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 Veneris, 30 die Aprilis.
L. Cromwell and Sir W. Reeves.
E. of North'ton, and Gloucester Clothiers.
Langham & al. and Limbery & al.
Upon reading the Petition of Sir John Cordell, Alderman Langham, &c. against Captain Lymbery, &c. It is Ordered, That the Consideration of it is deferred until the Judges have made their Report upon the Case referred to them.
Commission to hear Causes in Chancery.
Ordered, That the Commission to hear and determine Causes in Chancery shall be renewed; and that Edwin Rich and Wm. Hakewill Esquires be added therein unto the former Commissioners; and the said Commission shall continue, and be in Force, for the Space of Ten Days after Easter Term next ensuing; and the Commissioners of the Great Seal shall pass the said Commission under the said Great Seal accordingly: And this shall be their sufficient Warrant in that Behalf.
Message from the H. C. for the Commissioners in Scotland to return.
2. That the House of Commons have ordered, that Robert Goodwin and Wm. Ashhurst Esquires, employed from both Houses to the Parliament of Scotland, shall have Liberty to return Home, wherein their Lordships Concurrence is desired.
Ordinance for the Committee for Irish Affairs to have Power of disposing of Monies.
An Ordinance was brought in this Day, for establishing the Power of disposing of Monies for the Affairs of Ireland, and other Powers, in the Committee sitting at Derby House for the Irish Affairs; which (fn. 1) was received, and read Twice.
Branley to command The Tenth Whelp.
Message to the H. C. about it;
and to remind them of the E. of Mulgrave.
Sir J. Thynn's Petition.
Ordinance for the Committee at Goldsmiths Hall.
Garrisons and Forces to be considered of.
Col. Collingwood's Regiment to be disbanded.
Message from the H. C. about Brampston being a Judge of the Common Pleas.
To put their Lordships in Mind of the Message sent Yesterday from the House of Commons, for nominating Serjeant Brampston to be a Puny Judge of the Common Pleas, in regard there is great Necessity of a Judge to be speedily put into the Place of Justice Reeves.
Serj. Godbold to be a Judge of the Common Pleas.
Ordered, That Mr. Serjeant Godbold be One of the Justices of the Common Pleas; and that the Clerk of the Crown in Chancery do prepare a Commission in usual Form, and that the Commissioners of the Great Seal are hereby authorized to pass the same under the Great Seal of England; and the Concurrence of the House of Commons be desired herein.
And it was (fn. 2) presently sent down to the House of Commons, by Sir Edward Leech and Doctor Aylett.
Report of the Conference about borrowing 200,000l. of the City.
"That whereas their Lordships sent down the Second Vote concerning the Security for the Two Hundred Thousand Pounds to be borrowed of the City, with Alterations; the House of Commons adhere to that Vote as it was brought up from them, because they hold it just that those Sums be paid too; and it will be an Encouragement for the lending this Two Hundred Thousand Pounds; otherwise they are afraid it will not be raised.
"Further, They adhere to the Fifth Vote, concerning Delinquents Estates, because they think it Reason, and fitting to be done, that those that have been Fomenters of this War should be Advantage to the Parliament, and pay the Public Debts: They do not intend it as an absolute Sale, but as a Security, and whereby the Values of them may be discovered.
"As concerning the Vote made by their Lordships, for adding Gouldsmithes Hall to the Security; the House of Commons cannot agree to it, because it is the only Power and Means for raising Money if there should be any extraordinary Occasion.
Answer from the H. C.
Message from thence, to sit P. M.; and with Ordinances, &c.
That they, being very desirous to finish the Propositions for borrowing the Two Hundred Thousand Pounds of the City, whereby the Business of the sending Forces into Ireland may be dispatched, do intend to sit this Afternoon; and desire their Lordships would please to sit also, if it may stand with their Lordships Conveniency.
Message from the H. C. that they agree to Serj. Godbold being a Judge of the Common Pleas.
L. Maynard versus Ly. Rich, about her taking away Miss Rogers.
The Question being put, "Whether the Consideration of the Business between the Lord Maynard and the Lady Rich shall be referred to the Committee of Privileges, to prepare the same, and report it to this House?"
These Lords following, before the putting of this Question, desired Leave to enter their Dissents, if this Question was carried against their Votes; which was granted: And they did accordingly enter their Dissents, by subscribing their Names.
L. Cromwell and Sir W. Ryves.
"In Obedience to your Order and Commands, of the 20th of March, I do in all Humbleness return this Answer; hoping that your Lordships will be pleased to take my sad Condition into your serious Consideration. True it is, that, before the Troubles of Ireland brake forth, I had (fn. 3) Sir William Ryves' Son-in-Law, by Way of Loan, Four Hundred Pounds; so likewise did I take up other great Sums of Money at Dublin, of several other Persons, upon the Credit of my Estate there, which then was sufficient to have discharged, not only those Debts, but a far greater Sum, and to have supported me in a Condition suitable to my Quality. Now, my Lords, it is so with me, that, my Lands being laid waste, my Towns and Houses burnt to the Ground, I am made unable thereby for the present to give any Manner of Satisfaction to my Creditors, not having received One Penny out of that Kingdom since the War begun; and what I have in this Kingdom came by Marriage, in which I have no longer any Power than until my Son attain to the Age of Twenty-two Years; and of that Estate I have not, since this War began, received more than Two Hundred Pounds per Annum, to maintain myself, Wife, and Five Children.
E. of Northampton and Gloucestershire Clothiers.
"The said Earl saith, That, although the said Clothiers and Carriers do not by their Petition charge him, or any others by any Order or Command of his, or any of his Garrison, to have taken any Thing from them; nor do they alledge any certain Time when they suffered any such Losses, whereunto, or for which, he may conceive himself obliged to make Answer or Satisfaction: Yet the said Earl acknowledges to have heard, that, in the late unhappy War, a Party of his Regiment of Horse did once fight with a Convoy of some Gloucestersheir Horse, where, by the Chance of War, some Cloth (the Matter of that Convoy) did prove his Soldiers Booty; but the said Earl knows not the Particulars thereof, for that he was not in that Action, nor issued any Orders to that Purpose.
"He therefore humbly prays your Lordships to allow him the Privilege of his Peerage, and not put him to answer Things acted in Time of War and declared Hostility; especially this present Business, being neither done by him nor his Command, nor charged otherwise than aforesaid.
Order for 1000l to Field Marshal Skippon.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be freely bestowed upon Phillip Skippon Esquire, Field Marshal of the Kingdom of Ireland, in Testimony of his great and faithful Services performed to this Kingdom; and that this Sum of One Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, in Course, with Interest for the Forbearance thereof, after the Rate of Eight Pounds per Cent. payable every Six Months; and that the Treasurers at Gouldsmiths Hall do pay the said Sum of One Thousand Pounds and Interest unto the said Field Marshal Skippon, or such as he shall appoint to receive the same, accordingly; and that an Acquittance under the Hand of the said Field Marshal Skippon, or such as he shall appoint to receive the same, shall be a sufficient Warrant and Discharge to the said Treasurers, for the Payment of the said Sum of One Thousand Pounds and Interest as aforesaid."
Ordinance for Mr. Long to continue Register of Chancery.
"Ordered, by the Lords and Commons assembled in Parliament, That Walter Long Esquire (a Member of the House of Commons) shall continue, hold, have, and enjoy, the Office and Place of Register of the Chancery, according to this Patent under the Great Seal formerly granted him; and do declare, That the said Patent doth and shall stand good, to all Intents and Purposes, notwithstanding any Order or Ordinance of both or either House of Parliament formerly made to the contrary."
Order for 100l. to Tarrant, and his Arrears; and 50l. apiece to the other Messengers.
"Ordered, by the Lords and Commons assembled in Parliament, That the Arrears due to John Tarrant Waterman, a Messenger to the Army, who has done very notable good Service to the Parliament, whose Name is omitted in the Petition preferred from the Messengers attending the Committee of both Kingdoms, have his Arrears paid him by the Committee of the Revenue.
"It is further Ordered, by the said Lords and Commons, That over and above his Arrears, in Acknowledgement of his very good Service, that the Sum of One Hundred Pounds be bestowed upon him, and paid out of the remaining Surplusage of the Arrears upon the Bill of Four Hundred Thousand Pounds uncollected in the County of Bucks; the Gentlemen of the County of Bucks being first paid the Six Thousand Pounds by them lent to the Parliament, to be paid out of the First Monies raised in that County upon the Act aforementioned.
"It is further Ordered, That the Sum of Fifty Pounds apiece be bestowed upon each of the said Petitioners; videlicet, Edward Newman, Robert Hanbury, John Preistly, John Arnold, Theodore Jennings, John Crips, Wm. Bynding, Robert Sherwood, and Thomas Bulmer, in Acknowledgement of their good Services, and paid likewife out of the Arrears upon the Bill of Four Hundred Thousand Pounds in the County of Bucks, if it may be there had; and that what cannot be there had, shall be charged upon the Receipts at Habberdash'rs Hall, and paid by Order of that Committee; and that this Business, as to the Arrears in the County of Bucks, be referred to the Care of Mr. West, One of the Knights of the Shire for that County, who is likewise to prepare, and bring in, an Ordinance for the Discharge of the Treasurer, upon the paying in of the said Arrears."
Serj. Godbold to be One of the Judges of the Common Pleas.
"Be it Ordered, by the Lords and Commons in Parliament assembled, That John Godbold, Serjeant at Law, be One of the Justices of the Common Pleas; and that the Clerk of the Crown in the Chancery do prepare a Commission, quam diu bene se gesserit; and that the Commissioners of the Great Seal are hereby authorized and required to pass the same under the Great Seal of England."
L. Viscount Hereford.
L. Forbes's Order.
The Ordinance concerning Mr. Sykes, (fn. 4) was read, and Agreed to. (Here enter it.)
Letter from Officers in the Army to Sir T. Fairfax:
Sent to him, to know if he received such a One.
Ordered, That this Copy of a Letter be sent to Sir Thomas Fairfaix; and desired to know whether he hath received any Letter as is mentioned in the Letter: And after he hath perused, to be desired to return it by the Messenger that brings it him; and that the Gentleman Usher is appointed to carry the Letter presently.
Vender of a Book, called, Unlawfulness of Subjects taking up Arms, &c.
The Earl of Northumb acquainted the House, "That, as he came, a Man delivered his Lordship a Book, with an Intention that this House might be made acquainted with. The Book was intituled, "The Unlawfullnes of Subjects taking up of Armes against their Soveriagne."
Hereupon this House Ordered, That the said Person shall make diligent Enquiry after this Woman, and the Author of the said Book; and shall have the Order of this House, to call to his Aid and Assistance all Constables and other Officers, for the apprehending of them, and bringing them before this House at the next Sitting.
Sir T. Fairfax received the Letter from the Officers.
The Gentleman Usher acquainted this House, "That he hath delivered the Letter to Sir Tho. Fairefax, who read it, and the Copy of the Letter inclosed; and said, "He received a Letter from the Army, to the same Effect of the Letter sent inclosed from this House for him to read; and he delivered the same to Lieutenant General Cromwell, to shew it to the House of Commons."
Mrs. Roper's Petition, for an Allowance on account of her Losses.
Upon reading the Petition of Mrs. Mary Roper, Daughter to the late Lord Viscount Baltinglasse; shewing, "That (fn. 5) she hath lost her Father and Mother, a little before the now horrid Rebellion in Ireland, and did also lose that Portion that they had left her, to the Value of above Two Thousand Pounds, which was in the Hands of Sir Edward Denny and others deceased, and is forced now to live upon the Charity of a Friend; by whose Death, the Petitioner is now left helpless: Therefore desires that her sad Condition may be taken into Consideration."
Votes for borrowing 200,000l. of the City.
Then the Fifth Vote was taken into Consideration, concerning Delinquents Estates, "Whether this House should adhere to it, as it was sent down to the House of Commons, with the Alteration, or to concur with the House of Commons, and leave out Gouldsmithes Hall from being given for Security."
Message from the H. C. to sit To-morrow.
To let their Lordships know, that the House of Commons, in regard of some Business of great Importance that is now before them, they intend to sit To-morrow, and they desire their Lordships would please to sit likewise, if it may stand with Conveniency.
Votes for borrowing 200,000l. of the City.
The Question was put, "Whether that the Lands and Estates of Papists in Arms, their just Debts, made before the First of April, 1642, being first paid, and excepting former Engagements that have been made by both or either House of Parliament, and excepting Impropriations, shall be given as a Part of the Security to the City of London, for the Loan of the Two Hundred Thousand Pounds?"
This Question was also put, "Whether that the Lands and Estates of Delinquents excepted from Pardon, their just Debts, made before the First of April, 1642, being first paid, and excepting former Engagements that have been made by both or either House of Parliament, and excepting Impropriations, shall be given as Part of the Security to the City of London, for the Loan of the Two Hundred Thousand Pounds?"
Committee to prepare Heads for a further Conference on this Business.
Letter from some Officers in the Army, to Sir T. Fairfax, complaining of Hardships; of the Motives for sending them to Ireland; and desiring his Protection.
"We, who have for these Two Years past been by your Excellency conducted through many Dangers, and by Providence hitherto protected; who have often seen the devouring Sword of a raging Enemy drawn forth against us, threatening Destruction to us; and now see the Vanquished and ourselves seemingly settled in Peace and Safety; are yet sensible of another more dangerous Storm hanging over our Heads than ever the Malice of our open Enemies could have contrived, or their Fury caused to fall upon us; which, unless diverted, strikes not only at our Liberty but our Lives also. To whom, next to our Maker, shall we fly for Shelter, but to your Excellency, our Patron and Protector? From what Secondary Means shall we expect our Deliverance, but from that Hand that hath so often been engaged with us, and from that Heart that hath as often been tender over and careful for our Security? Can we suffer, and you not sympathize? Can we be proclaimed Enemies, and your Excellency remain secure? O dear Sir! let your wonted Care for us be further demonstrated. Cease not to speak for us, who, together with yourself, and in Obedience to your Command, have adventured all that is dear to us for the Kingdom's Safety. Hath any Thing been desired by us that hath not been promised, or than we have just Cause to expect? If there hath, then let both it and the Authors thereof perish. But can the Parliament, upon Misinformation, pass us for Enemies, and we not therein perceive our Enemies Design? Can we be satisfied with a Compliment, when our Fellow Soldiers suffer at every Assize for Acts merely relating to the War? Is it not our Lives we seek for? Where shall we be secured, when the mere Envy of a malicious Person is sufficient to destroy us? Were our Enemies in the Field, with their Swords in their Hands, we should expect no more than a bare Command, and a Divine Protection in our Endeavours to free ourselves; but 'tis another and a far worse Enemy we have to deal with, who, like Foxes, lurk in their Dens, and cannot be dealt withal though discovered, being protected by those who are intrusted with the Government of the Kingdom. It is the Grief of our Hearts, that we cannot desire our own Security without Hazard to your Excellency, if but in speaking in our Behalf. When shall we see Justice dispensed without Partiality? or when shall the Weal of the Public be singly sought after and endeavoured? Can the Irish Expedition be any Thing else but a Design to ruin and break this Army in Pieces? Certainly, Reason tells us, it can be nothing else. Otherwise why are not those who have been made Instruments in our Country's Deliverance again thought worthy to be employed? or why are such who for their Miscarriages have been cast out of the Army thought fit to be intrusted; and those Members of the Army engaged and preferred to that Service, when they are for the most Part such as, had they considered their just Demerits, might rather have expected a Rejection than Employment? We are sensible, yea far more sensible, of the bleeding Condition of Ireland, crying aloud for a brotherly Assistance, than those forward Undertakers in this present Design manifest themselves to be; and shall willingly contribute the Utmost of our Abilities towards their Relief, when we shall see this to be the only Thing fought after and endeavoured. But we are consident that your Excellency cannot but perceive this Plot is but a meer Cloak for some who have lately tasted of Sovereignty, and, being lifted beyond their ordinary Sphere of Servants, seek to become Masters, and degenerate into Tyrants. We are earnest therefore with your Excellency, to use your utmost Endeavour, that, before any other or future Propositions be sent to us, our Expectations may be satisfied; which if they are not, we conceive ourselves and our Friends as bad as destroyed. And shall your Excellency, or any other faithful Servant to the State, be appointed for the Service of Ireland, and accept of that Employment, we must of Necessity, contrary to our Desires, shew ourselves averse to that Service, until our Desires be granted, the just Rights and Liberties of the Subjects vindicated and maintained; and then, as God and our own Consciences bear us Witness, we shall testify to the Kingdom the Integrity of our Hearts to the Service of Ireland; and our forward Actions to that Employment shall demonstrate the Sincerity of our Expressions. Once more we are earnest with your Excellency for your Assistance; without which, we are like to be wholly ruined; and, having obtained it, may be enabled, as in Duty we are bound, to express ourselves
Order for L. Forbes and his Officers to be paid their Dues.
"Upon a Report this Day made from the Committee for the Affairs of Ireland, to whom the Accompts and Desires of the Lord Forbus was referred: It is Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Seven Hundred and Four Pounds, Seventeen Shillings, and Four Pence, be allowed and paid by the Parliament, to the Treasurers of the Adventurers for additional Forces by Sea for Ireland; and that, out of the First Monies that shall come in to the Treasury of the said Adventurers, the Lord Forbes and his Officers be paid their just Dues: It is further Ordered, by the said Lords and Commons, That this Sum of One Thousand Seven Hundred and Four Pounds, Seventeen Shillings, and Four Pence, be charged upon the Receipts at Gouldsmiths Hall, in Course, and paid by the Treasurers at Gouldsmiths Hall to the Treasurers of the Committee for the additional Forces for Ireland."
Order for 4000l. for Mr. Sykes.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Four Thousand Pounds be paid unto William Sykes, upon Accompt, together with Interest after the Rate of Eight Pounds per Centum, payable every Six Months, during the Time the said Four Thousand Pounds shall be unpaid; and that the said Four Thousand Pounds, together with Interest arising thereupon, be charged upon the Receipts at Gouldsmiths Hall, in Course, and paid by the Treasurers there accordingly."
Order for Mr. Steward to be repaid 3600l.
"Whereas William Steward Esquire hath lent, for the Public Service, the Sum of Three Thousand and Six Hundred Pounds, ever since the Fourth of November, 1642, of which he hath received only the Sum of Four Hundred Pounds: It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the whole Interest already due for the said Three Thousand Six Hundred Pounds, at Eight Pounds per Centum (excepting for such Part of it as he hath since received) be forthwith paid unto the said William Steward, or his Assigns, out of the Receipts of the Grand Excise; and that the like Interest growing due after the Date of this Ordinance be constantly paid, at the End of every Six Months, out of the said Receipts, until the Principal Monies which remain yet unpaid be thence satisfied in Course, after such Sums be discharged which were granted before the 31th of March, 1646; and that the Receipts of the said William Steward, or his Assigns, with his or their Acquittances, from Time to Time, shall be to the Commissioners of Excise (for the Time being) sufficient Warrant and Discharge for Payment of so much of the said Principal Sum, and Interest at Eight per Centum, as the said Willm Steward or his Assigns shall receive."