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 Lunæ, 22 die Martii.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Hereford.
Ds. De Lawarr.
Dr. Gibbon's Order.
Dr. Gibbon's Order was read, and Agreed to.
(Here enter it.)
Message to the H. C. with Ordinances; and for a Conference about the Army quartering in the Eastern Association, &c.
A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:
1. To deliver to them the Ordinance concerning the regulating of the University of Oxon, with the Alterations; and to desire their Concurrence therein.
2. To deliver to them the Ordinance concerning the Library at Lambeth to be given to the University of Cambridge, and desire their Concurrence therein.
3. To deliver to them the Ordinance for making Christopher Jelinger Minister of South Brent, in the County of Devon; and to desire Concurrence therein.
4. To deliver to them the Ordinance for making Mr. Amerideth Minister of (fn. 1), in the County of
5. To put them in Mind of adding Mr. Sam. Bolton to be One of the Assembly.
6. To desire a Conference To-morrow Morning, at Ten of the Clock, (fn. 2) touching something concerning the Army.
Col. Allen, a Habeas Corpus.
The House being informed, "That Lieutenant Colonel Allen is arrested and imprisoned for Debt, upon Execution:"
It is Ordered, That the Clerk of the Crown in Chancery shall issue out a Writ of Habeas Corpus cum Causa, returnable immediate, to bring the said Lieutenant Colonel Allen before the Lords in Parliament.
Nicholas, his Creditor, to attend.
Upon reading the Petition of John Nicholas, One of the Creditors of the said Lieutenant Colonel Allen; complaining, "That he owes him Eighty Pounds, and desiring to be secured of his Debt before the said Allen be released:"
It is Ordered, That the said Nicholas shall attend this House when the said Allen is brought; and then, upon Hearing of both Parties, this House will give further Direction.
Ordinance to repair Churches, &c.
An Ordinance for repairing of Churches and Chapels, was read Twice, and Ordered to be committed to a Committee of the whole House.
And accordingly the House was adjourned during Pleasure, to take the same into Consideration.
The House being resumed;
The said Ordinance was reported as fit to pass, with some Alterations, which were read; and then the said Ordinance was read, with the said Alterations, and Agreed to.
Message from the H. C with an Ordinance for Pierrepoint to have the E. of Kingston's Fine.
A Message was brought from the House of Commons, by Sir John Evelyn:
That, upon the Grounds mentioned in a Petition of Wm. Pierrepont Esquire, they have thought fit to grant to him the Benefit of the Fine of Henry Earl of Kingston, wherein they desire their Lordships Concurrence.
The said Petition was read. (Here enter it.)
Next, the said Order for granting the said Fine to Wm. Pierrepont Esquire, was read Once, and Agreed to. (Here enter it.)
The Answer returned was:
That this House agrees to the Order concerning Mr. Pierrpont, as it now came up.
Sir W. Constable's Order for his Arrears.
The Order for paying to Sir Wm. Constable Nineteen Hundred and Eighty-four Pounds, Three Shillings, and One Penny, due to him upon Accompt, for his Arrears for his Entertainment, was read Once, and Agreed to.
(Here enter it.)
Officers Pet, for Arrears, and offer to serve in Ireland.
A Petition was presented to this House, from divers Colonels, Lieutenant Colonels, &c.; and being received, it was read; and (fn. 3) they departed.
(Here enter it.)
Answer to them.
They were called in again, and had this Answer: "That this House gives them Thanks for their good Affections to this House, and their Service to the Kingdom and Parliament; and they take it well concerning their Offer for Ireland, and concerning their Arrears, their Lordships will do their Parts, and will take their Petition into Consideration."
Letter from the L. L. of Ireland.
A Letter from the Lord Lieutenant of Ireland, dated from Corke, the 12th of March, 1646, was read.
(Here enter it.)
Letter from the Scots Commissioners.
A Letter from the Scotts Commissioners, was read.
(Here enter it.)
Ordered, That the Committee concerning the City Petition shall meet To-morrow Morning, at Nine a Clock.
Committee for Petitions.
Ordered, That all the Lords now present, that are not of the Committee for Petitions already, shall be added.
Ordinance to reduce the Interest of Money.
Ordered, That the Ordinance concerning Interest of Money shall be taken into Consideration To-morrow Morning.
Order for Dr. Gibbon to be restored to the Donative of of Sevenoak.
The House having again taken into Consideration the whole Matter which concerneth Dr. Gibbon; and having fully informed themselves of the Nature of the Rectory of Seaven Oake in Kent, that it is a Donative whereof he was possessed as of a Lay Fee, and without Cure, and therefore ought not to have been sequestered by the Committee of plundered Ministers; and again reflecting on the Desires of the Divines of the Assembly in their Attestation concerning him, and on the Certificate of some of the Committee of Kent on his Behalf, to the Copies of both which, and of other Transactions in this Case, we refer you; lastly and chiesly, in reference unto the Tender he maketh unto the Christian Church, tending to Reconciliation; and rendering him unto you as a Person that may be useful unto this Church and State: We do, upon the whole Matter, think fit that you do immediately restore the said Dr. Gibbon, and set him in Statu quo, and to what other of the Profits of the said Rectory are yet ungathered, that so necessary a Work may be no longer retarded, and that he may be the better prepared when the Two Houses shall call for him.
Letter from the L. L. of Ireland, at Cork, concerning the State of Affairs in that Country.
For the Right Honourable the Earl of Manchest'r, Speaker of the House of Peers.
"I think it my Duty to give the House frequent Accounts of their Service here; otherwise I should rather stay writing till I had something better worth your Lordship's Pains of Reading. In the First Place, to give you a Relation of your Strength in this Province; upon the best Enquiry I can make, I find that Four Thousand Foot (leaving our Garrison manned) is the most which we can carry into the Field. The Musters, I fear, will make another Account; to regulate which, is One of our present Works. The new Regiments are pretty strong; of the old ones, few able to send Two Hundred Men into the Field. Of serviceable Horse, Five Hundred, I believe, is the most; which makes us expect with great Impatience a Thousand good Horse which lie still by the Waterside, for Want of the Money and Shipping appointed to transport them: For the disposing of this Force here, several Councils of War have been called, by the Advice of which (a few Days since) I had given out Orders for the drawing out our Men to besiege a Castle upon The Blackwater; but upon the Reports of those Persons to the Council of War (who were employed for the fitting the Train of Artillery, and providing of Victuals) of the Defects in those, was advised by them to desist for the present from that Undertaking, and to send such a Strength of Horse and Foot to lye upon the Side of The Blackwater as could find Quarters there; to expect Opportunities to employ our Forces upon the Enemy, who hath several Garrisons upon that River mingled amongst ours: Some Troops already advanced to this Purpose, others are going; and, after this Dispatch made, I intend to go into those Parts, to inform myself the best I can how this little Force may be made serviceable. And I doubt not (by the Grace of God) but that with these we shall keep them doing till the Strength which we hear is intended comes to us; and then indeed I cannot doubt of your Prosperity in this War. We do not hear that they have any Army about Dublin. However, having received Notice from the Committee at Derby House, that the Offers of the Marquis of Ormond to render that Place and others to the Parliament were accepted; and being informed that he had but Ten Barrels of Powder in his Store; by the Advice of the Council, I presently dispatched a Ship to him, with Twenty Barrels of Powder, and Match proportionable. Now I begin to think I have troubled your Lordship too long; and so, wishing all Prosperity to your Affairs, I rest
Corke, the 12 March, 1646.
Letter from the Scots Commissioners, that there are some appointed to join with English Commissioners, to obtain the King's Assent to the Propositions.
"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.
"Wee are advertised, by an Expresse from the Parliament of Scotland, that they have appointed Commissioners to joyne with Commissioners of both Houses, for obtayning His Majesty's Assent to the Propositions of Peace; and that the Earle of Lauderdaill (whome wee expect once this Weeke) is comeing hither, with Power and Instructions for that Purpose to his Lordship and their other Commissioners in England; which being all wee have to say at this Tyme, wee rest
Worcest'r House, 22th March, 1647.
Most humble Servaunts,
Pierrepoint's Pet. to have the E. of Kingston's Fine, in Consideration of his Losses.
"To the Honourable the Commons assembled in Parliament.
The humble Petition of William Pierrepont Esquire, a Member of this Honourable House;
That your Petitioner hath lost in his Rents, and is damnified in his Estate, by the late Wars, to the Value of above Thirteen Thousand Pounds; and also that his House in the County of Salop was, in the Beginning of this War, made a Garrison for the Parliament, by Sir Will'm Brereton and the Committee of that County, which House was taken by the Enemy, who for a long Time kept it a Garrison, and after did burn it, to your Petitioner's Damage above Seven Thousand Pounds; which your Petitioner's Losses are well known to divers Members of this Honourable House.
Your Petitioner further sheweth, That his Brother the Earl of Kingston hath only an Estate for Life in all his Lands (except in some Things of small Value), the immediate Remainder being settled on your Petitioner for a valuable Consideration; so as his Brother cannot sell or lay any Charge on the said Lands but for his Life, unless your Petitioner join with him; and his said Brother doth owe unto your Petitioner the Sum of Five Thousand Pounds, as hath been made to appear before the Honourable Committee at Gouldsmiths Hall; and for that the Committees of the Counties of Nottingham and Derby have, from the Beginning of these Wars, had under Sequestration and Contribution, for the Use of the Parliament, Lands conveyed by your Petitioner to his said Brother, valued in the Particular returned into Goldsmiths Hall at above Thirteen Hundred Pounds Yearly, which otherwise ought to have been in your Petitioner's Hands from and after the Decease of the Earl of Kingston his Father;
He therefore humbly prayeth this Honourable House, to let him have his Brother's Fine, which is rated by the said Committee at Gouldsmiths Hall at Seven Thousand Four Hundred and Sixty-seven Pounds, which he shall most willingly receive in full Satisfaction from the Parliament of all his Losses (fn. 4) and Damages; else the Truth is, by reason of his Brother's very great Debts of above Fifteen Thousand Pounds, besides Five Years Interest contracted before these Times which himself can no otherwise pay than out of his Revenues during his Life, the Charge of the said Fine will rest upon your Petitioner, who must raise the said Money, or his Brother remain under Delinquency; which rather than he should do, your Petitioner will undergo any Damage in his Estate.
"And he shall ever pray, &c."
Order for it.
Upon reading the Petition of Wm. Pierrepont Esquire: It is Ordered, That the Sum of Seven Thousand Four Hundred Sixty-seven Pounds, set upon Henry Earl of Kingston, by the Committee at Goldsmiths Hall, as a Fine for his Delinquency, be granted and paid unto William Pierrepont Esquire, Brother of the said Earl of Kingstone, in Consideration of the Grounds mentioned in the said Petition, and in full Satisfaction of all the Losses and Damages sustained by the said Will'm Pierrepont since these unnatural Wars.
Order for 1984 l. 3s. 1d. to Sir W. Constable, for his Arrears.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Nineteen Hundred Eighty-four Pounds, Three Shillings, and One Penny, due unto Sir William Constable, upon his Entertainment in the Service of the Parliament, as appears by the Certificate of the Committee of Accompts this Day read and allowed, be paid unto him, out of the growing Profits of the sequestered Estate of Will'm Middleton Esquire, in North Duffield, in the County of Yorke, a Papist, in Arms against the Parliament, in full Satisfaction of all Dues and Claims demandable by the said Sir Will'm Constable upon his Entertainment in the Service of the Parliament; and that the said Sir Will'm Constable do enjoy and receive the Profits and Advantages of the said Estate, upon Accompt, until the said Sum of Nineteen Hundred and Eighty-four Pounds, Three Shillings, and One Penny, so due as aforesaid, be fully received by him; and the Committee for Sequestrations in the County of Yorke, the Tenants and Farmers to the said Estate, or any others who are concerned in the collecting, paying, or receiving, the Profits of the said Estate, are hereby required and enjoined to pay over, from Time to Time, the growing Profits of the said Estate unto the said Sir Will'm Constable, or his Assigns, until he be fully satisfied, and shall have received, the said Sum of One Thousand Nine Hundred Eightyfour Pounds, Three Shillings, and One Penny, out of the Rents and Profits of the said Estate; and that the Acquittance of the said Sir Will'm Constable, or his Assigns, shall be from Time to Time a sufficient Warrant and Discharge to the said Sequestra tors, Farmers, or Collectors, upon the passing of their Accompts, for the Payment of the Rents and Profits of the Estate of the said Will'm Middleton Esquire, lying and being in North Duffield, in the County of Yorke aforesaid, in Manner as aforesaid."
Officers Pet. for their Arrears to be paid;—or Religion to be setted;—County Committees to be dissolved; —offering Assistance for Ireland, &c.
To the Right Honourable the Lords in Parliament assembled.
The humble Petition of Colonels, Lieutenant Colonels, Majors, and other Officers, that have faithfully served the great Cause of the Kingdom, under the Authority of Parliament;
That your Petitioners having faithfully served you in the Maintenance and Settlement of Religion, according to the Tenor of the National Covenant taken by them, of the Liberty of the Subject, and of the Privileges of Parliament, in the Time of the Kingdom's greatest Exigents (which were the principal Ends for which they were at first engaged), and cannot but hold themselves bound in Honour and Conscience, in Concurrence with many others, to tender to your Honours Considerations such Things as they in all Submission do conceive exceedingly conducing to the speedy effecting of the said Ends, together with their own sad and neglected Condition; humbly desiring your Honours favourable Construction to their good Intentions therein, and opportune and timely Answer unto these ensuing Particulars; (videlicet,) as followeth:
1. First, That the Public Worship of God may speedily be settled, according to the Word of God, and the Example of the best Reformed Churches.
2. Secondly, That the Subject may have the Benefit of Magna Charta and the Petition of Right, so far forth as may comport with the Necessities of the Kingdom.
3. That all Committees in the several Counties may be removed; and that they, the Treasurers and Sequestrators of the said Counties, may be called to a speedy and strict Accompt, for the better Satisfaction and Ease of the Kingdom.
4. That the Arrears of such Officers as have served under any general Command may have their Accompts speedily audited in London; and that a special Order may be issued to the several Committees of Accompts residing in other Counties, forthwith to audit the Accompts of such Officers as have been subservient to the Orders of the Committees of the said Counties.
5. That such Pay as shall appear due unto the said Officers under the Hands of the Committees of Accompts, according to the Establishment, may be forthwith paid unto them, with Interest; and the Ordinance upon the Bishops Lands, with the Security of the Excise, may be revived for the Discharge thereof; and that, for such Part as is respited upon the Public Faith, it may be discharged, with Interest, at the End of Six Months, deducting the Surcharges of the several Counties; and that an Order may be issued to the said several Counties, to bring in their Surcharges of the several Counties; and that an Order may be issued to the said several Counties, to bring in the Surcharges within the Time of Three Months, or otherwise they shall not be charged on our Accompts (that so all of us may not be utterly ruined, as some of us already are, by long and tedious Solicitations, nor your Justice blemished through our Necessities and Sufferings).
6. That all such Officers and Soldiers as have contracted any Debts since this War began, in order to the carrying on of the Public Service, either for Want of the Payment of their due Salary, or by reason of their own Disbursements, may have their Persons freed from all Process, Arrest, or Molestation, until their Arrears shall be discharged; and that then their Creditors shall be proportionably satisfied, and the said Officers left to the usual Course and full Power of the Law as formerly.
"7. That an Act of Indemnity may be passed, for all Officers and Soldiers, for such Actions as have been done by them in Reference to the Public Service since the Beginning of this War.
"8. That all such Officers as have lost the Benefit of their Estates, and have disbursed divers Sums of Monies for the raising of Men, Horses, Arms, or Ammunition, or in the managing of their Public Trusts, shall be considered for their said Losses, and allowed for their said Disbursements, upon just Proof thereof made before the Committees of Accompts; and that the said Committee shall have special Order given them to audit such Disbursements when they shall be brought unto them.
"9. That, not forgetting your Honours tender Care of the sad Condition of bleeding Ireland, and that nothing may be wanting on our Parts towards the promoting of so honourable and pious a Work, some of us have engaged ourselves already, and the rest are most ready to contribute their best Assistance thereunto, even as your Honours shall be pleased to command us.
And, in Pursuance of a full Establishment of the Particulars aforesaid, as in your great Wisdoms shall be thought most convenient, your Petitioners do offer their uttermost Service and Assistance, with their Lives and Fortunes.
And shall ever pay, &c.
T. Essex, Colonel.
Richard Sandys, Colonel.
Math. Alured, Colonel.
Ja. Mydhope, Colonel.
Nich. Devereux, Colonel.
Jeremy Baynes, Lieutenant Colonel.
James Baker, Lieutenant Colonel.
Ro. Wiltshire, Lieutenant Colonel.
John Butler, Colonel.
Walt. Warneford, Lieutenant Colonel."
House adjourned till 10a cras.