Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 30 die Martii.
Ds. De Lawarr.
Swift, E. of Holland's Servant, Privilege.
Upon Information, "That one Zachery Sweft, a menial Servant of the Earl of Holland, is arrested (contrary to the Privilege of Parliament), by the Bailiff of Westm. though he was told he was the Earl of Holland's Servant:"
Dixon & al. sent for.
It is Ordered, That the said Zachery Sweft shall presently be released; and the Bailiff to be attached, and brought forthwith before the Lords in Parliament, to answer the same. Wm. Dixon made the Arrest.
Challenge between Lord Howard of Charl. and Mr. Howard.
The Speaker acquainted this House, "That Yesterday there was Information given to him of a Falling-out between the Lord Howard of Charlton and Mr. Thomas Howard; and, upon Language passed between them, they did challenge one another: Whereupon his Lordship sent to command them, in the Name of this House, to keep their Chambers; which Mr. Howard obeyed; but the Lord Howard conveyed himself away, and would not obey his Command, and so cannot be found."
Hereupon this House approved of what the Speaker had done herein; and Ordered, That the Gentleman Usher of the Black Rod shall find them both out, and command them, in the Name of this House, to keep their Lodgings, until they (fn. 1) receive further Directions from this House, as they will answer the contrary to this House at their Perils.
Command from the Speaker to have the Force of an Order of the House in these Cases.
Ordered and Declared, by this House, That a Command from the Speaker, in the Name of this House, when the House sits not, for preventing Mischief in the like Cases, shall be as equivalent as an Order of the House; and those that do disobey the said Command shall be liable to the Censure of the House; and that the Gentleman Usher and all other Officers shall obey the same.
Committee to consider of this Quarrel.
Ordered, That the Examination of the Business of the Difference between the Lord Howard of Charlton and Mr. Thomas Howard is referred to these Lords following, who are to endeavour to compose the Difference between, and to make them Friends:
Widows & al. Petition for Arrears.
Upon reading the Petition of divers poor Women and Widows; desiring, "That some Course may be taken for the paying some Part of their Husbands Arrears, which is due to them for their Service to the State:"
Ogle to tender his Bail.
Message from the H. C. for a Conference about the Army, and about Ireland.
To desire a Conference, so soon as it may stand with their Lordships Conveniency, to impart some Informations which they have received from some Part of the Army, and some Resolutions which they have made thereupon; and likewise concerning the Affairs of Ireland.
Message to the H. C. about The States Ambassador's Pass to the King.
Inhabitants of Clun, Petition for their Church to be repaired.
Dr. Alderne's Ordinance.
Committee for Irish Affairs.
Ordered, That all Businesses concerning the Kingdom of Ireland shall be transacted by the Committee for the Irish Affairs sitting in the Star-chamber; and not to be interfered by the Committee for Ireland at Derby House.
Vote about the Scots Army in Ireland.
L. Loftus and Sir G. Wentworth.
Report of the Conference concerning the Army and Ireland.
"The subscribing of divers Officers of the Army to assist for Ireland;" which was read, and the Votes of the House of Commons thereupon, wherein their Lordships Concurrence is desired. (Here enter them.)
"During the Abode in the Army, were informed of a Petition which was endeavoured in the Army to be signed, which tended much to the Disservice of the Public; a Copy whereof they had procured:" And it was read. (Here enter it.)
Declaration concerning the Army.
Vote for Gen. Skippon to come to it;
and to prevent the Army quartering near London; and for drawing out those intended for Ireland.
Order for 10 l. for the Messenger.
Letter to Sir T. Fairfax to come to London.
It was moved, "That a Letter might be written to Sir Tho. Fairefax, to desire him to come to London, in regard their Lordships have some Occasions to speak with him now, about the disposing of the Army; and that the Concurrence of the House of Commons be desired herein."
Declaration about the Army, to be sent to him with it.
Ordered, That the Declaration be sent to Sir Thomas Fairefax, inclosed in a Letter from this House, with Directions to him to [ (fn. 2) publish it] in the Army under his Command.
Message to the H C. about these Matters.
Votes for sending Forces to Ireland.
"1. Upon Sir William Armyn's Report from the Committee for the Affairs of Ireland at Darby House, touching the Proportions of Horse and Foot that shall be thought fit to be sent into Ireland, vigorously to prosecute an offensive War there; it is
"That Three Thousand Horse, besides Officers, be forthwith sent over into Ireland, for the vigorous Prosecution of the War there, over and above the Horse that are already designed for the Service of that Kingdom, and lie ready for Transport.
"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee for the Affairs of Ireland at Darby House, to consider what Forces are already in Ireland, what are designed for Ireland, and ready for Transport, and of an Establishment for them all, as well those that are designed, and upon Transport, and those also (fn. 3) that are now voted to be sent into Ireland; that all the Forces of that Kingdom that are upon the Pay of this Kingdom may be all paid upon One Foot of Establishment: And they are to report it to the House, with an Estimate of the whole Charge at present necessary.
"That it be referred to the Committee for the Affairs of Ireland at Darby House, to consider where and how the Twelve Hundred Dragoons this Day voted to be sent over into Ireland, and the Remainder of the Three Thousand Horse, over and above the Four Regiments of Horse voted to be taken out of the Horse of the Army, may be had; and they are to advise herein with the Committee of the Army."
Account of the Proceedings at the Convention of the Army, to consider of the Parliament's Orders for sending Forces to Ireland, &c.
"Lieutenant General Hamond.
Commissary General Ireton.
Lieutenant Colonel Jackson.
Lieutenant Colonel Pride.
Lieutenant Colonel Grymes.
Major (fn. 4) Dulkett.
Captain O Hara.
Captain Lieutenant Audley.
Captain Lieutenant Gladman.
"The Two Letters from the Committee of Lords and Commons for Irish Affairs sitting at Darby House, the one dated the 17th, the other the 18th of March Instant, and the several Votes of the House of Commons there inclosed, concerning the Tendering of Seven Regiments of Foot and Four Regiments of Horse out of this Army into Ireland, for the Service of that Kingdom, were read; whereupon his Excellency proposed unto the Officers this Question ensuing; videlicet,
"That, whether they shall find Cause to engage themselves Personally in that Service or no, they shall in their several Places be ready to further and advance it amongst those under their respective Commands.
"Lastly, those that were Affirmative to the desiring of Satisfaction in the First Proposition; (videlicet,) ["To know what particular Regiments, Troops, or Companies of this Army, are to be continued in Service in this Kingdom,"] did declare,
"That this was desired partly to this End, that, in giving the Resolution to the Main Question, none that are not designed to stay in England may be withheld from engaging for Ireland by any secret Expectation to be continued in England; and partly to the End that those who shall engage (the rather) upon Confidence of having the Company of such as do agree with them in the same Conditions may not be deceived in that Particular."
Account of the Proceedings at their Second Meeting.
"At the Desire of the Commissioners, who now produced the Votes of the House of Commons of the 16th of March, concerning the raising of Threescore Thousand Pounds per Mensem towards the Payment of the Forces in England and Ireland, the same were read unto the Officers; and, after some Debate, this Question was proposed,
"Qu. Whether, upon the Votes and Resolutions of the House of Commons now read, or any other Consideration, do you find Cause to alter or recede from the Third Query Yesterday resolved on, concerning Assurance of Pay and Subsistence?
"The several Votes of the House of Commons, concerning the sending Seven Regiments of Foot and Four of Horse into Ireland, was read unto them; as also the Votes of the House concerning the raising of Sixty Thousand Pounds per Mensem towards the Maintenance of the Forces in England and Ireland: And the same Question and Queries thereupon, which were Yesterday propounded, were now proposed to the said last mentioned Officers severally; and each Officer by himself declared his Vote to the First Query, videlicet,
"Captain Young, coming in, declared, That he receded from those Things wherein he Yesterday concurred, to desire Satisfaction; and resolves, upon the main Question, That he will engage with as many of his Soldiers as he can get.
Engagement of Officers for Ireland.
"4. Being willing and ready to answer the Expectation of the Parliament, in their Votes for sending a Part of this Army, Horse and Foot, into Ireland, for the Service of that Kingdom; we, whose Names are subscribed, do hereby freely promise to advance that Service by all good Means, and to improve our Interest with the Officers and Soldiers under our respective Commands, to go and engage in the same; resting confident of the Parliament's Care to give Satisfaction concerning their Arrears, and to provide a competent Maintenance for the Subsistence of that Army in their Service, and also for making Provision for their Indemnity for past Services in this Kingdom, and appointing a Person of Honour, Experience, and Integrity, to command over them.
Committee for Irish Affairs to treat with them about this Service.
"The Lords and Commons do accept of this Engagement of those Officers, and do give them Thanks for it; and do declare, That, as the rest that have engaged for Ireland have Two Months Arrears paid, and a Month's Advance, when they are on Ship-board, so shall they: And it is referred to the Committee for the Affairs of Ireland at Darby House, to treat with these Officers upon the carrying on and perfecting of this Service; and to treat and confer likewise with any other Officers of the Army, or any others, and to declare the same Conditions to them likewise."
Officers, &c. of Sir T. Fairfax's Army, Petition to him, with the following Remonstrance.
"That, ever since our first engaging in this Service, for preserving the Power of the Kingdom in the Hands of the Parliament, we have in our several Places served them with all Faithfulness; and although we have lain under many Discouragements, for Want of Pay and other Necessaries, yet have not we disputed their Commands, disobeyed their Orders, nor disturbed them with Petitions; not have there any visible Discontents appeared amongst us, to the Encouragement of their Enemies, and the Impediment of their Affairs; but have with all Chearfulness done Summer Services in Winter Seasons, improving the utmost of our Abilities in the Advancement of their Service: And seeing God hath now crowned our Endeavours with the End of our Desires, (videlicet,) the dispersing of their Public Enemies, and reducing them to their Obedience, the King being now brought in, our Brethren the Scotts satisfied and departed the Kingdom, all Dangers seemingly blown over, and Peace in all their Quarters;
"We, emboldened by their manifold Promises and Declarations to defend and protect those that appeared and acted in their Service, do herewith humbly present to (fn. 5) your Excellency the annexed Representation of our Desires; which we humbly beseech your Excellency to recommend, or represent in our Behalfs, to the Parliament.
Remonstrance from them, desiring to be indemnified for their Actions in this War; for their Accompts to be settled, their Arrears paid, &c.
"The humble Representation of the Desires of the Officers and Soldiers of the Army under the Command of his Excellency Sir Thomas Fairefax, presented first to his Excellency, to be by him represented to the Parliament.
"1. Whereas the Necessity and Exigency of the War hath put us upon many Actions which the Law would not warrant, nor we have acted in a Time of settled Peace; we humbly desire that, before our Disbanding, a full and sufficient Provision may be made by Ordinance of Parliament (to which the Royal Assent may be desired), for our Indemnity and Security in all such Services.
"2. That Auditors or Commissioners may be speedily appointed, and authorized to repair to the Head Quarters of this Army, to audit and state our Accompts, as well for our former Services in this Army; and that, before the Disbanding of the Army, Satisfaction may be given to the Petitioners for their Arrears, that so the Charge, Trouble, and Loss of Time, which we must otherwise necessarily undergo in Attendance for attaining of them, may be prevented; we having had Experience that many have been reduced to miserable Extremity, even almost starved, for Want of Relief, by their tedious Attendance; and that no Officer may be charged with any Thing in his Accompt that doth not particularly concern himself.
"3. That those who have voluntarily served the Parliament in the late Wars may not hereafter be compelled, by Press or otherwise, to serve as Soldiers out of this Kingdom; nor those that have served as Horsemen may be compelled by Press to serve on Foot in any future Case.
"4. That such in this Army as have lost their Limbs, and the Wives and Children of such as have been slain in the Service, and such Officers or Soldiers as have sustained Losses, or have been prejudiced in their Estates, by adhering to the Parliament, or in their Persons by Sickness or Imprisonment under the Enemy, may have such Allowances and Satisfaction as may be agreeable to Justice and Equity.
"5. That, till the Army be disbanded as aforesaid, some Course may be taken for the Supply thereof with Monies, whereby we may be enabled to discharge our Quarters, that so we may not for necessary Food be beholding to the Parliament's Enemies, burthensome to their Friends, or oppressive to the Countries, whose Preservation we have always endeavoured, and in whose Happiness we do still rejoice."
Letter to Colonel Harley, that the Petition, imposing Terms on the Parliament, is signed by his Regiment.
"This Day I understand that our Lieutenant Colonel drew your Regiment to a Rendezvous, and the Petition was read at the Head of them, and signed by above Eleven Hundred of them; and I understand that he saith, That all those Officers and Soldiers that refuse shall be cashiered the Army. The other Regiments are coming all up, except the Major General's. I confess, I do much doubt the Event, except the Parliament take some high Resolution; they do intend to inslave the Kingdom for all that I can hear by them. If the Parliament would please to provide Money, and send for Major General Skippon. Yet I am confident they might do what they please with the Army without that Course. I fear they will prove troublesome. My humble Service to Sir Robert and my special Friend Major Robert Harle. Sir, I hope I need not tell you that I am
Letter to Colonel Rosseter, that it is sent to his Regiment to be signed.
For my Part and the rest of the Officers, (fn. 6) we are resolved not to act without you: And therefore we desire speedily to hear from you by this Messenger; and that we do not approve of the Clause of craving the Royal Assent. The Hands of the Regiment, as well Officers as Soldiers, are desired; and this desired from the Army; and the Names to be sent to Colonel Hamond, Lieutenant General Hamond, Commissary General Ireton, Colonel Lilborne, or Lieutenant Colonel Grymes, or any Three of them.
Letter to Sir T. Fairfax, for Gen. Hammond, Col. Pride, &c. to attend the House, for promoting the Petition.
"I am commanded to acquaint you, That this Day the House has received Information in a Letter, to this Purpose; (videlicet), That Lieutenant Colonel Pride, Lieutenant Colonel to Colonel Harley, drew his Regiment to a Rendezvous, and that the Petition was read at the Head of them, and signed by above Eleven Hundred of them; and that he saith, That all those Officers and Soldiers that refuse shall be cashiered the Army; that the other Regiments are coming all up, except the Major General's. I am further to acquaint you, that you are, by the House, desired to give Order, that Lieutenant Colonel Pride, Colonel Hamond, Lieutenant General Hamond, Colonel Lilbourne, and Lieutenant Colonel Grymes, do attend the House. Not having more in Command, I remain,
Heads of the Petition.
"3. That no Horseman be forced to serve (fn. 7) as a Foot Soldier.
Declaration of the Dislike of both Houses to this Petition of the Army.
"9. That the Two Houses of Parliament having received Information of a dangerous Petition, with Representations annexed, tending to put the Army into a Distemper and Mutiny, to put Conditions upon the Parliament, and obstruct the Relief of Ireland, which hath been contrived and promoted by some Persons in the Army; they do declare their high Dislike of that Petition, their Approbation and Esteem of their good Service who first discovered it, and of all such Officers and Soldiers as have refused to join in it; and that for such as have been abused, and by the Persuasion of others drawn to subscribe it, if they shall for the future manifest their Dislike of what they have done, by forbearing to proceed any further in it, it shall not be looked upon as any Cause to take away the Remembrance and Sense the Houses have of the good Service they have formerly done; but they shall still be retained in their good Opinion, and shall be cared for with the rest of the Army, in all Things necessary and fitting for the Satisfaction of Persons that have done so good and faithful Service, and as may be expected from a Parliament so careful to perform all Things appertaining to Honour and Justice: And on the other Side it is Declared, That all those who shall continue in their distempered Condition, and go on in advancing and promoting that Petition, shall be looked upon, and proceeded against, as Enemies to the State, and Disturbers of the Public Peace."
Orders to draw out into a Body the Forces that shall be willing to go for Ireland.
"10. Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee for the Affairs of Ireland at Darby House, to draw out such of the Army as shall engage to go for Ireland, from the rest of the Army, into a Body, as they shall think fit; and that Direction shall be given to the General, that the other Regiments of the Army may be laid farther asunder, for the Ease of the Country; and that a Stop may be given to such Regiments as are ordered to march nearer to the Head Quarters."
Gen. Skippon to come to the Army.
"11. Resolved, by the Lords and Commons in Parliament assembled, That Serjeant Major General Skippon be sent to, forthwith to come up to the Army; and it is left to Serjeant Major General Skippon to depute One in his Place, to take the Charge of Newcastle and Tynmouth, until both Houses take further Order."
10 l. for the Messenger to Col. Rosseter.
"12. Ordered, by the Lords and Commons assembled in Parliament, That Ten Pounds be bestowed upon the Messenger that brought the Letter to Colonel Rosseter from his Regiment, and paid by the Treasurers at Gouldsmiths Hall."
Speaker's Command to prevent Quarrels when the House do not sit.
"It is this Day Ordered, and Declared, by the Lords in Parliament assembled, That when any Information shall come to the Speaker of the House of Peers, when this House doth not sit, of any Fallingout between any Persons, whereby there is like to ensue Quarrels which may extend to Blood, a Command from the said Speaker, to enjoin such Persons to be confined to their Houses or Lodgings, until the Pleasure of this House shall be known, shall be in Effect, and as equivalent, as an Order of this House; and that the Gentleman Usher of this House shall obey the said Command; and if any Person shall disobey it, they shall be liable to the Censure of this House."
E. of Northumb. to have the Refusal of purchasing Farnham Castle; and the Treasurers for Sale of Bishops Lands to give an Account of their Proceedings in this Business.
"It is this Day Ordered, by the Lords in Parliament assembled, That the Trustees for the Sale of Bishops Lands give an Accompt to this House of the Proceedings of themselves and their Surveyors, concerning the present letting of the Manor, Castle, Parks, and Demesnes, of Farnham, and what Contract is made for the same, or any of them, with any Persons, and with whom, and on what Conditions; and that the Earl of Northumberland and his Servants shall continue in Possession of the Manor, Castle, Parks, and Demesnes, until this House receive Satisfaction herein from the said Trustees; that his Lordship, under any Pretence whatsoever, may not be made uncapable of the Privilege that every Subject enjoys of buying or selling, nor lose the Benefit given him by Ordinance of Parliament of having the First Refusal of purchasing the said Manor, by being thrust out of Possession by any Authority derived from the said Trustees: And herein Obedience is to be given, as the contrary will be answered to this House."
Inhabitants of Clunne Petition, for their Church to be repaired, which was destroyed by the King's Forces.
"That whereas a great Part of our Church and Steeple, which was covered with Lead, and furnished with Four Bells, were, during these late Troubles, burnt by an Officer of the King's Party (lest it should be made a Garrison for the Parliament, or a future Defence and Shelter for the Soldiers, as formerly it had been); the Loss thereof amounting to Eight Hundred Pounds at the least:
"And forasmuch as your Petitioners are now destitute both of Church and Chapel, wherein to hear the Word of God, and receive the Sacraments, to the Spiritual Prejudice of your Petitioners and their Families:
"And forasmuch also as your Petitioners, by reason of their great Sufferings from the King's Party for their good Affections to the Parliament in these late Wars, are made unable to re-edify the same:
"They humbly pray (the Truth of all this appearing by the Attestation of the Parish to the Committee of Salopp under their several Hands, as also by the Certificate of the said Committee to your Lordships hereunto annexed) that your Lordships will be pleased to order, That Eight Hundred Pounds may be assigned to the Parish, out of the Compositions of Sir Robert Howard, Lord of the Honour and Manor aforesaid; and that your Petitioner, who is intrusted by the Parish herein, may have Power to raise the said Sum of Eight Hundred Pounds out of the Rents and Profits of the said Sir Robert Howard, in the said County of Salopp, for the Re-edifying of the said Church.
Letter to Sir T. Fairfax, with the Declaration about the Army.
"I am commanded, by the Lords assembled in Parliament, to send unto you this inclosed Declaration of the Lords and Commons; and to desire you that it be published in the Army under your Command. This is all I have in Direction, as
Smith to be instituted to Chelfield and Farnborough.
Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Mr. George Smith Master of Arts, to the Rectory of Chelfeild, and the Chapel of Farneborrough annexed, in the County of Kent, salvo Jure cujuscunque; the said Mr. Smith taking the National League and Covenant; producing his Presentation thereunto under the Hand and Seal of John Clerke Esquire, Patron.
Ordinance to clear Dr. Alderne of his Delinquency.
"It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Delinquency of Doctor Edward Alderne be pardoned, and the Sequestration of his Estate Real and Personal discharged and taken off, and the Delinquency of the said Doctor Edward Alderne is hereby pardoned, and the Sequestration of his Estate Real and Personal fully discharged and taken off, in Confirmation and making good the Agreement and Undertaking of the Committee of both Kingdoms; and all Committees, Sequestrators, and Collectors, and their Officers, and others whom it may concern, are hereby required and enjoined to take Notice hereof, and yield ready Obedience hereunto."
"It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Delinquency of Mr. James Rodd Senior be pardoned, and the Sequestration of his Estate Real and Personal discharged and taken off, and the Delinquency of the said Mr. James Rodd is hereby pardoned, and the Sequestration of his Estate Real and Personal fully discharged and taken off, in Confirmation and making good the Agreement and Undertaking of the Committee of both Kingdoms; and all Committees, Sequestrators, and Collectors, and their Officers, and others whom it may concern, are hereby required and enjoined to take Notice hereof, and yield ready Obedience hereunto."