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 Mercurii, 22 die Julii.
Dr. Walker's Ordinance to be Master of All Souls.
Evans's, to be Lecturer at Litchfield.
Another Ordinance, to make Mr. Daniell Evance Public Lecturer at the Cathedral Church of Litchefeild, was brought into this House, and read: and approved of, and Ordered to be sent to the House of Commons for their Concurrence.
E. of Newport to attend.
E. of Bath to be released, on taking the Covenant;
Upon reading the Petition of Henry Earl of Bath; shewing, "That he, about Ten Weeks since, in Obedience to your Lordships Order, entered into Recognizance of Two Thousand Pounds, with Two sufficient Sureties, with Condition that he should not go above Ten Miles without the Lines of Communication: He desireth that he may be released from that Restraint; and that his Bail may be discharged."
and L. Howard of Charl.
Upon reading the Petition of the Lord Howard of Charlton; shewing, "That he hath been restrained, by their Lordships Command, since his Repair to London; to which, and all other Censures of the House, he most willingly submitteth; beseeching their Lordships to consider, the Urgency of his Occasions require a Personal Dispatch, wherein he is altogether disabled as to the Prosecution of the same; humbly desiring such fitting Liberty as their Lordships please to allow, for the Solicitation thereof."
E. of Manchester continued Speaker.
Message from the Assembly, that Dr. Twist their Prolocutor is dead.
To let their Lordships know, "That Doctor Twist, who was appointed by the Ordinance of both Houses to be Prolocutor of the Assembly of Divines, died on the Sabbath-day Morning last; and the Assembly have forborn to fit, until the Houses do give further Directions therein."
Gold and Hill sent for, for Contempt.
Upon reading the Affidavit of Wm. Capell Esquire: It is Ordered, That Judeth Gold Widow, and John Hill, shall be sent for, as Delinquents; and brought forthwith before this House, to answer their Contempts to the Orders of Parliament.
Maynard's Ordinance to be Vicar of Milton Abbot.
Mr. Philpott's Sequestration to be taken off.
Upon Report of the Lord North, from the Committee of Lords and Commons for Sequestrations: It is Ordered, That the Sequestration of Mrs. Philpott's Estate shall be taken off; and the Concurrence of the House of Commons to be desired herein.
Countess of Berks, a Pass.
Message from the H. C. for Mr. Herle to be Prolocutor of the Assembly.
To let their Lordships know, that they being informed this Morning of the Death of Doctor Twist, Prolocutor of the Assembly of Divines; and because, by the Ordinance, the Assembly cannot fit without the Election of another Prolocutor, the House of Commons desires their Lordships Concurrence in the Nomination of Mr. Herle to be Prolocutor in his Place.
Letter from the D. of York, for Money.
D. of York to come to London.
Message to the H. C. about him.
To deliver the Duke of York's Letter to them; and recommend it to them, that the Two Hundred Pounds may be sent him, whereby he may come away from Oxford with Honour; and to let them know, that the Lords have given the Earl of Northumb. Order to send for the Duke of Yorke to London; and desire their Concurrence therein.
about Mrs. Philpott's Sequestration;
about regulating Oxford University;
3. To put them in Mind of appointing a Committee, to join with a Committee of Lords, to regulate the University of Oxford; and because the Business requires great Expedition, their Lordships desire an Answer (fn. 1) with as much Speed as may be.
and with Dr. Walker's Ordinance.
Colonel Herbert's Petition to be freed from an Arrest.
Upon reading the Petition of Colonel Wm. Herbert; complaining, "That he, being in present Service of the Parliament, under the Command of Sir Tho. Fairefax, as coming to London about his Occasions, is arrested, and committed to Prison:"
It is Ordered, That a Habeas Corpus be issued out immediate, to bring the said Colonel Wm. Herbert before this House, Corpus cum Causa; and that the Parties that arrested him are forthwith to appear before this House, to answer the same.
East India Company, and Alderman Fowkes.
And it (fn. 1) is Resolved, upon the Question, That this Cause between Mr. Alderman Fouks and the East India Company shall be retained in this House, before a Bill of Review in Chancery.
Ordered, That the Cause between Alderman Fouks and the India Company shall be heard, in this House, the 15th of October next; and that Alderman Fouks shall have Liberty to peruse the Books, according to the former Order of this House.
Message from the H. C. with Ordinances;
and about Belfast.
Ordinance for the Sussex Forces.
Answer to the H. C.
E. of Warwick's Cause, about the Post-office.
It was reported from the Committee, "That the Lords have met, according to Order of this House, concerning the Letter-office, and have called to their Assistance Mr. Justice Rolls and Mr. Justice Phesant, who they have desired to peruse the Patent of the Letter-office now assigned to the Earl of Warwicke, and to report to them their Opinion concerning many Particulars of the Validity thereof; but, finding the Order in that Point not so full concerning the Validity of the Patent, their Lordships desire that this House would be pleased to make an Order for Mr. Justice Rolls to report his Opinion to all such Particulars thereof as the Committee shall think fit to ask him, concerning the Validity of the Patent; and that the said Mr. Justice Rolls deliver such Opinion to the said Committee as Mr. Justice Pheasant hath left with him to deliver."
Message from the H. C. to sit a while.
Wash & al. for drowning the Isle of Axholm.
Peers from the King's Questers to be attached.
Ordered, by the Lords in Parliament assembled, That the Gentleman Usher attending this House shall take into his Custody the Persons of such Peers of this Kingdom, that have come out of the King's Garrisons, and have not made their Addresses to the House of Peers, and keep them in Safety until the Pleasure of this House be further signified.
Sir Richard Gurney, Leave to go to Tunbridge.
Ordered, That Sir Richard Gurney, a Prisoner in The Tower of London, shall have (fn. 2) Leave to go to the Waters of Tunbridge, for his Health, for Six Weeks; he putting in sufficient Bail to this House to return to The Tower again as soon (fn. 2) as he comes from the said Waters.
Brown and Serle.
Leicester Garrison disbanded.
Order to prevent Malignants from having Access to the King.
"Whereas divers Malignants and others, that have adhered to the King against the Parliament, are now come to the Cities of London and Westm. and other Places within the Parliament's Quarters, and, under Pretence of several Articles, do repair to the King's Person, whereby much Inconvenience may arise: The Lords in Parliament do Declare, That no such Person whatsoever shall presume in the future to repair to the Court, or to the King's Person, without the special Leave of this House, and a Pass under the Hand of the Speaker of this House, as they will answer the contrary to this House at their Perils; and that this Declaration may be communicated to the Scotts Commissioners, who are hereby desired to give Directions that this Order be performed accordingly; and lastly, that all such Persons as have been in Arms against the Parliament, and in particular Edward Walker a dangerous Malignant, and a Person ill-affected to the Parliament, now about the King, shall be forthwith dismissed and sent away from about His Majesty: And it is Ordered, That the Scotts Commissioners be desired to prevent the coming of any of their Nation to the King, who have been in Arms against the Parliament of either or of both Kingdoms."
Stannaries in Cornwall, Petition.
Ds. Willoughby, and
Fuel for the House to be provided.
Ordered, That the Gentleman Usher of the Black Rod attending shall inform himself what the Charge of Fuel hath been at formerly, to maintain Fires about the Rooms adjoining to this House; and to consider how it may be contracted to as reasonable a Charge as may be.
Ordinance for Money for Ireland.
Message from the H. C. for a Conference about an Answer to the French Ambassador.
Captain Hanson released.
Orders for Concurrence.
The Order for the Great Seal (fn. 3) to be broken, was read, and Agreed to; with this Addition, "That it be broken in the Presence of the Earl of Kent and the Earl of Sarum, Two of the Commissioners of the Great Seal of England."
The Order for the King's Bench (fn. 4) Seal to be defaced and broken, was read, and Agreed to. (Here enter it.)
Lords cited in the Prerogative Court, refuse to appear.
The Speaker acquainted this House, "That Sir Nath. Brent was with him, to inform him, that there were divers Lords that were cited into the Prerogative Court, about the Probate of Wills; but they refused to appear, standing upon their Privilege."
Hereupon it is Ordered, That it be signified unto Sir Nath. Brent, That, from Time to Time, he shall acquaint this House with the Names of such Lords as he shall have Occasion to cite; and then this House will take the same into Consideration.
Report of the Conference about an Answer to the French Ambassador.
"That they have made a Resolution and Answer to what the French Ambassador delivered at his Audience; and likewise they have drawn a Pass for him, and a Letter to be sent to the Ambassador, to be signed by the Speakers of both Houses, if their Lordships do agree to it."
Letter to him;
The (fn. 5) Letter from the Speakers, was read, and Agreed to. (Here enter it.)
Message to the H. C. that the Lords agree to it, and his Pass.
East India Company versus Alderman Fowke.
The Petitioners being, by your Lordships Order of the 8th of July Instant, required to give Answer to the Petition of John Fowke, Alderman of London, whereby he complains of Two Decrees, One in the 7th the other in the 11th Year of the King, made in Chancery, in Two several Causes wherein your Petitioners were Plaintisfs against him.
The Petitioners in all Humbleness offer to your Lordships, That, in as much as, by the Justice of that Court, any Party grieved with a Decree made may bring his Bill of Review in that Court, to reverse and avoid the Decree;
"And that the Petitioner, Alderman Fowke, hath not in all this Time exhibited any Bill of Review in that Court, to reverse either of the Decrees complained of, neither in the Time of the Lord Keeper who made the same, nor in the Time of any of his Successors, nor of the Lords and others Commissioners established by Ordinance of Parliament, where he might and ought, if justly grieved, to have brought the same; and that the Matters complained of do concern the private Interests of the Parties, which are, as these Defendants humbly conceive, properly examinable and determinable in the proper Courts of Justice, and not to beget your Lordships Trouble, where no Obstruction of Justice is complained of.
"Your Petitioners, in all Humbleness, pray your Lordships Judgement, whether any other or further Answer, shall or ought (fn. 6) to be in Justice required to be given by your Petitioners to the said Complaint before your Lordships, until the Party complaining shall first have sought Relief in an ordinary and regular Way of Justice, and been denied it.
"And humbly pray the said Alderman's View and having Copies of the Petitioners Acts, Orders, Entries in their Books, and other Writings in your Lordships Order mentioned, may be spared; and the Alderman and your Petitioners lest to the ordinary Course of Justice.
Order for 2500 l. for Mr. Searle.
"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall may and do, out of the Fifth Parts, and out of the Fifth and Twentieth Parts of such Persons as have not paid the same, or out of such Delinquents Estates as Mr. Searle, a Member of the House of Commons, hath discovered, or shall discover, to the said Committee, within Three Months after the passing hereof, and not before discovered, make Satisfaction unto the said Mr. Searle for and towards his Losses, so as such Satisfaction do not exceed the Sum of Two Thousand and Five Hundred Pounds."
Letter from Sir T. Fairfax, that Worcester is surrendered.
"I thought it my Duty to impart unto your Lordships, that which I newly received, That Articles of Agreement are passed between Colonel Rainsborrow and Colonel Washington Governor of Worcester, for the Surrender of that City, the 23th of this Instant. I present your Lordships with a Copy of the said Articles here inclosed; and rest
Articles for the Surrender of it.
"Articles of Agreement for the Surrender of the City of Worcester, and the Forts belonging thereunto, concluded July 19th, 1646, between Colonel Thomas Rainsborow on the Behalf of his Excellency Sir Thomas Fairefax General of the Forces raised by the Parliament, and Colonel Henry Washington General of Worcester.
"1. That the City of Worcester, with all Forts, Ordnance, and Arms, Ammunition, Stores, and Provision of War thereunto belonging, shall be delivered, without wilful Spoil and Embezzlement, unto his Excellency Sir Thomas Fairefax, or to such as he shall appoint to receive them, upon the 23th of this Instant July, at Ten of the Clock in the Morning, in such Manner, and with such Exceptions, as are contained in the ensuing Articles.
"2. That, on the 23th of July, the Governor and all Officers and Soldiers of the Garrison, with all other Persons therein that will, shall march out of Worcester, with their Horses, Arms, and Baggage, properly belonging to them, to any Place within One Mile of Worcester which the Governor shall choose, where all their Horses and Arms, except what are allowed in the ensuing Articles, shall be delivered up to such as his Excellency Sir Thomas Fairefax shall appoint, all the Soldiers shall be disbanded, and all such, both Officers and Soldiers, and others, as shall engage themselves by Promise never to bear Arms any more against the Parliament of England, nor do any Thing wilfully to the Prejudice of their Affairs, shall have the Benefit of the ensuing Articles.
"3. That all such as shall desire to go to their own Homes or Private Friends, shall have the General's Passes and Protection, for their peaceable Repair to, and Abode at, their several Places they shall desire to go unto; the Governor to pass with all Horses, Arms, and Baggage, properly belonging to him; and each Colonel to pass with Three Horses, each Lieutenant Colonel, Serjeant Major with Two Horses, each Captain, Lieutenant, and Cornet, with One Horse, and every Person not under the Degree of an Esquire with Three Horses; and all of them with their Arms and Goods properly belonging to them to be carried on their Horses, and all Soldiers with their Swords and such Baggage as properly belong to them which they carry about them.
"4. That all Persons which are to have the Benefit of the preceding Articles shall, if they desire it, have Passes to go beyond Sea; provided they quit this Kingdom within Two Months after the Surrender of the Town.
Ordinance for 50,000 l. for Ireland.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Fifty Thousand Pounds shall be paid in Course, out of the Receipts of the Excise, to come in upon the several Ordinances of Parliament, unto Nicholas Loftus Esquire, Deputy Treasurer at Wars for Ireland, or his Assigns, to be employed for the present Service and Relief of that Kingdom, whose Receipt or Receipts for the same shall be to the Commissioners of Excise for the Time being a sufficient Warrant and Discharge in that Behalf: And for the better and more speedy Supply of the Forces there, be it further Ordained, That if any Person or Persons shall advance the said Fifty Thousand Pounds, or any Part thereof, by Way of Loan, that every such Person or Persons, their Executors, Administrators, or Assigns, shall be paid and reimbursed the several and respective Sum or Sums of Money, which he or they shall advance, out of the Receipts of the Excise as aforesaid, together with Interest at the End of every Six Months, after the Rate of Eight Pounds per Centum per Annum, for so long Time as the same, or any Part thereof, shall be forborn; and that the said several and respective Sums of Money, to be advanced for the Uses aforesaid, be paid unto the said Nicholas Loftus, or his Assigns, whose Acquittance or Acquittances under his Hand, testifying the particular and respective Sums advanced, together with the Receipt or Receipts, Acquittance or Acquittances, under the several and respective Hands of the several and respective Advancers and Lenders thereof; their Executors, Administrators, or Assigns, shall be a sufficient Warrant and Discharge unto the said Commissioners of Excise for the Time being, for Payment of the said Fifty Thousand Pounds, and Interest for the same and every Part and Parcel thereof, accordingly."
Ordinance to clear Kent of his Delinquency.
"Whereas Anthony Kent, of the City of Lincolne, Gentleman, hath by both Houses of Parliament been admitted to his (fn. 7) Fine of One Hundred Seventeen Pounds, he having been in Arms 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 Anthony Kent for his said Offence, in such Form as shall be agreed by both Houses for like Offenders, 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 Prosits thereof, from the 14th Day of February, 1645, with an Exception of the Right or Estate of the said Anthony Kent 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 said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Anthony Kent 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Anthony Kent shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."
Order for 2000 l. for Exeter.
"Ordered, by the Lords and Commons in Parliament assembled, That Two Thousand Pounds be charged and issued, out of the Receipts of the Excise of the City of Exceter and the County of Devon, and paid upon Accompt to such as the Committee of the West shall appoint to receive the same, to be employed for reimbursing such Monies as have been advanced by the Citizens of Exeter for Relief of the Garrison, and towards the future Pay and Maintenance of the said Garrison, in such Manner as the Committee of the West shall direct; and that the Commissioners of Excise do give Order to their Subcommissioners of the said County of Devon and City of Exceter, to pay the said Two Thousand Pounds accordingly."
Order for 100 l. to Domerque.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be paid, upon Accompt, unto Isaack Domerque, late Chirurgeon to the Brigade under the Command of the Lord Willoughby of Parham; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said One Hundred Pounds accordingly: And the pressing Necessities and good Service of the said Isaack Domerque are hereby especially recommended to the Consideration of the said Committee."
Order for 20 l. for Mr. Mabbott.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Twenty Pounds be bestowed on Gilbert Mabbott, One of the Servants to the Clerk of the House of Commons, for his Pains in engrossing the Propositions, and for divers other Services done to the said House during this Parliament; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdasher, Hall do pay the said Twenty Pounds accordingly."
Seals to be locked up.
"Ordered, by the Lords and Commons assembled in Parliament, That the Privy Seal and Signet Seal, and other small Seals, be kept locked up in the same Place where the Great Seal is now kept by Order of both Houses."
Seals from Oxford, and the Court of Wards Seal, to be broken.
Order for 15 l. to Saunders & al. for apprehending Colonel Gradee.
"Ordered, by the Lords and Commons assembled in Parliament, That Ten Pounds be bestowed upon Marmaduke Sanders, and Five Pounds upon Cormack Devlin and Arthur Mulhallam, Messengers, for their Pains and Diligence, in apprehending and recovering Colonel Gradee, a bloody Irish Rebel, apprehended and escaped from the Messengers Hands; and that this Fifteen Pounds be charged upon Habberdashers Hall, and paid by the Committee there accordingly."
More Seals from Oxford to be defaced.
Order for 1400 l. for the Sussex Forces at Abington, &c.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That One Thousand Four Hundred Pounds be paid in Course, with Interest at Eight Pounds per Centum, payable every Six Months, out of the Receipts of the Excise, on the Ordinance of the 11th of September, 1643, when other Assignments already made on those Receipts shall be first satisfied, Four Hundred Pounds thereof to be employed for the Use of the Sussex Forces now at Abingdon, and the Remainder to be disposed and employed for such Uses as the Committee of both Kingdoms shall think fit; and the Commissioners of Excise are hereby authorized and required to make Payment of the said One Thousand Four Hundred Pounds, together with Interest, in Manner aforesaid, unto Mr. Gualter Frost, Secretary to the Committee of both Kingdoms, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the Payment of the said One Thousand Four Hundred Pounds, and Interest, and every Part and Parcel thereof, accordingly: And be it further Ordained, That the Four Hundred Pounds, Parcel of the One Thousand Four Hundred Pounds aforesaid, hereby appointed to be employed for the Sussex Forces at Abingdon, be paid by the said Gualter Frost unto Harbert Hay and Harbert Morley, whose Receipt shall be his Discharge in that Behalf."
Mrs. Philpot's Sequestration taken off.
(fn. 8) Passed the H. C. 27 Feb. 1646.
"The Lords and Commons assembled in Parliament do Order and Ordain, That the Sequestration of the Estate, Real and Personal, of Susan Phillpott Widow, late Wife of John Philpott, Som'sett Herald at Arms, deceased, be forthwith discharged, and is hereby fully discharged and taken off; and all Committees and Sequestrators are to take Notice hereof, and to yield ready Obedience thereunto."
Letter to the French Ambassador, in Answer to his Speech.
"We do thankfully acknowledge the Expressions, which we have received from the French King, of His Majesty's good Affections to this Kingdom, and shall heartily endeavour on our Parts the Continuance of it. But to His Majesty's Desires of mediating a Peace, and interposing betwixt the King and Us, and to what was said by your Excellency in that Particular, and of your being sent to invite us to take or propound some Conditions that might effect the same; we do declare, That we ourselves have been careful to improve all Occasions to compose these unhappy Troubles; yet we have not, neither can admit of any Mediation or Interposing between the King and us, by any Foreign Prince or State: And we desire that His Majesty the French King will rest satisfied with this our Resolution and Answer.
His Paper to the King.
"These are to require and charge you to permit and suffer Le Sieur De Belliure, Extraordinary Ambassador from the French King, with his Retinue, Coaches, and Horses, and Accommodations for Travel, to pass quietly and unmolested to any Place within this Kingdom, and into the Kingdom of Scotland, if he think fit; and in his said Journey, and at all Places of his Abode, he is to be used with all fair and civil Respect.