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 Jovis, 2 die Septembris.
L. Viscount Say & Seale.
Marq. of Whitton, Liberty for a Month.
Upon reading the Petition of the Marquis of Winton; desiring "Liberty for a Month to go to Epsam Waters, for his Health; giving Security to the Lieutenant of The Tower for his rendering himself again."
Browne, Ashdowne, & al. to be attached, for refusing Rumney's Tithes at Hanworth.
Upon reading the Petition of Symon Rumney, of Hanworth, in the County of Midd. Minister: (Here enter it.) And upon the Oath of Henry Blage Constable, who verified all the Particulars of the Petition to be true:
Message from the H. C. with the Ordinance for the London Militia.
A Message was brought from the House of Commons, by Mr. Annesley, &c.; who brought up the Ordinance for settling the Militia of the City of London, wherein they do agree, with some Alterations, and desire their Lordships Concurrence to the Alterations.
Glover versus Wilson.
Spinks versus Towers, &c.
Croker versus Wise.
Message from the H. C. with Ordinances, &c.; with Committees Names for Ireland; and to consider of the Violence offered to the Houses.
Du Moulin's Ordinance to be History Professor at Oxon.
Letter to Scotl. about their Forces in Irel.
Papers between the Scots Commissioners and the Committees of both Houses, about the Propositions:
Committee to consider of them.
L. Viscount Say & Seale.
Ordinance to slight the Works about London.
Ordered, That the Lord Wharton and the Lord Howard do prepare an Ordinance, in Pursuance of the Report of the Earl of Denbigh Yesterday, for slighting the Works and Line of Communication about London.
The Lord Wharton reported the Ordinance from the Committee for slighting the Works about the City of London; which was read, and Agreed to; and Ordered to be sent to the House of Commons for Concurrence.
Answer to the Scots Commissioners Paper about the Propositions.
Read, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence; and if it be Agreed to, then that it be communicated to the Scotts Commissioners this Afternoon, by the Members of both Houses that are of the Committee of both Kingdoms; and that the Scotts Commissioners may be sent to, and be desired to meet at Derby House this Afternoon, at Four of the Clock.
Message to the H. C. for Committees to meet with them about it; and with the Ordinance to slight the Works about London.
2. To deliver to them the Answer to the Scotts Commissioners; and if they concur therein, then that it be communicated to the Scotts Commissioners this Afternoon, by the Members of both Houses that are of the Committee of both Kingdoms; and that the Scotts Commissioners be sent to, and desired to meet this Afternoon, at Derby House, at Four of the Clock.
Croker's Petition, against Wise; for practising with his Brother to disinherit him in his Favour.
"That your Petitioner's Father, Gerrard Croker Esquire, being in his Life-time lawfully seised, to him and the Heirs Male of his Body, of the Manor of Greate Barton, or Steeple Barton, and of the Manor called Dimocks Mannor, in Hooke Norton, in the County of Oxford, with their Appurtenances, and also possessed, by virtue of a Lease for many Years to come, of a Moiety of the Manor, and of the Rectory and Vicarage, of Hooke Norton aforesaid; which Lease he assigned to divers Persons of Honour and Quality, upon special Trust and Considence that they should, after his Death, suffer your Petitioner's said Brother to receive and take the Rents, Issues, and Profits thereof, during his Life; and, after his Decease without Issue, then the same to come to your Petitioner, together with the Inheritance of all the said Manors; and accordingly your Petitioner's said Brother enjoyed the same during his Natural Life; after whose Decease, the Premises ought to have descended and come to your Petitioner, as next Heir Male of the Body of his said Father, and as Heir and next of Blood to his said Brother Gerrard.
"But so it is (may it please your Lordships), one William Wise of Lincolnes Inne (a Man several Times sentenced for lewd Practices), about December last, having heard that the said Gerrard Croker was an unsettled young Man, very subject to Distempers, and apt to be wrought upon by the Inticement of Women, and having an Eye to his Estate, did insinuate and intrude himself into his Acquaintance and Company; and, finding him easy and sit to be made a Prey of, did from Time to Time feed his distempered Humours with loose Company; and particularly he brought him into the Acquaintance and Familiarity of Etheldred his own Wife, a Woman notorious for her unchaste and adulterous Life, and of other lewd Persons; alienated his Affections from his Wife and your Petitioner; and, by Degrees, so wrought upon him, by complying with him in the Height of all his disorderly Courses, as that at Length he the said Gerrard fell into Distraction, and became utterly void of Sense and Reason; and in such his Distraction, the said William Wise and his Wife, together with their Confederates, did most wickedly practise to draw the said Gerrard Croker to disinherit your Petitioner of the said Manors and Premises, and to gain the same to themselves; and, in Pursuance thereof, they most wickedly endeavoured to draw him the said Gerrard (then in the Height of his Distraction) to sign and seal a supposed Will, which they the said Confederates had contrived amongst themselves, and also to seal a pretended Deed, which, by like Confederacy, they forged and put into Writing, whereby they the said Confederates have gone about most unconscionably to disinherit your Petitioner of the said Manors, being his just Inheritance, and to defraud him of his Interest in the said Lease, as Brother and next of Kin to the said Gerrard, and to settle the same upon themselves, who are meer Strangers unto him in Blood, and then had not been Two Months acquainted with him; and, in further Prosecution of their said wicked Practice, they the said William and Etheldred have, by undue Means, got into their Hands all Deeds, Evidences, and other Writings, that concern the Premises, to the Disherison and utter Ruin of your Petitioner, and the Extirpation of his Family, unless by your Lordships known Justice he be relieved. And for that (as the Laws now are) there is no Means left to your Petitioner, or any other, to examine and discover a Confederacy and Practice of this Nature in any of His Majesty's ordinary Courts of Justice; neither is your Petitioner relievable elsewhere, or otherwise than by your Lordships Justice in this High Court of Parliament:
Your Petitioner therefore most humbly prays, That the said William Wise, Etheldred his Wife, and such others as your Petitioner shall discover to be their Confederates in the said Practice, may be summoned to appear before your Lordships, to answer the Premises; and that the said foul Practice of the said Wise and his Wife (they being Persons so notorious) may receive a due Examination, in such Manner as your Lordships shall direct; and that they may receive such Punishment, and your Petitioner such Relief, as in your Lordships great Wisdom shall be found agreeable to Justice.
Rumney's Petition against Brown, for refusing his Dues; and Assidowne, Haynes, and Tyndall, for abetting him.
That whereas your Honours Petitioner was, about the First of May last, invested into the Rectory of Hanworth aforesaid, by the Broad Seal of England, where ever since he hath carefully officiated; yet, notwithstanding, his Dues are, by Robert Browne of Hanworth aforesaid, not only denied, but also after he was proceeded against, and Distress made upon his Cattle by the Constable, according to Ordinances of Parliament in that Case provided, for the Sum of Two Pounds, Nineteen Shillings, and Eight Pence ob. awarded to your Honours Petitioner, for Part of his Tithes and Damages, and for levying whereof the Cattle were driven to the next Market for Sale, he the said Browne there again denied Payment, and also procured a Replevin, upon the Counsel and Encouragement of Mr. Ashdownes Solicitor, and Haynes and Tisdall Bailiffs: The said Ashdowne, reading the Warrant for Distress, made a Jeer at it, and presently advised Browne to get a Replevin, and called Tisdall the Bailiff to take away the Cattle; the said Haynes saying, "It was but an Ordinance of Parliament, and was not an Act, because the King was not there." And Tisdall not only took them away before the Sale; but also said, "That if they had been sold, he would have taken them away again from whomsoever would have bought them." And further, the said Browne hath entered into Bond of Forty Pounds, to prosecute the Constable for taking and false detaining (as they term it) of the Cattle, the Truth of which Things your Petitioner hath Witnesses here ready to make good on Oath: By which your Petitioner is not only deprived of his Dues, and put to farther Charges, the Constable for Obedience to your Honours Ordinances vexed, public Encouragement given to the said Parish and others to defraud the Ministry; but also your Honours Authority contemned, and Men discouraged to act upon Ordinances.
"Now your Honours Petitioner humbly prayeth, That, in Consideration of the Premises, your Honours would be pleased speedily to vindicate your Honours Ordinances, preserve the Actors thereupon, and afford such Relief to your Petitioner, having his Wife and Eight Children, as to your Wisdoms shall seem meet.
Ordinance to settle the Militia of London.
"The Lords and Commons in Parliament assembled, taking into their serious Consideration the present State and Condition of the Kingdom of England, and particularly of the City of London, do ordain and declare, and be it Ordained and Declared by the Authority of the Parliament, That Isaac Pennington, Sir John Wollaston, Thomas Atkin, John Warner, John Fowke, William Gibbs, Thomas Andrewes, Thomas Foote, Symon Edmonds, Aldermen of the said City of London, Major General Phillip Skippon, Colonel John Venn, Francis Allen, Colonel Rowland Wilson Junior, Colonel Edmond Harvey, Major Richard Salloway, Richard Turner Senior, Samuell Warner, William Bartley, William Hobson, James Russell, Colonel Owen Roe, Colonel Thomas Player, Steven Estwick, Colonel Robert Tichburne Lieutenant of The Tower, Colonel Richard Turner, Tempest Milner, William Antrobus, Thomas Noell, Christopher Pack, Thomas Arnold, Colonel Nathaniel Camfeild, Samuell Moyer, Alexander Normington, Alexander Jones, Maurice Gethinge, and Mark Hildersley, Citizens, or any Nine or more of them, and no other Person or Persons whatsoever, be, and are hereby constituted and appointed, a Committee for the Militia of the City of London and Liberties thereof; and shall have Power, and are hereby authorized, to assemble and call together all and singular Person and Persons, within the said City of London and Liberties thereof, that are meet and fit for the Wars, and them to train, exercise, and put in Readiness; and them, after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed and weaponed; and to take the Musters of them in Places most fit for that Purpose; and that they shall have Power to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said City and Liberties thereof; and likewise shall have further Power and Authority to lead, conduct, and employ, the Persons aforesaid, arrayed and weaponed, as well within the said City as within any other Part of this Realm of England or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen, according as they from Time to Time shall receive Directions from the Lords and Commons, assembled in Parliament; and that the said Committee, or any Nine or more of them as aforesaid, shall have Power, and are hereby authorized, to constitute and make Colonels, Captains, and other Officers, and shall have Power to remove and displace Colonels, Captains, and other Officers, from Time to Time, as they or any Nine or more of them as aforesaid shall see cause, and think fit; and that the said Committee, or any Nine or more of them as aforesaid, shall have the same Power and Authority, within the said City and Liberties thereof, as any Committee for the Militia of the City of London had, the 20th Day of July, Anno Domini 1647, by any Order or Ordinance of Parliament; and that all and every Person or Persons who shall act or do any Act or Thing whatsoever, by virtue of this or any former Order or Ordinances of Parliament concerning the said Militia, shall be saved harmless and indemnified, for and concerning the same, by Authority of Parliament.
And it is hereby further Ordained, That no Citizen of the City of London, nor any of the Forces of the said City, or Liberties thereof, shall be drawn forth, or compelled to go out of the said City, or Liberties thereof, for Military Service, without his or their free Consent: And this present Ordinance is to continue during the Pleasure of both Houses of Parliament."
Ordinance for a Seal for the Counties of Brecknock, Radnor, and Glamorgan.
"Whereas, since the late Wars and Troubles began in this Realm, the Original Seal for the Counties of Brecknock, Radnor, and Glamorgan, hath been embezzled or lost, to the great Hindrance of Justice in those: For Remedy whereof, it is Ordained, by the Lords and Commons in Parliament assembled, That an Original Seal, for the said Counties of Brecknock, Radnor, and Glamorgan, be forthwith prepared and made, in the usual Form; and that the Charge thereof be issued by the Committee of Lords and Commons for His Majesty's Revenue; and that the said Seal, so being made, be delivered to the Steward and Chamberlain of Brecknock for the Time being, to be used for the Administration of Justice in those Counties, according to the Laws in that Behalf made and ordained, and as formerly hath been used: Saving to all and every Person and Persons whatsoever, other than such as are sequestered or sequestrable by any Ordinance of Parliament, all and all Manner of Fees and Profits arising by the said Seal, which lawfully and of Right to them doth belong and appertain."
Accompts of Widows of Officers, Soldiers, &c. to be stated.
"The Lords and Commons in Parliament assembled, taking into their serious Consideration the Complaints of the Widows of such (Officers or Soldiers) who have died or been slain in their Service; and though many of those Widows have had, and yet have, a Weekly Allowance; and, besides that, several Sums of Money, as is conceived to be so much as can be due unto them: Yet, being willing all Ways should be taken that every such Person should receive just and full Satisfaction; and likewise considering that the Committee for the Accompts of the whole Kingdom are so pressed with the Accompts of others that they are not able to attend them; the said Lords and Commons do hereby order and ordain, That the Committee sitting at the Military Garden in London shall have Power, and are hereby authorized, to take, examine, and determine, according to the late Rules and Instructions, bearing Date the 28th Day of May last, and not otherwise, the Accompts of all such Widows now living within the Lines of Communication, and in convenient Time to present a Roll of what they shall find remaining due to such Persons; which both Houses do declare shall be satisfied accordingly; and the said Committee are hereby authorized and required to send for all such Books, Papers, or Accompts, now in the Custody of any Person or Persons, as may enable them for the effectual Discharge hereof: And for the Pains and Charge herein, they shall receive Satisfaction from both Houses."
Ordinance to prevent the Access of Soldiers to the Doors of the Houses.
"The Lords and Commons in Parliament assembled, taking into their serious Consideration the great Inconvenience and Danger which daily doth or may accrue, by the Resort of divers Persons to the Doors of both Houses, under Pretence of Arrears to them due, the greatest Part of them being Persons evil-affected to the Parliament and Kingdom, and their coming thither being for the most Part (though under other Pretence) to disturb them in their Proceedings; and likewise remembering the effectual Course by them taken, by their late Instructions, bearing Date the 28th of May, last, for the determining of all Accompts, so that there can be no Colour of any such Resort as aforesaid, except it be of such who are unwilling the Truth of their Accompts should appear; do hereby order and declare, That henceforth no Person or Persons shall presume to resort thither under any such Pretence, both Houses having formerly ordered that the Committee for the Accompts of the whole Kingdom, or other Committees authorized for that Purpose, shall present Rolls of such Accompts, so determined, to both Houses, and not otherwise; where those Persons concerned therein shall receive such further Assurance and Satisfaction as both Houses shall find to be just: And in case, after the Publication hereof; any Person shall presume contrary to this Declaration, the Guards attending on either or both Houses are hereby required to seize upon them, and keep them in safe Custody; and if, upon Examination by the Committee of Complaints, it be found that there is any Arrear due to any such Person, every such Sum of Money shall be and is forfeit for his or their Contempt, and such further Punishment upon others as both Houses shall appoint."
Letter of Thanks to Col. Jones, for his Services in Ireland; and that Reinforcements are sending over.
"There hath been presented unto both Houses, from the Committee of Darby House, a full Relation of a great and happy Victory, which it pleased God to give unto the Forces under your Command, at the late Battle of Dungans-bill; and they have also understood thereby of the very good Service you did perform in your own Person that Day; whereof we must let you know that they have taken particular Notice, and have commanded us, in their Names, to return you hearty Thanks for the same, and to desire you in an especial Manner to give Thanks from them unto the several Officers, who they hear carried themselves very gallantly in that Action. They are now presently sending over considerable Forces both of Horse and Foot, which are already designed by the General for the Service of Ireland; and as they no Ways doubt of your Readiness fully to prosecute this Victory towards the speedy Reducement of that distressed Kingdom, so you may assure yourself they will not be wanting to express the great Sense they have of your particular Merit in their Service there. So we rest
Committee to examine the Violence offered to the Houses.
"Ordered, by the Lords and Commons assembled in Parliament, That Nathaniell Fiennes and Thomas Hodges Esquires be added to the Committee for Examination of the late Tumur and Force committed upon the Houses."
Scots Letters referred to the Committee with the Army.
"Ordered, by the Lords and Commons in Parliament assembled, That the Consideration of the Letters from the Commissioners of Scotland, and from the Parliament of Scotland, be referred to the Commissioners of both Houses who are with the Army; who are to acquaint the General with these Letters, and to represent to the Houses the Matter of Fact."
Papers between the Committees of both Houses and the Scots Commissioners, concerning the Propositions.
Whereas, by Order of both Houses, we have communicated to your Lordships the Propositions for a safe and well-grounded Peace, to be speedily sent unto His Majesty; and are, by the Order of both Houses, of this Instant First of September, to meet this Afternoon, to receive your Answer, touching your joining in presenting the said Propositions to the King, and are appointed to report the same To-morrow Morning: In Pursuance of which Order, we desire to receive your Lordships Answer, concerning your joining in presenting the said Propositions, that we may report the same, according to the said Order.
According to an Order of both Houses of Parliament, of this Instant 1 of Septembr. we desire your Lordships to go along with such a Committee of Lords and Commons as shall be appointed by both Houses, and join with them in presenting the Propositions for a safe and well-grounded Peace to the King upon Tuesday next; which Propositions have been formerly communicated unto you.
"Wee have received the Propositions of Peace which are to be sent to His Majesty by both Kingdomes, together with severall Orders of the Honnorable Houses, of this Instant First of September: But, before wee retourne our Sense of the whole Busines, wee doe expect an Answere to the Letter of the Committee of Estates of the Kingdome of Scotland, given in by us to the Honnorable Houses, dated the 21th of August. And because wee cannott conceive ourselves to be in a sufficient Security for presenting His Majesty with Propositions of Peace, where that Army is, a Party whereof have already violently driven away some of our Number from His Majesty, noe Reparation beinge yet given, therefore wee desire a safe Conduct, conforme to the said Letter, in all Points.
Whereas, in your Paper now given in unto us your Lordships say, "That, before you return your Sense of the whole Business, you do expect an Answer to the Letter of the Committee of Estates, of the 21th of August," we desire to know, whether by those Words ["the whole Business"] you intend any other Thing than the joining with the Committee of the Parliament in presenting the Propositions to the King. And for the safe Conduct desired, whether you intend any other Thing than a safe Conduct for those Persons that are to be employed in presenting the said Propositions to the King.
Wee conceived that our former Paper, of the First of September, to your Lordships, in Answere to the severall Votes and Orders of the Honnorable Houses, had bin soe cleere as there needed noe Explanation. Yet, to sattisfy your Lordships, in desireing to knowe what wee intend by those Words [" the whole Busines"] our Answere is, That ["the whole Busines"] relates to the severall Votes and Orders of the Houses delivered to us by your Lordships; to the Propositions themselves, which wee have not as yet fully perused; and to the Shortnes of Tyme for presenting them to His Majesty, appointed without our Knowledge. As to the safe Conduct mentioned in our Paper, wee desire the same to be, for all such Persons and Ends as are fully expressed in the Letter of the Comittee of Estates of the Kingdome of Scotland, of the 21th of August last. And haveing thus cleered our former Paper, wee desire that both may bee reported to the Honnorable Houses.
"We have received your Lordships Papers of the First and Second of this Instant September, which were reported to us from the Members of both Houses that are of the Committee of both Kingdoms; and, having taken the same into Consideration, do return this Answer: That a Letter from Sir Thomas Fairefax, of the 20th of August last, in order to your Satisfaction in that Business concerning the Earl of Lauderdaill, hath been already communicated unto you. And further, since the Receipt of the Letter of the 21th of August from the States of Scotland, we have put that Business into a Way of Examination, that we may fully and speedily satisfy ourselves of the Matter of Fact; and shall do therein what shall be just and fit, to give that Kingdom Satisfaction. But the Houses, being hitherto not informed of the Particulars thereof, and having as yet not any Proofs at all, could not have expected that it should have been taken as an Occasion to hinder the sending of the Propositions for the speedy Settlement of the Peace of the Kingdoms; and the rather, because, as we have not, nor shall not, maintain any unfit and unjustifiable Deportment towards any of your Number, or any others employed from the Kingdom of Scotland, so we have, upon divers Occasions, passed by Matter of Offence, and never made Use thereof to obstruct any Public Proceedings betwixt the Kingdoms, much less in such Things as immediately tend to the settling the Peace thereof: And as to the Particular of sending the Propositions to the King on Tuesday next (which Propositions are the same presented formerly at Newcastle, except in some few Particulars concerning our own Delinquents, and the Bishops Lands, which are given in Security for the Two Hundred Thousand Pounds paid unto you), we do adhere thereunto, that no Time may be lost in a Business of that Consequence; and therefore we do hereby engage ourselves for a safe Conduct for such Persons as you shall send to the King upon this Service: And we do desire your Concurrence, in joining your Commissioners to deliver the Propositions to His Majesty at the Time appointed, wherewith we did acquaint you, without the least Delay, the very same Day that it was named by the Houses in order to your Consent; assuring you, that we hold it our Duty to proceed with Effect and Speed to the Settlement of the Peace of the Kingdom, according to the Trust reposed in us."
Ordinance to slight the Works about London.
Be it Ordained, by the Lords and Commons in Parliament assembled, That the Lines of Communication about the Cities of London and Westm'r and the Borough of Southwarke, and the Parts adjacent, and all the Eorts upon and about the same, be forthwith slighted and demolished; and that the Committee of the Militia of London, settled by Ordinance of Parliament this present Second Day of September, do see this Ordinance put in Execution with all possible Expedition; and that they do receive Advice from Sir Thomas Fairefax in the Way of their Proceedings in this Service."