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 Lunæ, 2 Martii.
PRAYERS, by Mr. Rayner.
Comes Manchester, Speaker.
L. Balmerino and Sir R. Heath.
The Report of the Judges, concerning the Business referred to them by the House between Sir Rob'te Heath and the Lord Balmerino, was read; (videlicet),
"Inter Joh'em D'num Belmerino Quer. & Rob't Heath Mil. Defend.
"According to your Lordships Order of the First of November last, we have, in the Presence of the Lord Balmerino and his Counsel (none attending for the Defendant Sir Rob't Heath), considered of the Plaintiff's Petition, and the Defendant Sir Rob't Heath's Answer, and of the Agreement in the Petition and Answer mentioned, and of the Statute of 21° Jac. of Limitations of Actions; and thereupon we are of Opinion, that the said Statute of Limitation doth extend to this Cause.
17 Jan. 1645.
Wybrantson & al. Dutch Merchants, Petition, for Leave to send Vessels to Dublin, to fetch away their Effects.
Upon reading the Petition of Daniell Wybrantson, Isaac Paulson, and Adrian Paulson, Merchants of Amsterdam and Rotterdam, and Subjects to the Lords and States Generall of The United Provinces; desiring, "That they may be permitted to send into the Haven of Dublin some Three or Four small Vessels, for to fetch off their Ships and Estates at Dublin in Ireland."
It is Ordered, To be referred to the Consideration of the Committee for Foreign Affairs; and the Concurrence of the House of Commons be desired herein: And the said Committee to meet on Wednesday next, in the Afternoon, about this Business; and the former Paper delivered in from The States Ambassador to be then taken into Consideration.
Letter from the Parliament of Scotland.
The Speaker acquainted this House with a Letter delivered by the Lord Wariston from the Parliament of Scotland; which was read, as follows. (Here enter it.)
Discovery to be made of the Persons who raised the Report about the Scots treating with the King.
Hereupon this House Resolved, To communicate this Letter to the House of Commons, with this Sense, "That this House thinks it fit, for the keeping a good Correspondency and Union between the Two Kingdoms, that all possible Means may be used for the Discovery of Robert Wright; and also, for the Satisfaction of the Kingdom of Scotland, that there may be a Discovery of the unknown Knight: As concerning the other Particulars, this House will take them into Consideration."
Message to the H. C. about it;
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
To deliver to them the Letter received this Day from the Parliament of Scotland, with the Sense of this House concerning Rob't Wright, and the Discovery of the unknown Knight.
and with the Dutch Merchants Petition, &c.
2. To communicate to them the Paper of The States Ambassador, and the Petition of Daniell Wybrantson, &c.; and desire that the Committee for Foreign Affairs may meet on Wednesday next, in the Afternoon, to consider of these Two Businesses.
Message from the H. C. that the Propositions may be communicated to the Scots Commissioners, and sent to the King;
A Message was brought from the House of Commons, by Sir Rob't Pye Knight;
To desire their Lordships Concurrence in these Particulars:
1. To let their Lordships know, that the House of Commons doth concur with this House, in communicating the Propositions already passed both Houses to the Scotts Commissioners; and do desire Concurrence with the House of Commons, that they may not only be communicated to the Scotts Commissioners, but that their Concurrence may be desired therein, to the End they may be speeded to His Majesty; and that a fair Copy of them may be made, and examined and signed by both Clerks, and delivered, by the Members of both Houses that are of the Committee of both Kingdoms, to the Scotts Commissioners, according as aforesaid.
to expedite the Ordinance to continue the Commissioners in Ulster, &c.;
2. To desire Expedition to the Ordinance for continuing the Commissioners in Ireland; and to join in the Letter from the Committee for the bringing in the Monies for Ireland. (Here enter it.)
and to add the Recorder to the Admiralty Committee, and Mr. Johnson to the Assembly.
4. To desire Concurrence in a Vote:
"Resolved, &c. That Mr. Recorder be One of the Committee of Lords and Commons for the Admiralty and Cinque Ports, in the Place of Sir Christopher Wray Knight, deceased."
5. For Mr. Johnston to be added to the Assembly of Divines.
The Answer returned was:
That this House agrees in the Ordinance concerning the continuing of the Commissioners in Ireland, and to the adding of Mr. Recorder: To the rest of the Particulars, this House will send an Answer by Messengers of their own.
E. of Newport's Petition, for an Allowance.
Upon reading the Petition of Mountjoy Blount, Earl of Newport; shewing, "That forasmuch as his Estate is sequestered, so that no Part thereof comes to his Hands for his Maintenance; desires to have such Allowance of competent Means for his present Subsistence."
It is Ordered, To be specially recommended to the House of Commons.
Walloons at Dover Petition.
Upon reading the Petition of the Walloones at Dover: (Here enter the Petition.) It is Ordered, To be referred to the Committee for the Cinque Ports, to consider of the Business and report (fn. 1) their Opinions to this House.
Message to the H. C. about adding Lords to the Committee for Ireland.
Ordered, That Mr. Justice Bacon and Mr. Justice Rolls (fn. 2) do deliver this Message to the House of Commons To-morrow Morning, to put them in Mind of (fn. 3) adding to the Committee for the Revenue those Lords formerly sent down.
Ordinance to continue the Commissioners in Ulster.
"Whereas the Lords and Commons in this present Parliament assembled have, by their Ordinance of the Third of May, 1645, nominated, ordained, and appointed, Arthur Annesley Esquire, Sir Robert King Knight, and William Beale Colonel, or any Two of them, to be a joint Committee with the Committee and Commissioners of Scotland, to reside in the Province of Ulster, and to advise, consult, and direct concerning the carrying on and managing of the War of the Kingdom of Ireland for the best Advantage thereof, wherein they were to observe and follow such Instructions, Orders, and Directions, as they should therewith, or from Time to Time thenafter, receive from both Houses of Parliament, from the Committee of both Kingdoms residing at Westm; with a special Proviso, That the said Ordinance should continue for Eight Months, and no longer: Forasmuch as the said Eight Months expired on the Third Day of January last, and that the Service doth require their Residence in those Parts for some longer Time; it is now Ordained, by the Lords and Commons, That the Power and Authority granted unto the said Arthur Annesly Esquire, Sir Robert King Knight, and William Beale Colonel, by the before mentioned Ordinance of the Third of May, 1645, be continued unto them for Six Months longer, to commence from the Third Day of January last: Provided, That nothing in this Ordinance shall extend to the Prejudice or Lessening of any Authority granted, or to be granted, by both Houses of Parliament, to the Lord Lisle Chief Governor of Ireland."
Walloons and other Foreign Protestants Petition, for Leave to erect a Congregation at Dover.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of the Walloones, or French, and other Strangers, professing the true Protestant Religion, residing in Dover;
"That your Petitioners, desirous to serve God in their own Tongue, under a faithful Ministry of the Word and Sacraments, in the Town and Port of Dover, have petitioned the Magistrates of the said Place for their Consent, that your Petitioners might be enabled to petition the Honourable Committee for the County of Kent; which the said Magistrates have freely granted, giving them their Consents under their Hands and Seal of Office; which your Petitioners have tendered unto the said Committee, desiring that they would be pleased to authorize the Erection of a Walloone or French Congregation in the said Town and Port of Dover, with the same Discipline and Immunities which the King's Most Excellent Majesty, and His Royal Ancestors of happy Memory from Edward the Sixth, have graciously granted unto the several Foreign Congregations in the several Places of this Kingdom, and as formerly a Dutch Congregation was erected in the said Port.
"The said Committee do conceive that the Suit of your humble Petitioners is reasonable, and tending to the Glory of God; but found not that it is in their Power to authorize the Erection of a Congregation, but wholly to reside in the Power of the Parliament: And the said Committee, through their good Affections towards your Petitioners Suit, have written in their Behalf unto the Burgesses of Dover sitting in Parliament, for to be represented unto your Honours.
"Your Petitioners most humbly beseech your Honours to be pleased to consider the Premises; that, by the Power of this SupremeCourt, a Walloone Congregation may be erected in the said Town and Port of Dover, to the Glory of God, and as a Means of the Conversion of many Papists.
"And they (as in Duty bound) shall continue daily to pray, &c.
"Iaques le Candele.
Anthony Le Candle."
M. De Haze.
Phillippe le Keux.
Letter from the Parliament of Scotland, for Discovery of the Persons who accused the Scots of treating separately with the King;—complaining of the flow Progress of the Reformation of Religion; and desiring the Propositions for Peace may be expedited.
"For the Right Honnorable the Lords and Commons assembled in the Parliament of England at Westm.
"Being appointed by the Parliament of this Kingdome, now adjourned, to keepe Correspondence with the Honnorable Houses of Parliament of England, and beinge intrusted with the Pursuance of their Desires for the Furtherance of the Common Cause, and the publict and mutuall Good of both Kingdomes; wee doe, in the Name of the Parliament, and by their Authority, certify, That this Kingdome, notwithstanding all their Sufferings and Discouragments, are not moved nor shaken from their former Resolutions and Vows; but will live and dye with their Brethren of England in the Prosecution of the Ends expressed in the solemne League and Covenant; being confident of the like Inclynation and Resolution of the Parliament and Kingdome of England, against all such groundlesse Suspicions and needlesse Jealousyes to the contrary, as bad Instruments from the Begining to this Day have beene, from their Envy of our common Happines, and for their owne private Ends, inventing and suggesting, that all the common Troubles which both Kingdomes have endured may end in a publict Tragedy, to the Scandall and Greife of the Reformed Churches, the hardning and strengthening our common Enemyes; the making of ourselves the Instruments of our owne mutuall Ruine and Destruction, and, which is most of all, the Dishonnor of the greate Name of God, with whome wee have entered in Covenant, for the Propagation of the Gospell, and the Advancement of the Kingdome of His Sonne.
"For the present, according to the Trust committed unto us, wee make our Addresse unto both Houses in the Particulars followinge; and doe not doubt but wee shall receive such Sattisfaction as may bee a reall Testimony of their Justice and Brotherly Kindnes. Upon Information from our Commissioners there; the Parliament, before their Adjourning, did understand what was written by one callinge himselfe Robert Wright, and informed by annother whose Name was kept in the Darke, and confirmed by a Letter of Mr. Jermin to the Lord Digby, against this Kingdome, their Army in England, and their Commissioners there. The Accusations are of soe high a Nature, and soe sophistically insinuated, that the Parliament, which dureing their Sitting were upon all Occasions endeavoring the best Wayes of the preserving the happy Conjunction of the Two Kingdomes, were much affected therewith, as a Matter wherein they were much concerned, both for their owne Vindication, and the Sattisfaction of their Brethren. If there shal bee any Matter or Ground of such Accusation found against any Person of this Kingdome, or of our Army, or any of our Commissioners, wee are noe lesse willing that it bee examined and punished to the full, then wee desire and expect that the like bee done against any in England that transgresse in that Kinde; which is conforme to our Covenant, wherein wee shall sweare with all Faithfullnes to endeavor the Discovery of all such as have bin or shal bee Incendiaryes, Malignants, or evill Instruments, by hindring the Reformation of Religion, dividing the Kinge from His People, or One of the Kingdomes from the other, that they may bee brought to Publique Tryall, and receive condigne Punishment, as the Degree of their Offences shall require or deserve; but lett us desire and expect from our Brethren all Charity, Tendernes, and Respect to this Kingdome, our Army, and Commissioners, of whose Faithfullnes they have had soe large and manifould Experience, and, in their severall Letters to this Kingdome, did give them soe ample Testimonyes that noe Aspersions or Suspicions lye upon them, by concealing the Names of any Persons who can bee discovered; and therefore, according to the Trust committed unto us, wee doe desire, in Name of the Parliament and Kingdome of Scotland (if that Robert Wright bee not yet found out who he is, and that hidden Knight after soe long a Tyme be not yet unsecretted and made knowne by Name), all Meanes may bee used for discovering the one whose Letter have bin soe frequently produced before the Committee of both Kingdomes, and revealing the other to our Commissioners which is in the Power of some of the Members of the House of Commons to doe, that both Kingdomes may bee sattisfyed when the Truth is brought to Light, and all such Jealousyes and Misunderstandings may bee prevented for the Future. Wee docalsoe represent to the Honnorable Houses of Parliament, that this Kirke and Kingdome is more scandalized and greived in the Matter of Religion, which immediatly concerneth God in His Honnor, then in any Thinge on Earth touching themselves and their owne Name. A Directory for the Worshipp of God is agreed upon in the Assembly, and authorised by both Kingdomes, and practised carefully by this Church: But the Service-book still retayned in some Places of England under the Parliament's Power; and the Directory very much slighted, and by some avowedly written against; insteed of the intended Unity in Religion, blasphemous Errors, Hæresyes, Sects, and Schismes, are increased and multiplyed, through the Want of Church Government; the Nationall Assembly of this Kirke, in their Answere to the Declaration of the Parliament of England, of the Date July, 1642, professe, that themselves and all the Well-affected within the Kingdome, are exceedingly greived and made heavy, because the Reformation of Religion had moved soe slowly, and suffered soe greate Interruption; and the Lords and Commons in Parliament assembled, in their Reply, did professe that the misserable Estate of the Church and Kingdome was not able to endure any longer Delay: Like as, in their Declaration sent to the Generall Assembly, they professe that they doe not doubt but to settle such a Reformation of the Church as should bee most agreeable to God's Word; and, in the aforementiond Reply, they declare that their Purpose is to consult with godly and learned Divines, that they may settle such a Government as may bee most agreeable to God's Holy Word. Some Commissioners from this Kirke have attended the Assembly of Divines there for the Space of Two Yeares and an Halfe, and long agoe the Assembly hath offered their Advise to both Houses; yet can wee heare nothing of settling a Government, but, upon the contrare, of a reall Groweth of all Sects and Errors, and of greate Endeavors for Tolleration thereof; which maketh us and this Church and Kingdome, who cannott understand where the Difficulty and Obstruction lyeth, to wonder at soe long a Delay, wherein wee are very much interessed, not only in relation to the Glory of God, our mutuall League and Covenant, and the Peace and Happines of that Church and Kingdome, but alsoe in regard of the Unity in Religion amongest ourselves, and of the Peace of this Kingdome, which cannott bee long preserved from soe dangerous Contagion, which would bee more greivous and intollerable unto us then all our Troubles and Sufferings have beene: And therefore, from all these Considerations in Name of this Kingdome and Parliament wee doe in all Earnestnesse desire, that Church Government may now at last, without further Delay, bee settled accordinge to the Covenant.
"Wee doe, in like Manner, presse what hath bin sollicited by our Comissioners for the Space of Eight Moneths past; that the Propositions of Peace, after soe much Debate and Deliberation agreed upon unanimously by both Kingdomes, the most materiall whereof have beene fully treated upon at Uxbridge, may bee forthwith sent to His Majesty, wherein this Kingdome is the more earnest, that they knowe not the Cause why the sending of these Propositions is soe longe suspended: They long for the End of this unhappy Warre, by the happy setling of Religion and Peace; and soe much the more, that they doe (fn. 4) perceave, some would make use of the Continuance of these Warrs, to raise and foment Jealousyes and Differences betweene these Kingdomes, and to separate those whome God hath soe strictly tyed, for soe good Ends, by soe many Bonds and Relations; and wee are confident will never suffer to bee divided, but still continue them in a firme and blessed Conjunction, against all Machinations of Satan and his Instruments, which shall ever bee the setled Resolution and constant Endeavor of
St. Andrewes, the 10th Febr. 1646.
"Most affectionate Freinds, and humble Servaunts,
"J. P. D. Com."
PRAYERS, by Mr. Salawey.
Comes Manchester, Speaker.
Answer to the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they agree to the Meeting of the Committee for Foreign Affairs on Wednesday next, in the Afternoon: To the rest of the Particulars, they will send an Answer by Messengers of their own.
Sir C. Egerton's Order.
Sir Charles Egerton's Order (fn. 5) was read, and Agreed to. (Here enter it.)
Mr. Carr's Business.
Ordered, Mr. Carr's Business shall be further heard the 9th of March.
Ordered, That this House will take into Consideration what Damages to give Mr. Lilborne on Friday next.
Mrs. Cromwell and Sir H. Tracy.
Whereas the Cause this Day came to Hearing at the Bar, between Ann Cromwell Plaintiff, and Sir Humphry Tracy Baronet, &c. concerning a Decree in Chancery; but because there was no Record of that Decree produced to this House, the Lords being of Opinion, that, no Decree being inrolled, the Plaintiff may have Remedy in an ordinary Course in Chancery if there shall be Cause, do dismiss the same from this House.
Order for 500 l. to Sir C. Egerton.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Sir Charles Egerton shall have the Sum of Five Hundred Pounds, formerly appointed to him by Order of the House of Commons, out of the Estates, Fines, or Compositions, of any of the Persons set down in a Paper presented by him to both Houses of Parliament, which he himself shall nominate"
House adjourned till 9a cras