Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Saturni, 4 die Julii.
P. Rupert and Maurice to export Horses.
Goodier to enjoy the Mines, &c.
Upon reading the Petition of Edmond Goodier: (Here enter it.) It is Ordered, That he shall quietly enjoy the Mines and Works as he did before he was (fn. 1) dispossessed by the King's Forces; Deacon and Corsellis performing their Bargain and Contract.
Sir R. Markham's Ordinance.
The Ordinance for taking (fn. 2) off the Sequestration from Sir Rob't Markham's Estate, was read, and Agreed to. (Here enter it.)
Durham Ministers Ordinance.
Petition from the L. Mayor, &c. with One from them to the King.
Answer to them.
"The Lords take in good Part the Respect and Care which the Lord Mayor, Aldermen, and Common Council have shewed, by their addressing themselves thus unto this House. They have perused the Petition which you intend to present to His Majesty, and do approve of the sending of it unto Him."
Sabran to export Horses.
Ordered, That the Horses that Monsieur Sabran (fn. 3) has shall be transported Custom-free.
Lenthall & al. and Sir W. Russell & al.
Upon reading of the Petion of Thomas and Francis Lenthall, and John Marston, Merchants, against Sir Wm. Russell, John Wood, and others, this Day in the House: It is Ordered, by the Lords in Parliament assembled, That it is hereby referred to all the Judges, to consider whether a Prohibition lieth in the Case between the Parties abovesaid, or not; and afterwards to make Report to this House, that such farther Directions may be given therein as shall be meet.
Letter &c. from the Scots Commissioners.
Message to the H. C. with them.
Letter from Sir T. Fairfax.
Sir J. Sidley and Baldwin versus Rookes.
Answer from the H. C.
That they agree to the Addition in the Declaration: (Here enter it.) And do agree that the Nineteenth Proposition, the Declaration, and the Names for the Conservators of the Peace, be communicated to the Scotts Commissioners: To the rest of the Particulars, they will send an Answer by Messengers of their own.
Petition from the Officers in the Scots Army with the following Declaration.
That whereas the whole Officers and Souldiers of this Army under your Excellencye's Comaund, out of their Zeale to the Reformation of Religion, their tender Care to preserve and confirme the mutuall Amity and Confidence of both Kingdomes, and their earnest Desires to vindicate their Honnor from Reproaches and Aspersions lying upon them, have thought it necessary to (fn. 4) emitt a Declaration of their Constancy and Integrity in the Pursuance of the End of the Covenant, and likewise to supplicate His Majesty, that He would bee pleased to comply with the just Desires of His Parliaments, and take some speedy Course to put an End to our lastinge Misseryes, by settling of Truth and Peace:
"May it therefore please your Excellency, to represent our Desires in this Behalfe to the Honnorable Committee; and that wee humbly conceive the Uprightnes of our Intentions herein (haveing nothing before our Eyes but the Good of Religion, His Majesty's Happines, and the Peace of these Kingdomes, will procure a favorable Acceptance of our Endeavors.
Declaration of the Officers of the Scots Army, to vindicate themselves from Aspersions, and to preserve the Union between the Two Kingdoms.
The many Chamityes and heavy Pressures, the sad Affiction lying upon these Kingdomes this Tyme past, and the greate Effusion of Christian Blood occasioned by the Continuance of this unnaturall Warre, haveing soe deeply wounded us; and beinge earnestly desireous to give some evident Testimony of our Prety to God, Loyalty to our Soveraigne, and Love to His Kingdomes; and that the Constancy of our Affection to this Cause, our Zeale to the Reformation of Religion, and His Majesty's Person and Authority in Defence thereof, and firme Resolutions to pursue the Ends exprest in our solemne League and Covenant, may appeare to the World; wee have thought it necessary in this Juncture of Tyme, when all Meanes are assayed by the Enemyes of Truth and Peace to disparage our Proceedings, by rendring suspected our best Actions and Endeavors, to the begetting of Misunderstanding, and weakening the Union betweene the Two Kingdomes, to declare and make knowne, that, as wee entered in a solemne League and Covenant, with our Hands lifted upp to the Most High God, with reall Intentions to promote the Ends thereof, soe doe wee resolve, God willing, constantly to adhere to the whole Heads and Articles of the same; and for noe earthly Temptation, for noe Feare nor Hope, to fall away and violate our sacred Oath.
Wee doe likewise profes, that nothing hes beene with greater Care and Faithfullnes endeavored by us, then to preserve the happy Union and brotherly Correspondence betweene the Kingdomes, as a principall Meane of Happines to boath; and shall continue the same Care to avoyd every Thing that may tend to the Infringment thereof, with a speciall Regaurd and Tendernes to the Interests of both Kingdomes; for the strengtheninge of which Union, and removeinge every Thinge that might obstruct the same, as hitherto wee have had noe Complyance, nor kept Correspondence, with knowne Enemyes and Malignants, soe will wee never hereafter give Countenance or Encouragment to any Person disaffected to the Parliaments of either Kingdome: And that the Integrity of our Intentions and Uprightnes of our Desires may bee the more manifest, wee doe declare, that wee abhore all publict and private Wayes contrary to the Covenant, and distructive to the Happines of both Kingdomes; wee declaime all Dealling with these that are Instruments of these unhappy Troubles, and Impediments of Peace, and with all such Persons who will not use all Meanes and Endeavors, and contribute their best Councells and Advise, for hastening an End to our lasting Misseryes, and procureing a suer and well-grounded Peace; and in particuler we doe abominate and detest that execrable Rebellion of James Graham, utterly abjuring all Manner of Conjunction with him and his Confederates, and with all other knowne Enemyes or declared Traytors to either Kingdome, notwithstandinge any Insinuations to the contrary exprest in some Letters as is said to bee sent by His Majesty to the Earle of Ormond in Ireland; for wee have none but single Intentions and unfained Desires of Peace, renouncing all Comunion with whatsoever Designes and Practises contrived in the Darke, to the Prejudice of Religion and Tranquility of these Kingdomes, the only Principles by which wee move: And as wee came into this Kingdome at the earnest Desires of our Brethren, to assist them in the Tyme of their greate Extreamity, in the Pursuance of the Nationall Covenant, not for any mercinary Ends, nor to enrich ourselves, as falsly and calumniously charged upon us by those that wish not well to us nor our Cause; soe shall wee bee most willing to depart and retourne Home in Peace, with the same Cheerfullnes and Affection that wee had when wee came in; nor shall the Matter of Money, or Want of just Recompence for the Service performed and Hardshipp susteyned, bee to us an Argument of our Stay; but, leaving the Consideration of these Things to the Wisdome and Discretion of both Parliaments, wee shall soe farre deny ourselves, as not to suffer any private Respects of our owne to retard the Advancement of this Worke, or (fn. 5) prejudge the Publique Good of both Kingdomes.
Wee cannotte conceale, must acknowledge, how sensible wee are, and have alwayes beene, of the many Complaints presented to the Parliament of England against this Army, and the heavy Callumnyes and Aspersions lying upon us, for haveing committed Insolencyes, and oppressed the People, by takeing of Free Quarters, offering ourselves most willinge and ready, that whosoever amongest us have, by their Misdemeanors, Miscarriages, or inordinate Way of Walking, scandalized the Cause for which wee have taken our Lives in our Hands, or endeavored to begett a Misunderstandinge, or foment Jealousyes, betweene the Kingdomes, wee shall strive to discover all such, and labour to bring them to publict Tryall and condigne Punishment; not doubtinge but, as wee are zealous to vindicate our Honnor and Reputation from all Reproaches, soe the Parliament will likewise bee pleased to have such favorable Construction of our Proceedings, as not willingly to harbour any Thoughts which may lessen their Respects to us, and which are not sutable to the constant Tennor of our Carriage and Profession; and wee shall likewayes desire that the manifold Necessityes and pressing Wants to which wee were many-tymes reduced, may not bee forgotten, and that the Wayes and Meanes appointed for our Supply neither answered the Expectation of the Honnorable Houses of Parliament, nor sattisfyed our Necessityes, soe that, for Want of Moneyes, wee could not alwayes discharge our Quarters: Yet doe wee most freely declare our Willingnes to allowe of whatsoever hes beene taken upp by us; and for that Effect, wee desire the Accompts of the Army to bee adjusted with the severall and respective Countyes, that whatever can bee justly charged upon us may bee discompted of any Sumes that shall bee resting us in Arreare: And if wee knew any Thinge else that could serve to remove all Jealousyes and Misunderstandings, and begett a more full Confidence of our Uprightnes, wee could with the same Readines apply ourselves to all the Wayes that might conduce thereto.
"But because His Majesty's suddaine and inexpected cominge into this Army doth minister new Occasion to us to give some Demonstration of our Constancy; though wee hope His Majesty came with reall Intentions to sattisfy the just Desires of His Parliaments, and compose all those Differences; yet, least it should bringe in Question the Cleernes and Integrity of our Wayes, whereof our Consciences beare us Wittnesse, and our Actions shal bee publique reall Testimonyes, wee doe protest, That His Presence with us hat not begetten any Alteration in our Mynds, in the least Measure to estrange us from the Wayes of our Covenant, or alyenate our Resolutions from goeing on zealously, constantly, and unanimously, to sett fo'wards the Ends therein exprest; endeavoring (soe farre as lyeth in our Power) to improve that Providence of His comeing to us, to the Publique Good and Happines of both Kingdomes: And as it is our earnest Desire that His Majesty would noe more suffer Himselfe to bee involved in the Counceles whereof He hes had soe sad Experience, to the endangering of His Person, Posterity, and Kingdomes, soe doe wee exceedingly wish that He would comply with the Councells of His Parliaments, to the Sattisfaction of His good People; and wee shal bee carefull that nothing proceede from us which may give Occasion to His Majesty to entertayne any secrett Considence that the Army will give Assistance for advanceing other Ends then such as are agreeable to our Covenant, conduceinge to the Goods of Religion, the Happines of the King and His Posterity, and Safety of the Kingdomes."
Petition from them to the King, to comply with the Desires of the Parliaments,
and to establish Peace.
Wee Your Majesty's Loyall Subjects and faithfull Servaunts, the Lord Generall, the Generall Officers, the Colonells, and Captaines, in the Scottish Army now in the Kingdome of England, from the deepe Sence of the bleeding Condition of these Kingdomes, soe heavy prest with sad Afflictions, through the unhappy Differences betweene Your Majesty and Your Subjects; from the true Affection and Zeale to the Reformation of Religion, and Your Majesty's Person and Authority; in Defence thereof, and in the Pursuance of that sacred Oath which wee have taken, with our Hands listed upp to the Most High God; doe make our humble Addresse, and tender this earnest Petition to Your Majesty, in our own Name, and in the Name of all the inferiour Comaunders and Souldiers under our Charge, that Your Majesty, in Your Wisdome and Goodnes, may bee pleased to take a speedy Course for setling of Religion and Church Government in this Kingdome, according to the Word of God and Example of the best Reformed Churches, and bring the Churches in the Three Kingdomes to the neerest Conjunction and Uniformity; and for establishing the Priviledges and Libertyes of Your Kingdomes, according to the Desires of Your good People. Wee may not conceale our unfained Greife, for that Your Majesty hes not bin pleased to authorise and signe the Covenant, which, wee are confident, would bring Honnor to God, Happines to Yourselfe and Posterity, and indeare Your Majesty (above Measure) to all Your faithfull and loyall Subjects; in the just Defence whereof as many of them have already lost Lives, soe are wee ready to sacrifice ours.
"Wee must alsoe pray Your Majesty to compassionate the distressed Condition of Your Kingdomes, groaninge under the heavy Pressures of manisold Calamityes, occasioned by the Continuance of this unnaturall Warre, and to comply with the Councells of Your Parliaments, that, all Differences being happily composed, and the Armyes in both Kingdomes disbanded, wee may retourne Home in Peace, or bee disposed of otherwise by Your Majesty, with the Advise of Your Parliaments, which may bee most for Your Majesty's Honnor and Service, and the Prosperity of these Kingdomes."
The King's Answer.
I am, in His Name, to return this Answer to the Petition presented to Him (fn. 6) from the Lord General, the General Officers, the Colonels, and other Officers and Soldiers of the Scottish Army: That His Majesty came into the Scottish Army with full Intent of settling an happy Peace in these His Kingdoms, and to satisfy the just Desires of His good Subjects, and likewise to comply with His Parliaments in all Things which shall be for the Good of Religion and the Happiness of His Subjects, which He will always prefer to all worldly Interests; and whensoever it shall please God to bless His Majesty's Endeavours as to settle an happy Peace in these His Dominions, His Majesty will be very solicitous to find out some Means of honourable Employment for so many gallant Men as are employed in this Army.
Letter from the Scots Commissioners, with the foregoing Papers, and about the Propositions.
Yesterday wee received the Propositions of Peace; wherein though wee doe finde materiall Additions, yet wee are soe unwilling to retard the Meanes of Peace, that, as wee have formerly declared, wee doe willingly concurre with the Honnorable Houses, that they may bee speedily sent to His Majesty.
Wee finde the Clause concerninge the Conservation of the Peace to bee established (as is exprest in the Votes of both Houses the 26th of March) and some other Things wanting, which wee conceive to bee accidentally omitted or added in the Transcribinge, and doe desire to bee amended according to the inclosed.
Upon Monday last, wee delivered in a Letter to both Houses, to which wee have received noe Answere; and therfore doe againe desire, that, either in the Close of the Propositions, or in Answere to His Majesty's Letters, He may receive such Encouragment as may move Him to give His Assent to the Propositions, and to come hither to perfect what remaines for setlinge a firme Peace.
Yesterday, by an Expresse from his Excellency the Earle of Leven, wee received a Declaration and Petition to His Majesty, subscribed by his Excellency, the Generall Officers, and Three Commissioners from every Regiment of the Scottish Army in this Kingdome, together with His Majesty's Answere to their Petition, of all which wee doe herewith deliver the Originalls and Copies, desireing the Originalls may be retourned unto us: And as in that Declaration and Petition they have given undenyable Evidences of their sincere Affection to the Cause, and Faithfullnes to this Kingdome, soe wee cannott but expect that, according to our many and frequent Desires, the Honnorable Houses will take some speedy Course for the Supply of that Army; in Confidence whereof, wee remaine
Alterations in the Propositions.
These Words are omitted ["that the same Course bee held for the Conservation of the Peace betweene the Two Kingdomes, in relation to the Peace to bee made upon the Propositions to bee now sent to His Majesty, as was provided and agreed upon in the Articles of the large Treaty"]; which wee desire may bee added to the 13th Proposition, or in some other Part of the Propositions.
After these Words in the 12th Proposition ["the same shal bee as valide to all Intents and Purposes as if the Royall Assent had bin given thereunto"], to adde these Words ["the like for the Kingdome of Scotland"].
The Clause concerninge the Kingdome of Scotland, subjoyned to that which is now the 17th Proposition, is now wrong transcribed; and wee desire it may bee thus amended ["the like for the Kingdome of Scotland, concerning the Nomination of the Lords of the Privy Councell, Lords of Session and Exchequer, Officers of State, and Justice Generall, in such Manner as the Estates of Parliament there shall thinke fitt"].
Letter from Sir T. Fairfax, about the Articles for Surrender of Oxford.
"Having agreed the Articles for the Surrender of Oxford, I sent them to the House of Commons, humbly conceiving that to be a fit Way of possessing the Parliament of them; but, if it were a Mistake that I did not at the same Time send a Copy immediately to your Lordships, I ask Pardon, and shall be gladly rectified by you, there being an Impression upon me to perform all that great Duty and Service I owe to the House of Peers to the utmost. Having no more to (fn. 7) trouble your Lordship with at present, I remain
Declaration to assert the Privilege of the Houses concerning the Propositions.
"Whereas the Lords and Commons assembled in the Parliament of England in the Name and on the Behalf of the Kingdoms of England and Ireland, and the Commissioners of the Parliament of Scotland in the Name and on the Behalf of the Kingdom of Scotland, have thought fit to send unto the King the humble Desires and Propositions for a safe and well-grounded Peace, agreed upon by the Parliaments of both Kingdoms respectively: The Lords and Commons of the Parliament of England do Declare, That it is not their Intention that any Construction should be made thereupon, as if either Kingdom had any Interest in the Matter of each other's Propositions, or in the Legislative Power of each other's, concerning any of the said Propositions; but that it remaineth distinct in each Kingdom respectively; and that, notwithstanding any joint Proceedings upon the said Propositions, either Kingdom hath Power of themselves to continue, repeal, or alter, any Law that shall be made upon the said Propositions, for the Good and Government of either Kingdom respectively: And it is hereby Declared, That both Houses are fully resolved to maintain and preserve inviolable the solemn League and Covenant, and the Treaties betwixt the Kingdoms of England and Scotland."
Ordinance to clear Sir Robert Markham of his Delinquency.
Whereas Sir Robert Markham, of Sedgebrooke, in the County of Lincolne, Baronet, hath by both Houses of Parliament been admitted to his Fine of a Thousand Pounds, he having assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Sir Robert Markham for his said Offence, in such Form as shall be agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, from the Seventh Day of February, 1645, with an Exception of the Right or Estate of the said Sir Robert Markham in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby likewise authorized to pass under the Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Robert Markham from a further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Robert Markham shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."
Petition from the Lord Mayor, &c. for Leave to present One to the King.
That, having received the Honour from His Majesty to be, by particular Letter of the 19th of May last (the Copy whereof we represented to your Lordships) assured of His Royal Resolutions to comply with His Parliament, for Settlement of Truth and Peace, the Petitioners do conceive themselves obliged in Duty to make some Return thereunto, and especially to take this Opportunity, when as the Honourable Houses are preparing to dispatch some Propositions to His Majesty; but the Petitioners could not presume to resolve upon any such Address before they had received the Pleasure of your Lordships thereupon.
And therefore they humbly present unto your Lordships the Draught of that Petition which they have prepared to be delivered to His Majesty; and humbly attend the Order of your Lordships upon the same.
Their Petition to the King, thanking Him for His Attention to them, and assuring Him of their Loyalty.
Most humbly acknowledging the special Grace and Favour of Your Majesty, in condescending so particularly to communicate unto this City Your Royal and pious Resolutions to comply with Your Houses of Parliament, for settling of Truth and Peace in this distracted Kingdom, signified by Your late gracious Letter of the 19th of May last, to the Representative Body thereof; in which as the Petitioners cannot but see the special Hand of Almighty God, so they must and do, from the Bottom of their Hearts, bless His Holy Name, that at Length hath opened such a Door of Hope, by inclining Your Majesty's Heart to look down upon the Afflictions of Your People, and from thence take Comfort to themselves, that He will confirm and increase those good Resolutions in Your Majesty.
As for the City, the Petitioners esteem it their Duty now again, as they have formerly done, to declare unto Your Royal Majesty and the whole World, that, according to their Protestation and Covenant, they have always, and do still, retain the same loyal Thoughts towards Your Majesty as ever, and as becometh Subjects to do, from which they shall never recede.
And as, next unto the good Guidance of Almighty God they do humbly commit and submit the Means and Manner of their future Peace and Happiness unto Your Majesty's Great and Faithful Council the Two Houses of Parliament; so they shall continue their instant Prayers to the Throne of all Grace, to dispose Your Majesty's Royal Heart to comply with such Propositions as from them shall be represented unto Your Majesty, for the Settlement of true Religion and Peace in all Your Kingdoms, and the Maintenance of the Union between the Two Nations: And then the Petitioners shall not doubt but Your Majesty (which is their earnest Prayer) will with Honour and Joy return unto this Your ancient City, and that Your Throne shall, in Your Royal Self and Your Posterity, be established in all Your Kingdoms, to the great Honour of Your Majesty, and to the Comfort of all Your good Subjects; amongst whom the Petitioners shall always strive to approve themselves inferior to none in Loyalty and Obedience.
Lords Answer to them.
(fn. 8) "The Lords take in good Part the Respect and Care which the Lord Mayor, Aldermen, and Common Council, have shewed, by their addressing themselves thus unto this House. They have perused the Petition which you intend to present to His Majesty, and do approve of the sending of it unto Him."
Goodeer's Petition, concerning his Mines of Coomustwith in Cardiganshire.
The Humble Answer and Petition of Edward Goodere Esquire, to the Order of your Lordships, dated 28th of May, 1646, upon a Petition of Thomas Deacon and Nicholas Corsellis, of London, Merchants; with both which your Petitioner acknowledgeth he was served, by the said Mr. Deacon, on the 12th of this Instant June.
The said Mr. Goodere humbly acknowledgeth the Effect of the said Petition to be true; and saith, That the Order therein mentioned, and the Proceeding of Mr. Bushell thereupon, was altogether without the Consent or Privity of this your Petitioner: And further saith, That he having trusted the said Bushell with the Working and Delivery of the said Lead, and being sensible of that failing, and other undue Courses of the said Bushell, did, in the Beginning of September, 1642, enter in his own Person into the actual Possession of the Royal Mines, and the Mines of Coonwstwith, and other Works in the County of Cardigan, according to his legal Right formerly vested in him by lawful Conveyance from the said Bushell, and wrought the same to his own Use, and raised a good Quantity of Lead for the said Petitioners, until he was dispossessed of the same by His Majesty's Forces, placed in the Castle of Aberustwith and elsewhere near the said Mines and Works, by whose Power this your Petitioner was excluded out of his Possession as an Adherent to the Parliament, and all the Lead and other Profits then and upwards raised of the said Mines, by special Warrants of the Commanders of those Parts, and Terrors and Threats of the said Garrisons, were from Time to Time delivered to the said Mr. Bushell, for the King's Service, until His Majesty's said Forces were besieged in the said Castle of Aberustwith; so as this your Petitioner was thereby inevitably disabled to perform the said Contracts: And further saith, That, so soon as he was informed that the said Forces were restrained, he did presently re-enter upon the said Mines and Works, and hath wrought the same ever since to his own Use, and raised a good Quantity of Lead and Ore, for and towards the Performance of the said Contract with the Petitioners, which he saith he intendeth really to perform, together with Damage for Forbearance, according to the said Bushell's Petition and your Lordships Order thereupon, if he may quietly enjoy his just and legal Possession of the said Mines and Works, and dispose the said Lead and other Profits of the same without violent Interruption, which is daily threatened, and in Part already acted, as by several Affidavits and Certificates hereunto annexed may appear: All which he humbly tendereth to your Lordships grave Wisdom, for a Settlement of his peaceable Possession and quiet Working of the said Mines; and humbly prayeth your Lordships Order, that he be not interrupted in the same, or in the lawful disposing of the Lead, Ore, and other Profits, raised, or to be raised, out of the said Mines, by any Person or Persons whatsoever; paying the Duties of Custom and Excise, which he hopeth will be very advantageous to the State.