Die Veneris, 2 Junii.
PRAYERS, by Mr. Marshall.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ward's Ordinance to be Minister of Althorp.
Upon the Petition of Nath. Warde; desiring "to
have the Parsonage of Althorpe, in the County of
Lyncolne, conferred upon him, now void by the Death
of Hierome Phillips, and in the King's Gift:"
It is Ordered, That an Ordinance be brought, for
presenting the said Mr. Warde to the said Living.
Marq. of Argyle's Order for 35,000l.
An Ordinance was brought in, for paying Thirty
Five Thousands to the Marquis of Argyle, or his
Assigns; and, being read, was passed.
Kirk and Fawcet.
Ordered, That Fosset, now in Custody
of the Gentleman Usher at the Complaint of Kirke,
shall be released; giving Bond to appear before this
House when he shall be summoned.
Mountague's Liberty prolonged.
Ordered, That Mr. Walter Mountagu shall have
Liberty, as now he hath, for Six Months longer, upon
the same Security he now stands bound in; he having
never been in Arms, nor engaged himself against the
Parliament; and therefore the Lords make a Difference
between him and others that are committed.
Eltonhead and Cockayn.
Upon hearing the Counsel of Mr. Eltonheade and
Mr. Cockayne; this House declares, "That when Mr.
Eltonhead made his Complaint to this House, it was
not (fn. *) the Intention of the House thereupon to give him
any Possession, either in House or Land, but such as
he rightfully had and enjoyed Six Months before the
Time of his Complaint, and claiming of his Privilege of this House as an Attendant of this House:"
And therefore it is Ordered, by the Lords in Parliament assembled, That they continue the same Possession they had before the Order of this House in
Peace, until there be an Eviction by a Trial at Law,
and Determination in Court of Equity, where the
Cause now depends, to which this House leaves them.
L. Admiral's Account of his taking Possession of the Fleet.
Next, the Lord Admiral made a Report to this
House, of his going into The Downes, to take Possession
of the Fleet: And divers Papers were read, being a
Narrative of the Business. (Here enter them.)
Ordered, That these Papers be communicated to
the House of Commons.
Message to the H. C. with Papers concerning it;-and for Mountague's Liberty to be prolonged.
A Message was sent to the House of Commons,
by Doctor Bennett and Mr. Eltonheade:
1. To communicate the Papers which the Lord Admiral reported to the House this Day, concerning the
2. To deliver the Sense of this House unto them,
concerning a further Liberty to be granted to Mr.
Meeting of the Committees and the Common Council.
The Earl of Pembrooke reported, "That the Committees of both Houses were Yesterday at the Common Council at London, and made them a Narrative of
the Proceedings of both Houses concerning the Kentish
Business: To which the Common Council returned
an Answer, which was spoken by Mr. Alderman
Answer of the Common Council.
Which, being in Writing, was read, as followeth.
(Here enter it.)
Ordered, That the Proceedings, with this Answer,
shall be printed and published.
Ordinance against Blasphemies, &c. to be sent to Scotland.
Ordered, That the Votes of the Sixth of May,
sent into Scotland, shall be printed, and sent, with the
Ordinance against Blasphemies, to our Commissioners
in Scotland, by the Committee at Derby House, that so
they may (fn. *) be published in Scotland.
Representation of the E. of Warwick concerning his taking Possession of the Fleet; and Papers concerning the Ships that had revolted from the Parliament.
"A Representation of the Proceedings of the
Earl of Warwick, Lord High Admiral, in order to the reducing of such Ships at The
Downes as have revolted from the Parliament's Obedience.
"31 May, 1648.
"His Lordship, having received his Commission on
Monday the 29 of May at Night, did, on Tuesday the
30th, in the Forenoon, begin his Journey; and, going
by Land to East Tilbury in Essex, did embark himself
in The Nichodemas Frigat (being commanded there to
attend his Lordship's coming); and this Day, about
Ten in the Morning, came into The Downes, with the
Flag in the Main Top.
"When The Nichodemus was off The North Foreland,
The Hind Frigatt was discovered to make towards
her; and, before The Nichodemus was at Anchor,
came up with her; and some aboard The Hinde hailing
The Nichodemus, upon hearing that the Earl of Warwicke was aboard, did salute his Lordship with Seventeen Guns, which The Nichodemus answered with
Seven Guns; his Lordship interpreting that Entertainment as an Argument of their Intentions to submit
unto the Parliament's Authority, though his Lordship
did much doubt the same, for that the Flag was kept
up in the Main Top of The Reformation, notwithstanding his Lordship's Approach, as it was also continued
during all the Time of his Lordship's Stay.
"Shortly after, there came aboard The Nichodemus,
out of The Hinde Frigatt, in One Boat, Captain Harris
Captain of The Swallow, Captain Penrose Captain of
The Sattisfaction, Lieutenant Laurence Lieutenant of
The Swallow; in another Boat, Two Kentish Gentlemen, (videlicet) Captain Richard Bargrave and Captain Hamond, who termed themselves Commissioners
from the County of Kent, and with them Major Kem,
the Boatswain, Carpenter, and Gunner's Mate of
The Constant Reformation (wherein the Vice Admiral
did lately serve), and divers others. After coming
aboard, his Lordship had Notice, by Captain Penrose
and Captain Harris, that, till the Night before,
being Tuesday, the Seamen were resolved to submit to
his Lordship. But then one Bargrave, Dean Bargrave's Son, who had been eminently active against the
Parliament, with another Captain of the King's, was
admitted aboard The Reformation; and had infused
such desperate Principles into the Seamen, that they
wholly deserted their former Resolutions, and were
resolved, not to admit his Lordship aboard without his
Engagement with the Kentish Gentlemen.
"Bargrave and Hamond coming to his Lordship into
the Captain's Cabbin, they suggested, that the Seamen had, by a solemn Oath, joined in the Kentish
Engagement; and that it would be expected, before
his Lordship's Admittance aboard The Reformation, he
should engage with them; and therefore desired his
Lordship's Testification thereof under his Hand, to
the End it might be shewed unto their Committee in
"His Lordship professed his earnest Desire of a safe
betwixt the King and the Parliament, and
that he would use his best Endeavours in that Behalf;
but refused to sign to any such Engagement. And
they leaving it to his Lordship to consider thereof, he
did, after their Withdrawment, resolve of this Answer as to them: That he (fn. *) came down, by Command
of the Parliament, to receive the Fleet into his
Charge; that he had only to do with the Seamen;
that the Trust reposed in him had no Relation to the
Business of Kent; and that therefore he could not
take Cognizance of any Thing they proposed; but
withal to offer to them, to give what they had to say
in Writing; upon which his Lordship intended to
make Answer to the Purport as aforesaid, and transmit the same to the Houses. But they afterwards (on
the Proposal thereof) alledging, that they could not
give any Thing in Writing without Warrant from
their Committee, his Lordship gave them Answer by
Word of Mouth to the same Effect.
"After their Withdrawment from the Cabbin, his
Lordship applied himself to Major Kem (who says
he was by the Ship's Company invited aboard The
Reformation), and to the Officers of that Ship, letting them know, that the Parliament had intrusted
him, as Lord Admiral, to take the Fleet into his
Charge, and had given him Power to indemnify such
of the Mariners as submitted to his Command: They,
in Answer thereof, insisted upon a Remonstrance of
theirs, dat. 28 May Instant, whereby they declared,
That they had unanimously joined with the Kentish
Gentlemen, in their Petition to the Parliament, to these
"1. That the King's Majesty may with all Expedition be admitted, in Safety and Honour, to
treat in Person with the Two Houses of Parliament.
"2. That the Army now under Command of the
Lord Fairefax be forthwith disbanded, their
Arrears being paid them.
"3. That the known Laws of the Kingdom may
be established and continued.
"4. That the Privileges of Parliament, and the
Liberty of the Subject, may be preserved;
which Particulars the said Officers urged, as
that which the Company would expect before
his Lordship's Admittance aboard.
"To the First of which, his Lordship answered,
That the Parliament had passed some Votes concerning a Personal Treaty, wherein his Consent was involved.
"To the Second, That as soon as such a Treaty as
the Parliament shall agree upon shall have produced a
safe Peace, his Lordship should join his Endeavours
to take off whatever might be a Charge to the Kingdom: But that a present Disbanding, as Affairs now
stand, might hazard the Parliament, and consequently
subject to Danger the Protestant Cause throughout
Christendom; and therefore, as to those Two First
Proposals, he must qualify his Answer as aforesaid.
"To the Two last, as to fundamental Laws, Parliament's Privileges, and Subjects Liberties, his Lordship signified, he should willingly concur.
"His Lordship further urged, That they had no
Reason to press him to any Engagement with the
County of Kent in their Petition, it not appearing to
his Lordship what the Petition in Truth is; he believing withal that the same was delivered Yesterday, and doubted not but the Parliament had given
such an Answer thereunto as was meet; which, whether it were in Allowance or Disallowance thereof, it
concerned not his Lordship to interest himself therein,
for that it would have been useless if the Matters
therein prayed were already granted, and repugnant
to the Parliament's Pleasure if denied; and therefore,
and because he had only to do with the Seamen and
Fleet, his Lordship concluded, he could as to that
give no other Answer.
"His Lordship did further let them know, that it was
his Intention to go aboard The Reformation, and to receive the Fleet into his Charge, according to his Commission.
"To which the said Major Kem and Officers replied, "That they would go aboard The Reformation,
and represent with Faithfulness his Lordship's Sense,
and bring their Answer; desiring that Captain Penrose
might accompany them, to testify their Carriage in
this Business." After some Stay, the said Major
Kem and Officers returned, and with them young
Bargrave the other Captain, and divers more of the
said Ship's Company; who delivered unto his Lordship the Paper hereunto annexed, desiring a Treaty
betwixt his Lordship and the said Gentlemen, and
acquainting his Lordship that he could be admitted on
board upon no other Terms.
"Captain Penrose, returning with these, set forth
the Height of the Distemper aboard, the Discourse
amongst them concerning the Shooting at his Lordship's Flag, which would have been executed if the
Gunner had not prevented it, and their total Resolution against Compliance with his Lordship (Young
Bargrave being then found aboard, and still encouraging them jointly and severally in Ways of Disobedience, with Promises and Threats). This Paper
concerning a Treaty being read by his Lordship, and
the said Mr. Bargrave and Hammond urging his Lordship to go with them into Kent in Pursuance of that
Desire of a Treaty, promising him Accommodation
and Security; suggesting the great Opportunity that
was now in his Lordship's Hands to serve the Public
Peace; and beseeching, that if he would not treat
(which his Lordship declared he had no Commission
to do), yet he would repair with them to Rochester,
that the Committee there might manifest to him the
Truth of their Proceedings: His Lordship would by
no Means consent thereunto; alledging that he had
no Commission in that Behalf; but resolved of the
Answer hereunto annexed: Which being delivered
to the said Officers and Mariners then aboard The Nichodemus (who were also chosen by The Reformation's
Company to receive his Lordship's Answer, and to
return such Resolutions thereupon as they should see
Cause), they excepted against his Lordship's longer
Stay, his carrying away of The Nichodemus, his
wearing the Flag in the Main Top; and declaring,
that either he must go up in a small Ketch then attending at The Downes, or else they would set him
ashore to go up by Land; and at last offering to let
him have The Nichodemus, upon the Engagement of
his Honour that he would return her to them; pressing him withal to hasten up, and represent to the
Two Houses their Desires, that his Lordship, or he
and some other Commissioners, might be sent to treat
with the Gentlemen of Kent; and at last delivered his
Lordship the Answer subscribed to his Lordship's
"After this, the Seamen continued to express their
Resolution that his Lordship should not have The Nichodemus, being provoked thereunto by the Two
Bargraves and Hamond, till the said Hamond was prevailed with to urge it from some Reasons offered by
his Lordship; (videlicet,) the Seamens Invitement of
his Lordship down, and their own Engagement by
their Paper of this Day, "That, if his Lordship
and the Gentlemen of Kent did not agree, he might
return to London in his own Ship."
"Which convincing the said Hamond, he was prevailed with to deliver his Sense to the Seamen in his
Lordship's Presence, and to declare his Consent.
They all concurred; yet with an Intimation, that they
expected the Vessel to be sent back again to them;
though his Lordship kept himself free from any Obligation in that Behalf.
"After this, the Gentlemen, Officers, and Mariners,
left his Lordship; who taking into Consideration the
Violence of the Seamen, the Uncertainty of their
Resolutions, and the lying of The Nichodemus under
the Command of the Ships and Vessels, did shortly
after direct The Nichodemus to weigh Anchor, and
with her called off the Ketch, who cut her Cable,
and followed; and his Lordship summoning a Council of War, the Resolutions hereunto annexed were
"1 Junii, 1648. Near unto Tilbury Hope, his Lordship heard of some Defeat given to the Kentish Forces
by the Lord General's Forces; whereupon, by his
Lordship's Direction, a Letter was written by his Secretary to the Boatswain of The Reformation, a Copy
whereof is hereunto annexed.
"This is the Substance of what passed in The
Downes, concerning the Ship Reformation,
&c. over and besides many violent mutinous Threatenings and distempered Expressions
of the Gentlemen and Mariners aboard, which
are too long to be set forth in Writing.
"The Ships left at The Downes are,
"The Swallow, Leonard Harris Captain.
"The Sattisfaction, Captain Penros Captain, who is come
up from his Charge in Duty to his Trust.
"The Hinde Frigat, Richard Soltonstoll Captain.
"The Roebucke, Robert Nixon Captain.
"The Pellican, whose Commander hath deserted her.
"2 June, 1648. His Lordship hath also this Morning consulted with the Commissioners of the Navy
and others, what will be most fit for him to do, in
order to the reducing of such Ships as are under Defection, and the confirming to the Parliament's Obedience such as have not yet engaged; and the Particulars which are resolved upon will be communicated
to the Committee at Derby House this Afternoon.
"We all desire,
"That the Gentlemen of Kent interested about the
Petition will please to give his Lordship a Toleration
to pass and re-pass to some convenient Place of Treaty
ashore; and what shall be mutually agreed on, we
shall heartily all agree unto; and if they agree not,
to have peaceable Passage aboard his Ship, to go for
May 31, 1648:
"Signed in the Name of all the Ships
Company, by their Consent."
"I received your Paper, dated this Day, containing
your Desire about a Treaty betwixt myself and the
Gentlemen of Kent; the same being in Return of
my Message sent this Day, concerning my coming
aboard The Constant Reformation: To which I answer,
That I am sent down, by Order of both Houses of
Parliament, to take the Charge of the Fleet, and to
give Indemnity to the Captains and the Mariners, as
I shall see Cause; which Indemnity I do accordingly
offer to all such Captains and Mariners of the Fleet
as shall submit to my Commission. But, having no
Authority to treat with the said Gentlemen, I cannot
concur in that Desire without special Warrant; but
shall speedily communicate your Paper to both
Houses of Parliament, and, upon their Answer, shall
proceed accordingly; and till their Answer received,
I desire not to be disturbed in my Abode upon the
Vessel wherein I now am.
"Aboard The Nichodemus, this 31th of May, 1648.
"To the Company of the Ship Constant Reformation."
"The Desire of the Company is, That your Lordship would be pleased to return to the Two Houses
of Parliament, and to signify unto them the unanimous Consent and Association of the Fleet with the
Gentlemen of the County of Kent, in order to those
honest and just Demands mentioned in theirs and
our Petition; and that they are resolved, not to separate themselves from the said Gentlemen, by taking
an Act of Indemnity apart, or by entering into any
Treaty without their Privity and Consent; beseeching
(fn. *) your Lordship to use your most effectual Endeavours
to move the Two Houses for a speedy Settlement of
the Kingdom, according to the Covenant."
"At a Council of War, held aboard The Nicodemus, in The Downes, 31 May, 1648.
"Resolved and Declared, That my Lord Admiral
hath omitted nothing that could be done by his
Lordship, in order to the reducing of those Ships of
the Fleet now at The Downes, that have revolted from
the Parliament's Obedience.
"Resolved, That it is the Opinion of this Council of
War, That it is not safe, nor any Way conducing to
the Parliament's Service, for the Lord Admiral to
stay longer in The Downes, considering the high
Distempers of the Seamen; but that it is fit for his
Lordship speedily to repair to the Parliament, to give
an Account of his Proceedings, and of the Condition
of Affairs here."
"Off The North Forland, eodem Die.
"It being considered, Whether The Nichodemus shall
be sent Westward, or Northward to give Advice to
the rest of the Fleet (not yet under Defection) of the
true State of Affairs at The Downes: Forasmuch as
the same cannot be conveniently done, without Notice
taken thereof by the revolted Ships in The Downes,
which may invite them to send Ships after her,
and so give Opportunity to malignant Seamen to infuse
and foment dangerous Principles into the Minds of
those that may otherwise keep to their Trust; and
for that some of the Seamen of this Vessel may (for
aught is known) act in the like Kind, they being
privy to the Height of Distempers here: Resolved,
to be the Opinion of this Council of War, That his
Lordship do send up the Vessel into the River of
Thames, whereby those Inconveniences may be prevented, and she secured.
"Warwick. Ro. Moulton.
"Fra. Penrose. Tho. Pacy."
"In our Way to London, we heard of the Army's
defeating of the Kentish Forces; whereby will be
discovered to you, and the rest of your Ship's Company, the Danger of your and their present Actings
against the Parliament, and consequently against the
Peace of the Kingdom. I have therefore thought it
meet (upon Direction from my Lord Admiral) to let
you know, that, upon your Submission to the Parliament's Authority, by rendering The Constant Reformation into his Lordship's Hands, you will take the
only Course to rescue yourselves from that Misery
and Ruin which will otherwise fall upon you; his
Lordship intending to give Indemnity to none of you
that shall stand out. I hope you will consider, that
the Parliament is in an effectual Way of composing
the sad Distractions of the Kingdom, and to effect in
the best and safest Way the very Things that are
contained in that Petition wherein you say you have
engaged; and that such Interruptions as you and the
rest have given are the great Obstructions of that
Peace which you pretend to aim at. Consider what I
say. Remember your Trust; and God direct your
Hearts not to resist good Counsel. I rest, desirous to
Aboard The Nichodemus, near The Hope, 1 Junii, 1648.
"Your loving Friend,
"For Andrew Mitchell, Boatswain of The Constant Reformation."
Answer of the Common Council concerning the Kentish Business.
"At the Common Council, 1 Junii, 1648.
"Alderman Gibbs gives Answer:
"1. That the Common Council did acknowledge the
great Condescension and Patience of the Honourable
Houses, in sending their own Members to the City,
to acquaint them with their Proceedings in Kent; for
which, they return humble Thanks.
"2. That, by what was done, it did appear to all,
that if any Blood was shed in Kent, that they were
the Causes of it themselves, that refused the Offers
that were made to them by the Parliament and their
"3. They desired that the Houses would publish in
Print their Proceedings, that their Fellow Citizens and
all the World may receive Satisfaction, as they had received.
"4. They desire that the Paper that they presented
may be also printed, to prevent Misreports."
Morte to have Writings out of the Court of Wards.
Upon the Petition of Anne Morte Widow, and Orders annexed, this Day exhibited to the House:
It is Ordered, That the Writings and Evidences
formerly (by Order) brought into the Court of Wards,
by Adam Morte, the Petitioner's late Husband, deceased, shall be perused, by the Counsel or Solicitor of
the Petitioner, in the Presence of Mr. Awdley, Clerk
of the said late Court, or in the Presence of such others
as shall be employed under him; and further, that the
said Petitioner may have such of them as are material
to be used at a Trial at the next Assizes to be holden
at Lancaster, touching the Petitioner's Jointure and Title
of Dower, upon good Security to be given unto the
said Mr. Awdley for the Re-delivering of all such Writings to him again, after the said Assizes, as shall by
Inventory be delivered to the Petitioner, to be made
Use of at the said Assizes as aforesaid.
House adjourned till 10a cras.