires, or any Twelve or more of them shall be, and are hereby constituted and made, Commissioners and Council of War, within the said County of Kent; and shall have full Power and Authority, within the said County, to hear and determine all Causes belonging to Military Cognizance, and to proceed to the Trial, Condemnation, and Execution, of all such Person and Persons as have offended as aforesaid, or which shall offend in like Manner, during the Continuance of this Ordinance, within the said County; and to inflict upon them such Punishments, either by Death or otherwise Corporally, according to the Course and Custom of War, and according to the Laws, Articles, and Ordinances of War, at any Time allowed by both Houses of this present Parliament, or according to such further Instructions as they shall receive from both Houses of Parliament, as the said Commissioners, or the major Part of them then present, shall adjudge to appertain to Justice; and to do such other Things as to the right and due Execution of the Power to them hereby committed shall appertain: And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, shall be authorized, from Time to Time, so often as they shall think fit, or shall be ordered thereunto by both or either House of Parliament, to fit in some convenient Place within the said County of Kent, and to appoint a Judge Advocate and Provost Marshal, and all other Officers whatsoever; and the said Judge Advocate is hereby authorized and enabled to receive all Accusations, Articles, Complaints, and Charges, against all or any the Offenders aforesaid, and to examine the Delinquents or Parties charged, and to administer Corporal Oaths to all Witnesses, and them to examine upon Oath, before or at the Trials, as the Cases may require.

"And the said Commissioners, or any Three or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses, in any Place whatsoever, and commit to Prison all such as shall be refractory, or misbehave themselves.

"And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of Peace, and other Officers whatsoever, shall be aiding and assisting to the said Commissioners, in the Execution of the Premises; and that the said Commissioners, and every of them, and all and every other Person and Persons that shall be aiding and assisting to them in the Execution of the Premises, shall be protected, and for ever saved harmless, by the Power and Authority of both Houses of Parliament.

"And it is lastly Provided, That this present Ordinance, and the Authority hereby given to the Persons hereby nominated and appointed, shall endure and have Continuance for Six Months from the making hereof.

"And it is lastly Ordained, by the Authority aforesaid, That the late Ordinance for Martial Law to be executed within the County of Kent, and the Authority thereby given, is, and be hereby, absolutely avoided, made null, and of no Effect.

"Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any Peer of this Realm, or any Member of the House of Commons; or to any Assistant, Officer, or Attendant of the House of Peers, nor to any Officer attending the said House of Commons."

Ordinance for Mr Bond to be Master of The Savoy.

"Whereas, by Ordinance of the Ninth of November, 1644, all the Profits, with the Arrearages, belonging unto the Master of The Savoy, are appointed to be paid unto Mr. Bond, the present Minister there, and that he shall enjoy and receive the same Profits in as full and ample Manner as Doctor Belcanquall, last Master thereof, or any other Master, did, might, or ought to receive the same: But, in regard the said Mr. Bond is not nominated and constituted Master of the perpetual Hospital of The Savoy, many of the Lessees, Farmers, and Tenants unto the Foundation, do thereupon frame and make Excuses for Not-payment of their Rents, according to the Directions of the said Ordinance, pretending they can have no legal Discharge upon Payment of the same: For clearing whereof, and taking away all other Causes of Doubts and Ambiguities, and for settling the said Mr. Bond in the full Possession of what was intended to him by the former Ordinance; be it Declared and Ordained, by the Lords and Commons in Parliament assembled, That the said Mr. Bond shall be, and is hereby, nominated and appointed Master of the perpetual Hospital of The Savoy; and Walter Belcanquall, Doctor in Divinity, is by this Ordinance deprived, amoved, and discharged from being Master of the said Hospital; and the said Mr. Bond shall have and enjoy the same, in as full and ample Manner, and shall be esteemed Master of the said Hospital to all Intents and Puposes, as if he were chosen and elected by the Chaplains of the said perpetual Hospital of The Savoy, and as if the same were granted unto him under the Great Seal of England; and all Lessees, Tenants, and Farmers, and all others that are or ought to pay any Rents, Tithes, or other Duties, unto the Master of The Savoy, are hereby enjoined and required to pay the same unto the said Mr. Bond, and all Arrearages thereof, accordingly; and in so doing, they shall be saved harmless, protected, and kept indemnified, by Authority of both Houses of Parliament."

Declaration concerning the Ordinance for the Safety of the Isle of Wight.

"The Lords and Commons in Parliament assembled do Declare, That the Ordinance bearing Date the 15th Day of July, 1644, concerning the Safety of the Isle of Wight, in the County of South'ton, shall have Continuance, and every Clause, Article, and Sentence, therein contained, for and during the Space of Six Months, from the 13th Day of May, 1645, and no longer: Robert Dillington and John Worsley, Esquires, Mr. Ringwood of Newport, and Mr. Thomas Legg, Gentlemen, to be added to the Committee of the said Isle of Wight."

Adjourn.

House adjourned till 4^a post meridiem.

Post meridiem.

Comes Manchester, Speaker.

Message from the H. C. with the following Letter.

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

That, out of an earnest (fn. 4) Desire to have the Scottish Army march Southwards, they have appointed Two Members of their House with a Letter to them, in which Letter they desire their Lordships Concurrence.

The Letter was read, and Agreed to; and the Speaker to sign it. (Here enter it.)

Letter to the Committee with the Scots Army, and to the Earl of Leven, for him to march Southward.

(fn. 5) "My Lords and Gentlemen,

"The Two Houses of Parliament are so sensible of the miserable Condition of the whole Kingdom, by reason of the Continuance of this unnatural War, that, as from their Souls they desire to see a happy End of it, so do they with the same Affection endeavour all the Ways and Means which may be conducing to it; and cannot judge any to be more effectual at this Time, than the speedy Advance of your Army into the Southern Parts, to join with our Forces, for the suppressing of our common Enemy, who hath taken the Advantage of our great Distance, and thereby Incapacity of a mutual Assistance and Relief of each other, to rage in the Middle Part of this Kingdom, and possess themselves of the Town of Leicester, which adds to their Strength and Reputation, and doth the more necessitate us to provide for a vigorous Defence and Resistance, by a nearer Conjunction of the Forces of both Kingdoms, since that their Motion bends this Way, towards North'ton and the Eastern Association; which, as it makes us earnestly press the speedy Marching of your Army for the Relief of those Parts, so doth it facilitate your Compliance with this Necessity of our earnest Desire, the main Strength of the Enemy being there, and no considerable Force to endanger or annoy the Northern Parts: The Houses apprehend this of so great Importance in the present Posture of our Affairs, that they have expressly sent Two Gentlemen, Members of the House of Commons, Sir Henry Cholmeley and Mr. Nicholls, to represent it unto you; and they are [ (fn. 6) the more] confident of the Impression this will make in your Hearts and Affections, who have already given us such ample Testimony of your Sense and Zeal in this common Cause: We understand that your Commissioners here have already sent Two of their Number unto you for this very Purpose; which we take as a very great Argument of their Affection, and look upon as an Action suitable to the rest of their worthy Endeavours to promote the Public Service. Thus, not thinking it needful to use more Words upon this Subject, especially at this Time, proper only for Action and Prayer, we shall apply ourselves to both, for the advancing of the Happiness of both Kingdoms, the re-gaining of a blessed Peace, with the Settlement of Religion and Liberty, and particularly for the Good and Prosperity of your Army, whose Advance we now so much need and desire, as formerly we have done.

"My Lords, we rest,

Westm this 7th of June, 1645.

"Your very affectionate Friends,

"Manchester, Speaker of the House of Peers pro Tempore.

"Will'm Lenthall, Speaker of the House of Commons."

The Answer returned was:

Answer from the H. C.

That this House agrees in the Letter, and have given Order it be signed presently.

Message from thence, with a Pass, for the Countess of Devon to go to France.

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

To desire Concurrence in a Pass, granted for the Countess of Devon, to go into France.

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Pass.

Adjourn.

House adjourned till 9^a Monday Morning next.