House of Lords Journal Volume 7: 26 July 1645

DIE Sabbati, 26 die Julii

PRAYERS, by Doctor Burges.

Ds Grey de Warke, Speaker

Hutchins to be paid Money due to him

The Lord Robertes reported from the Committee of both Kingdoms, "That it appears that there is Fifteen Hundred Pounds owing from the State to Hutchins, and they think it fit that the same be paid him by the Committee for the Navy"

Which this House approved of, and Ordered, That the Concurrence of the House of Commons should be desired herein

Horses for the Duke of Orleans to be exported

It was moved, as a Request of the French Agent, That a Pass may be granted, for transporting Twelve Horses and Two Mares into France, for the Duke of Orleance"

And it is Ordered, That he shall have a Pass, to transport Twelve Horses, but no Mares, because there is a Statute against it, and the Concurrence of the House of Commons desired herein

Tuke s Servant Pass to Oxford

Upon reading the Petition of James Tuke Esquire, desiring, "he may have Leave to send a Messenger to Oxford, to make a Search at Oxford, whether one Wm Clapham be dead or no, that so he may dispose of a Living, which is in his Gift"

Which this House thought fit to grant, and to desire the Concurrence of the House of Commons herein

Message to the H C about the foregoing Particulars and Colonel Sterling s Petition

A Message was sent to the House of Commons, by Sir Edw Leech and Mr Page

To desire their Concurrence, for a Pass, for Twelve Horses to be transported into France, to the Duke of Orleans.

2 To desire Concurrence, that Auditor Tuck may have Leave to send a Messenger to Oxford, for the Intent mentioned in his Petition

3 To recommend the Petition of Colonel Sterling to them.

4 To desire that the Fifteen Hundred Pounds due to Hutchias may be paid him by the Committee of the Navy

Message from thence, with Ordinances

A Message was brought from the House of Commons, by Mr Whitehead, &c

To desire Concurrence in these Ordinances

1 An Ordinance for paying to Ric'd Knightly Esquire Five Hundred Pounds, out of the Excise, for relieving the Soldiers taken at Naseby Field (Here enter it)

Agreed to.

2 An Ordinance for issuing Five Thousand Pounds, out of the Excise, for the reducing of Winchester and Bazing (Here enter it)

Agreed to

The Answer returned was

Answer

That this House agrees to the Two Ordinances now brought up

Message from thence, with One for electing Elders

A Message was brought from the House of Commons, by Mr Rous, &c

To desire Concurrence in an Ordinance concerning the electing of Elders

The said Ordinance was read Twice, and Ordered, To be committed to a Committee of the whole House, and to be taken into Consideration on Monday Morning next

The Answer returned

Answer

That this House will take this Ordinance now brought up [ (fn. 2) into Consideration], and return an Answer by Messengers of their own

Black Rod s Order for Windsor Little Park

The Order concerning the Little Park of Windsor to be restored to the Gentleman Usher of the Black Rod, was read, and approved of

Smart s Order

The Order concerning Mr Peter Smarte, was read, and approved of (Here enter it)

Report of the Conference about Instructions for the Commissioners going to Scotland

The Speaker reported the Effect of the late Confe rence with the House of Commons, concerning the In structions to be given to the Commissioners of both Houses that go to the Parliament of Scotland "That the House of Commons sending up to their Lordships the said Instructions, their Lordships sent them down with some Alterations, wherein the House of Commons agreed, but afterwards they observed a Marginal Note over against the Sixth Instruction, concerning Carlile, which they apprehend was a Mistake, both for the Manner and Matter, for the Matter, they say that Carlile was a strong Place before the Grand Treaty, and Slighting goes to what it was before, and touching the Manner, the House of Commons conceives it contrary to the Proceedings of Parliament, for One House to put out any Thing which was agreed formerly by both Houses Therefore the House of Commons desired, that the Sixth Instruction may stand, and that an English Garrison may be put into Carlile"

Committee to prepare Heads for a further Conference on this Subject

The House taking this Report into Consideration, and after a Debate, it was Resolved, To have a Con ference with the House of Commons

And the Lord North, Lord Wharton, and the Lord Robertes, were appointed to draw up the Matter of this Conference, upon the Sense of the House upon the Debate

Message to the H C for it

A Message was sent to the House of Commons, by Mr Serjeant Whitfield and Mr Serjeant Fynch

To desire a Conference, in the Painted Chamber, so soon as it may stand with their Conveniency, concerning the Instructions to the Commissioners that are to go into Scotland

Examinations against Griffith.

The Earl of Northumb reported from the Committee, the Particulars of the Examination of the Committee against John Griffith Esquire, which was read (Here enter it)

To be released upon Bail

Ordered, That John Griffith shall be bailed from his present Imprisonment, and bound with good Sureties, which shall be approved of by this House, in a Bond of Two Thousand Pounds, for the keeping of the good Behaviour, and in another Bond of Two Thousand Pounds, for his appearing before this House when he shall be summoned

Message from the H C with a Committee & Name for Midd.

A Message was brought from the House of Commons, by Mr John Lile,

To desire their Lordships Concurrence in these Votes

1. That John Lenthall, of Twickenham, Esquire, be nominated and approved of, to be added to the Committees of the County of Midd.

Agreed to.

with Officers Names;

2. That Captain Poe be nominated and approved of, to be Captain, under Colonel Rosseter, of the Troop of Horse, raised in the Counties of Cambridge, Huntingdon, and Hertford, being Part of the Five Hundred Horse raised in the Eastern Association; and that the Committee of both Kingdoms do grant him a Commission accordingly.

Agreed to.

3. That Mr. Norris Jepson be nominated and appointed, to be Lieutenant Colonel, and (fn. 3) Mr. John Lobb to be Major, of Colonel Norton's Regiment of Foot, now at Portsmouth; and that the Committee of both Kingdoms do grant them Commissions respectively.

Respited.

and to delay the Hearing their Impeachment against the Earl of Stamford & al.

4. To desire that the Day of Hearing of the Earl of Stamford's (fn. 4) Cause may be put off to a further Day, in regard their Witnesses are at Warwicke, and cannot be present on Monday next.

Respited until the Earl of Stamford be present.

The Answer returned was:

Answer.

That this House agrees to the Votes concerning Mr. John Lenthall and Captain Poe; to the rest of the Particulars of this Message, they will send an Answer by Messengers of their own.

The Lord Robertes reported the Heads of the next Conference; which, being read, were approved of.

(Here enter them.)

Ordinance for the Committee for the Northern Association to be of the One for managing the War.

An Ordinance was read, and approved of, for the Lords that are of the Committee for the Northern Association to be added to the Committee for ordering the War; and Ordered, To be sent to the House of Commons, for their Concurrence.

Mr. Serjeant Whitfield and Mr. Serjeant Fynch return with this Answer:

That the House of Commons will give a present Conference, as is desired.

Order for 500l. for Relief of the Prisoners taken at Naseby.

"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, have advanced and lent the Sum of Five Hundred Pounds, for Relief of the Prisoners taken at Naseby: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise or new Impost, their Executors, Administrators, or Assigns, shall be reimbursed the said Five 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, upon the Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, for Want of such Intervals, then as the same shall follow in Course; and that the said Commissioners of Excise shall pay the said Five Hundred Pounds unto Richard Knightly Esquire, a Member of the House of Commons, for the Use aforesaid, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."

Order for 5000l. for reducing Winchester and Basing.

"It is this Day Ordained, by the Lords and Commons in Parliament assembled, That Five Thousand Pounds shall be paid in Course, out of the Receipts of the Excise or new Impost, by Ordinance of the 11th of September, 1643, for the reducing of Winchester and Bazing; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Sum of Five Thousand Pounds according to its due Order and Course, unto the Committee of Hants, or any Three of them, next after the Assignments already made in the said Receipts shall be first satisfied; and the Receipts of the said Committee of Hants, or any Three of them, shall be a sufficient Discharge unto the said Commissioners of Excise or new Impost, and every of them, in that Behalf."

The Report of the Lord Roberts:

Heads for a further Conference, about the Instructions for the Commissioners going to Scotland.

"That the Lords have not mistaken the Proceedings of Parliament, in leaving out the Sixth Instruction, having left out the Eighth Instruction at the Desire of the House of Commons, only with Reference to the leaving out of the Sixth Instruction also.

"That, in the Passages of these Things, which are not so ancient as to have precise Rules, there are many Precedents, wherein it appears that Amendments in such Matters as these go by Messages, which in Bills usually go by Way of Conference.

"That Ordinances have been amended after they had passed both Houses; as the Ordinance for the Directory, which passed both Houses the 3d January last; yet, 5 Martii following, several Amendments were brought from the House of Commons by Message, by leaving out whole Clauses; and adding divers Words; to which this House agreed.

"That to the Matter, the Lords hold it requlsite, in case the Proposition of Newcastle were declined, that the Instruction for a Garrison in Carlile should be declined; there being no Way to insist in this Business, seeing new Overtures are declined, but by adhering to the large Treaty of both Kingdoms."

Sir Tho. Fairfax's Letter, that he had taken Bridgewater, and put Colonel Birch into command there.

"For the Right Honourable the Lord Grey of Warke, Speaker of the House of Peers pro Tempore.

"My Lord,

"I dispatched hence Yesterday Letters to the Committee of both Kingdoms, which gave some Account of God's Blessing upon our Endeavours, in the Storm of Bridgwater, on Monday Morning last. We gained that Part of the Town which lies on this Side the River, and therein above Six Hundred Prisoners, divers Officers of Quality, and Two Pieces of Ordnance. The Enemy fired that Part of the Town wherein we were, immediately after our Entrance; which, continuing all that Day and the next Night, burned down all the Houses, except Two or Three Yesterday, perceiving an obstinate Resolution in the Enemy not to yield the Town; I was forced to use those Extremities for the reducing of it, which brought them immediately to a Parley, and in short to yield the Town upon no other Terms than bare Quarter. We entered the Town this Day, finding great Store of Arms and Ammunition, Thirty-eight Pieces of Ordnance, above One Thousand Prisoners, and amongst them divers Persons of great Quality; whereof Mr. Peters can give you an Account. I have disposed the Command of the Town for the present to Colonel Birch, wherein I doubt not of your Lordships and the House of Commons Approbation. I remain,

"My Lord,

July 23, 1645. 8 at Night.

"Tho. Fairefax."

Smart to receive the Profits of his Prebend of Durham, and Vicarage of Aycliffe, which are withheld from him.

Upon the humble Petition of Peter Smart, Prebend of Durham; shewing,

"That he was restored to the Fourth Prebend there, by Order of this House, of the 22th Day of July, 1641, whereof he had been formerly dispossessed; and was then also ordered to be presented to the Vicarage of Aycliff; in the said Bishopric; whereupon he was restored to the one, and presented to the other; but the Tenants and Parishioners there have wilfully detained the Profits thereof ever since from the Petitioner, being full Four Years past."

It is Ordered, by the Lords in Parliament assembled, That Christopher Fulthrope Esquire, George Bunney Esquire, John Smart Gentleman, Isaack Gilpynn Gentleman, Richard Lilburne Esquire, and Ralph Tunstall Clerk, or any Three of them, are hereby authorized to call before them, and examine, all such Tenants, Witnesses, and others, as they shall think fit, to prove what the Rents, Tithes, and Profits are, due to the said Petitioner, out of the Prebend and Vicarage aforesaid, during the said Four last Years compleatly ended; and what Persons are in Contempt to this House, by disobeying any Order touching the Premises; whose Names being certified, and Affidavit made of their said Contempt, such further Course may be taken as shall be suitable to the Honour and Justice of this House: And lastly it is Ordered, That the said Referees, or any Three of them, are hereby authorized to receive, to the Use of the said Petitioner, all such Rents, Tithes, and Profits, of the said Premises, as are, or have been, due unto the Petitioner (since the Time he was restored and presented as aforesaid); whose Acquittances shall be a sufficient Discharge to the Tenants and others, for such Monies as shall be so received of them by virtue of this Order.

Charge against Griffith.

"1. That the said Griffith, in Summer last was Three Years, did feloniously, and with Force, assault one Margarett Bevan, in the Highway, at Hamersmith, in the County of Midd. and did carnally know her, against her Will; and himself, with other wicked Persons of his Confederacy, did, with Swords and Pistols, assault and affright such as, on the Cries of the said Marg'ett, came in, to see the Cause of her Outcries, and to have rescued her; and hath, since the said Bevan's Examination upon Oath, for Money and Rewards, combined with other evil-disposed Persons, and procured the said Margarett to be conveyed away to Parts unknown, that he thereby might hinder the Discovery of such his wicked Offence.

"2. And the said Griffith, by a false Wile and Train, having procured the Lady Sedley, under Pretence to buy Jewels of the Madam Nurse, to come to a House provided for his own wicked Ends, he there violently assaulted, and endeavoured to force, ravish, and carnally know, the said Lady, against her Will.

"3. That John Griffith hath given out in Speeches, and published, That the Prince Elector had lain with the Lady Herbert, in the said Griffith's Lodgings; and that he, in Revenge of that Disgrace done to himself, had trained the said Lady to his Lodgings, under Pretence that she should there meet the Prince; and that, she being come thither, himself lay with her Three Times, expressing the same in many filthy and vile Speeches.

"Item, That, being drawn into Question for that great Offence by Order of both Houses, and that after he was acquainted that he was questioned for the said Offence, and while he was under Examination, he was so far from being penitent therefor, that he said, "He hoped he should have a Copy of his Charge; and would turn it into all Languages, and send it unto all Nations."

"Item, That, while he was under Restraint for the Premises, he, to the great Scandal of the Public Justice of the Parliament, as of the said Prince, the Lord Herbert and Lady, contrived sundry Libels in Words and Acts; and namely made, or caused to be made, and did publish, a wicked Rhime of the said Prince and Lady; and procured a great Dog to be trimmed up, with Horns and other Things, in a fantastic Fashion; and, with Music and other mimical Gestures, exposed the said Dog to the View of Passengers, and Multitudes of unruly People, in Scorn of his own Offence, the said Prince, and of the Lord Herbert and Lady, and to the great Dishonour of Public Justice.

"Wm. Maynard.

"The Part of the Libel:

"Ladyes, I must teach you Discretion in your Lust, And tell you a Story true and just,

"Of a Champion bould as Hector, Who served almost the Seidge of Troy, Hopeing a Lady to enjoy:

"But she was scornefull, proud, and coy, To all but the Prince Elector."