Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 12 die Novembris.
PRAYERS, by Mr. Sedgwicke.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
King escaped from Hampton Court:
The Lord Mountague acquainted the House, "That the King escaped last Night from Hampton Court; and these Papers were found in His Chamber:"
Which were read, as followeth:
Letter from Him to L. Mountague, which He left on His Table.
"Hampton Court, 11 Novemb. 1647.
"First, I do hereby give you and the rest of your Fellows Thanks, for the Civilities and good Conversation that I have had from you. Next, I command you to send this My Message (which you will find upon My Table) to the Two Houses of Parliament, and likewise to give a Copy of it to Colonel Whaly, to be sent to the General. Likewise I desire you to send all My Saddle Horses to My Son the Duke of Yorke. As for what concerns the Resolution that I have taken, My Declaratory Message says so much, that I refer you to it. And so I rest
"Your assured Friend,
Message from the King to both Houses; and Letter to Col. Whalley, &c.
Next, the King's Message was read. (Here enter it.)
Next, a Letter of the King's to Colonel Whaly, was read. (Here enter it.)
Another Letter was read, without a Name, subscribed only with E. R. (Here enter it.)
Letter from Gen. Cromwell, that the King, was seen going over Kingston Bridge.
The Speaker acquainted the House with a Letter he received from Lieutenant General Cromwell, "That the King, with Nine Horses, last Night, went over Kingston Bridge."
Ordered, That the King's Letter to the Lord Mountague, and His Majesty's Message, be communicated to the House of Commons.
L. Mountague not accessary to the King's Escape.
The House declared, "That their Lordships were satisfied, that the Lord Mountague hath with all Fidelity and Diligence performed the Trust wherein he was employed by both Houses, in Attendance on the King at Hampton Court; and that this Accident of the King's going from Hampton Court doth no way reflect upon his Integrity; neither his Lordship nor the rest of the Commissioners having the Command of the Guards there."
Cook and Harvey.
The Counsel of Cooke Plaintiff, and the Counsel of Harvy Defendant, this Day argued the Errors, in the Writ of Error depending in this House between them.
And upon Consideration thereof, this House Ordered, That the Word ["sciere"] in the Record be mended, and made ["scieri"], it being but a Mistake of the Writer; and that this House affirms the Judgement given in the King's Bench; and that the Transcript of the Record be remitted into the King's Bench, that so Execution may be taken out.
Croker and Wise.
Ordered, That the Cause between Croker and Wise shall be heard, by Counsel on both Sides, on Tuesday next, upon the Practice.
Message to the H. C. with the King's Letters and Message.
A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:
1. To deliver to them Letters and the King's Answer read this Day.
The Messengers returned with this Answer:
That they have delivered the Papers to the House of Commons.
Provision for the King's Horses.
Ordered, That the Committee for the Revenue do take Care that Provision be made for the King's Horses, for the present.
Judgement against Morris alias Poyntz, & al.
Mr. Hakewill reported, "That he had examined the Recitals in the Judgement concerning the Parchments found in the Court of Wards, wherein the Lady Littleton (fn. 1) and others are concerned; and that he finds (fn. 2) the Parchment Writings truly recited in the Judgement."
Whereupon the House approved of the Judgement, as it is drawn up. (Here enter it.)
Papers from the Committee of both Kingdoms.
The Speaker reported Two Papers from Derby House; which were read. (Here enter them.)
Rooksby's Bail discharged.
Ordered, That the Bail of Rookesby is hereby taken off and discharged, there being none to prosecute; Major Ormsby, who complained against him, is gone into Ireland.
Message from the King; on His Escape from Hampton Court, that He will appear again if He can be heard, and will give Satisfaction.
"Hampton Court, the 11th of November, 1647.
"Liberty being that which in all Times hath been, but especially now is, the common Theme and Desire of all Men; Common Reason shews, That Kings less than any should endure Captivity: And yet I call God and the World to Witness, with what Patience I have endured a tedious Restraint, which, so long as I had any Hopes that this Sort of My Sufferings might conduce to the Peace of My Kingdoms, or the Hindering of more Effusion of Blood, I did willingly undergo. But now, finding by too certain Proofs, that this My continued Patience would not only turn to My Personal Ruin, but likewise be of much more Prejudice than Furtherance to the Public Good, I thought I was bound, as well by Natural as Political Obligations, to seek My Safety, by retiring Myself for some Time from the Public View both of My Friends and Enemies. And I appeal to all indifferent Men to judge, if I have not just Cause to free Myself from the Hands of those who change their Principles with their Condition; and who are not ashamed openly to intend the Destruction of the Nobility, by taking away their Negative Voice; and with whom the Levellers Doctrine is rather countenanced than punished. And as for their Intentions to My Person, their changing and putting more strict Guards upon Me, with the discharging most of all those Servants of Mine who formerly they willingly admitted to wait upon Me, doth sufficiently declare. Nor would I have this My Retirement misinterpreted; for I shall earnestly and uncessantly endeavour the settling of a safe and well-grounded Peace, whereever I am or shall be, and that (as much as may be) without the Effusion of more Christian Blood; for which how many Times have I desired, pressed to be heard, and yet no Ear given to Me? And can any reasonable Man think, that (according to the ordinary Course of Affairs) there can be a settled Peace without it, or that God will bless those who refuse to hear their own King? Surely, No. Nay, I must farther add, That (besides what concerns Myself), unless all other chief Interests have not only a Hearing, but likewise just Satisfaction given unto them (to wit, the Presbyterians, Independents, Army, those who have adhered to Me, and even the Scotts); I say, there cannot (I speak not of Miracles, it being in My Opinion a sinful Presumption in such Cases to expect or trust to them) be a safe or lasting Peace. Now, as I cannot deny but that My Personal Security is the urgent Cause of this My Retirement, so I take God to Witness, that the Public Peace is no less before My Eyes. And I can find no better Way to express this My Profession (I know not what a wiser Man may do) than by desiring and urging that all chief Interests may be heard, to the End each may have just Satisfaction: As for Example, the Army (for the rest, though necessary, yet I suppose are not difficult to content) ought (in my Judgement) to enjoy the Liberty of their Consciences, have an Act of Oblivion or Indemnity (which should extend to all the rest of My Subjects), and that all their Arrears should be speedily and duly paid; which I will undertake to do, so I may be heard, and that I be not hindered from using such lawful and honest Means as I shall chuse. To conclude, let Me be heard with Freedom, Honour, and Safety; and I shall instantly break through this Cloud of Retirement, and shew Myself really to be Pater Patriæ.
"For the Speaker of the Lords pro Tempore; to be communicated to the Lords and Commons in the Parliament of England at Westm'r, and the Commissioners of the Parliament of Scotland; and to all My other Subjects, of what Degree or Calling whatsoever."
Letter from Him to Col. Whaley, desiring he will take Care of the Furniture at Hampton Court; with Directions how to dispose of some Pictures, &c.
"Hampton Court, 11 Novembris, 1647.
"I have been so civilly used by you and Major Huntington, that I cannot but by this parting Farewell acknowledge it under My Hand; as also to desire the Continuance of your Courtesy, by your protecting of My Household Stuff, and Moveables of all Sorts, which I leave behind Me in this House, that they be neither spoiled nor embezzled. Only there are Three Pictures here, which are not Mine, that I desire you to restore; to wit, My Wife's Picture in Blue, sitting in a Chair, you must send to Mrs. Kirke; My Eldest Daughter's Picture, copied by Belam, to the Countess of Anglesey; and my Lady Stanhope's Picture to Carewe Rawley: There is a Fourth, which I almost forgot; it is the Original of My Eldest Daughter (it hangs in the Chamber over the Board next to the Chimney), which you must send to my Lady Obigney. So, being confident that you wish My Preservation and Restitution, I rest
"I assure you, that it was not the Letter you shewed Me To-day, that made Me take this Resolution; nor any Advertisement of that Kind. But I confess that I am loth to be made a close Prisoner, under Pretence of securing My Life. I had almost forgot to desire you to send the Black Grewe Bitch to the Duke of Richmond."
Letter to the King, that there was a Design against His Life in Agitation.
"May it please Your Majesty,
"In Discharge of my Duty, I cannot omit to acquaint You that my Brother was at a Meeting last Night with Eight or Nine of the Agitators; who, in Debate of the Obstacles which did most hinder the speedy effecting of their Designs, did conclude it was Your Majesty, and as long as Your Majesty doth live you would be so; and therefore resolved, for the Good of the Kingdom, to take Your Life away; and that to that Action they were well assured that Mr. Dell and Mr. Peters (Two of their Preachers) would willingly bear them Company; for they had often said to these Agitators, "Your Majesty is but a dead Dog." My Prayers are for Your Majesty's Safety, but do too much fear it cannot be whilst You are in those Hands. I wish with my Soul Your Majesty were at my House in Broad Streete, where I am confident I could keep You private till this Storm were over. But beg Your Majesty's Pardon, and shall not presume to offer it, as an Advice; it is only my constant Zeal to Your Service, who am
9 Nov. 1647.
"To Your Most Sacred Majesty."
Judgement between Ly. Littleton, Greviile, and Barrow, versus Awdley and Smith.
Whereas the Lords in Parliament assembled, upon the 21th of September last, gave Judgement concerning a Copy of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance;" and declared the same to be forged and counterfeit, and therefore to be for ever damned and canceled, as by the said Judgement more at large appeareth:
And whereas Dame Awdrey Littleton, Wife of Sir Adam Littleton deceased, Sir Fulke Grevill Knight, and Maurice Barrow Esquire, by their Petition exhibited before the Lords in Parliament, complained, "That, notwithstanding the said Judgement, one Isabell Smith (a Person sentenced by their Lordships, and committed to Newgate, for the said Forgery) having procured the said forged Act of Parliament, and other forged Writings, (videlicet,) Three Fines of the Lands contained in the said forged Act, and a forged Pleading, setting forth the Uses of the said forged Fines, to be written in Parchment; and having, by some Slight, made them to seem as if they had been written long since, did foist and shuffle in the same amongst other Evidences and Writings remaining in the Treasury of the late Court of Wards, and, pretending the same to be found there, obtained Copies thereof, under the Hand of Mr. Awdley, Clerk of the said Court, hoping thereby to gain some Credit and Authority to the said Forgeries, and further to impeach the Titles of the Petitioners."
To which Petition the said Isabell Smith put in her Answer; and a Day was appointed for hearing the same.
At which Day, the said Isabell being present at the Bar, and not making good any of the Particulars in her said Answer, nor giving any Satisfaction to such Questions as were by their Lordships demanded of her concerning the same; and the said several Writings, after full Examination, by hearing of Counsel, and Witnesses produced, and also upon View of the said Writings (being by their Lordships Order brought into this House), manifestly appearing to their Lordships to be gross Forgeries:
The Lords in Parliament assembled do Declare and Adjudge,
"That the said Parchment Writings, One whereof purporteth a Fine pretended to be levied at St. Albans, a Die Sancti Martini in Quindecim Dies, Anno 37° Eliz. between James Morris Esquire, and John Poyntz, alias Morris, his Son, Plaintiffs, and Gabriell Poyntz Esquire, and William Cutts, Deforceants, of the Manor of Chipping Onger, and other Lands and Tenements, with the Appurtenances, in Chipping Onger, in the County of Essex; One other whereof purporteth a Fine pretended to be levied at St. Albans, a Die Sancti Martini in Quindecim Dies, Anno 37° Eliz. between James Morris Esquire, and John Poyntz, alias Morris, his Son, Plaintiffs, and Gabriell Poyntz Esquire, and William Watts, Deforceants, of the Manors of Nothokenden, Poyntz, and Groves, with the Appurtenances, and of divers Messuages, Cottages, Mills, Lands, Meadows, Pastures, and other Hereditaments, in Northwokenden alias Northokenden, Southwokenden alias Southokenden, Avely Upminster alias Upmister, Southweal, Brentwood alias Burntwood, Warley alias Warley Magna, Childerditch, Bulfan, Bownton alias Bunton, East Thornedon, West Thorndon, West Thurrock, Grayes Thurrock, Chawdwell, Styfford alias Stiford, Horne Church, Basselden, and Cranham, and of the Rectory of Northwokenden alias Northokenden, with the Appurtenances, in the said County of Essex; One other whereof purporteth a Fine pretended to be levied at St. Albans, a Die Sancti Martini in Quindecim Dies, Anno 37° Eliz. between James Morris Esquire, and John Poyntz, alias Morris, his Son, Plaintiffs, and Gabriell Poyntz Esquire, and William Cutts Esquire, Deforceants, of Four Messuages, Six Gardens, and Two Acres of Land, with the Appurtenances, in the Parish of St. Katherin Creechurch, London; One other of the said Parchment Writings purporteth a Pleading, setting forth the Uses of the said Fines, and beginning in these Words; (videlicet,) "Essex, ss. In Memorandum de Banco, Anno Tricesimo Octavo Elizabeth. (videlicet,) inter Record. Termini Sanct. Trinitatis, Rollo 21mo, ex Parte Recordationum in Tre'rio manen inter alia, continetur ut sequitur; (videlicet,) Memorandum, Quod nuper invenitur in quodam Rollo extract. de Finibus et Issues Banci in Termino Sancti Mich'is, Annis Regni Dominæ Nostrœ Elizabethæ Tricesimo Sexto & Septimo, Quod Gabriel Poyntz Esquire," &c.; and One other whereof purporteth a Copy of a pretended Act of Parliament, intituled, "An Act to enable and make good a Conveyance and Assurance made of the Manors of Chipping Onger, Northokenden, Southokenden, and other Lands, in the County of Essex, and Beaves Markes, alias Buryes Markes, in London, by James Morris Esquire, and Gabriell Poyntz Esquire, to John Poyntz, alias Morris, and his Heirs, and to establish the said Manors upon the said John Poyntz, alias Morris, and his Heirs, according to the said Conveyance;" are hereby declared to be forged and counterfeit, and are by their Lordships adjudged and decreed to be for ever damned and canceled, and never to be pleaded, or admitted to be given in Evidence, in any Court or Cause whatsoever; there being no Record of any such Fines, Pleading, or Act of Parliament, to warrant the same; nor any Term then held at St. Albans, when the said Fines were pretended to be levied there."
And it is further Ordered, by the Lords in Parliament assembled, That the said Isabell Smith shall, by the 27th of November next, bring, or cause to be brought, into this House, the Copies of the said Parchment Writings (pretended to be found in the Treasury of the said Court of Wards), subscribed by the said Mr. Awdeley, that so the same may be canceled and vacated.
Paper from the Committee of both Kingdoms, with the following
"Die Jovis, 11 Novembris.
"At a Committee of Lords and Commons that are of the Committee of both Kingdoms at Darby House.
"Ordered, That this Paper now delivered in by the Commissioners of Scotland be reported to both Houses.
"Gualter Frost, Secretary."
Paper from the Scots Commissioners, that they will consider of the Propositions, and desiring an Answer to their Desire of a Personal Treaty with the King.
"At Darby House, the 11th of November, 1647.
"Wee shall take into Consideration the Propositions delivered unto us by your Lordships, this Afternoone. In the meane Tyme, wee desire an Answere from both Houses to our Letter of the 5th of this Instant.
"By Commaund of the Commissioners for the Parliament of Scotland.
Strickland to be instituted to Lancaster;
Ordered, That Dr. Heath give Institution and Induction unto John Strickland Clerk, Batchelor in Divinity, to the Vicarage of Lancaster, in Com. Lancasheir, void by the Ejection of Dr. Wildbore by Law, late Incumbent there; Tobias Samuell and William Knipe Gentlemen, Patrons: This with a Salvo Jure cujuscunque.
and Bradley to Ford.
Ordered, That Dr. Heath give Institution and Induction unto Alexand'r Bradly Clerk, to the Rectory of Ford, in the County of Sussex, void by the Death of the last Incumbent; salvo Jure cujuscunque; granted by the Great Seal.
House adjourned till 10a cras.