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, 4 die Maii.
PRAYERS, by Mr. Calamy.
Comes Manchester, Speaker.
Burden to be instituted to Alkerton.
Ordered, That Sir Nathaniell Brent shall give Institution and Induction to Richard Burden, to the Rectory of Alkerton, being presented thereunto by Mr. George Garrett.
Plymouth Petition, to settle the Parsonage Impropriate there for the Benefit of Mess Hughes and Porter.
Upon reading the Petition of the Mayor and Commonalty of the Borough of Plymouth; desiring "that (fn. 1) the Parsonage Impropriate of Plymouth, now in Sequestration for the Malignancy of Wm. Jones, may be settled, for the Increase of the Maintenance and Means of Mr. George Hughes and Francis Porter."
It is Ordered, That it be sent, and specially recommended to the House of Commons, with a Desire that it may be referred to the Committee of Sequestrations (fn. 2) to pay the same accordingly.
Count. of Marleborough, a Pass.
Ordered, That the Countess of Marleborough shall be permitted to remain within the Line of Communication, for to follow her Occasions.
Message from the H. C. for the General Training of the Militia to be deferred.
A Message was brought from the House of Commons, by Sir Christopher Yelverton:
To desire their Lordships Concurrence in this Vote; videlicet,
"Resolved, upon the Question, by the Lords and Commons assembled in Parliament, That the Committee of the Militia of the City of London be desired, that the General Training may be put off till Tuesday next come Fortnight, in regard that the Houses, desiring to be present at it, cannot be there To-morrow."
The Answer returned was:
That this House agrees in this Vote.
Denham, a Habeas Corpus.
Upon the Petition of Mr. Denham: (Here enter the Petition.) It is Ordered, That a Habeas Corpus be issued out immediately, to bring him before this House.
Letter from the Committee before Newark.
A Letter from the Lord Mountague, with the Summons of Newarke, were read. (Here enter them.)
Ordinance for 15,000£. for the Scots Army.
The Ordinance for Fifteen Thousand Pounds for the Scottish Army was read, and Agreed to.
(Here enter it.)
Ordinance concerning the Sale of the E. of Worcester's Lands. Bp. of Durham's Ordinance.
The Ordinance concerning the Sale of the Earl of Wor'ster's Lands in Midd. was read Twice.
Ordered, That the Ordinance concerning the Allowance of the Eight Hundred Pounds per Annum to the Bishop of Duresme is Agreed to, as it came up from the House of Commons, without any Alteration.
(Here enter it.)
Robins and Rives sent for.
Upon reading the Affidavits of Phillip Packer and Mr. Cox: It is Ordered, That the Parties complained of, shall be attached, and brought before this House, to answer their Contempts to the Order of this House.
Wightwick's Petition, for an Allowance in Lieu of a Scholarship in St. John's College, Oxford, the Gift of Sir T. White.
Upon reading the Petition of John Wightwicke, Student in Emanuell Colledge in Cambridge; shewing, "That, by the Gift of Sir Thomas White, (fn. 3) Two Scholars Places are appointed in St. John's Colledge in Oxford; the Scholars to be taken out of the Free Grammar School in Coventry; which Places being void in August, 1644, Sam. Basnett and the Petitioner, being Two Scholars then in that School, were duly elected into those Places; but in respect that, Oxford being the King's Head Quarters, neither of them could be placed there: Now, for that it pleased this House, Jan. 29, 1645, upon the humble Petition of Sam. Basnett, to order that the Mayor and Aldermen of the City of Coventry, or the Committee of Sequestrations respectively whom it concerned, should (fn. 4) forthwith pay to the said Sam. Basenett Twenty Pounds per Annum, with the Arrears payable unto him of that Gift of Sir Tho. White, which was done accordingly: Therefore desires the like Order for him, for the like Allowance, payable accordingly to the said Founder's Gift, towards his Maintenance and Livelihood."
It is Ordered, That it be referred to the Committee of Sequestrations, to pay to the Petitioner the Profits, with the Arrears, belonging to his Scholarship.
Letter from the Prince, and Sir T. Fairfax's and Sir R. Hopton's.
Next, the Letter of Sir Tho. Fairefax and Sir Ralph Hopton's was read; and the Prince's Letter was read: (Here enter them.) And the Earl of Northumb. Earl of Warwicke, Lord Viscount Say & Seale, the Lord Wharton, and the Lord Robertes, were appointed to draw up a Letter to be sent unto the Prince, and report the same to this House.
Dutchess of Richmond, a Pass.
Ordered, That the Lady Dutchess of Richmond shall have a Pass, to go to Richmond, to her Husband there, he having come in and rendered himself to the Parliament, and is now a Prisoner to this House; and the Concurrence of the House of Commons to be desired in this Pass.
And accordingly a Message was presently sent to the House of Commons, by Sir Edw. Leech &c.
Inhabitants of St. Buttolph's Petition, that some withhold the Dues from Mr. Harris their Minister.
Upon reading the Petition of John Everett, &c. Inhabitants of the Parish of Buttolph Bishopgate; complaining, "That divers Persons do refuse to pay their Duties to Mr. Harris their Minister."
It is Ordered, That the Petitioners shall attend this House on Friday Morning next, and present the Names of such Persons as do refuse to pay their Duties.
Princess Elizabeth at Wilton.
The House was informed, "That the King's Daughter, with the Retinue that came with her from Exeter, is now at Wilton, in the County of Wilts; where her being may be prejudicial to the Country, because all the Malignants of the Country do resort thither."
Mr. Howard freed from Sequestration.
A Paper was reported by the Lord Viscount Say ° Seale, from the Committee of Lords and Commons for Sequestrations, concerning the Business of Mr. Charles Howard, and read. (Here enter it.)
And after Consideration thereof, it is Resolved, upon the Question, That, upon the whole Matter of the Report from the Committee of Lords and Commons for Sequestrations, Mr. Charles Howard be freed from all Sequestrations upon his Estate.
Ordered, That this be communicated to the House of Commons, for their Concurrence.
Message from the H. C. with a Vote to prevent the Concealment of the King's Person;
A Message was brought from the House of Commons, by Sir Robert Pye Knight;
To desire their Lordships Concurrence in these Particulars:
1. A Vote concerning those that shall not reveal where the King is, if they know it (fn. 5). (Here enter it.)
Read, and Agreed to.
2. A Vote, That the Committee for the Militia of London may publish the Vote. (Here enter it.)
Agreed to, upon the Question.
to expedite an Ordinance;
3. To desire Expedition in the Ordinance concerning Mr. Porter.
and with an Order.
4. An Order for Continuance of the Ordinance for the Northern Association.
Ordered, That this Business be taken into Consideration To-morrow Morning, the First Business.
The Answer returned was:
That this House agrees to the Two Votes concerning the King's Harbouring: To the rest of the Message, this House will send them an Answer by Messengers of their own.
Denham's Petition, for a Habeas Corpus.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of John Denham Esquire;
"That this Petitioner being a Prisoner of War, and exchanged by Order of the House of Commons annexed; but being charged in the King's Bench with divers Actions and Executions, the Committee for Prisoners hath ordered he be discharged notwithstanding the same, as is annexed also: But Sir John Lenthall conceiving the same to be no legal Discharge; this Petitioner humbly prayeth, that your Lordships will order a Habeas Corpus, to bring him with his Causes before your Lordships, to be discharged, according to former Precedents.
"And your Petitioner shall humbly pray, &c.
"Die Mercurii, 4 Febr. 1645.
"Resolved, upon the Question, That this House doth approve of the Exchange of Mr. Denham a Prisoner to the Parliament, for Major Harris a Prisoner to the Enemy at Exceter."
Letter from Sir T. Fairfax, with the Prince's Answer.
"For the Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons.
"The inclosed is the Answer I received from Silly, to the Letter you sent his Highness; whose own Answer to both Houses is sent up by Sir Joseph Seymour. What is desired concerning the Prince's Tutor, I leave it wholly to your Consideration; and rest
Andover, 26 April, 1646.
"Your humble Servant,
Letter from Sir Ralph Hopton to Sir T. Fairfax with it.
"For Sir Thomas Fairefax General.
"His Highness received a Letter, sealed, from the Speakers of both the Houses of Parliament, by a Trumpeter of yours, which he delivered with his own Hand, according as he said his Order was. His Highness hath sent his Answer by this Gentleman, Sir Joseph Seymour. I have here no Trumpet to send with him, and must therefore pray you to excuse that Form. His Highness desires you would give this Gentleman your Pass, to go to London with this Letter, and to return to him to the Isle of Jersey. His Highness likewise desires you to give your Pass to his Tutor the Bishop of Salisbury, with his Family and Servants, to come to him to Jarsey. And so I rest
Silly, the 15th of April, 1646.
Letter from the Prince of Wales, in Answer to the One from both Houses; and desiring a Pass for L. Capel.
"To the Lords and Commons assembled in the Parliament of England.
"We have received your Message of the 30th of March, the 11th of this present; by which (being informed of Our late Remove into this Island of Sylly) you invite Us to come forthwith into your Quarters; and to reside in such Place, and with such Counsel and Attendants about Us, as you the Two Houses shall think fit to appoint. We have a great and earnest Desire to be amongst you, if We might have any Assurance that it would prove an Expedient toward a blessed Peace, and the Composure of these miserable Distractions; and therefore, when We were compelled to depart from Cornwall, We chose this poor Island to reside in, where We hoped We might have securely attended God's Pleasure, till We might have been made an Instrument towards a happy Peace: But the Scarcity of Provisions being such in this Place, and We having not since Our coming hither (which is now about Six Weeks) received One Day's Victual (though We left Servants of Our own in Our Dutchy of Cornwall to take Care for Our necessary Supply), We are again compelled to remove to the Island of Jarsey, whither We hope Almighty God will conduct Us; which Place We chose the rather, as well being Part of the Dominions of Our Royal Father, which yet is evident to you We have no Purpose to quit, as being much nearer to you, and so fitter for Correspondence: And therefore, that We may the better receive Advice from you, with which We shall always comply as far as with Our Duty and Piety We may, We desire you to send to Us a safe Conduct, for the Lord Capell to come to you, and to receive from you such particular Propositions for Our Welfare and Subsistence as you think fit to make; and that he may then attend Our Royal Father, and return to Us to Jarsey; and thereupon We hope, by the Blessing of God, you will receive such Satisfaction as shall testify the great Desire We have, and shall always have, to follow the Counsel and Advice you shall give; which will be an unspeakable Comfort to us.
"Given at Our Court, in the Island of Silly, the 15th of April, 1646.
Letter from the Committee before Newark.
"For the Right Honourable the Speaker of the House of Peers. These.
"I here inclosed send your Lordships the Copies of our Second Summons, and the Answer thereunto. We are to meet with the Scotts Commissioners Tomorrow in the Morning at Balderton; and shall, from Time to Time, give your Lordships an Account of our Proceedings; who am,
Lincolne, 29 April, 1646.
"Your Lordships humble Servant,
Summons to Newark, to surrender.
"We hope you have considered that our Paper (as you term it) contained a Summons from us, and what we received from you merits no Reply. We were in earnest as to give an Account to God and Man of our Proceedings, and to shew that nothing from you can hinder our endeavouring that you may see your approaching Ruin; and (whilst there is Time avoid it) we once more demand of you, in the Name of both Houses of the Parliament of England, and for the Use of the King and Parliament, That you forthwith deliver up the Town and Garrison of Newarke into their Hands; and we shall give you Conditions for the Surrender thereof, which you must not expect to be such as you might formerly have obtained. Your now accepting of what is offered will declare you are sensible of the total Loss of your Estates, the Devastation of the Country round about you, of the Ruin of the Town, and of the Blood which may else be spilt. We shall expect your positive Answer by Three of the Clock Tomorrow in the Afternoon, at Balderton.
Collingham, 27th of April, 1646.
"Signed in the Name, and by the Warrant, of the Committee of both Kingdoms.
"Edw. Mountagu. Lothian.
"For the Governor of the Town and Garrison of Newarke, the Gentlemen there, and the Mayor, Aldermen, and Burgesses of that Town."
Governor of Newark, &c. Answer to it.
"The Consideration of what is required in your Summons of Monday last being of so high Concernment to His Majesty, and to the particular Interests of very many of His faithful Subjects in this Garrison; I conceive a shorter Time than Monday next will not be sufficient to prepare Articles of so divers Natures as are necessary to be treated on; at which Time I will not fail to send such to you, and upon your Assent to them to surrender the Town: In the mean Time, I send you hereunder written the Names of such Commissioners, for the Nobility, Gentry, Soldiery, Clergy, and Townsmen, as I do intrust for the treating upon those Articles, with an equal Number of yours, whose Names I shall desire by the next, and that you will appoint such a Place as you shall think most convenient for the Treaty. And I further expect that a safe Conduct be granted, and Hostages delivered, for the Security of those Commissioners employed by me.
April 29th, 1646.
"The Lord Lexington.
"Sir Bryan Palmes.
"Sir Gervase Nevile.
"Major General Eyre.
"Sir Symon Fanshaw.
"Sir Gamaliell Dudly.
"Dr. Marsh Dean of Yorke.
"Mr. Standish Alderman.
"For the Committee of both Kingdoms."
Report from the Committee of Sequestrations, about Mr. Charles Howard.
"Die Mercurii, 23 Aprilis, 1646.
"At the Committee of Lords and Commons for Sequestrations.
"In the Case of Mr. Charles Howard, which came to be heard this Day, upon the Certificate and Depositions of Witnesses returned from the Committee of Yorkesheir to whom it was referred to Examination;
"The Substance of the Proofs against Mr. Howard were,
"That he was at Skipton Castle, then the Enemy's Garrison; went from thence with a Party of Horse of the Enemy commanded by Colonel Carnaby towards Newarke; upon the Way, they were set upon by a Parliament's Party from Sheffeild, commanded by Colonel Bright, at Greenhill Moore, in the Night, and were routed; Mr. Howard drew his Sword, and discharged his Pistol, and lost them in their Pursuit of him; and he was taken the next Morning by the common People, and brought Prisoner to Sheiffeild; Colonel Carnaby sent him Money thither for his Relief: The Proof of his drawing his Sword and discharging his Pistol was by Colonel Bright's Information upon Oath, and Two swear that he confessed he was taken Prisoner.
"The Substance of the Proofs on Mr. Howard's Party, Grey and Merley.
"By Two Witnesses vivâ voce, his Servants who were with him when the supposed Fight was, denied that it was a Fight; but that they were travelling, at Ten in the Night, with Colonel Carnabye's Party, to what Place they knew not; and being set upon or affrighted by the said Sheffeild Forces, they fled away without any Fighting, and Mr. Howard was after taken. He was never in Arms against the Parliament; and yet the King offered him a Regiment of Gentlemen, which he refused: That he was at that Time under the Power and Government of Mr. Robert Howard his Uncle and Tutor, who carried him whither he pleased, without his Consent, and against his Will, being formerly bred up and kept by Sir Francis Howard his Uncle, a Papist, at Naworth, in Cumberland, in the Popish Religion; who, intending to send him into France, being then but about Fifteen or Sixteen Years of Age, conveyed him from thence to Bristoll, then in the King's Hands; going thither through Chester and Wales, being the King's Quarters, and having been at Bristoll about Twelve Weeks, shipped him for France with the said Robert Howard his Tutor, and his said Two Servants; and being shipwrecked at Sea, they were cast upon a Port in Lancasheir then in the Parliament's Quarters, from whence they departed; and travelling along the Country, they were met by a Party of Horse from Skipton Castle, and brought thither; and going from thence, that Accident happened as aforesaid.
"Mr. Henry Darley testified,
"That he being then in those Parts, and using his best Endeavours, by Letters and other Means, to win the said Mr. Howard to the Parliament, he received a Letter from him, dated from Skipton, by which he signified his Desire to come into the Parliament, if he might have a Pass: This Letter was dated Three Days before he was taken Prisoner, but came not to Mr. Darleye's Hands till after.
"That Mr. Howard was bred up a Papist, and confessed himself so to be, before this Committee, about November last; but hath since conformed himself, by coming to Church and receiving the Communion; as was certified by Mr. Caudrey Minister of St. Martin's Church; and married the Lord Edward Howard's Daughter.
"After long Debate of the Matter, and Hearing of Counsel Learned on both Sides, the Committee being of different Opinions touching the Sequestration: It is thought fit, and Ordered, That the Case be reported to both Houses of Parliament, with this Opinion of the Committee, That they think him a fit Subject for their Favour.
"Vera Copia, ex'r per me,
Order for 15,000£. for the Scots Army.
"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Gouldsmiths Hall do take Care forthwith to provide and send the Fifteen Thousand Pounds ordered the 23th of April, for One Month's Pay for the Scottish Army, unto the Commissioners with the Army before Newarke: And if the Treasurers Richard Wareing and Michaell Herring shall borrow the said Money, or any Part thereof, it is hereby Ordered, That they shall repay the same, with Interest after Eight Pounds per Centum, unto the several Lenders thereof, for (fn. 6) so long Time as it shall be unpaid, being to issue out of the Four last Months Assessments made for that Purpose."
Those who conceal the King's Person Traitors.
"Ordered, That it be, and it is hereby, Declared, by the Lords and Commons in Parliament assembled, That what Person soever shall harbour and conceal, or know of the harbouring or concealing, of the King's Person, and shall not reveal it immediately to the Speakers of both Houses, shall be proceeded against as a Traitor to the Commonwealth, forfeit his whole Estate, and die without Mercy."
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of the Militia of the City of London be desired to publish this Order, by Beat of Drum, or Sound of Trumpet, within the Cities of London and Westm'r, and Lines of Communication."
Order for 800£. per Ann. to the Bp. of Durham.
"Ordered, by the Lords and Commons assembled in Parliament, That the Bishop of Duresme shall be allowed Eight Hundred Pounds per Annum."
Packer's Affidavit, that Robins, &c. threatened his Life, for seizing the Lead that was brought from Donington Castle;
"Die Sabbati, 2 Maii, 1646.
"Phillip Packer, of The Middle Temple, Gentleman, maketh Oath, That while he was in Newberry, in the County of Berks, to seize upon such Lead as he could there discover to have been brought from Donington Castle; and having seized divers Parcels in Newberry, by virtue of an Order of the Honourable House of Peers; One Robins, an Ensign in the Farnham Regiment (and under Captain Bruer, as this Deponent is informed), came to Mr. Coxe's (where this Deponent lodged in Newbery), on Saturday Night, the 25th of April, with one Lieutenant Brooks of the same Regiment; and finding this Deponent sitting at the Table, after Supper, about Nine at Night, said to this Deponent, "Sir, you have taken away my Lead." This Deponent replied, "Sir, 'tis more than I know." The Ensign, with his Sword undrawn in one Hand, and a Pistol in the other, presented the Pistol to this Deponent's Breast, and swore, by God, "he would have his Blood or his Lead;" and bad him, "if he were a Gentleman, to give him presently Satisfaction with his Sword, or else he would post him upon the Gallows for a Slave and a base Fellow." This Deponent bad him "be advised what he did; for it was in Disobedience of an Order of Parliament, and before them he would give him Satisfaction; but conceived it was not to be demanded by the Sword" (or to that Effect). He swore, "he would not depart the House till he had Satisfaction, and that he would have his Life or his Lead." Mr. Cox desired him "to depart his House, and to expect Satisfaction in another Place;" which he would not do; but still demanded Satisfaction for the Lead; and would have drawn this Deponent out of the House, to have given that Satisfaction; and swore he would break open the Place where this Deponent had laid the Lead: But would not depart the House till Mrs. Cox, the Gentlewoman of the House, was in so great Fright with his rude and insolent Carriage, that it was justly feared she would suffer much in her Health; thereupon with great Threatenings he left the House. And further this Deponent faith, That on Monday in the Afternoon, April 27, the said Ensign met this Deponent in Basingstoake, and told him "he was not now in Newbery, and that he had a Sword on;" and so followed him into the Bell Yard, where this Deponent went; and laying Hands on his Horse's Bridle, bad this Deponent "come down, and give him Satisfaction for the Lead he stole;" and drew his Sword, and strook this Deponent upon the Arm; whereupon this Deponent drew his Sword for his Defence: And presently there came in Two Troopers, under Captain Terry of Surrey, whom the Ensign, as this Deponent believeth, called thither, being of his intimate Acquaintance, who did abet him, and would not suffer this Deponent to go or send for Aid of the Magistrates. This Deponent shewed them the Order of the Lords, which they said was not sufficient, being subscribed only by John Browne, and no Lords Hands to it. He told them he had done what he did by that Order, and what they did was in Disobedience to it; so, till this Deponent had given Satisfaction under his Hand, they would not give him Liberty to go out of the Place. All which, of Words to the same Effect, this Deponent affirmeth to be true.
"Jur. 2 Maii, 1646.
and that Reives refused to deliver Lead brought from thence.
"2 Maii, 1646.
"Philip Packer, of The Middle Temple, Gentleman, maketh Oath, That Bernard Reives, of Basingstoke, in the County of South'ton, Grocer, did confess to this Deponent, on Monday, April 12, that [ (fn. 7) he had] in his Possession Three Tuns of Lead, which was belonging to Donington Castle; which this Deponent charged him to see forth-coming upon Demand, according to an Order of the House of Peers; which this Deponent did demand of the said Bernard Reives, at Basingstoke, on Monday, April. 27, which he then again confessed to be in his Possession or Power; but refused to deliver the same without a Sum of Money presently paid to him at the Delivery.
"Jur. 2 Maii, 1646.
Cox's Affidavit, concerning this Business.
"Gabriell Cox, of Newbery, in the County of Berks, Gentleman, maketh Oath, That, on Saturday the 25th of April last past (Mr. Phillip Packer being with this Deponent, his Wife, and another Gentlewoman, sitting in his Parlour, where they had newly supped), one Ensign Robbins came into the said Parlour; and there finding the said Mr. Packer, fell very uncivilly upon him; and having his Sword by his Side, and his Pistol in One of his Hands, with the other Hand lay hold upon him the said Mr. Packer, swearing he would shoot him, and post him upon the Gallows for a base Slave, if he would not give him present Satisfaction (for some Lead, as this Deponent conceiveth, which the said Mr. Packer had seized); which uncivil Carriage of the said Robbens did so terrify and affright both this Deponent's Wife and the other Gentlewoman, that they were ready to sink down in the Place; whereupon this Deponent was constrained to thrust himself between them: And so for that Time the said Robbens departed, still threatening that he would pistol him wherever he met him, if he had not Satisfaction for the said Lead.
"Jur. 2 Maii, 1646.