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 Mercurii, 24 die Martii.
E. of Rutland's Ordinance, for Money out of L. Campden's Estate.
Answer from the H. C.
Letter from the Scots Commissioners about Mr. Boyd.
Denham, a Pass.
Message to the H. C. about the following Particulars.
Message from the H. C. with an Order and Ordinance.
Johnson's Ordinance to be Rector of Baynton.
Deacon to be instituted to Nettlestead.
Ordered, That Dr. Aylett shall give Institution and Induction to Mr. Samuell Deacon, to the Rectory of Nettlesteed, in the County of Kent; presented thereunto by Mr. Edward Scott the Patron; he taking the Covenant: And this with a salvo Jure cujuscunque.
Letter from the E. of Stamford, with Papers about Belfast.
Next, a Letter from the Earl of Stamford, with divers Papers inclosed, concerning Belfast, &c. were read: (Here enter them.) And Ordered, That a Letter be written to the Earl of Stamford, in the Name of this House, to take Notice of his Readiness to serve this House, and of his Care and Diligence in the Transactions of Affairs, and to give him Thanks; and to let him know, That, with the First Conveniency, this House will take into Consideration his Return to London: And also that a Letter be written from this House to the Parliament of Scotland, to give Thanks for their Faithfulness in the Cause.
A Jewel to be sent to the E. of Leven.
Paper about the Scots Army in Ireland.
The Paper brought from the House of Commons, concerning the Scotch Army in Ireland, was read the Second Time, and to be considered of To-morrow Morning; and the Lords absent to have Notice, to be then present.
Message from the H. C. about the Ordinance to regulate Oxford University;
and with a Declaration and Order.
3. An Order for granting Power of Martial (fn. 1) Law, for the commanding of such Forces as are to go with Colonel Jones into Ireland. (Here enter it.)
Serjeant Glanvile will take the Covenant.
It is Ordered, That the Commissioners of the Great Seal of England do (fn. 2) tender it to him.
Compton, a Pass.
Heads for the Conference about transacting Business between the Houses.
The Speaker, at the next Conference, is to let them know, "the great Prejudice that comes to the Public Affairs of this Kingdom, by retarding the admitting of the Messengers of this House; therefore to desire them to give a quicker Admission for the future, that so the Business of the Kingdom may not receive Delay."
L. Delawar took the Covenant:
L. Herbert to take it.
Ordered, That the Lord Herbert of Cherbery shall have Notice, "That this (fn. 1) House intends to tender the solemn League and Covenant to him, when he comes next to this House."
Officers Petition, who suffered by the Rebellion in Ireland.
Lords to take the Covenant.
Duke of Richmond,
Marquis of Hertford,
Earl of Thanett,
Earl of Devon,
Earl of Kingston,
Earl of Dorsett,
Lord Howard of Charleton,
Answer from the H. C.
Declaration to free The States Ambassador from paying Excise.
It is this Day Declared, by the Lords and Commons in Parliament assembled, That their Intention was, and is, That Monsieur Albert Joachimi, Resident Ambassador for The States Generall of The United Provinces of the Low Countryes, shall have the like Immunities of Exemption, from paying any Excise, Custom, or new Impost, for any such Commodities or Things as are for his own Use, or consumed within his own Family, as Monsieur Reynswoud, and Monsieur Boreel, late Ambassador Extraordinary from the said States Generall of the United Provinces, formerly had; and they do order all Commissioners of Excise and Customs, and all their Under Officers respectively, to take Notice hereof, and to yield Obedience hereunto accordingly."
Order for Martial Law for the Forces going to Ireland.
It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That for the better Regulating and Ordering the Forces to be employed in this Service of Dublin, both while they are in England and when they shall come to Dublin, that Colonel Michaell Jones, Commander in Chief of the said Forces, shall have, and hereby hath, the Power of Martial Law, to proceed therein according to the Articles for the Army under the Command of Sir Thomas Fairefax, calling to his Assistance such Officers of the Army as shall be requisite."
Order for Money to be allowed, from the Excise, for Wilts, &c.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That the One Half of the Excise that is or shall be collected, within the Counties of Wilts, Dorsett, Som'sett, Devon, and Cornwall, and within the Cities and Counties of Bristoll and Exon, and the Town and County of Poole, be allowed for and towards the Payment of the Garrisons and Forces in the said Counties, Cities, and Places, unto the 25th Day of March, in the Year of our Lord 1647; and that Commissioners of Excise and their Sub-commissioners, for the several Places and Counties aforesaid, shall pay, or cause the same to be paid, from Time to Time, to such Person or Persons, for the Purposes aforesaid, as the Committee of the West shall appoint; and this Ordinance shall be their Warrant and Discharge for so doing."
Ordinance for the Commissioners of the Customs to re-pay themselves 20,000 l. advanced for the Navy.
Whereas Samuell Avery Alderman, Rich'd Bateman, Charles Lloyd, Christopher Packe, and Walter Boothby, of the City of London, Merchants, Commissioners for the Customs, at their Entrance upon the Receipts of the Customs, did advance unto the State, by Way of Loan, the Sum of Fifty Thousand Pounds, Twenty Thousand whereof, by virtue of an Ordinance of both Houses of Parliament, bearing Date the Tenth of March, 1644, they were enabled to re-pay unto themselves (by Way of Defalcation) out of the said Receipts, as the same did arise, from and after the 25th Day of July, 1645; but being, by the Committee of Parliament for the Navy and Customs, made acquainted that the pressing Necessities of the Navy could not then bear so (fn. 3) great a Defalcation out of the said Receipts without great Prejudice to the Service, at the Desire of the said Committee, hath hitherto forborn the same; and whereas the said Commissioners being lately by the said Committee made acquainted, that the Occasions of the Navy do necessarily require a further Sum of Twenty Thousand Pounds to be forthwith advanced, for carrying on the Affairs thereof, out of their Desires to serve the Parliament, have freely offered themselves ready to advance and lend the same unto the State: It is therefore Ordered and Ordained, by the said Lords and Commons in Parliament assembled, That the said Commissioners of the Customs shall, and the said Commissioners are hereby enabled to, re-pay unto themselves, by Way of Defalcation out of the said Receipts of the Customs, the said Sum of Twenty Thousand Pounds now by them to be advanced as aforesaid, with Interest for the Forbearance thereof, after the Rate of Eight Pounds per Centum pro Anno, as the same shall arise out of the said Receipts, at the End of Three Months, to be accounted from the Time of the sending thereof; and that the said Commissioners shall likewise be at Liberty to reimburse unto themselves (by Way of Defalcation), out of the said Receipts, the said other Sum of Twenty Thousand Pounds by them formerly advanced as aforesaid, with like Interest for the Forbearance thereof, for so long Time as the same shall be forborn, at such Time and Times as to the said Commissioners shall seem expedient: And the said Lords and Commons, for the Encouragement and further Security of the said Commissioners, do likewise Declare and Ordain, That the said Commissioners shall continue in the said Employment, and shall not be dismissed or removed from the same, until they be reimbursed the aforesaid several Sums of Money by them already advanced or lent, or to be advanced or lent as aforesaid, and all such other Payments and Allowances as by the said Ordinance of the Tenth of March, 1644, are ordained and appointed to them."
Letter from the E. of Stamford, in Scotland, with the following Papers.
"The inclosed Papers will give your Lordship an Account of our Proceedings in Pursuance of your Lordship's Commands; which we could do no sooner, because we did receive the Answers from the Parliament of Scotland but Yesterday, when the Committee did make an Apology for their Delay, which they said was occasioned by their Debate of Business of present and great Importance to their Kingdom. We have given in our Reply to the Parliament of Scotland this Day; and have sent Mr. Mosse expressly with those, because we believe some of our former Letters have miscarried. We do humbly desire that their Lordships would give their Resolution unto those Parts of the Scotts Papers wherein we are not intrusted, with as much Speed as may stand with their Lordships Conveniency; and then, we suppose, there will be no further Use of our Stay here, but that we may be recalled; which is (fn. 4) the humble Desire of him who in all Places, whithersoever he shall be commanded, will endeavour to approve himself,
(fn. 5) 1 Paper given to the Parliament of Scotland by the English Commissioners, concerning the Desire of a good Correspondency.
We, the Commissioners of the Parliament, have in Charge to represent unto your Lordships their great Desire to continue and maintain a brotherly Affection and good Understanding and Correspondency between the Parliament and Kingdom of England and the Parliament and Kingdom of Scotland; which as we are confident they will ever manifest in all their Actions and Proceedings, so we do assure your Lordships it shall be our actual Care and utmost Endeavour.
** 2d Paper. The 1 Answer of the Parliament of Scotland to the English Commissioners 1 Paper, concerning a good Correspondency. March 15, 1646.
"The Estates of Parliament doe retourne this Answere to the Paper of the 27th of February, given in from the Parliament of England: That this Kingdome is most desireous to continue and entertaine a good Correspondency and brotherly Affection betwixt the Parliament and Kingdome of Scotland and the Parliament and Kingdome of England: And as they have heretofore, soe they wil be still ready, at all Occasions, to manifest the same by their Actions; and are very confident of the like from their Brethren of England.
** 2d Paper. A Paper of the 27 Febr. given in by the English Commissioners, to the Parliament of Scotland, concerning Belfast.
"We, the Commissioners of the Parliament of England, have in Charge with all Earnestness to press the present Delivery of the Town of Belfast, in the Kingdom of Ireland, now possessed by some of your Forces, unto such Persons as the Parliament of Engl'd have or shall appoint to receive the same; it being none of those Places which by the Treaty were to be given into the Hands of the Scotts Forces: And because the Forces now in Ireland, who are appointed by the Parliament of England to garrison it, are, for Want of Harbour, exposed to such Extremities, that many of them are scattered and lost, and the rest much endangered, to the great Prejudice of the Kingdom of England, and Hindrance of the Service in carrying on the War against the Rebels; therefore we do earnestly desire, that your Lordships give present Order to those who command the Scottch Forces in Ireland, and especially to those in Belfast, that the said Town of Belfast, and the Castle in the same, be forthwith delivered to such as the Parliament of England have appointed, or shall appoint, to receive them, whereby those English Soldiers which remain will be relieved, and preserved from utter Ruin.
** The Answer of the Parliament of Scotland to the English Commissioners, concerning Belfast.
"The Estates of Parliament, haveing seene and considered the Paper given in to them from the Commissioners sent from the Honnorable Houses of the Parliament of England, of the 27th of February last, concerning the Delivery of the Towne and Castle of Belfast, do retourne this Answer: That the same Desire being given in from the Honnorable Houses of the Parliament of England to the Commissioners from this Kingdome at London diverse Moneths since, the Reasons given in against the same have yet received noe Answer from the Houses; besides that (for the cleering of the Matter of Fact) some of the Scotts Army, within a short Tyme after their Arrivall, did quarter in Belfast. Till after their Removall, Colonell Chichester, who had the Charge of that Place, did agree to the Cessation, and complyed with the Lord Ormond and with the Rebells, as will bee made cleerly to appeare; and that then Generall Major Monro, for Safety of that Place, and Good of the Service of the Crowne of England, did enter into and secure that Towne, which, if then neglected by him, would have bin in the Power of the Enemy; and alsoe the Scottish Army in Ireland (in regard of the Necessityes they have bin driven unto for Want of those Things which by Treaty were due to them) will not be able to secure their Quarters, nor doe the Service expected from them, if they quitt that Place, which hath bin and is constantly kept for the Good of the Service, and shal be patent to all Magazins, and other necessary Uses, for the Good of the English Forces: And since this Kingdom, in the Kingdome of England's greatest Extreamity, hath bin at vast Expence for the supplying of that Army, which is on the Pay and in the Service of the Kingdome of England, and hath suffered soe much Missery and Want, it were hard to presse them to expose themselves to soe apparrant Danger, and to quitt a Garrison soe necessary for their Safety; that Kingdome haveing had soe good Experience of the Affection and Faithfullnes of this Kingdome, and those intrusted by them in this Cause (that they will neither keepe or make Use of any Garrison further nor is necessary for the Safety of the Forces, and Good of the Service), as wee are confident they will not distrust them, nor insist in the Demaund of that Garrison soe long as the Scottish Army is imployed in the Service: Yet this Kingdome is soe willing to give all Sattisfaction to their Brethren of England, that they are ready, not only to render Belfast, but all other Places in Ulster; and that their Army shall retourne, being sattisfyed of their Arreares, and dismissed according to the Treaty; and that therefore this Parliament and the Scotts Army in Ireland are willing to appoint some Persons of Trust, to treate and agree with the Commissioners of the Honnorable Houses of the Parliament of England, either anent the Maintenance of that Army dureing the Continuance of the Service, or for sattisfyinge their Arreares.
** The 3d Paper given in by the Parliament of Scotland, concerning 4000 l. of the Brotherly Assistance.
"The Estates of Parliament ordayne the Earles of Lauderdaill and Lanericke, the Lords of Warriston and Lea, Archibald Sydserse, and Sir Alexand'r Wedderborne, who were formerly appointed to speake with the English Commissioners, that they may recommend to the Two Houses of the Parliament of England, for advanceing 4000 l. Sterlinge, out of the First and readyest of the brotherly Assistance yet due by the Parliament of England to this Kingdome, to be applyed for Releife of the Scotts Captives in Argier.
** Another Paper, of the 8th of March, given in to the Parliament of Scotland, concerning Belfast.
"We, the Commissioners of the Parliament of England, having given to your Lordships a Paper of the 27th of February, concerning the Delivery of the Town of Belfast, in the Kingdom of Ireland, unto such as are or shall be appointed by the Parliament of England to receive the same; the Justice of the Demand being (as we conceive) very clear, and a Business of very great Importance, especially now that more Forces from England are ready to go for the Service of Ireland: We do therefore earnestly desire your Lordships to give us your Answer with all the possible Speed which may stand with your Conveniency.
** The Reply of the English Commissioners to the Answer of the Parliament of Scotland, concerning Belfast.
"We, the Commissioners of the Parliament of England, have received your Lordships Answer of the 15th of March, unto our Papers of the 27th of February, concerning the Delivery of the Town and Castle of Belfast, unto which we make this Reply: That we do not know of any Reasons concerning it given in unto the Houses of the Parliament of England by your Commissioners at Lond. that have not received an Answer from the Houses; but, if there were any such, it is most evident, by their Letter to your Lordships of the 5th of February, that they were not satisfied with them: And to the Matter of Fact expressed in your Lordships Answer; we do assure your Lordships, that it will be made clearly appear, that, from the First Landing of the Scottish Army in Ireland, which was in April, 1642, until November following, which was about Seven Months, no Part of the Scottish Army ever quartered in Belfast, before which Time it was fortified, garrisoned, and maintained, by the Brittish Forces, and only by their Permission the Scottish Forces that quartered there were received into the Town, upon Promise that they should depart the Garrison, and find other Quarters, at Spring; that, when the Cessation was concluded by Marquis Ormond, Colonel Chichester (who then commanded the Garrison of Belfast) with his Regiment was in Service against Charlement, with the Scottish Army, where he stayed until the Siege did rise; and afterwards did keep the Field as long as any of the Forces of the Parliament in that Province; and that, after the Cessation, divers of the Rebels were hanged by his Orders; and he did join in sending forth Parties out of his Regiment against the Rebels, and in destroying their Corn; and had Shares allowed him of the Spoil as any other Colonel: And what Apprehension or Suggestions soever moved Major General Monroe to surprize and take the Town from Colonel Chichester as from an Enemy and Rebel; yet, when the Scottish Forces came into that Garrison of Belfast, he was permitted by the Scottish Army to stay in the Castle with a Hundred Men, and the rest of his Regiment to quarter near to it; and a good while after did enjoy the Benefit of his Estate (lying near that Garrison), and dispose of his Stock, which we know the Scottish Army would not nor could have permitted, if then Colonel Chichester had agreed to the Cessation, or done any other Act to declare him an Enemy to the Parliament: Therefore, considering that Colonel Chichester did not appear guilty of any Thing that might forfeit his Trust in that Garrison before the Scottish Army did enter into it, what Faults soever he was guilty of afterwards (for which we condemn him, as we have Reason more than others); yet there was no Ground, either by the Treaty betwixt the Kingdoms or in Reason, why the Scottish Army should seize the Town and Castle of Belfast, much less keep them after they were demanded by the Parliament of England for the necessary Use and Support of the English and Brittish Forces: And however we have Cause to repose great Trust in the Army and Forces of Scotland that are in Ireland, and rest confident that the said Garrison would be patent to all Magazines, and other necessary Uses, for the Good of the English Forces; yet, seeing the Scotts Army and Forces in Ireland are by the Treaty not to be commanded by any of the English or Brittish (except the Lord Lieutenant or Deputy of Ireland himself), we refer it to your Lordships to judge what Inconveniencies may possibly happen, if the Magazine of the English and Brittish Forces should lie in a Place where the Garrison were only of your Army; so as we most earnestly desire your Lordships again to take into your Consideration the Justice of our Desire, to have the said Town and Castle of Belfast delivered into the Hands of such as the Parliament of England have or shall appoint to receive the same.
"But to those Things which your Lordships propose concerning the Maintenance of your Army during the Continuance of the Irish Service, or the withdrawing of them, satisfying their Arrears, we are not intrusted in them; but shall speedily represent them, together with your Papers concerning the Money behind upon the brotherly Assistance, unto both Houses of the Parliament of England, who, we are assured, will give such an Answer as shall speak them willing to give all the Satisfaction in their Power to their Brethren of Scotland, as those with whom they earnestly desire the Continuance of a good Understanding and Correspondency.
Ordinance to give Books added to Archbishop Bancroft's Library, to Cambridge.
"Whereas there are divers Books in the Study over the Cloisters in Lambeth, amongst those of Archbishop Bancroft's, which, by Order of both Houses of Parliament, bearing Date the 15th of February, 1646, were given, granted, and confirmed, to the Chancellor, Masters, and Scholars, of the University of Cambridge, and their Successors for ever, as by the said Order more at large may appear, which said Books were added to those of Archbishop Bancroft's by his Successor Archbishop Abbott and others, for the perfecting and compleating of that Library, from which they cannot now be severed without much Prejudice thereunto: Be it therefore hereby Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, That all the said Books so added as aforesaid shall be, and are hereby, given and granted to the said Chancellor, Masters, and Scholars, and their Successors for ever, to remain, with those so formerly given as aforesaid, in the Public Library of the said University, for their Public Use."
Ordinance for Money for the Earl of Rutland, out of Ld. Campden's Fine.
"Whereas, by Ordinance of Parliament, dated the 27th of October, 1645, there was One Thousand Five Hundred Pounds per Annum allowed to the Earl of Rutland, out of the Lord Viscount Campden's Estate, until Five Thousand Pounds were levied out of the same; and whereas, upon Report from the Commissioners at Gouldsmiths Hall this Day reported, it appeareth that the said Viscount hath, since that Time, by the Favour of both Houses of Parliament, been allowed to compound, and hath compounded with the said Commissioners, for his said Estate, and, in Pursuance thereof, paid the First Payment of such his Composition-money; and that the said Commissioners at Gouldsmiths Hall hath thereupon not only suspended the further Sequestration of the said Viscount's Estate, but all Benefit accruing to the said Earl out of the same: It is now therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Gouldsmiths Hall do forthwith examine what hath been already received by the said Earl of Rutland, or to his Use, upon the said Ordinance of the 27th of October, One Thousand Six Hundred Forty-five, and to give Allowance thereof unto him; and what shall appear to the said Commissioners to be paid to the said Earl of the said Five Thousand Pounds so formerly allowed unto him, that the said Commissioners shall likewise make full Payment and Satisfaction thereof unto the said Earl, out of the Residue and Remainder of the said Lord Viscount's Fine, for his said Composition, not yet paid."