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 Saturni, primo die Maii.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
Heads for the Conference about borrowing 200,000l. of the City.
The Earl of Manchester reported from the Committee, the Reasons to be delivered at the Conference with the House [ (fn. 1) of Commons], concerning the Votes of borrowing the Two Hundred Thousand Pounds.
The Reasons were read, and Agreed to, as followeth:
"The Lords are so desirous to express their Compliance with the House of Commons in this Particular, which they conceive tends so much to quieting of this Kingdom, and relieving of Ireland, as they have receded from their own Sense in their former disagreeing to the Second Vote, and do now agree unto it.
"They likewise consider the present Necessity of borrowing the Sum of Two Hundred Thousand Pounds; and therefore they, conceiving the Security upon Gouldsmithes Hall to be such a Security as may give best Satisfaction to those that shall lend any Sums of Money, do think fit to adhere to their former Resolution. And whereas it was urged by the House of Commons, that the Point of Time was a considerable Circumstance in this Business, and that the greater Encouragements that should be given to those who are to lend, would be the certainest Means for the speedy procuring of our own Desires in answering our present pressing Necessities, they have thought sit to make an Addition of further Security, which in Part answers the Designs of the House of Commons."
Message to the H. C. for this Conference.
A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:
To desire a present Conference, if it may stand with their Conveniency, touching the Matter of the late Conference, touching the Votes for the Security to be given to the City for the Loan of Two Hundred Thousand Pounds.
Ordinance for regulating Oxford University.
Ordered, That this House agrees to the adding of the Names of Committees to the Ordinance for regulating the University of Oxford.
(Here enter the Ordinance.)
Manner of voting at the Conference.
The House declared, "That the Lords of this Committee shall vote apart by themselves, distinct from the Members of the House of Commons that are of this Committee, according to the former Order of this House."
Committee for Irish Affairs to grant Commissions.
Ordered, That the Committee for the Affairs of Ireland at Derby House shall hereby have Power to grant Commissions to the Commanders and Officers of the Regiments to be sent out of North Wales, for the Service of Ireland, returned from Colonel Mytton.
Ordered, That the Committee for the Irish Affairs at Derby House shall hereby have Power to grant Commissions to such Officers of Colonel Birche's Rigiment of Foot, and Two Troops of Horse, which he has contracted with the said Committee to transport into Ireland, as he shall return the Names of unto that Committee; and that their Commissions bear Date from the Time of the Contract made between that Committee and him.
Ordinance for paving Scots Officers.
The Ordinance concerning the Scotch Officers, was read, and Agreed to. (Here enter it.)
Tryon and Wright.
Upon reading the Petition of Moses Tryon, and also the Affidavit of Nicholas Greene; complaining, "That Mr. Wright doth disobey an (fn. 2) Order of this House, dated the 24th December, 1646:"
It is Ordered, That the said Mr. Wright shall be brought before this House, as a Delinquent, to answer his said Contempt to this House.
Hughes's Petition, for 110l. per Ann. in Lieu of the Rectory of West Bourn, resined by him to the Sussex Committee.
Upon reading the Petition of Lewes Hughes Minister; shewing, "That the Rectory of Westbourne, in the County of Sussex, being sequestered from Doctor Swaile, by the Committee for plundered Ministers, was conferred upon him, whereupon he took Possession, and preached there; and finding the Congregation to be very great, having Five Villages belonging to it besides the Town, he did therefore offer to the Committee of Sequestration sitting at Chichester, That, if they would allow him a competent Maintenance during his, he would resign all unto them: Whereupon Mr. Cawley (One of the Committees) did promise that the Petitioner should have One Hundred and Ten Pounds per Annum truly paid him, if he would give it under his Hand; which he did. Then Mr. William Prinne did obtain it for his Brother, by informing this House that it was void; and that the First Fruits and Tithes that thence should accrue to the Estate were lost, and other Duties undischarged; the Petitioner having paid, in Taxes, Duties, and Reparation, One Hundred and Fourteen Pounds."
It is Ordered, That this Petition be shewed to the Committee for Sussex, who are to pay to the Petitioner the said One Hundred and Ten Pounds per Annum, or else to shew Cause to this House to the contrary.
E. of Northumb. to export Horses.
Ordered, That the Earl of Northumb. shall have Leave to transport out of this Kingdom, into France, Four Horses, which his Lordship intends to be by Way of Exchange for Two Barbary Horses; and the said Horses to be Custom and Impost-free.
Instructions to the Commissioners, for presenting the Propositions.
The Instructions to be given to the Earl of Pembrooke, &c. to present the Propositions to the King, were read the Second Time.
Answer from the H. C.
Sir Edward Leech and Doctor Aylett return with this Answer from the House of Commons:
That they will give a present Conference, as is desired.
Account of Delinquents who have compounded at Goldsmiths Hall.
Ordered, That the Members of this House that are Commissioners at Gouldsmithes Hall shall give an Account to this House, with all convenient Speed, the Names of such Delinquents as have compounded at Gouldsmithes Hall, and are concerned in the Propositions for Peace.
The House was adjourned during Pleasure; and the Lords went to the Conference with the House of Commons; which being ended, the House was resumed.
Message to the H C. that the Lords will sit P. M.
A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:
To let them know, that this House intends to sit this Afternoon, at Two of the Clock.
Ordinance for a Proportion of Arrears to be paid to Scots Officers.
"Forasmuch as it doth not appear, nor is charged upon the Accompts of these Officers, what Free Quarter or Monies these Officers have levied and taken of the Country, nor what Horse or Arms they have received from the State, or taken of the Country: It is Ordered, by the Lords and Commons in Parliament assembled, That the Third Part of the Sum of Seventeen Thousand One Hundred Twenty Pounds, Fourteen Shillings, and Four Pence Halfpenny, amounting to Five Thousand Seven Hundred Six Pounds, Eighteen Shillings, and One Penny Half-penny, be paid to such of the said Officers, proportionably to their Arrears, as shall accept their proportionable Parts thereof, in full Discharge of all Demands whatsoever, demandable by the said Officers, or any of them, from this Kingdom, upon their respective Entertainments in these Wars; and shall, in Pursuance thereof, give to the Committee of Petitions where Mr. John Goodwyn has the Chair, from whence this List was reported, such full Discharges as shall be by them thought fit: It is further Ordered, That the said Third Part of the aforesaid Sum of Seventeen Thousand One Hundred and Twenty Pounds, Fourteen Shillings, and Four Pence Half-penny, amounting to Five Thousand Seven Hundred and Six Pounds, Eighteen Shillings, and One Penny Halfpenny, so disposed as aforesaid be charged upon the Receipts at Gouldsmiths Hall, in Course, and paid by the Treasurers there to the said Committee for Petitions, or such as they shall appoint to receive the same, and be distributed by the said Committee of Petitions to the said Officers, according as is before directed, in Proportion to their respective Arrears."
"A Second List of the Names and Demands of several Scottish Officers, whose Accompts are estated by Order of the Committee of the House of Commons for Petitions, in Pursuance of an Order of the Honourable House of Commons, of the Day of
Auditor's Certificate concerning them.
"3 Febr. 1646.
"According to the Order of the Honourable the Committee of the House of Commons for Petitions, I have examined this List; and do find the particular Sums therein contained to agree with the Sums resting, if allowed, and respited upon the State of the several Accompts respectively; and the Totals thereof to amount unto the several Sums above expressed.
"Hen. Broade, Auditor."
Names of Officers from N. Wales, sent by Col. Mitton, for the Service of Ireland.
"The Names of the Commanders and Officers of the Regiments to be sent out of North Wales, for the Service of Ireland.
"An Ordinance for the Visitation and Reformation of the University of Oxford, and the several Colleges and Halls therein.
Ordinance for regulating Oxford University.
"For the better Regulating and Reformation of the University of Oxford, and the several Colleges and Halls in the same, and for the due Correction of Offences, Abuses, and Disorders, especially of late Time, committed there: Be it Ordained, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That Sir Nathaniell Brent, Master Edward Corbett, Master John Pulixton of The Middle Temple, Master Henry Wilkinson, Mr. William Prynne of Lincolnes Inne, Master William Typinge, Sir William Cobb, Master George Greenwood, Doctor John Wilkinson, Mr. Edward Reynolds, Master Robert Harris, Mr. Francis Cheynell, Master John Packer, Master John Wilkinson, Master John Mills, [ (fn. 3) Master Christopher] Rogers, Mr. William Cope, Master Bartholomew Hall of The Middle Temple, Master Thomas Knight of Lincolnes Inne, Master John Heling of Grayes Inne, William Draper, Gabriell Becke of Lincolnes Inne, John Cartwright and Samuell Dunch Esquires, shall be, and they and every of them are hereby appointed to be, Visitors of the said University, and of all and every the said Colleges and Halls, and of all and every the Masters, Scholars, Fellows, Members, and Officers, of the said University, and of the said Colleges and Halls, and every of them, respectively: And be it further Ordained, by the Authority aforesaid, That the said Visitors, or any Five of them, may and shall visit the said University, Colleges, Halls, Masters, Scholars, Fellows, Members, and Officers, and enquire of, and hear and determine, all and every Crimes, Offences, Abuses, Disorders, and all other Matters whatsoever, which by the Laws and Statutes of this Realm, or by the Customs or Statutes rightly established of the said University, or by the several Statutes of the said Colleges or Halls, or any of them respectively, may lawfully be enquired of, and heard and determined, in the Course and Way of Visitation of the said University, or of the said Colleges, Halls, Masters, Scholars, Fellows, Members, and Officers, or of any of them respectively; and that they may and shall therein proceed to all Intents and Purposes as, and according as, by the said Laws, Statutes, and Customs, or by any of them, any other Visitors, by any Authority whatsoever appointed, might proceed respectively: And be it also further Ordained, by the Authority aforesaid, That the said Visitors, or any Five of them, may enquire by Oath, vivâ voce, to be taken before them respectively, of and concerning all the Masters, Fellows, and Officers, of the respective Foundations of all and every the said Halls and Colleges, and of all and every the Officers belonging to them, or to the said University, concerning those that neglect to take the solemn League and Covenant, and the Negative Oath, being tendered to them by such as are authorized thereunto by Parliament, and likewise concerning those that oppose the Execution of the Ordinances of Parliament concerning the Discipline and Directory, or shall not promote and cause the same to be put in Execution, according to their several Places and Callings, and likewise concerning those that shall teach or write against any Point of Doctrine, the Ignorance whereof, doth exclude from the Sacrament of the Lord's Supper: And be it also further Ordained, by the Authority aforesaid, That the said Visitors, or any Five of them, may and shall enquire upon Oath, vivâ voce, to be taken before them respectively, of all and every the Masters, Scholars, Fellows, and Officers, of the respective Foundations, of and concerning all and every the Officers belonging to any of them, or to the said University, that have taken up or been in Arms against the Parliament, or against any Forces raised by Authority thereof, or that have been active in assisting or encouraging the Forces raised against the Parliament; and may and shall call all and every such Person and Witnesses concerning the same before them respectively; and the same Witnesses, and any Witness or Witnesses to be produced by the Party accused of, or charged with, any such Offences, put to their Oaths, vivâ voce, concerning the Premiles; and that they, or any Five of them, shall from Time to Time certify to the Committee of Lords and Commons hereafter in this Ordinance appointed, what Masters, Scholars, Fellows, Members, or Officers, as aforesaid, they find to have committed any of the said Offences, and in what Manner, and the especial Quality and Condition of the Offenders, that so such further Proceedings may be thereupon had as to the said Committee of Lords and Commons shall be thought meet: And be it Ordained, by the Authority aforesaid, That the said Visitors shall have Power, and are hereby authorized, to examine and consider of all such Oaths as are enjoined by the Statutes of the said University, or of all or any of the respective Colleges and Halls in them, as are not fit to be taken, and to present their Opinions concerning the same to the Committee of Lords and Commons in this Ordinance named, to the End that such Course may be therein taken as may be agreeable to the intended Reformation of the said University: Provided always, and it is further Ordained, That if any of the said Masters, Scholars, Fellows, Members, or Officers, shall find themselves grieved in or upon any Sentence definitive given by the said Visitors, or any of them; as aforesaid, that then it shall and may be lawful to and for the Party so grieved, summarily, be representing his Case, to appeal and seek Remedy and Redress thereupon, before the said Committee of Lords and Commons, who are hereby authorized finally to hear and determine every such Case so brought to them by Appeal, according as to Justice shall appertain: And it is further Ordained, by the Authority aforesaid, That Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Phillip Earl of Pembrooke and Mountgomery, Theophilus Earl of Lincolne, Charles Earl of Nottingham, James Earl of Suffolke, Wm. Earl of Salisbury, Robert Earl of Warwick, Bazill Earl of Denbigh, James Earl of Middlesex, Edward Earl of Manchester, Edmund Earl of Mulgrave, Henry Earl of Stamford, Walter Lord Viscount Hereford, William Lord Viscount Say & Scale, Charles Lord De La Warr, George Lord Berkley, Phillip Lord Wharton, Francis Lord Willoughby, Dudly Lord North, John Lord Hunsdon, William Lord Gray of Warke, John Lord Robertes, Edward Lord Howard of Escr. Thomas Lord Bruce, Members of the House of Peers; and Sir Christopher Yelverton, Sir John Danvers, Mr. John Selden, Mr. West, Mr. Francis Rous, Mr. John Crew, Sir William Lewes, Mr. Bulstrode Whitlock, Sir Thomas Witherington, Mr. Edward Poole, Sir Peter Wentworth, Colonel Leigh, Mr. Nathaniell Fiennes, Mr. Walter Long, Sir Phillip Stapleton, Mr. William Wheeler, Mr. Swinfen, Mr. Samuell Browne, Mr. Nicholas Love, Sir William Brereton, Thomas Lord Wenman, James Fiennes Esquire, William Lenthall Esquire Speaker of the House of Commons, Denzell Holles Esquire, and Sir Robert Harley Knight of the Bath, Humphry Sallaway Esquire, Mr. Lisle, Mr. John Lenthall, Sir Gilbers Gerrard, Mr. Scott, Sir Thomas Wroth, Mr. Doyly, Mr. Prideaux, Mr. Tate, Mr. Bond, Mr. Ashurst, Mr. Bulckley, Mr. Kirle, Mr. Recorder, Mr. Martin, Sir John Burgoyne, Sir Thomas Dacres, Mr. Nicoll, Sir John Maynard, Mr. Gourdon, Mr. Grim ston, Doctor Bond, Mr. Morley, Mr. Greene, Mr. Reynolds, Mr. Grove, and Mr. Knightly, Members of the House of Commons; and every Five of them; shall be, and are hereby authorized to be, a Standing Committee, and to sit at such Time and Place as they respectively shall appoint, to receive, upon Appeal as aforesaid, such Matters as shall be so brought and represented to them, and thereupon summarily to proceed, according as the Justice of the Case requires; and also to receive such Matters as shall be as aforesaid certified to them, and thereupon to proceed and determine according as they shall find the Quality and Condition of the Cases and Persons so certified to them respectively: Provided also, That nothing contained in this Ordinance shall take away the Right and Authority of the Chancellor for the Time being."
House adjourned till 2a post Meridiem.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Message from the H. C. for a Conference about borrowing 200,000l. of the City.
A Message was brought from the House of Commons, by Sir Henry Mildmay Knight:
To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Matter of the last Conference, concerning the Security for the Loan of Two Hundred Thousand Pounds.
Ordered, To give a present Conference, as is desired.
The Answer returned was:
That this House appoints a present Conference, in the Painted Chamber, upon the Subject-matter as is desired.
A Presentation of the Lady Brooke.
(Here enter it.)
Justice Godbold an Assistant;
Ordered, That Mr. Justice Godbold shall have a Writ of Assistance, to attend this House forthwith; and the Clerk of the Crown to issue it.
and to be a Commissioner in Chancery.
Ordered, That Mr. Justice Godbold be put into the Commission for hearing and determining Causes in Chancery, until Ten Days next after Easter Term next ensuing; and this shall be a sufficient Warrant for the same; and that the Concurrence of the House of Commons be desired herein.
The Presentation of Battell to the Vicarage of Toulshent, &c. (Here enter it.)
Moyle to be bailed.
Ordered, That William Moyle shall be bailed, to appear before this House when he shall be summoned thereunto.
Ordinance to pardon Borras.
An Ordinance was this Day brought in, for pardoning of John Borras; and was read Thrice, and Agreed to.
Message from the H. C. with an Order and Ordinance.
A Message was brought from the House of Commons, by Sir Gilbert Gerrard, &c.
1. To desire Concurrence in an Order for putting Mr. Justice Godbold into the Commission for hearing of Causes in the Chancery. (Here enter it.)
Read, and Agreed to.
2. To desire Concurrence in an Ordinance for taking off the Sequestration of Somaster Fox.
Read Once, and respited.
The Answer returned was:
That this House agrees to the Order concerning Justice Godbold: To that concerning Somaster Fox, their Lordships will take the same into Consideration, and send an Answer by Messengers of their own.
Col. Hume's Petition.
The Petition of Colonel Hume's, was read; and Ordered to be recommended to the House of Commons.
Morrice to be instituted to Kennel worth.
Upon reading the Petition of William Morrice Clerk, and Vicar of Kennelworth: It is Ordered, That the Committee of Warwicksheir and for Coventry shall obey the Order of this House, for the Institution, &c. of him to the Vicarage of Kennelworth; or else to shew Cause to this House to the contrary within Ten Days after this Order shall be served upon them.
Petitions of the Grand Juries of Devon and Somerset.
The Petition and Presentment of the Grand Jury for the County of Devon, was read. (Here enter it.)
The like for the County of Som'sett, was read.
(Here enter it.)
Report of the Conference about borrowing 200,000l. of the City.
The House was adjourned during Pleasure; and the Lords went to the Conference with the House of Commons.
The Conference being ended, the House was resumed.
And the Speaker reported the Effect of this Conference: "That concerning the Vote to which their Lordships adhered, for the appointing the Compositions at Gouldsmiths Hall; the House of Commons do not agree to it, because they hold it necessary that the Parliament should reserve a Stock for Supply of Money.
"And to the Vote concerning the Lands and Estates of Papists in Arms; they agree to it, with the leaving out the last Clause, to which they desire their Lordships (fn. 4) Concurrence therein."
Ordered, That this House agrees to the leaving out the Clause.
Ordered, That this House agrees in leaving out the adding of Gouldsmiths Hall. (Here enter them.)
The House was adjourned during Pleasure; and the Lords went to let the House of Commons know, that this House agrees with them in the Matter of this Conference.
The Lords returning, the House was resumed.
Message to the H. C. for Committees to go into the City about this Business; and for a Common Council to be called.
Ordered, That the Members of this House that are of the Committee as was appointed to go to the City, about the borrowing of the Two Hundred Thousand Pounds, do go on Monday next, in the Afternoon, to the Common Council; and to send to the Lord Mayor, to call a Common Council against Monday next, in the Afternoon, at Three of the Clock; and to send to the House of Commons, for to desire them that the Members of their House that are of that Committee may have the like Power.
To which Purpose, a Message was sent to the House of Commons presently, by Sir Edward Leech and Doctor Aylett; and to let them know, that this House intends to adjourn to Tuesday Morning next.
Ordinance to prevent Committees bestowing Places.
The Ordinance that no Committee shall have Power to bestow Places of Trust upon Persons that have deserted the Parliament, was reported from the Committee, and read the Third Time, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence.
Ordinance to prevent Sequestrations on Misinformations.
An Ordinance was this Day brought in, and read, for preventing the Inconveniencies of sequestering Persons upon Misinformation; and, being read Twice, committed:
Any Three, to meet on Tuesday Morning, at Nine of the Clock.
Order for Justice Godbold to be a Commissioner for hearing Causes in Chancery.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That John Godbold Esquire, One of the Justices of the Court of Common Pleas, be added to the Commissioners for hearing and determining Causes in Chancery; and that he be One of the Quorum named in that Commission; and that the Commissioners of the Great Seal are hereby authorized and required to seal the Commission, with the Addition of the Name of Mr. Justice Godbold, accordingly."
Petition from the Grand Jury of Devonshire, with the following Presentments.
"To the Right Honourable the Lords assembled in Parliament at Westm'r.
"The humble Petition of the Grand Inquest, the Representative Body of the County of Devon;
"That they have Hearts and Hands ready to witness their Thankfulness for the infinite Benefits God by you hath conferred on this miserable afflicted County, though they want Means sufficiently to express it. We could, as others, cry to you for the settling of Church Government, and the Maintenance of Ministers; we have the same Resentment, and the same Wants: But we, knowing this to be your First and principal Care, shall patiently expect the Effect in Season. We could insist on Particulars, and lay open to your Honours View the sad Condition of our distressed County; but the Representation thereof we humbly refer to these annexed Presentments, their Consideration to your Honours singular Wisdom, and the Redress to your wonted Justice; casting ourselves at your Honours Feet, humbly craving Pardon for our Presumption, who shall ever pray, &c."
Their Presentments, complaining of the Sacrament not being administered; of the Burden of the Excise; Violences of Soldiers; Multitude of Alehouses; Abuses of Sequestrations, &c.
"Devon. ff. April. 2, 1647.
"To the Right Honourable His Majesty's Judges and Justices of Assize and Gaol Delivery for the County aforesaid.
"The Presentment of the Grand Inquest, the Representative Body of the said County.
"Imprimis, we present, The Neglect of the Administration of the Lord's Supper, and the Want of able Ministers in the several Parishes, as a great Grievance.
"Item, We present, That the Excise laid on the Poor of this County is a great Grievance, desiring the same may be regulated by the Justices of the Peace and Gentlemen of this County; we knowing that divers Places of this County are infected with contagious Sickness, to which Places our County doth afford great Sums, to the relieving of infected Persons.
"Item, We present, That divers Abuses and Wrongs done by the Soldiers now in this County intended for Ireland, and taking Free Quarters without Order, and exacting great Sums of Money on the Inhabitants of our County, to be a great Grievance.
"Item, We present, The lamentable and miserable Estates of divers distressed Widows and Orphans, whose Fathers and Husbands have been slain in the Parliament's Service to our Knowledge, and no Commiseration taken for their Relief, to be a great Grievance.
"Item, We present, That the County Troops now attending the Committee of this County, for Want of Pay, do take up Free Quarters, which is to us a great Grievance, notwithstanding all Payments of this County, out of which we desire Allowance for the said Quarters.
"Item, We present, The Multitude of Alehouses is a Grievance; desiring the Justices of the Peace of this County to execute the penal Laws of this Kingdom on them that shall offend; and that they be sparing in binding Alehouse-keepers hereafter, and punish unlicensed Alehouses according to the Laws of the Realm, and bind none without Certificate of the most able and discreet Men of each Parish.
"Item, We present, That several Persons, pretending themselves to be Sequestrators, under Colour of Authority derived from the Committee of this County, have possessed themselves of the Goods and Chattels of several Inhabitants of this County, upon Malignity; and either have converted the same unto their own Use, or have sold the same one to another, or to their Friends and Allies, undervalued; by Means whereof, not only the Estate, but the said Inhabitants, are much wronged; of which we desire a true and just Accompt may be made, not only to the Committee, but to such other just and honest Men of this County as the Right Honourable House of Parliament shall think meet: And we desire a Redress may be had of these our Grievances.
"Item, We desire, That those which are presented and indicted for their Fidelity and Service to the Parliament may be acquitted of all Presentments and Indictments, which is a great Grievance.
"Item, We desire, That those who have adhered and stood firm to the Parliament, being outed and plundered of their Estates, are now miserably impoverished, indebted, and distressed, not able to pay their Debts; that the Honourable House of Parliament would be pleased to commiserate their Estates, that they may pay no Interest for Four Years last past; which we recommend as a Grievance, if they should pay Interest.
"Item, We present, The Want of Order for Probate of Wills in our County to be a Grievance, and desire a speedy Course to be taken for Redress of the same.
Petition of the Grand Jury of Somerset, complaining of the Violences and Irregularities of the Soldiers in their County, going to Ireland.
"To the Right Honourable Henry Roles One of the Justices of His Majesty's Bench, and John Godbold Serjeant at Law, Justices of Assize for the Western Circuit.
"The humble Petition of the Grand Inquest, at the General Assizes held at Taunton, for the County of Som'sett, on the 22th Day of March, 1646;
"That the whole Body of the said County hath of late been very grievously oppressed, by the Free Quartering and unruly Behaviour of many Regiments and loose Troops of Soldiers, bound or pretending themselves for Ireland; all which they have, for the Space of now this Half Year and upwards, quietly submitted unto (notwithstanding the great Prices of all Provision amongst us), out of their Affection to the Parliament, and Desire to promote the necessitated Supply of that Kingdom; until now, finding not only the Misery continued, and still like to continue, but also daily increased, by the growing Insolencies of the more and more hardened Soldier in all Kind of Cruelty, so that the grieved Inhabitants thereof know not what present Course to take, either to enjoy their Houses and Goods, or to bring those which abuse them, the Laws of this Kingdom, and Ordinances of this present Parliament, to their Trial and deserved Punishment, unless there be a speedy Dispatch of them into Ireland, or present Order taken for the regulating of them, either by the Posse Comitatus, or some other lawful Way which may be thought fit; and the rather, for that there is now a very great Regiment of Foot, and One Troop of Horse, calling themselves Colonel Townsend's Men, which pass up and down the County, and Free Quarter at their Pleasure upon us, until they can have Money given them, so thick and so many in a House, that there is no Mastering or Ordering them, abusing Men in so great and high a Nature, as worse was not practised by the Enemies of the State when they were at their highest; and we are fully persuaded (by their frequent Oaths, cursing of Roundheads, and their other Misdemeanors and Plunderings, and abusing the ordinary Officers of Justice), that the greatest Part of them are of that Number; and since that Army was disbanded, have been often listed under Commanders for Ireland; but when they are to depart the Kingdom, they run away from their Officers, and list themselves under others, that so they may still live abusing this Country, until they have utterly ruined the Parliament Party amongst us: All which we do presume to offer to your Lordships the rather, that we may prevent the tumultuous Meetings, and the Risings of the Country in Arms, which we must fear may otherwise by this Means be occasioned: And do further humbly desire your Lordships to promote (fn. 5) these our Grievances to the Honourable Houses of Lords and Commons, that so a speedy Consideration may be taken thereof; and we, with the rest of our grieved Neighbours and Friends, as we are bound, shall for ever pray for the Increase of your Lordship's Honour, &c.
Votes for borrowing 200,000l. of the City.
"1. Resolved, by the Lords and Commons assembled in Parliament,
"That, for the speedy advancing of the Two Hundred Thousand Pounds propounded to be borrowed, the Lenders, as well Citizens as others, of the said Two Hundred Thousand Pounds, shall be secured a like Sum more, as was lately done unto those who advanced the Two Hundred Thousand Pounds for our Brethren of Scotland.
"2. Resolved, &c.
"That all such Sums of Money, lent upon the Ordinance of 18 Augusti, 1643, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy raising of Monies, within the City of London and Liberties thereof, for the Relief and Maintenance of the Armies raised, and to be raised, for the necessary Defence of the City and Liberties aforesaid," raised according to the Proportions of Fifty Subsidies, and all other Sums of Money lent upon the Expedition into Kent, upon the Commotion there, for which the City Seal stands yet engaged, together with the Interest arising upon both those Loans since the advancing thereof, shall be admitted to be secured upon the Proposition of advancing of this Two Hundred Thousand Pounds; and in like Manner, all Monies, Plate, or Horses, with their Furniture and Arms, advanced upon the Public Faith or Propositions, and all Monies advanced towards the Loan of Thirty Thousand Pounds in or about November, 1642, and of Forty Thousand Pounds in or about April, 1643, and of Twentythree Thousand Pounds in and about May, 1643, not already re-paid, together with Interest upon the same, the which said several Sums were advanced upon the pressing (fn. 6) Necessities of England and Ireland, and in like Manner all Monies lent towards the raising of the Fifty Thousand Pounds borrowed for the Service of Ireland, in or about November, 1641, with Interest due upon the same, and in like Manner all Monies lent in the Year 1641 (which are yet unpaid), upon the Security of the Act of Parliament for the speedy raising of Monies for disbanding the Armies, and settling the Peace of the Two Kingdoms of England and Scotland, with the Interest arising thereupon.
"3. Resolved, &c.
"That, for Security and Re-payment of the Two Hundred Thousand Pounds to be presently raised, and as much to be secured as aforesaid, and the future Interest after Eight per Cent. arising upon the Whole, the Remainder of the Proceed of the Bishops Lands, after they shall be clear of the present Engagements, shall be given as Security.
"4. Resolved, &c.
"That the Receipt of the Grand Excise, in Course, shall be likewise given as Security.
"5. Resolved, &c.
"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.
"6. Resolved, &c.
"That the Interest of this whole Sum of Four Hundred Thousand Pounds, or so much as from Time to Time shall be due upon such Principal as shall rest unsatisfied out of the Securities last before-named, be paid every Six Months, out of the Receipts of the Grand Excise, till Principal and Interest be fully discharged.
"7. Resolved, &c.
"That it may be lawful for any Person to assign his Right and Interest in any Sum or Sums of Money owing unto him upon the several Particulars before recited, or any of them, to any Person or Persons that will advance the like Sum in Manner as is before expressed.
"8. Resolved, &c.
"That a Committee of Citizens and others, being Adventurers for Ireland, may be chosen amongst themselves, whose Names are to be presented to both Houses; and that they may be heard, and those Things which they shall offer be considered of by such Committees of Parliament as shall be appointed for providing Necessaries for Ireland, to the End that it may be done to the best Advantage for the Service of that Kingdom."
Battell to be instituted to Toulshunt;
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 Ralph Battell Clerk, to the Vicarage of Touleshunt, in the County of Essex, salvo Jure cujuscunque; the said Mr. Battell taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Barnard Hoyle Gentleman, the Patron.
and Bayley to Frinkford.
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 Jo. Bayly Master of Arts, to the Rectory of Frinkford, in the County of Oxford, void by the Resignation of William Overton late Incumbent there, salvo Jure cujuscunque; the said Mr. Bayly taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of the Right Honourable Katherin Lady Brooke, Baroness of Beauchampscourt.
Adjourned, Tuesday Morning next.