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 Jovis, 26 die Augusti.
PRAYERS, by Mr. Younge.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. La Warr.
Message from the H. C. with Orders; and for the Members of the Irish Committee to attend.
A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.; who brought up several Particulars, wherein they desire their Lordships Concurrence:
1. An Order, That the Commissioners appointed to reside with the Army do forthwith repair to the Army, and proceed in the Affairs committed unto them according to their former Instructions. (Here enter it.)
2. An Order, That the Committee for the Affairs of Ireland to dispose the Three Hundred and Fifty Pounds in their Power, for sending over Officers that have any Charge in Ireland. (Here enter it.)
3. An Order, That all Officers of the Army of Ireland do repair to their respective Charges.
(Here enter it.)
4. To desire that the Members of this House that are of the Committee for Ireland may be enjoined to attend that Service.
The Answer returned was:
That this House agrees to all the Particulars now brought in.
Letter from the Commissioners with the King.
A Letter from the Lord Mountagu, was read.
(Here enter it.)
Preachers at the Fast thanked.
Ordered, That Mr. Carryll and Mr. Spurstow shall have Thanks given them, from this House, for their Sermons Yesterday; and are desired to print and publish the same.
De Bowyr, Prince Elector's Agent, a Pass.
Ordered, That John Christof De Bowyr, who is employed by the Prince Elector's Highness upon his special Occasions beyond the Seas, shall have a Pass, to go from hence to Gravesende, with his Servants, Two Geldings, and a Mare; and from thence to be transported (without Custom) beyond the Seas.
Ordered, That Mr. Peter Crafford shall have a Pass, to embark at Rye or Dover, for France; and to return with such Commodities as the said Mr. Crafford shall bring over for the Service of the Countess of Leycester.
Answer from the H. C.
Mr. Page and Doctor Aylett return with this Answer from the House of Commons:
That they agree to the Pass for the Lord Willoughby, and to the Order for the Visitors for the University of Oxford to meet de Die in Diem: To the rest, they will send an Answer by Messengers of their own.
E. of Thanet, a Pass.
Ordered, That the Earl of Thanett shall have a Pass, to go (fn. 1) to The Spaw, with Five or Six Servants.
King's Children, Leave to go to Him.
Ordered, That the King's Children be permitted to go to His Majesty sometimes, so that they return to the Earl of Northumb. every Night.
The Concurrence of the House of Commons to be desired herein.
Message to the H. C. about it; and about Smith's Pet. and Willoughby's Ordinance.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Page:
1. To desire Concurrence in the Order concerning the King's Children to go sometimes to see the King.
2. To put them in Mind of the Ordinance formerly sent down, for making Mr. Thomas Smyth One of the Commissioners for the Navy.
3. To put them in Mind of Sir Francis Willoughbie's Petition.
Thompson, E. of Lindsey's Servant, Privilege.
Ordered, That Leonard Thompson, being a menial Servant to the Earl of Lyndsey, and employed about his Affairs in London and other Places, shall enjoy such Privilege as the Servants of the Peers of this Kingdom are permitted to have.
Message from the H. C. with Ordinances;—to send the Propositions to the King;—to consider of the Safety of the Parliament;—and about sending the Scots Army in Ireland Home.
A Message was brought from the House of Commons, by Mr. Rous, &c.; which consisted of divers Particulars:
1. An Ordinance formerly sent down to them, concerning the Visitation of the University of Oxford; to which they agree, with an Alteration, wherein Concurrence is desired. (Here enter it.)
Read, and Agreed to.
2. To put their Lordships in Mind of the Propositions for Peace, that so they may be sent to the King.
3. And Order to have it referred to the Lords and Commons that examined the Business of the late Force upon the Parliament, to consider of some Course for the Security of the Parliament, when the Army is drawn off. (Here enter it.)
Agreed to; and the Committee to meet every Tuesday and Thursday, in the Queen's Court.
4. To put their Lordships in Mind of the Votes concerning the re-calling of the Scotts Forces in Ireland.
5. An Ordinance for charging Eight Thousand Pounds upon the Receipts for the County of Devon, for Plymouth Garrison. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That as concerning the Propositions for Peace, and the Votes concerning the re-calling of the Scotts Forces in Ireland, their Lordships will send an Answer by Messengers of their own: To all the rest, their Lordships do agree to.
Message to the H. C. about the Vote for sending Home the Scots Army in Ireland.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Page:
To let them know, that this House agrees to the Votes concerning the re-calling of the Scotch Forces out of Ireland, and have sent them to Mr. Frost.
Propositions for Peace.
The Question being put, "Whether the Lord Cottington and Mr. Edward Hyde shall be left out of the First Exception?"
It was Resolved in the Affirmative.
Ordered, That Sir Phillip Musgrave shall be left out of the Fourth Qualification.
The Propositions, with the Alterations, being all Agreed upon;
It is Ordered, That they be sent to the House of Commons, for their Concurrence in the said Alterations; to which if they concur, then to desire that the Members of both Houses that are of the Committee of both Kingdoms may communicate them unto the Scotch Commissioners, that it may be put into a speedy Way, that they may be presented unto the King.
Letter from the Commissioners with the King, that He is going to Hampton Court; and desiring Table Linen for His Use.
For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.
"His Majesty was pleased the last Night to let us know, that He would go this Day to Hampton Court, whither we wait on Him, and of which I have thought it my Duty to acquaint you; as also that we have formerly desired the Committee of the Revenue, that Table Linen might be provided, both for the King and the Houshold; the Table Linen which was sent when His Majesty first came to Holdenby being worn out with continual Use: To which Answer was given, They could do nothing therein without your Order; wherefore I humbly desire your Lordship to take it into your Consideration; and remain,
Oatlands, 24 Aug. 1647.
Most humble Servant,
Commissioners to go to the Army again.
"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners formerly appointed to reside with the Army do forthwith repair to the Army, and proceed in the Affairs committed unto them, according to their former Instructions."
Order for 350 l. for sending Officers to Ireland.
"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 dispose of the Sum of Three Hundred and Fifty Pounds, in their Power, for sending over the Officers that have any Charge in Ireland; and that such Officers only shall receive Parts thereof as will engage themselves to go within a Week after the Order made."
Officers of the Army there to repair to their Commands.
"Ordered, by the Lords and Commons assembled in Parliament, That all Officers of the Army of Ireland do repair to their respective Charges."
Members of the Irish Committee to attend it.
Ordered, by the Lords and Commons in Parliament assembled, That the Members of both Houses be hereby enjoined, that are of that Committee, to attend that Service."
An additional Ordinance of the Lords and Commons assembled in Parliament, for the Visitation and Reformation of the University of Oxford, and the several Colleges and Halls therein.
Ordinance for the Visitation, &c. of Oxford University.
"For the more effectual and speedy Reformation and Regulation of the University of Oxon, and the several Colleges and Halls therein, according to a former Ordinance of May last, and for Explanation of the same: The Lords and Commons assembled in Parliament do Declare, That the Cathedral Church or College of Christ's Church, with the Dean, Prebends, Students, Scholars, and Officers thereunto belonging, are within the Words and Intention of the said Ordinance, to all Intents and Purposes: And it is further Ordained, That the Visitors thereby appointed, or any Five or more of them, shall have full Power and Authority to tender and administer the solemn League and Covenant and Negative Oath to all and every the Governors, Professors, Graduates, Masters, Fellows, Scholars, Students, and Officers, of the said University, and of the respective Halls and Colleges therein; and to send for, examine, and peruse, all and every their Books of Statutes, Registers, Journals, Books of Entries, Accompts, Orders, and other Writings, which concern the Government or Affairs of the said University, or respective Colleges and Halls; and to send for in Custody, and commit to Prison, all such Persons who, after Personal Summons, shall contemptuously refuse to produce and deliver the same, or any of them, to the said Visitors, or not shew sufficient Cause of their not producing them, or any of them, respectively, until they shall be accordingly produced and delivered: And likewise all such Masters, Professors, Fellows, Scholars, Students, and Officers, of the said University, Colleges, Halls, or any of them respectively, who, during the said Visitation, shall, after a Second Personal Summons, wilfully neglect or refuse to appear before them; and also to impannel such and so many Members and Officers of the said University, Colleges, Halls, and other Persons, within the Limits and Precincts of the said University, being of the Age of One and Twenty Years or upwards, as they shall think fit to enquire of; and present, upon their Corporal Oath, all Offenders and Offences comprized within the said Ordinance, upon such Articles of Enquiry, grounded on the said Ordinance, as shall be approved of by the Standing Committee of Lords and Commons mentioned in the said Ordinance; and likewise to examine Witnesses upon Oath, for Proof of any Offence or Misdemeanors enquirable or punishable by the said Ordinance: And Oliver St. John Esquire His Majesty's Solicitor General is hereby required and authorized to draw up and prepare a Commission, and direct the same to the said Visitors, for visiting the said University, Colleges, and Halls, and every of them respectively, and the respective Governors, Masters, Professors, Scholars, Fellows, Students, Officers, and Members, in as large and ample Manner as by the said Ordinance and this present Ordinance is prescribed, without any further Warrant; and that the Commissioners for the Great Seal of England shall have Authority hereby to pass the said Commission under the said Great Seal accordingly: And the said Visitors, and every of them, shall be protected and saved harmless, by the Authority of this present Parliament, against all Persons, (fn. 2) for whatsoever they shall act or execute in Pursuance of the said Ordinances: And the said Visitors, or any Five or more of them, shall have Power to appoint a Register, and such other Officers as are necessary to be employed in the said Visitation, who shall receive such Recompence and Salary for their Pains therein, and out of such Monies, as the said Standing Committee of Lords and Commons shall think meet: And all Sheriffs, Mayors, and other Officers, are hereby required to be aiding and assisting to the said Visitors, or any Five or more of them, and to their Officers, in the Execution of this and the former Ordinance."
Visitors of Oxford to sit de Die in Diem.
"Ordered, by the Lords and Commons in Parliament assembled, That the Visitors of the University of Oxford do sit de Die in Diem, in the Visitation of that University, notwithstanding any Adjournment formerly made by any of the Visitors named in the Ordinance; and to begin with the Heads of the Houses, Canons of Christ Church, and Officers of the said University, or such of them as they shall conceive to be most dangerous."
Committee to consider of the Safety of the Parliament when the Army is drawn off.
"Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Committee of Lords and Commons appointed to examine the Business of the late Force upon the Houses, to consider of some Way for the Security of the Parliament when the Army shall be drawn off; and to report it to the Houses."
Order for 8000 l. for the Garrison of Plymouth.
"Whereas, by an Ordinance of Parliament, bearing Date the 23d Day of June, 1647, for the Raising of Monies, to be employed towards the Maintenance of Forces within this Kingdom, under the Command of Sir Thomas Fairefax Knight, and for the speedy transporting of and paying the Forces, for the carrying on the War of Ireland, there is Sixty Thousand Pounds to be Monthly raised, for the Uses aforesaid; of which said Sum of Sixty Thousand Pounds per Month there is the Sum of Three Thousand Five Hundred and Seven and Twenty Pounds, Six Shillings, One Penny Half-penny, to be Monthly taxed and levied upon the County of Devon; and whereas the Soldiers of the Garrison of Plymouth, in the said County of Devon, are in Arrear of their Pay, ever since the 25th Day of March, 1647, last past: Towards the Discharge of which Arrears of the said Garrison, it is hereby Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Eight Thousand Pounds be charged upon the Credit of the Assessment of the said Ordinance of the Sixty Thousand Pounds Monthly; and that the several and respective Collectors and Receivers of the said several and respective Sums, so to be taxed and levied upon the said County of Devon, do, forthwith upon Receipt thereof, out of the First Monies they shall so levy and receive, pay unto the Committee of the said County of Devon the said Sum of Eight Thousand Pounds; and that thereupon the Committee of the said County of Devon do pay the said Sum of Eight Thousand Pounds to the Governor of the Garrison of Plymouth aforesaid, for the Payment of the Arrears of the said Garrison as aforesaid; any Order or Ordinance to the contrary hereof in any Wise notwithstanding; and that this Ordinance shall be a sufficient Warrant and Discharge to the said Collectors and Receivers, for the Payment of the said Sum of Eight Thousand Pounds as aforesaid."
Langham & al. versus Lymbrey & al.
The Lords in Parliament assembled, taking into Consideration the Complaint of Alderman Langham and others Plaintiffs, against Captain Lymbrey and others Defendants, appealing to this House against a Decretal Order in the Court of Chancery: Upon mature Debate, it is Ordered, &c. That this House will retain the said Appeal no longer; but leaves it in the same State and Condition as it was when it was brought into this House.
Ordinance for Langley to be Master of Pembroke College, Oxon.
Whereas Thomas Clayton, Doctor of Physic, and Master of Pembrook Colledge, Oxon, is lately deceased; and whereas the said College is not yet visited, according to an Ordinance of Parliament, whereby the Fellows are not yet so constituted as that it is sit for them to execute such a Trust as to make Choice of a new Master; and whereas we have perfect Assurance of the Sufficiency, Abilities, and good Affection to the Parliament, that are well known to be in Mr. Henry Langley, of that College, and One of the Seven Preaching Ministers sent by the Parliament to that University, whereby he is rendered very sit for the Government of that College: It is therefore Ordered and Ordained, by the Lords and Commons in this present Parliament assembled, That the said Mr. Henry Langley be Master, and the said Mr. Henry Langley from the Day of the Date of these Presents is Master, of Pembrook Colledge, in Oxford, in the room of the said Dr. Cleyton deceased; and that he is therefore to enjoy all Salaries, Lodgings, Benefits, and Emoluments, of what Sort or Nature soever, that do or ought to accrue thereby, to all Intents and Purposes, in as full and ample Manner as the said Dr. Clayton did or ought to have enjoyed the same, by virtue of the said Place; and all Fellows, Scholars, Commoners, and all Manner of Students, Officers, and Servants, belonging to the said College, are to give full Obedience and Conformity hereunto, as they, or any of them, will answer their Neglect to the Parliament.