House of Lords Journal Volume 9: 30 November 1647

DIE Martis, 30 Novembris.

PRAYERS, by Mr. Ward.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answers from the H. C.

Doctor Heath, &c. return with this Answer from the House of Commons:

That they agree to the Order for making the Committee concerning the London Agents to be a Close Committee; also they agree to the Sheriffs of Norff. Lyncolne, Bedford, Rutland: To the rest, they will send an Answer by Messengers of their own: Also they agree to the Order to be sent to the Lord Mayor and Militia of London.

Mr. Hakewill and Mr. Eltenhead return with this (fn. 1) Message from the House of Commons:

That they agree to the Order to be sent to the Militia of London, concerning the Guarding of the Parliament: (Here enter it.) And they take Notice of the Day appointed by their Lordships, concerning the Seven Lords they have impeached.

Preacher at the Fast thanked.

Ordered, That Mr. Anto. Burges shall have Thanks, for his Sermon preached at the Abby Church the last Fast-day, and be desired to print the same.

Preachers at the next.

Ordered, That Mr. Vynes and Mr. Bolton are appointed to preach the next Fast-day, before the Lords, at the Abbey Church.

Report concerning Landguard Fort.

Upon reading a Report from the Committee of the Revenue, with a Letter from the General, and a Survey of Landguard Forte, in the County of Suffolke: (Here enter them.) It is Ordered, To be communicated to the House of Commons.

Cartwright & al. versus Rawleigh.

Ordered, That John Cartwright and Captain Vivers, &c. are left to take their Remedy, according to the due Course of Law, against George Rawleigh.

Grover, a Protection till his Arrears are paid.

Upon reading the Petition of John Grover; shewing, "That he hath been in the Service of the War, for the Parliament, from the Beginning of these Troubles, and hath many Arrears due unto him from the State; for Want whereof, he is in Danger to be arrested:"

Therefore it is Ordered, That the said John Grover shall receive the Privilege of Parliament until his Arrears be paid him from the State; and that the said Grover shall assign over his Arrears to his Creditors, for their Satisfaction.

Charge against Cawdrey and Hutton, Officers of Cambridge University.

It is Ordered, That Mr. Cawdrey and Mr. Hutton shall have Copies of these Articles; and the Cause shall be heard peremptorily on Saturday next, by Counsel on both Sides.

Ordinance to remove Obstructions in the Sale of Bishops Lands.

The Ordinance for removing from Obstructions in the Ordinance for Sale of the Bishops Lands, was read Twice, and Ordered to be committed to these Lords following:

Any Two; to meet To-morrow Morning, at Nine of the Clock, and when after they please.

Ordinance concerning L. Fairfax's Estate.

The Earl of Manchester reported from the Committee, the Ordinance concerning the Estate of Wm. Lord Viscount Fairfax, wherein the Committee have made some Alterations, which they offer to the Consideration of the House.

Then the Alterations were read; and afterwards the Ordinance, with the said Alterations, were read, and approved of; and Ordered to be sent to the House of Commons, for their Concurrence.

Pardon for Prisoners in the Western Circuit.

A Pardon for some poor Prisoners in the Western Circuit, was read, and approved of.

Message to the H. C. with it; about the Propositions that are to be sent to the King; and with L. Forbes's Petition.

A Message was sent to the House of Commons, by Mr. Hakewill:

To desire, that if they agree to send the Four Propositions to the King, that then the Members of both Houses, that are of the Committee of both Kingdoms, may communicate the same to the Scotts Commissioners this Afternoon, at Three a Clock.

2. To recommend to them the Lord Forbes' Petition, that some Course may be taken for his Relief.

3. To deliver to them the Pardon for some poor Prisoners in the Western Circuit, and desire their Concurrence therein.

Report from the Revenue Committee, concerning Landguard Fort.

"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm'r, the 23th of November, 1647.

"Upon Consideration had of the Certificate of Mr. George Payler, Surveyor General, of the Estimate Charge of repairing of Landguard Fort, in the County of Suffolke, made in Pursuance of an Order of this Committee; upon Consideration had of the Letter from Sir Thomas Fairefax of the 21th of October last, which are hereunto annexed: It is this Day Ordered, and it is the Opinion of this Committee, That the said Certificate and Letter be reported to both Houses of Parliament; and we desire the Right Honourable the Earl of Pembrooke to report them to the House of Peers."

Letter from Sir T. Fairfax to them, about it.

"My Lords and Gentlemen,

"Having a Charge lying upon me concerning all the Forces and Garrisons in the Kingdom, I conceive myself concerned to advertise your Lordships what I am assured of, concerning the present State of the Fort at Lant Guard Point, in Suffolke; the Repair whereof (as well (fn. 2) as the Pay established for it), as I understand, is to be issued out of the Revenue. I am very sensible of the great Importance of that Place, as being indeed (if it should miscarry) a dangerous Inlet upon those well-affected Countries of the Association, whose Safety is especially to be regarded, in reference to a Foreign Invasion or Intestine Combustion; as I am informed by many, especially by my Lord of Warwick, that the Fort is so far decayed, as that it will need Three Thousand Pounds to repair it: But I suppose this is not a fit Time for a Repair so complete as would require such a Sum. Yet I earnestly desire it may be speedily so repaired as to be made tenable against a Surprize, which now it no Way is; and this requires the more Haste, in regard there is an imminent Danger of a Breach into the Works by the Sea, if not timely prevented before rough Weather comes in, which would make it almost irreparable: And therefore I earnestly desire your Lordships would be pleased at present to issue forth a convenient Sum, of about Three Hundred or Four Hundred Pounds, to go in hand with the Work; and in that while to send down an honest Surveyor, who may truly inform you what will be necessary to make it for present defensible, and prevent further Ruin, that it may be issued forth accordingly. I have committed the Charge of that Place to Quarter-master General Ireton, one who (I doubt not) will be both trusty in managing what you shall find necessary to issue forth for the present Beginning of Repairs, as also for the safe Keeping of the Fort.

Putney, 21 Octobris, 1647.

"Your Lordship's humble Servant,
T. Fairefax.

"For the Right Honourable the Committee of Revenue. These."

"A Survey of Land Guard Fort, in the County of Suff. taken the Fifth Day of Nov'r, 1647; according to an Order from the Honourable Committee for His Majesty's Revenue, sitting at Westm. 30th of October last; (videlicet,)

Survey of Landguard Fort, and Estimate of the Expence of repairing it.

"That Land-guard Fort (commanding the Harbour at Harwich, accounted the most considerable Haven to the Northward) is raised at a Point of Land, shooting out from the Main Land about (fn. 3) a Mile; the Main Sea not being above Twenty or Thirty Yards from the Foot of the Fort at Low Water, and not above Twelve Yards at High Water; the Sea many-times flowing to the Top of the Bank without the Mote, and of late hath made a Breach therein; to the great Danger of the Fort. The Channel where the Shipping must come into Harbour (excepting some small Vessels at High Water) is not above Sixty or Seventy Yards from the Fort; the Ground whereon this (fn. 4) Fort is raised is all Shingle and Sand, which will make no upright or stedfast Work; but the best it can be brought unto will be so slope and oblique, that a Man may easily run up it, with a Musket on his Shoulder, without the Help of a Hand; and at this present is very much slipt down into the Mote, so that the Graft, which was at first too shallow, is much filled up; and the several Defects, together with the Charge of Reparations, estimatively, are as followeth; (videlicet,)

"Geo. Payler."

City Militia Committee authorized to raise Forces.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee for the Militia of the City of London shall have Power, from Time to Time, to raise any of their Forces within the said City, and to draw them forth, upon any emergent Occasion, within any Part of the Liberties thereof, and late Lines of Communication, for the Safety and secure Sitting of both Houses of Parliament."

Sacheverell, to be Sheriff of Nottingham;

"The Lords and Commons assembled in Parliament do nominate and appoint Henry Sacheverell Esquire, to be Sheriff of the County of Nottingham; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Hale, of Hertford;

"The Lords and Commons assembled in Parliament do nominate and appoint Rowland Hale Esquire, to be Sheriff of the County of Hertford; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Steward, of Sussex;

"The Lords and Commons assembled in Parliament do nominate and appoint Humphry Steward Esquire, to be Sheriff of the County of Sussex; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Savage, of Dorset;

"The Lords and Commons assembled in Parliament do nominate and appoint William Savadge Esquire, to be Sheriff of the County of Dorsett; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly.

Morgan, of Monmouth;

"The Lords and Commons assembled in Parliament do nominate and appoint William Morgan, of Pencrigge, Esquire, to be Sheriff of the County of Monmouth; and that the Commissioners for the Great Seal of England do issue a Commission unto him, to be Sheriff of the said County, accordingly."

Preston, of Somerset;

"The Lords and Commons assembled in Parliament do nominate and appoint John Preston Esquire, to be Sheriff of the County of Som'sett; and that the Com missioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Sir R. Earle, of Lincoln;

"The Lords and Commons assembled, in Parliament do nominate and appoint Sir Richard Erle Baronet, to be Sheriff of the County of Lincolne; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Pochin, of Leicester;

"The Lords and Commons assembled in Parliament do nominate and appoint George Pochin Esquire, to be Sheriff of the County of Leicester; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

and Chibhurne, of Essex.

"The Lords and Commons assembled in Parliament do nominate and appoint Hannaniell Chibburne, of Messing, Esquire, to be Sheriff of the County of Essex; and that the Commissioners for the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Propositions to be communicated to the Scots Commissioners.

"Ordered, by the Lords and Commons in Parliament assembled, That the Members of both Houses, that are of the Committee of both Kingdoms; do communicate to the Scotts Commissioners the Four Propositions to be sent to the King, this Afternoon, at Three a Clock."

"A Charge exhibited to the Lords assembled in Parliament, against Mr. Zachary Cawdrey, Fellow of St. John's Colledge, in Cambridge, and One of the Proctors of the University.

Charge against Cawdrey, One of the Proctors of Cambridge University;

"1. That Mr. Zachary Cawdrey is a Man very disaffected to the Proceedings of the Parliament, and opposite to the Work of Reformation, so much by them endeavoured in the University; which he hath testified, as by many other Ways, so particularly in,

"1. That he hath read the Book of Common Prayer, married with the Ring, and baptized with the Sign of the Cross, contrary to, and in Contempt of, divers Ordinances of Parliament in that Behalf.

"2. That he did not only refuse to yield Obedience to an Order of this Honourable House, bearing Date the 18th of August, 1647; but, in Contempt thereof, used these Words, at a Meeting of the Master and Seniors of the aforesaid College, "That he was not bound to take Notice of every Order of the Lords, and protested against whatsoever should be done by the Master and Seniors upon that Order;" or to that Effect.

"3. That when the King was in the Head of an Army against the Parliament, the said Mr. Zachary Cawdrey, praying in the College Chapel, did, in his Prayer, use these Expressions, "That God would prosper His Majesty in all His Designs, and confound all those that did either openly or secretly oppose Him;" or to the like Effect.

"2. That the said Mr. Zachary Cawdrey hath been aiding and assisting to the King, in the unnatural War against the Parliament, by Contribution of Monies."

"A Charge exhibited to the Lords assembled in Parliament, against Mr. George Hutton, Fellow of St. John's Colledge, in Cambridge, and Senior Regent of the University.

and against Hutten, Senior Regent there.

"1. That Mr. George Hutton, in Opposition and Defiance of the Well-affected to the Parliament in the University, did (at a Burial of One of his Pupils) procure one Mr. Harrison, a Man of notorious Disaffection, and debauched Life and Conversation, to read publicly, in the Face of the University, the Book of Common Prayer, contrary to divers Ordinances of Parliament in that Behalf; published to the Rejoicing and Encouragement of the malignant Party (whereof there are great Store) in the University and Town, and to the great Grief of all those that bear any Good-will to Reformation.

"2. That the said Mr. George Hutton hath been aiding and assisting unto the King, in the late War against the Parliament."