Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 16 die Januarii.
Ds. Grey de Warke, Speaker.
Answer from the H. C.
Mr. Doctor Aylett and Mr. Doctor Heath returned this Answer from the House of Commons; videlicet,
To that Business of the Marquis Winton, for his Relief, being Prisoner in The Tower; they answer, they have taken it into Consideration.
To the Ordinance for pressing of Mariners, they will return an Answer by Messengers of their own.
To the Ordinance for Martial for Colonel Birch, Governor Hereford. (Here enter it.)
To the Ordinance for Martial Law for Gloucester, they agreed unto. (Here enter it.)
They agree to the Letter to be sent to the State of Genoa. (Here enter it.)
Concerning the Business of the Castle at Yorke, and (fn. 1) the Lady Drake's Petition, they will send an Answer by Messengers of their own.
The Speaker acquainted the House, "That he hath received a Letter, by a Trumpeter, from Oxon;" which was opened, and read publicly in this House, as follows:
Letter from Sir T. Glemham, with One from the King.
For the Right Honourable the Speaker of the House of Peers pro Tempore.
"I am commanded by His Majesty to send unto your Lordship His Majesty's Letter inclosed, and to desire you to deliver the same according to the Directions; and so I rest,
Oxford the 15th of January, 1645.
"Your Lordship's humble Servant,
Letter from the King, desiring an Answer to His former ones, desiring a Personal Treaty.
"For the Speaker of the House of Peers pro Tempore.
"But that these are Times wherein nothing is strange, it were a Thing much to be marvelled at, what should cause this unparalleled long Detention of His Majesty's Trumpet, sent with His Gracious Message of the 26th of December last; Peace being the only Subject of it, and His Majesty's Personal Treaty the Means proposed for it: And it were almost as great a Wonder that His Majesty should be so long from enquiring after it, if the Hourly Expectation thereof had not in some Measure satisfied His Impatience. But lest His Majesty, by His long Silence, should condemn Himself of Carelessness in that which so much concerns the Good of all His People, He thinks it high Time to enquire after His said Trumpeter; for, since all Men who pretend any Goodness must desire Peace, and that all Men know Treaties to be the best and most Christian Way to procure it, and there being as little Question that His Majesty's Personal Presence in it is the likeliest Way to bring it to a happy Issue, He judges there must be some strange Variety of Accidents which causeth this most tedious Delay: Wherefore His Majesty earnestly desires to have a speedy Account of His former Message, the Subject whereof is Peace, and the Means His Personal Presence at Westm.; where the Government of the Church being settled as it was in the Times of the happy and glorious Reigns of Queen Eliza. and King James, with full Liberty for the Ease of their Consciences who will not communicate in that Service established by Law, and likewise for the free and public Use of the Directory prescribed, and by Command of the Two Houses of Parliament now practised in some Parts of the City of London, to such as shall desire to use the same, and all Forces being agreed to be disbanded; His Majesty will then forthwith (as He hath in His Message of the 29th of December last already offered) join with His Two Houses of Parliament, in settling some Way for the Payment of the Public Debts, to His Scotts Subjects, the City of London, and others, And His Majesty having proposed a fair Way for the settling of the Militia, which now by this long Delay seems not to be thought sufficient Security, His Majesty (to shew how really He will employ Himself at His coming to Westminster for making this a lasting Peace, and taking away all Jealousies how groundless soever) will endeavour, upon Debate with His Two Houses, so to dispose of it, as likewise of the Business of Ireland, as may give to them and both Kingdoms just Satisfaction; not doubting also but to give good Contentment to His Two Houses of Parliament, in the Choice of the Lord Admiral, the Officers of State, and others, if His Two Houses, by their ready Inclinations to Peace, shall give Him Encouragement thereunto.
Thus His Majesty having taken Occasion, by His just Impatience, so to explain His Intentions that no Man can doubt of a happy Issue to this succeeding Treaty; if now there shall be so much as a Delay of the same, He calls God and the World to Witness, who they are, that not only hinder, but reject this Kingdom's future Happiness, it being so much the stranger, that His Majesty's coming to Westm', which was first the greatest Pretence for taking up Arms, should be so much as delayed, much less not accepted, or refused. But His Majesty hopes that God will no longer suffer the Malice of wicked Men to hinder the Peace of this too-much-afflicted Kingdom.
"Given at the Court at Oxon, the 15th of January, 1645.
"For the Speaker of the House of Peers pro Tempore; to be communicated to the Two Houses of Parliament at Westm. and to the Commissioners of the Parliament of Scotland."
Ordered, That this Letter be communicated to the House of Commons; and that the Members of this House that are of the Committee of both Kingdoms do communicate the same to the Scotch Commissioners.
Petition from the Court of Aldermen and Common Council, for settling Church Government.
This Day a Petition was delivered, by Alderman Gibbs, and divers other Aldermen and Common Council of the City of London, in the Name of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled. (Here enter it.)
The Petition being publicly read in their Presence, they (fn. 2) withdrew.
And the House, taking the same into Consideration, returned them this Answer following; which was read by the Speaker:
Answer to them.
The Lords have always had great Experience of the Care and good Affections of the Lord Mayor, Aldermen, and Common Council of the City of London, for which they are glad of any Opportunity to express their great Sense, and to return their hearty Thanks; and more especially upon this Occasion, wherein the Common Council have manifested so great Zeal and Faithfulness to the true Worship of Almighty God, and Care for the Peace and Wellordering of the City of London, in which the whole Kingdom is so nearly concerned: The Lords, therefore, upon Consideration of the Petition now presented unto them, and the Expressions of that worthy Alderman made unto their Lordships, have commanded me, in their Names, to give ye farther and larger Acknowledgements for your great Care and Endeavours to prevent so (fn. 3) growing a Mischief; giving ye this Assurance, that, as they have been very forward formerly to do what in them lay for a Settlement of Church Government, so they shall still continue to advance and perfect a Work so much tending to the Glory of God, and to the settling of the Peace of the Kingdom; holding themselves thereunto obliged by their Solemn League and Covenant: And they do seriously recommend it to the Care of the Lord Mayor, and such as are in Office in the City, to suppress and prevent such great Offences by you mentioned, which are so much to the Dishonour of God, and the Disturbance of the present and future Good-government of the City of London; and wherein ye shall find yourselves wanting in Power, the Lords will be ready to contribute (fn. 4) their Authority for your Encouragement and Assistance."
Ordered, That this Petition, and the Answer to it, shall be forthwith printed and published.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Mr. Nicolls, &c.
To desire Concurrence in an Ordinance for Two Thousand Pounds for the Garrison of Portsmouth.
(Here enter it.)
The Answer returned was:
That this House agrees to the Ordinance now brought up.
The Earl of Manchester reported from the Committee of both Kingdoms divers Papers.
"Die Jovis, 15 Januarii, 1645.
"At the Committee of both Kingdoms at Derby House.
Papers from Ireland.
Ordered, That the Two Letters from Mr. Annesley and Sir Rob't Kinge, to Mr. Pierrepont, of the 19th and 26th of November, as also the Three Papers inclosed in the latter of the said Letters, which Papers were taken in the Archbishop of Tuan's Carriages (who was slain near Sligo in Connaught) be reported to both Houses.
"That it be also reported to both Houses, that the Power granted to the Commissioners in Ulster is determined the 4th of January last; and to desire the Houses to continue it for such Time longer as they shall think fit.
"Secretary to the same Committee."
Then the Letters of Mr. Annesley and Sir Rob't King, of the 19th and 26 of November, were read.
(Here enter them.)
The other Papers were read. (Here enter them.)
Message to the H. C. with them, and the Letter from the King;
A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:
1. To communicate the King's Letter to them, read this Day.
2. To communicate the Letters of Mr. Annesly and Sir Rob't Kinge, and the Commissions, this Day read.
and to renew the Commission for Ulster.
3. To desire that they would join with this House, that the Commission formerly granted to Mr. Annesley and Sir Rob't Kinge, lately expired, shall be newed for Six Months succeeding the Date; and that the Commissioners of the Great Seal are hereby authorized and required to issue out a Commission accordingly.
L. Digby's, Goff's, and Jermyn's Letters, to be delivered to the Commitee of both Kingdoms.
Ordered, That such Original Letters between Dr. Goffe and Mr. Jermyn, and Mr. Jermyn and the Lord Digby, as are in the Custody of the Clerk of the Parliaments, shall be delivered to the Earl of Manchester, to be made Use of, in the Affairs of the State, by the Committee of both Kingdoms; afterwards to be returned to the Clerk of the Parliaments.
Petition of the Court of Aldermen and Common Council, for settling Church Government.
"To the Right Honourable the Lords now assembled in the High Court of Parliament.
"The humble Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled;
"That, in November last, the Petitioners made it their humble Request to this Honourable House, that Church Government might be settled; and are most humbly thankful for your favourable Interpretation thereof, proceeding from the good Intentions of the Common Council, who are resolved, according to their Duty, to have a tender Respect to the Privileges of Parliament, whereby the Liberties of the City and Kingdom are preserved: That, in December last, at the Choice of new Common Council-men for the Year ensuing, the Inhabitants of most of the Wards in this City petitioned their respective Aldermen, in their Wardmote, to move your Petitioners to make their farther Address to the Honourable Houses of Parliament, for the speedy settling of Church Government within this City, and against Toleration, as by Copy of One of the said (fn. 5) Petitions annexed appeareth.
"That private Meetings, especially on the Lord's-day (of which there (fn. 6) are at least Eleven in One Parish), are multiplied, whereby the public Congregations, Ordinances, and godly orthodox Ministers, are very much neglected and contemned, as if they were Antichristian, and our present Times were like the primitive Persecutions, or as if we were still under the Tyranny of the Prelatical Government; and by reason of such Meetings, and the Preaching of Women and other ignorant Persons, Superstition, Heresy, Schism, and Prophaneness, are much increased, Families divided, and such Blasphemies as the Petitioners tremble to think on uttered, to the High Dishonour of Almighty God.
"That the Petitioners are informed, that divers Persons have an Intention to petition the Honourable Houses for a Toleration of such Doctrines as are against our Covenant, under the Notion of Liberty of Conscience.
"The Petitioners, therefore, having no Power of themselves to suppress or overcome these growing Evils, do, according to their Covenant, reveal and make the same known to this Honourable House; and for timely Prevention and Removal thereof, do humbly pray, that the Premises may be taken into your most serious Consideration, and that Church Government may speedily be settled, according to our most solemn Covenant with the Most High God, in such Manner and Form as to your Wisdoms shall seem most agreeable thereunto, before we be destroyed one by another through Rents and Divisions; and that no Toleration be granted, either of Popery, Prelacy, Superstition, Heresy, Schism, Prophaneness, or of any Thing contrary to sound Doctrine and the Power of Godliness; and that all private Meetings, contrary to the said Covenant (the rather in regard of the sad Effects thereof), may be restrained.
"And the Petitioners shall pray, &c.
Petition of the Inhabitants of Farringdon Within, about it.
"To the Right Worshipful the Alderman and Common Council-men of the Ward of Farrington Within, at their Wardmote.
"A Representation of the humble and earnest Desires of the Inhabitants of the said Ward.
"1. That Church Government may speedily be settled within this City, before we be utterly ruined with Rents and Divisions.
"2. That the Government may be that which is agreeable to the Word of God, and Example of the best Reformed Churches, according to our solemn League and Covenant with the Most High God.
"3. That no Toleration, either of Popery, Prelacy, Schism, Heresy, Superstition, Prophaneness, or any Thing contrary to sound Doctrine, or the Power of Godliness, may at all be yielded unto, as being against the Word of God, and contrary to the very Letter of our Covenant.
"And these our most humble and earnest Desires, which we are obliged and encouraged also to make by reason of our said Covenant, we intreat the Right Worshipful the Alderman and Common Council-men of this Ward to represent to the Right Honourable the Lord Mayor and the Honourable Court of Common Council at their First Sitting, that they would make their further Address to the Honourable Houses of Parliament for the obtaining of these our just and necessary Desires." (fn. 7)
Order for 2000. for the Garrison of Portsmouth.
"Whereas, by Ordinance of Parliament, dated the 24th of June, 1645, Five Thousand Pounds is assigned in Course, towards the Payment of Two Hundred Pounds per Week to the Garrison of Portsmouth; and whereas Fifteen Hundred Pounds thereof hath already, upon Two several Ordinances of Parliament, dated the 5th of August and 12th of October last, been advanced and lent, by the Commissioners of the Excise and new Impost, to be re-paid by Intervals or Course, which shall first happen; and forasmuch as Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have further advanced and lent the Sum of Two Thousand Pounds, upon the Security of the said Ordinance of the 24th of June aforesaid, and for the Use therein mentioned: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Thomas Foote, and the rest of the Commissioners of Excise and new Impost, shall and may reimburse themselves, and that their Executors, Administrators, or Assigns, shall be reimbursed and paid, by the Commissioners of the Excise for the Time being, the said full Sum of Two Thousand Pounds, together with Interest, after the Rate of Eight Pounds per Cent. from the Date of this Ordinance, at such Time as the same shall happen to fall due, in the Course and Order of the before mentioned Ordinance of the 24th of June last, according to the true Intent and Meaning of the same; and this Ordinance to be a sufficient Warrant, as well to the said present Commissioners for their Reimbursement as aforesaid, as to the Commissioners for the Time being for due Payment of Principal and Interest as aforesaid; and the said Commissioners of Excise are hereby authorized to pay the said Two Thousand Pounds unto Colonel Richard Norton, Governor of the said Town of Portsmouth, for the Use aforesaid, whose Receipt shall be their and every of their sufficient Discharge in that Behalf."
Order for Col. Morgan to exercise Martial Law at Gloucester.
"Be it Ordained, and it is Ordained, by the Lords and Commons in Parliament assembled, That Colonel Thomas Morgan, Governor of Gloucester, calling unto him Field Officers and others, according to the Course of War, shall have Power, and is hereby authorized, to execute Martial Law, within the County of Gloucester, and within the City of Gloucester and County thereof, according to the Articles published and now used in the Army under the Command of Sir Thomas Fairefax: Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any of the Peers of this Realm, or to the Members of the House of Commons, or to any Assistant, Attendant, or Officer of the House of Peers, or Officers of the House of Commons."
Order for Col. Birch to exercise Martial Law at Hereford.
"Be it Ordained, and it is Ordained, by the Lords and Commons in Parliament assembled, That Colonel John Birch, Governor of Hereford, calling unto him Field Officers and others, according to the Course of War, shall have Power, and is hereby authorized, to execute Martial Law within the City and Garrison of Hereford, according to the Articles published and now used in the Army under the Command of Sir Thomas Fairefax: Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any of the Peers of this Realm, or to the Members of the House of Commons, or to any Assistant, Attendant, or Officer of the House of Peers, or Officers of the House of Commons."
Letter to the State of Genoa, in Behalf of the East India Company, whose Goods are detained there on Account of Ricaut's here.
"Screnissime Princeps & Excellentissimi Domini,
Queruntur Præses & Societas nostrorum Londinensium in Indiis Orientalibus negotiantium Mercatorum Equitem Petrum Ricautium id, quod non ita pridem alibi etiam facere nequicquam est conatus, nunc in inclytâ vestrâ Urbe efficere satagere; dum jam nunc Detentionem Bonorum ad dictam Societatem spectantium sub Serenissimâ vestrâ Jurisdictione procuravit, magnam capæris Summam sibi ab eâdem Societate debitam prætendens: Nostrum itaque est, Fuco Ricautio absterso, Vafritiéque ejus detectâ, vestræ Serenitati genuinam Rei Veritatem ob Oculos ponere; quâ perspectâ, non dubitandum censemus, solitam vestram Justitiam nostris Mercatoribus propediem præstò futuram. Res autem sic se habet, quòd Ricautius Angliæ Subditus, et quondam dictæ Societatis unus, æquo nostro contra Perduelles publicato Decreto, Perduellionis reus suit declaratus & damnatus, unde omnia & singula ejus Mobilia & Immobilia, Terra Marique existentia Bona, Consiscationi fuerunt subjecta, & Publicæ Regni Utilitati adhibenda; imò ea quæ in communi Societas Peculio Potestateque habuit, nostro Jussu, secundùm Regni Leges Fisco applicata. Hæc cum ita sint, enixè rogamus, ut Detentionis pro Ricautio iniquè procuratæ Bonorum Societatis Anglicanæ Causâ sublatâ, vestra Serenitas & Excellentiæ malum omnem À Ricautio malè moræ aut movendæ Litis Effectum tolli sine Morâ benevolè æque ac Jure jubeant. Quod si Recautio se habere de quo queri queat videatur, is sese patrio Juri sistere Justitiam, quam hic veram experietur postulare commoneatur. Hoc nobis a vestræ Serenitatis Inclytissimæque (fn. 8) Reipublicæ Justitiâ, pro antiquâ inter verasque hinc inde Gentes æternum servandâ Amicitiâ promittimus, & À solitâ vestrâ in hanc Gentem Benevolentiâ ad Celebritatem mutui Commercii promovendam, iterùm instanter contendimus; atque omnia grati Animi & sinceræ Amicitiæ Officia vicissim offerentes, easdem vestras Serenitatem & Excellentias diutissimè et prosperrimè valere & florere vovemus.
"Serenitatis & Excellentiarum vestrarum
Officiosissimi & studiosissimi,
Ex Palatio Parliamentario Westmonasterii.
"Proceres & Ordines Communium Parliamenti Angliæ.