Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Martis, 18 die Maii.
Colonel Fox's Accompt to be stated.
It is Ordered, That the Person that put him out of Possession shall shew Cause to this House (fn. 1) why it was done; and that the Committee for the County of Warwicke shall state the Accompt of Colonel Fox, and return the same to this House this Day Fortnight.
Corbet and Hunt.
Upon reading the Petition of Wm. Corbett Merchant: (Here enter it.) It is Ordered, That Richard Hunt shall have a Copy of this Business; and Counsel on both Sides shall be heard, at this Bar, on Thursday come Fortnight, at which Time the Merchants that made the Report in the Chancery concerning the Matters of Accompt shall be then present.
Chandler, an Anabaptist Preacher, to be sent up from Newport.
Sir A. Blundell & al. versus Loftus.
Letter from the Commissioners with the King.
King's Letter to be communicated to the H. C. and the Scots Commissioners.
Hounds to be exported for the French King.
Letter of Congratulation to be sent to the Archduke Leopold, on his Appointment to the Regency of Flanders.
"Resolved, That it be offered to the Consideration of both Houses of Parliament, that a Letter be sent, in their Name, to the said Archduke, to congratulate his Highness' Accession to the Regency of Flanders; with a Desire that the ancient and modern Treaties betwixt the Two Crowns may be preserved, for the better facilitating of mutual Trade and Commerce; as also that a fit Person be nominated for addressing of the said Letter to the said Archduke, with such Credence and Instructions, touching the Points afore-mentioned, as both Houses shall think meet."
Ordered, That it is referred to the Committee for the Admiralty, to prepare a Letter; and that Sir Peter Killegrew be appointed to carry the same; and the Concurrence of the House of Commons to be desired herein.
Alderman Fowkes and the E. I. Co.
Ordered, That the Commissioners of the Great Seal of England do vacate and make void in Chancery the Two Decrees made void by Judgement of this House, in the Cause between Alderman Fou lkes and the East India Company.
Symonds about Windsor Lodge.
Hall to be examined by the Assembly.
Additional Ordinance for Reformation of Oxford University.
L. Viscount Say & Sealc.
Committee for Examination about the forged Act of Parliament.
Ordered, That the Lord Viscount Say & Seale, the Lord Hunsdon, Lord Wharton, and the Lord Grey, are added to the Committee for examining of the Forgery of the Act of Parliament; and the Committee to meet this Afternoon.
Message from the H. C. with Ordinances, &c.
L. Dumferlin's Order.
H. C. to be reminded of Colonel Aldrich to go to Jersey.
Ordered, to send to the House of Commons, to put them in Mind of the Vote formerly sent down to them, for Colonel Alderich to go with Forces to regain the Isle of Jersey, which is in Danger to be lost.
Sir F. Slingsby's Petition.
Message to the H. C. with the King's Letter, and to communicate it to the Scots Commissioners;
1. To deliver the King's Letter to them; with a Desire of Concurrence, that the same may be communicated to the Scotts Commissioners, according to the Directions; and that the Original of the King's Letter may be returned to (fn. 2) the Clerk of this House, after it hath been communicated to the Scotts Commissioners.
and for Colonel Aldrich to go to Jersey.
Ordinance concerning a Troop raised by The Tower Hamlets.
Letter from the Commissioners with the King, with the following One from Him.
"When we sent Letters heretofore from the King to the Houses, we acquainted your Lordship that we held it our Duty not to hinder any Intercourse betwixt His Majesty and the Houses, and earnestly desired Directions upon the like Occasions for the future; but have therein heard nothing to this Present. We therefore thought it fit to send this Letter, which was delivered to us by His Majesty Yesterday about Eight or Nine of the Clock in the Evening: We have not seen the Particulars thereof; but do conceive, from what His Majesty told us, that it concerns the Propositions. We remain,
Letter from His Majesty, complaining of the Restrictions He is under;—containing Answers to Propositions;—desiring a Personal Treaty;—and that He will then order the Prince to return.
"As the Daily Expectation of the coming of the Propositions hath made His Majesty this long Time to forbear the giving of His Answer unto them; so the Appearance of their Sending being now no more, for any Thing He can hear, than it was at His first coming hither, notwithstanding that the Earl of Lautherdaill hath been at London above these Ten Days (whose not coming was said to be the only Stop), hath caused His Majesty thus to anticipate their coming to Him: And yet, considering His Condition; that His Servants are denied Access to Him, all but very few, and those by Appointment, not His own Election; and that it is a declared Crime for any but the Commissioners, or such who are particularly permitted by them, to converse with His Majesty; or that any Letters should be given to or received from Him; may He not truly say, That He is not in Case fit to make Concessions, or give Answers, since He is not Master of those ordinary Actions which are the undoubted Rights of every free-born Man, how mean soever his Birth be? And certainly He would still be silent as to this Subject, until His Condition were much mended (did He not prefer such a right Understanding betwixt Him and His Parliaments of both Kingdoms, which may make a firm and lasting Peace in all His Dominions, before any Particular of His own, or any Earthly Blessing): And therefore His Majesty hath diligently employed His utmost Endeavours (for divers Months past), so to inform His Understanding, and satisfy His Conscience, that He might be able to give such Answers to the Propositions as would be most agreeable to His Parliaments: But He ingenuously professes, that, notwithstanding all the Pains that He hath taken therein, the Nature of some of them appears such unto Him, that (without disclaiming that Reason which God hath given Him to judge by for the Good of Him and His People, and without putting the greatest Violence upon His own Conscience), He cannot give His Consent to all of them: Yet His Majesty (that it may appear to all the World how desirous He is to give full Satisfaction) hath thought fit hereby to express His Readiness to grant what He may, and His Willingness to receive from them, and that Personally if His Two Houses at Westm'r shall approve thereof, such further Information in the rest, as may best convince His Judgement, and satisfy those Doubts which are not yet clear to Him; desiring them also to consider, that, if His Majesty intended to wind Himself out of these Troubles by indirect Means, were it not most easy for Him now readily to consent to whatsoever hath or shall be proposed unto Him, and afterwards choose His Time to break all, alledging that forced Concessions are not to be kept: Surely He might, and not yet incur a hard Censure from any indifferent Men. But Maxims of this Kind are not the Guides of His Majesty's Actions; for He freely and clearly avows, that He holds it unlawful for any Man, and most base in a King, to recede from His Promises, for having been obtained by Force, or under Restraint.
"Wherefore His Majesty, not only rejecting those Arts which He esteems unworthy of Him, but even passing by that which He might well insist upon as Point of Honour, in respect of His present Condition, thus answers the First Proposition:
"That, upon His Majesty's coming to London, He will heartily join in all that shall concern the Honour of His Two Kingdoms, or the Assembly of States of Scotland, or of the Commissioners or Deputies of either Kingdoms, particularly in those Things which are desired in that Proposition; upon Confidence that all of them respectively with the same Tenderness will look upon those Things which concern His Majesty's Honour.
"In Answer to all the Propositions concerning Religion; His Majesty proposeth, That He will confirm the Presbyrerial Government, the Assembly of Divines at Westm'r and the Directory, for Three Years (being the Time set down by the Two Houses); so that His Majesty and His Household be not hindered from using that Form of God's Service which they have formerly; and also that a free Consultation and Debate be had with the Divines at Westm'r (Twenty of His Majesty's Nomination being added unto them), whereby it may be determined, by His Majesty and the Two Houses, how the Church shall be governed after the said Three Years, or sooner if Differences may be agreed.
"Touching the Covenant; His Majesty is not therein yet satisfied, and desires to respite His particular Answer thereunto until His coming to London; because, it being a Matter of Conscience, He cannot give a Resolution therein till He may be assisted with the Advice of some of His own Chaplains (which hath hitherto been denied Him), and such other Divines as shall be most proper to inform Him therein; and then He will make clearly appear, both His Zeal to the Protestant Profession, and the Union of these Two Kingdoms, which He conceives to be the main Drift of this Covenant.
"To the Tenth; His Majesty's Answer is, That He hath been always ready to prevent the Practices of Papists; and therefore is content to pass an Act of Parliament for that Purpose, and also that the Laws against them be duly executed.
"His Majesty will give His Consent to the Act for due Observation of the Lord's day, for the suppressing of Innovations, and those concerning the Preaching of God's Word, and touching Non-residence and Pluralities.
"And His Majesty will be willing to pass such Act or Acts as shall be requisite, to raise Monies for the Payment and Satisfying of all Public Debts; expecting also that His will be therein inconcluded.
"As to the Proposition touching the Militia; though His Majesty cannot consent unto it in Terminis as it is proposed (because thereby, He conceives, He wholly parts with the Power of the Sword, intrusted to Him by God and the Laws of the Land for the Protection and Government of His People, thereby at once divesting Himself, and disinheriting His Posterity, of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office, and so weakening Monarchy in this Kingdom that little more than the Name and Shadow of it will remain); yet, if it be only Security for the Preservation of the Peace of this Kingdom after these unhappy Troubles, and the due Performance of all the Agreements which are now to be concluded, which is desired (which His Majesty always understood to be the Case, and hopes that herein He is not mistaken), His Majesty will give abundant Satisfaction; to which End, He is willing to consent, by Act of Parliament, that the whole Power of the Militia, both by Sea and Land, for the Space of Ten Years, be in such Persons as the Two Houses shall nominate (giving them Power, during the said Term, to change the said Persons, and to substitute others in their Places at Pleasure), and afterwards to return to the proper Channel again, as it was in the Times of Queen Elizabeth and King James of Blessed Memory: And now His Majesty conjures his Two Houses of Parliament, as they are Englishmen and Lovers of Peace, by the Duty they owe to His Majesty their King, and by the Bowels of Compassion they have to their Fellow Subjects, that they will accept of this His Majesty's Offer, whereby the joyful News of Peace may be restored to this languishing Kingdom. His Majesty will grant the like to the Kingdom of Scotland, if it be desired; and He (fn. 3) will agree to all Things that are propounded touching the Conserving of Peace betwixt the Two Kingdoms.
"As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament, and the Qualifications, Modifications, and Branches, which follows in the Propositions; His Majesty only professes that He doth not sufficiently understand, nor is able to reconcile, many Things contained in them: But this He well knows, that a general Act of Oblivion is the best Bond of Peace; and that, after intestine Trouble, the Wisdom of this and other Kingdoms hath usually and happily, in all Ages, granted general Pardons, whereby the numerous Discontentments of many Persons and Families, otherwise exposed to Ruin, might not become Fuel to new Disorders, or Seeds of future Troubles: His Majesty therefore desires that His Two Houses of Parliament would seriously descend into these Considerations, and likewise tenderly look upon His Condition herein, and the perpetual Dishonour that must cleave to Him, if He should thus abandon so many Persons of Condition and Fortune, that have engaged themselves with and for Him, out of a Sense of Duty; and propounds, as a very acceptable Testimony of their Affection to Him, that a general Act of Oblivion and Free Pardon be forthwith passed, by Act of Parliament.
"Touching the New Great Seal; His Majesty is very willing to confirm both it, and all the Acts done by virtue thereof until this present Time; so that it be not thereby pressed to make void those Acts of His done by virtue of His Great Seal, which in Honour and Justice He is obliged to maintain; and that the future Government thereof may be in His Majesty, according to the due Course of Law.
"Concerning the Officers mentioned in the 17th Article; His Majesty, when He shall come to Westm'r, will gratify His Parliament all that possibly He may, without destroying the Relations which are necessary to the Crown.
"And now that His Majesty hath thus far endeavoured to comply with the Desires of His Two Houses of Parliament; to the End that this Agreement may be firm and lasting, without the least Face or Question of Restraint to blemish the same, His Majesty earnestly desires presently to be admitted to His Parliament at Westm'r, with that Honour which is due to their Sovereign, there solemnly to confirm the same, and legally to pass the Acts before mentioned; and to give and receive as well Satisfaction in all the remaining Particulars, as likewise such other Pledges of mutual Love, Trust, and Confidence, as shall most concern the Good and Prosperity of Him and His People: Upon which happy Agreement, His Majesty will dispatch His Directions to the Prince His Son, to return immediately to Him; and will undertake for his ready Obedience thereunto.
Order to secure 260 l. 16s. 6d. Arrears to Mr. Holles.
"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Holles shall have the Public Faith, and the Public Faith is hereby given to the said Mr. Holles, for the Sum of Two Hundred Sixty Pounds, Sixteen Shillings, and Six Pence, due unto him for Arrear of Pay, as appears by a Warrant for Payment of so much unto him out of the Treasury, then remaining in the Hands of Sir Gilbert Gerrard Baronet, Treasurer at Wars, bearing Date 2Februarii, 1642."
Earl of Dumferling to have Access to the King at Holdenby.
"Ordered, by the Lords and Commons in Parliament assembled, That the Earl of Dunferlinge shall have Access to His Majesty at Holdenby, according to the Agreement of both Houses with the Kingdom of Scotland, signified in a Letter dated the 27th of January last; but not to attend His Majesty as a Servant."
Ordinance to secure the Repayment of Monies advanced, for Support of a Troop of Horse, raised by The Tower Hamlets.
"Whereas, by an Ordinance of Parliament, bearing Date the 20th of July, 1643, for the raising of a Body of Horse, for the Safety of the Kingdom, to be under the Command of the Right Honourable Edward Earl of Manchester, and for the raising likewise of a Month's Pay for the said Body of Horse; which Horse, so raised in the several Counties in that Ordinance mentioned, were to be delivered to such Persons as are in the said Ordinance specified, who were to return in Writing, under his or their Hand, a perfect List of the Number of Horse and Arms they received of the several Counties, for the which Horse and Arms the several Counties and Persons who furnish them shall have the Public Faith for Re-payment and Satisfaction; and forasmuch as the Committee of the Hamlets of The Tower have, by virtue of the said Ordinance, raised, within the Hamlets of The Tower, One compleat Troop of Horse, consisting of Sixty-five Horse, with compleat Arms, together with a full Month's Pay, for the Service before expressed; which Troop, when they were so raised, was, by an Order of both Houses of Parliament, bearing Date the 28th of November, 1643, diverted from the Earl of Manchester, and assigned and sent unto his Excellency Robert Earl of Essex the Lord General that then was, and were in actual Service with him, under the Command of Captain William Rainesborough, and are now in actual Service under the Command of his Excellency Sir Thomas Fairefax; by which Means, as also by reason that the said Horse and Arms, together with the Month's Pay, were raised of very many Persons by Assessment of several Sums of Money, and no Provision made for the several Persons who hath disbursed such several Sums to receive Tickets, whereby they may require Satisfaction upon the Public Faith, according to the true Intention of the former Ordinance:
"The Lords and Commons, taking the same into their Consideration, and not willing but that such as have contributed to so good a Service should receive all just Satisfaction and Security, do hereby Declare and Ordain, and be it hereby Declared and Ordained, That Thomas Marsh, William Mellish, and Thomas Hubbert, Esquires, Three of the Members of the Committee of the Hamlets of The Tower, or any Two of them, shall and may give, to all and every such Person and Persons as have contributed any Money, Horse, or Arms, for the Raising of the said Troop of Horse, by virtue of the aforementioned Ordinance, Receipts under their Hands, of all such Sums of Money as have been received for that Use, as also for such Sums of Money as the Horse or Arms so received have been valued at by the said Committee; which Receipts, under the Hands of the said Thomas Marsh, Wm. Mellish, and Thomas Hubbert, or any Two of them, shall be a sufficient Warrant for every such Person to require and receive Satisfaction for the same, upon the Public Faith."
Letter from Newport, that Chandler, an Anabaptist Preacher is in the Isle of Wight disturbing the Public Peace.
"Whereas we have received a Declaration of the Right Honourable the Commons assembled in Parliament, dated the 31th of December 1646, against all such Persons as take upon them to preach or expound the Scriptures except they be ordained, mentioning likewise an Ordinance of both the Honourable Houses, dated the 26th of April, 1645, concerning the same; and requiring all Justices of the Peace, Sheriffs, Mayors, and other head Officers of Corporations, to apprehend the Offenders, and give Notice hereof to that House, that thereupon Course may be speedily taken for a due Punishment to be inflicted on them: We most thankfully acknowledging your Honour's great Affection and Care for the good and Peace of this Island, the Safety of which hath and may so much concern the Good of the whole Kingdom, especially of all the Western Parts, to which how serviceable it hath been to the Parliament your Lordship well knows; we make bold to certify, That one John Chandler, a Preacher of the Anabaptists, came into this Island, with Two Disciples, upon Thursday last, preaching, and seeking to persuade the People, that the Ministers of England are not true Ministers of Christ, but of Antichrist; that our Churches and Congregations are not Christian, but Antichristian; that he doth not believe the People of England worship Christ in their Meeting-places which we commonly call Churches; that he is sent by the Spirit to preach and baptize Believers; and that he hath his Call from God, and not Man; with divers other Errors; so that, by him and such like, our Peace is in great Danger to be much troubled, and the Work of Reformation much hindered.
"This Chandler was in this Island about Three Quarters of a Year since, and was, in the Presence of Colonel Carne, by Mr. Dillington, bound over to the Assizes at Winchester, and commanded not to return hither to disturb the Peace of the Island; and now, being apprehended again, we have examined him, with the Assistance of Sir Robert Dillington and other Justices, and have here inclosed a true Copy of his Confession, as also a Letter to the Honourable Mr. Speaker of the House of Commons, according to the Order; humbly desiring your Lordship's Furtherance, that our Letter may be speedily delivered and read, that we may receive Direction how he shall be disposed, he refusing to appear without Compulsion; and that some Order may be taken, that he and others may not go on to disturb the Peace of this Island; that our Reverend Ministers, for whom we give your Honour humble Thanks, may continue chearfully with us, the Government settled, and the Peace and Safety of this Island preserved. And we shall ever rest
"That, on Thursday last, he came into this Isle of Wight, from Lymington; and confesseth, that he was in this Island about Three Quarters of a Year ago, and was before Colonel Thomas Carne Deputy Governor of the Island, and Robert Dillington Esquire One of His Majesty's Justices of the Peace of this County; and that Mr. Dillington bound him over to the Assizes: And he saith, That he was landed at The Cowes on Thursday last, in the Company of one Barthol'mew Bulkley and one Markes Dewy, and came into this Island to visit some Friends, being moved thereunto, and to keep the Covenant, to endeavour Reformation according to the Word of God, in Preaching, and Baptizing of Believers; and to hold forth Faith to those that had not Faith; and to bring those that are Believers out of a false Worship into a true; and that he had no Power from Man so to do, but from God, who hath all Power in Heaven and Earth. And he saith, That, the same Thursday he came into the Island, he preached at Carisbrooke, in the House of the Widow Beckington, before Sun-set and after: And saith, That the Mover of him to come into this Island was only the Spirit of God; and that he cannot think that the Ministers of the Church of England are the true Ministers of Jesus Christ. Being asked, "When he was in any Public Places where People of the Land usually meet to worship, commonly called The Church?" He said, "He had not been at any such Place called The Church this Two Years." And saith, "If he did think the People of the Land, in the common Place where they worship, did worship Jesus Christ, he then did greatly sin to separate." Being asked, "Of what Calling he is?" He saith, "He is a Minister of Jesus Christ, to preach and to baptize."
Bulkley's Examination, One of his Disciples;
"That he came into the Island, to accompany John Chandler, and to see Widow Beckington and some other Friends; and that he was with him about Three Quarters of a Year ago in the Island, and was bound for his Appearance at the Assizes: And saith, That he is a Disciple of Christ."
Corbet versus Hunt.
"That, Differences arising between your Petitioner and one Richard Hunt, concerning Merchants Accompts, Cross Bills concerning the same were exhibited by them in Chancery, which came to Hearing 15 Junii last. Upon the entering into the Hearing whereof, the same were referred, without your Petitioner's Assent, to Five Merchants, or any Two or more of them, to ascertain the said Accompt; and if they should find any Money to be due to either Party upon the Accompt, they were to consider of Damages for the same, stating the Point of Damages by itself.
"5 Nov. 22 Caroli, Four of the Referees certified One Thousand Fifty-eight Pounds Eight Shillings Debt to be due from your Petitioner to Hunt, and Six Hundred and Fifty-four Pounds Damages: But, upon a Second and better Consideration, the Matter being referred back again unto them, they abated Four Hundred Twenty-eight Pounds, Five Shillings, and Ten Pence, of the Money contained in the First Certificate, though nothing near of what in Right ought to have been abated; and thereupon the Court made a Reference to them, 11 Februarii last; and to certify the Particulars of the Accompt by the then next Third Seal, to the End that, according to Justice, your Petitioner might have Liberty to except against any Particular, and the Court give Judgement therein according to Right. But, 11 Martii, before any particular Accompt certified, the Court ordered, That, unless your Petitioner procured the Referees to alter the Certificate by the 25th of March after, then the same Certificate to be decreed without further Motion: That, 25 Martii, the same Four Referees returned their Third Certificate in general Terms, That they found no Cause to alter their Second Certificate, without mentioning any Particulars of the Accompt; which the same Day, without further Order, was decreed, and signed and enrolled within a few Days, and your Petitioner pressed to a Performance thereof; so as your Petitioner is, by a Decree of the Court of Chancery, to pay the said Hunt the Sum of One Thousand Two Hundred Eighty-four Pounds, Two Shillings, and Two Pence, and not any one of the Judges of the same Court able to say, by any Thing appearing before them, how One Penny of that Money is due, save only by the Information of Four Merchants unsworn, whom your Petitioner never consented to be his Judges in the Cause.
"Now, in regard this Course of Proceedings is of extreme Prejudice to your Petitioner in this particular Case, and dangerous in the Consequence to all others of like Nature, and not only contrary to the due Course of that Court, but to all Rules of Justice, for sworn Judges, without the Assent of Parties, to transfer the Judgement of Causes before them to Men unsworn, and, upon an implicit Belief of their Proceedings, without any Understanding of the Cause themselves, to judge Things in Gross, and leave the Party grieved without all Possibility to take his just Exceptions, and have their Judgement upon it; and for that, by the Rules of that Court, the Petitioner cannot be admitted to his Bill of Review, for Reversal of that erroneous Decree, unless he first pay the Money decreed, which will tend to your Petitioner's Undoing, and disable him to prosecute for Relief; he humbly appeals to your Lordships, for Justice and Right in the Premises; and that you will be pleased to stay the Proceedings upon the said unjust and erroneous Decree.
Ordinance for the University of Cambridge to enjoy their Privileges.
"Whereas, upon reading of the Petition of Heads of Colleges in the University of Cambridge, it was ordered, on the 5th of August, 1645, by the Lords assembled in Parliament, That the said University of Cambridge should continue in the Possession of the Liberties and Privileges they formerly used and enjoyed, by former Grants and Estates, before these Troubles; and that the Committee of the Association sitting at Cambridge be desired to take Notice, that the said University may, in Pursuance of the said Order, be kept in Possession of their Privileges, until the Right be determined by the Houses of Parliament; and whereas the said Committee of Association is now dissolved, and the University Privileges since that have been divers Ways infringed:
"It is thereupon Ordered, by the Lords in Parliament assembled, for the better preserving of Peace and Quietness betwixt both Corporations, That the Mayor of Cambridge and his Successors, and his several Officers, shall from Time to Time, and all Times hereafter, suffer the University of Cambridge quietly and peaceably to use and to enjoy all such Liberties and Privileges as to them belong, by Grant, Charter, Composition, or otherwise, whereof they were possessed at the Beginning of this Parliament, until further Order be taken by this House: In the mean Time, all whom it doth or may concern are hereby required to observe this Order, as they will answer the contrary thereof to this House."
Eve to be instituted to Linstead;
Ordered, &c. That Dr. Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Henry Eve Clerk, Master of Arts, to the Vicarage of Linstead, in Com. Kent; granted under the Great Seal.
and Robinson to Aistrop.
Ordered, &c. That Dr. Heath shall give Institution unto John Robinson Clerk, Master of Arts, to the Rectory and Parish Church of Aistropp, in Com. Lincolne, void by the Cession of Samuell Smith Clerk, late Rector and Incumbent there; Wm. Amcotts Esquire Patron.