House of Lords Journal Volume 7: 10 November 1645

DIE Lunæ, 10 die Novembris.

PRAYERS,

Ds. Grey de Warke, Speaker.

E. of Clare's Complaint against Capt. Pendock.

Upon reading a Petition of the Earl of Clare: (Here enter it.) It is Ordered, That a Letter be written, from the Speaker, to Colonel Points, "That he examine the Business; and if he find the Matter of Fact to be true, that then he punish the Person offending, for the Injury done to a Peer of this Realm."

Dr. Aylett to institute to Livings in the Province of York.

Ordered, That Doctor Aylett shall institute and induct to the Livings that are within the Province of Yorke, he being, by his Place, Master or Commissary of the Faculties.

Grove and Mills.

Ordered, That the Cause between Grove and Mylles, touching a Decree in the Chancery, shall be heard this Day Sevennight, by Counsel on both Sides, peremptorily; else to be dismissed this House; and both Sides to have Notice thereof.

E. of Lincoln took the Covenant.

This Day the Earl of Lyncolne took and subscribed the Covenant.

The Earl of Manchester reported from the Committee of both Kingdoms a Paper; which was read, as followeth:

"Die Saturni, 8 Nov. 1645.

"At the Committee of both Kingdoms, at Derby House.

Blagrave to be Major of the Reading Regiment.

Ordered, That it be reported to both Houses, That Captain Blagrave, being Eldest Captain of Foot in Reading, may be made Major of the Regiment there, and command the Three Hundred Men that are to go out in the Service against Donington."

Approved of; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. about the following Particulars.

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

1. To put them in Mind of the Scotts Officers Petition.

2. To put them in Mind of Captain Cannon's Ordinance.

3. To desire their Concurrence, for Colonel George Payne to be Governor of Abingdon, it being at the Desire of Major General Browne.

4. To desire Concurrence, that Captain Blagrave, Captain of Foot at Reading, may be Major of the Regiment.

5. The Lords having long since passed an Order concerning Mr. Vice Admiral Batten, for his commanding a Tower by Plymouth, which, by his Care, and much at his Cost, hath been built; the Lords desire their Concurrence therein, the Person having deserved so well of the State.

The Petition of the Lord Cromwell, was read, as follows:

L. Cromwell's Petition, to be released out of Custody:

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Thomas Lord Cromwell, Baron of Ouckham.

My Lords,

"According to the Declaration of both Houses I came in, and presented myself to your Lordships; and am now, by your Lordships Justice, under Restraint with the Gentleman Usher of the Black Rod, where, in regard of the Charge and the low Condition of Fortune I am now brought to, I am not able to support myself.

"Therefore I humbly beg the Favour my sad and weak Condition of Estate and Body (both groaning under this Restraint) may be taken into your Lordships honourable Consideration; and that your Lordships will be pleased to afford me such Liberty as your Lordships shall think fit; which, upon my Honour and Reputation, I will not transgress, that I may go on with what may conduce to my faithful Service in the Cause depending; and I shall constantly acknowledge your Lordships Favour and Justice.

"Cromwell."

To give Bail for his Appearance.

Ordered, That the Lord Cromwell shall be bailed, to appear before this House when he shall be summoned; the Security to be by Way of Recognizance, his Lordship in the Sum of One Thousand Pounds, and Two Sureties in Five Hundred Pounds apiece; the Bail to be presented to this House To-morrow Morning, to be approved of.

L. Wharton to report the Treaty with the Scots.

The Lord Wharton being returned from Scotland; it is Ordered, That he make Report of the Treaty with the Commissioners of the Parliament of Scotland To-morrow Morning.

Dr. Walker's Negotiation in Flanders.

The Earl of Denbigh reported from the Committee of the Admiralty, "That Doctor Walker, who was employed by the Houses of Parliament into Flanders, about Ships stayed there, and sending of Arms hither against the Parliament, hath made a very large and ample Report of the whole Negociation; which the Commissioners for the Admiralty think it very fit and requisite that he make the same Report to both Houses, at a (fn. 1) Committee."

Letter from the Governor of Flanders.

Also his Lordship reported, a Letter from the Governor of Flanders; which being in French, it is Ordered to be translated into English.

Ordered, That there be a Conference desired of the House of Commons, on Wednesday Morning, to hear Doctor Walker make his Report of his Agency in Flanders.

Message from the H. C. about the Pass, &c. for Prince Rupert and others, to leave the Kingdom;

A Message was brought from the House of Commons, by Sir Wm. Lewis Knight, &c.

To desire Concurrence in many Particulars:

1. They agree to the Pass for Prince Rupert, &c. to go out of the Kingdom, with some Alterations, wherein they desire their Lordships Concurrence.

(Here enter it.)

Agreed to.

2. They agree to the Instructions to be given to the Persons that are to take their Engagements, with an Alteration, wherein their Lordships Concurrence is desired. (Here enter it.)

Agreed to.

3. That it be referred to the Committee of both Kingdoms, forthwith to dispatch away the Messenger that came from Prince Rupert, and to appoint a sufficient Convoy to go along with the Princes and their Company, and to dispatch away an Order to those that are to see the Pass and Instructions agreed by both Houses, touching their Transportation, put in due Exetion.

Agreed to.

with a Committees Name for South'ton;

4. That Thomas Bettisworth Esquire be added to the Committees for the County of Southhampton; and that he have Leave to go out of the County, during his Sheriffalty, to the Service against Dennington Castle, or elsewhere, for the Service of the Kingdom.

Agreed to.

and with Orders, &c.

5. An Order, That Colonel Pope and his Officers may have Commissions. (Here enter it.)

Agreed to.

6. An Order for the Minister that brought the News of Sir Wm. Vaughan's Defeat, to have Fifty Pounds, out of Habberdashers Hall. (Here enter it.)

Agreed to.

7. An Order for Five Hundred Pounds, out of the Excise, for the Service of the Forces against Dennington Castle. (Here enter it.)

Agreed to.

8. An Order to pay Twenty Pounds to the Messenger that brought the News of taking Shelford House, out of Haberdashers Hall. (Here enter it.)

Agreed to.

9. Committees to be added to the County of Dorsett. (Here enter it.)

Agreed to.

10. An Order for the Lord Lisle to have his Arrears out of Twenty Parts not discovered.

(Here enter it.)

Agreed to.

11. An Order for Colonel Mitten to be Governor of Owestre. (Here enter it.)

Agreed to.

12. A Vote, That the Word ["Excise"] (fn. 2) be added to the Ordinance of 26 Nov. 1644.

(Here enter it.)

Agreed to.

13. An Order concerning Captain Turpin's Daughters. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Beck's Order.

Ordered, That the House of Commons be put in Mind, by the next Message, of the Business of taking off the Sequestration of Jeremiah Becke.

E. of Clare's Petition, complaining of Capt. Pendock's Behaviour at his House at Haughton.

"For the Right Honourable my very good Lord the Lord Gray, Speaker of the House of Peers.

"My Lord,

"I am sorry I have Occasion to resort to the Lords Justice, against one Captain Pendocke, a Kind of a Freeholder (as I am informed) in Nottinghamsheir, who the last Month, when the Yorkesheir Forces blocked up Welbecke, being quartered in a Village near Haughton, my House of Residence, very sufficient for his Troop, commanded besides from my House Provisions, of Corn and Hay, Beef, Mutton, Veal, and Pork, for his Soldiers; and for his own Tooth, Pullen and Rabbets; to the Value of above Four Pounds every Day; which that barren Place not affording, my whole Fortune there yielding no more than the bare Feeding of some of my Children, but all consumed by Newarke and other Garrisons, though my Servants brought him what they had, even to the pinching of my poor Children, he committed them to the Common Gaol with Rogues and Cutpurses; which Indignity of Contempt (the worst of Miseries) by so base a Hand offered to a Peer, though the meanest among you, and but an inutilis Servus, I thought in Duty I could not smother; but humbly submit it to your Lordships, for such Reparation as you shall in your Wisdoms hold me worthy; withall desiring the Lords will be informed, that my Servants, not ignorant of my Affections, have in their Way furthered the Service of the Parliament to their uttermost; and when they shall do otherwise, that I shall be so far from avowing them, as I shall readily cast the First Stone at them: So, craving your Lordships Pardon for this Interruption with my private Trifles, I rest,

"My Lord,

"Your most humble Servant,

Drury Lane, 10th of November, 1645.

"Clare."

Col. Pope and his Officers to have Commissions.

"Ordered, by the Lords and Commons in Parliament assembled, That the Members of both Houses that are of the Committee of both Kingdoms do grant a Commission to Colonel Pope, and the Officers under him, to command the Regiment of Foot lately raised, or to be raised, by him, for the Service of the Parliament."

Order for 50l. to the Minister that brought the News of Sir William Vaughan's Defeat.

"Ordered, by the Lords and Commons assembled in Parliament, That the Minister that brought Letters, and the good News of the routing of the King's Forces under Sir William Vaughan, shall have the Sum of Fifty Pounds bestowed upon him, for his Pains: And it is further Ordered, That the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said Fifty Pounds to him accordingly."

Order for the Commissioners of Excise to reimburse themselves 500l. advanced for the Service against Donington Castle.

Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Five Hundred Pounds, Part of Three Thousand Pounds, charged by Ordinance of the 4th of November, 1645, with Interest at Eight Pounds per Cent. from the Advance of the Money, until it shall be paid in Course out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, for the providing of Ammunition and other Materials propounded and desired for the Service against Dennington Castle: Be it Ordained, by the Lords and Commons in Parliament, That the said Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and paid the said Sum of Five Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, upon the said Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default of such Intervals, then as the same shall follow in Course of the said Ordinance of the Fourth of November, 1645; and shall not, by any Ordinance of Parliament, be debarred from Satisfaction of the said Principal and Interest accordingly: And be it further Ordained, That in case the said Five Hundred Pounds and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Intervals or Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors and Administrators, shall [ (fn. 3) be reimbursed and paid,] out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of the said Principal and Interest accordingly: And the present Commissioners of Excise are hereby authorized to pay the said Sum of Five Hundred Pounds to William Allen Gentleman, Treasurer for the County of Bucks, Berks, and Oxon, whose Receipt shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the said Five Hundred Pounds, and every Part thereof."

Order for 20l. to the Messenger from Shelford House.

"Ordered, by the Lords and Commons in Parliament assembled, That the Messenger that brought the Letter from Colonel General Poynts, of the good News of taking Shelford House, shall have Twenty Pounds bestowed upon him, for his Pains; and that the Committee of Lords and Commons for Advance of Monies, sitting at Habberdashers Hall, do forthwith pay the said Twenty Pounds."

Commitees for Dorset.

"Ordered, by the Lords and Commons assembled in Parliament, That Christopher Erle, William Carunt, and John Arthur, Esquires, are hereby added to the Committee for the County of Dorsett."

Order for 1500l. to Lord Lisle, on Accompt, for his Arrears.

"Ordered, by the Lords and Commons assembled in Parliament, That my Lord Lisle shall have the Allowance of Fifteen Hundred Pounds, out of the Fifth and Twentieth Part of such Persons as he shall discover to the Committee at Habberdash'rs Hall, not yet discovered; the said Fifteen Hundred Pounds to be paid upon Accompt, and to be deducted out of the Arrears due unto him for his Service in Ireland."

Col. Mitton to be Governor of Oswestry.

"Ordered, by the Lords and Commons assembled in Parliament, That the Members of both Houses that are of the Committee of both Kingdoms do grant a Commission to Colonel Mitton, to be Governor of Oswestree.

Amendment to the Order for exempting New England Traders from Customs, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That the Word ["Excise"] shall be added to the Ordinance of the 26th of November, 1644, concerning the Exemption of the Traders to and from New England from paying of Customs."

Order for 500l. to each of Captain Turpin's Daughters; and 100£. per Aim. amongst them till they receive it.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Thomasin, Tabitha, and Hannah, the Daughters of Captain Robert Turpyn, who was lately executed in the County of Devon for his good Service done to the Parliament, out of the First Monies that shall be raised upon the Sale of the Estates Real or Personal of Sir John Bancks Knight late Lord Chief Justice of the Common Pleas, of Mr. Justice Heath, and Justice Foster, shall have and receive the Sum of Five Hundred Pounds apiece; and that, in the mean Time, for their present Subsistence, they shall receive the Sum of One Hundred Pounds per Annum, out of the Profits of such of their Estates as lie within the Parliament's Quarters; the said One Hundred Pounds per Annum to be paid Quarterly, by equal Portions, and the First Payments thereof to begin at Michaelmas last past."

A Pass for Prince Rupert, &c. to go out of the Kingdom.

"Whereas Prince Rupert, by his Letters, one directed to both Houses of Parliament, the other to Colonel Rossiter, that signified, "That himself, his Brother Prince Maurice, and many Officers and Gentlemen of Quality, have resolved to leave this Kingdom, being altogether disengaged from His Majesty's Service wherein they have been, and being desirous to retire themselves from any Action in this present War;" the said Prince Rupert hath desired the Favour of the Parliament, to grant a Pass, for himself, his Brother Prince Maurice, and divers other Officers and Gentlemen that come along with them, together with their Servants, Horses, and Necessaries, to go beyond the Seas; the said Prince Rup't engaging his Honour, for himself and them, not to act any Thing to the Prejudice of the Parliament, nor that any Act of Hostility should be done by him or them, and that there is no other Design in their Journey than to go where their particular Occasions and Designs shall lead them: It is therefore thought fit, and so Ordered, by the Lords and Commons in Parliament assembled, That the said Prince Rup't, Prince Maurice, and such other Officers and Gentlemen of Quality, with their Servants, Horses, and Necessaries, as the said Prince shall name, and deliver a List thereof to the Messenger that shall bring him this Pass, may freely and quietly pass, without any Interruption, to the several Ports of Yarmouth, Dover, Rye, or South'ton, or to any of them, within Fourteen Days next after the said Prince Rup't shall receive this Pass (so as they come not through the City of London, nor within the Lines of Communication); and shall, at the said Ports, or any of them, embark and transport themselves, with the First Opportunity, out of the King's Dominions, when they have engaged themselves upon their Honours, and subscribe it with their own Hands particularly, before such Persons as both Houses of Parliament shall authorize to receive the same, that they will never more bear Arms, or act any Thing, against the Parliament of England."

Instructions for Persons who are to receive their Engagements, to leave the Kingdom.

"It is Ordained, by the Lords and Commons in Parliament assembled, That Mr. Edward Pickering, together with Colonel Edward Rosseter, Sir Richard Skevington, Colonel William Purefoy, Colonel Bridges, Mr. Henry Harbert, and Mr. Nicholas Lechmere, or any One or more of them, shall receive the Engagements and Undertakings of Prince Rupert, Prince Maurice, and such other Officers and Persons of Quality, with their Servants, as, by virtue of a Pass from both Houses of Parliament, bearing Date the Day of November, shall have Liberty to go to the Ports of Yarmouth, Dover, Rye, or South'ton, to transport themselves beyond the Seas, out of His Majesty's Dominions, after such Engagements made, and subscribed with their own Hands particularly, that they, nor any of them, shall ever bear Arms, or act any Thing, against the Parliament of England; and the said Mr. Edward Pickering, with such of the Persons before-named as shall accompany him, shall take a List of the Names of such as so shall engage, and return the same, with the Time and Place of making such Engagement, to both Houses of Parliament."