House of Lords Journal Volume 10
20 June 1648

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1767-1830

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'House of Lords Journal Volume 10: 20 June 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 335-339. URL: http://www.british-history.ac.uk/report.aspx?compid=32838 Date accessed: 20 October 2014.


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Contents

DIE Martis, 20 die Junii.
Mrs. Browne to be released. Ld. Pawlett, Leave to remain at Chiswick; and Sir H. F. Thynne in London. E. and Count. of Mulgrave, and Sir P. Pindar. Letter, &c. from the Commissioners in Scotland. Letter to Col. Hammond. Capt. Bushel to be released. Ly. Newburgh and Sir H. Foster. Ordinance for taking Writings out of the Court of Wards. Message from the H. C. with an Ordinance. Answer. Answer from the H. C. E. of Suffolk's Petition, to stay Processes against him. Settling Peace. Launce's Business. Message to the H. C. with the E. of Suffolk's Petition;-and for Ld. Pawlet and Sir H. F. Thynne to remain in, and near London. Mrs. Thomas, a Paper out of the Court of Wards. Letter to The States General, about the Ships that revolted from the Parliament. Letter to The States of Zealant, on the same Subject. E. of Suffolk's Pet. for Processes from the Exchequer against him to be stayed, and a Debt due to him from the King to be allowed. Letter to Col. Hammond, to prevent any Design against the King. Westm'r, this 20th of June, 1648 Letter from the Commissioners in Scotl. with the following Paper. Edinburgh, Junii, 1648. Paper from the Parl. of Scotl. to the English Commissioners there, that they can give no Answer to their Papers till they have an Answer to their Desires;-and that the Forces levying there are only for their own Defence. Ordinance for confirming the Articles for Surrender of Oxford. Declaration against those who take up Arms against the Parliament. E. of Midd's Possession of Forthampton quieted. Parker & al. sert for, for disturbing it. Footnotes

DIE Martis, 20 die Junii.

PRAYERS, by Dr. Smyth.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Pembrooke.
L. Admiral.
Comes Mulgrave.
Comes Northumb.
Comes Lyncolne.
Comes Suffolke.
Comes Rutland.
L. Viscount Say & Seale.
Comes Midd.
Ds. Herbert.
Ds. Howard.
Ds. Hunsdon.
Ds. North.
Ds. Berkeley.
Ds. La Warr.
Ds. Maynard.

Mrs. Browne to be released.

Ordered, That the Committee of the Militia of Westm. be sent to, (fn. *) to let them know, "That this House is of Opinion, that Mrs. Browne ought to have had the Benefit of the last Ordinance, for staying in Town until the 19th of this Instant June: Therefore to require them to release the said Mrs. Browne from her present Restraint."

Ld. Pawlett, Leave to remain at Chiswick;

Ordered, That the Lord Pawlett, in regard of his ill Health, shall have Leave to continue at Cheswicke, where now he is, notwithstanding the last Ordinance for putting Delinquents Twenty Miles from London; and the Concurrence of the House of Commons to be desired herein.

and Sir H. F. Thynne in London.

Ordered, That Sir Henry Fredericke Thynne, in regard of his most urgent Occasions, shall have Leave to stay in Town, notwithstanding the Ordinance for putting Malignants out of London; and the Concurrence of the House of Commons to be desired herein.

E. and Count. of Mulgrave, and Sir P. Pindar.

The Answers of the Earl of Mulgrave to the Petition of the Countess Dowager of Mulgrave, and to the Petition of Sir Paul Pyndar, were read; and also an Affidavit.

It is Ordered, That Sir Paul Pyndar and the Countess of Mulgrave shall have a Copy of these Petitions and Affidavit; and Monday next is appointed to hear the Counsel on all Sides, touching the Matter of the Possession of the Allum Mines, at which Time the Judges are to have Notice to be present.

Letter, &c. from the Commissioners in Scotland.

A Letter and Paper inclosed sent to the Speaker, from the Earl of Nottingham, were read.

(Here enter them.)

Letter to Col. Hammond.

The Speaker presented a Draught of a Letter to be sent Colonel Hamond, concerning the King; which, being read, was approved of, and ordered to be sent to Colonel Hamond. (Here enter it.)

Capt. Bushel to be released.

Upon Complaint made to this House, "That Captain Bushell is arrested, by the Bailiff of Westm. contrary to the Protection given by the General, according to the Directions of both Houses:"

It is Ordered, That the said Bailiff do forthwith (fn. *) release him from his present Restraint; or else appear before this House, and shew Cause to the contrary.

Ly. Newburgh and Sir H. Foster.

An Ordinance was presented to the House, for the Lady Newburgh to have Writings out of the Court of Wards, which concerns her.

It is Ordered, That Sir Humphrey Foster shall have a Sight of this Ordinance.

Ordinance for taking Writings out of the Court of Wards.

Ordered, That Lord Viscount Say & Seale is desired to prepare an Ordinance in the general, for taking out such Writings out of the Court of Wards as have been deposited there.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Wm. Armyn Baronet; who brought up an Ordinance for putting the County of Lyncolne into a Posture of Defence, wherein they desire their Lordships Concurrence.

Read, and committed to the Committee of the whole House; To-morrow Morning.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and return an Answer by Messengers of their own.

Answer from the H. C.

Dr. Bennett and Mr. Eltonheade return with this Answer from the House of Commons;

That they agree to these Particulars following:

1. To the Alteration in the Confession of Faith.
2. To Declaration concerning such as take up Arms.
3. To the Ordinance for confirming the Articles of Oxford.
4. To the Vote for sending Colonel Russell to the Isle of Guernsey.
5. To the Letters to The States Generall.
(Here enter them.)

As to the Declaration concerning Rich. Osborne to come in, and to the Petition concerning the Countess of Kildare, they will send an Answer by Messengers of their own.

E. of Suffolk's Petition, to stay Processes against him.

Upon reading the Petition of the Earl of Suffolke:

(Here enter it.)

It is Ordered, That it be referred to the Committee of the Revenue, to state the Accompts, and make Discounts; and the Concurrence of the House of Commons to be desired herein.

Ordered, That the Barons of the Exchequer shall stay the issuing out of Process against the Earl of Suffolke, concerning this Business, until the Accompts be stated, and the Discounts made by the Committee for the Revenue.

Settling Peace.

Ordered, That To-morrow Morning shall be taken into Consideration the Settling the Peace of the Kingdom.

Launce's Business.

Ordered, That Mr. Lance's Business shall be heard on Friday next.

Message to the H. C. with the E. of Suffolk's Petition;-and for Ld. Pawlet and Sir H. F. Thynne to remain in, and near London.

A Message was sent to the House of Commons, by Dr. Bennett and Mr. Eltonheade, with these Particulars:

1. To desire their Concurrence, that the Lord Pawlett, with his Family, may continue at Cheswicke, in regard of his ill Health.

2. To desire Concurrence, that Sir Fredericke Thyn may have Liberty to stay in Town, in regard of his urgent Occasions.

3. To deliver to them the Petition of the Earl of Suffolke; and desire their Concurrence, that it may be referred to the Committee of the Revenue, to state the Accompts, and to discount.

Mrs. Thomas, a Paper out of the Court of Wards.

Ordered, That the Clerk of the Court of Wards shall deliver to Rachell Thomas Widow, a Copy of her Jointure, which was brought into that Court.

Letter to The States General, about the Ships that revolted from the Parliament.

"Nobilissimi & Potentes Domini,

"Non ita pridem Navis vestras destinata in Brasiliam, cum in Cursu suo Portum Bristoliensem subiisset, ° ibidem navales Socii in Seditionem prolapsi essent, nos, ad Petitionem Procuratoris Societatis Indiæ Occidentalis, Flagitium illud, quâcunque Ratione, & Vi & Armis, Justitiâ sic volente, supprimendum putavimus, decrevimus, & cum Effectu mandavimus; ante paucos Dies, simili Facinore, lymphatæ Mentes quamplurimum Nautarum nostrorum, & incitatæ Spe mendaci Præmiorum, per Homines improbos, & infestos Paci & Religioni hujus Regni, erupere in parem Audaciam, Navesque nostras, armatas in Bellum, expulsis ejectisque Navarchis & Præfectis qui in Fide & Obsequio perstiterant, ruptâ Sacramenti Reverentiâ, manifesto & impudenti Furto, è Statione suâ abripuere, avexeruntque in Territorium Portusque aliena. Nos, furtivas Naves Asylum Sceleri suo quærentes in Portubus vestris detineri, & ad Obsequium reduci, nobisque Dominis earum reddi, facinorososque in Vinculis & ad Pænam reservari, Virium vestrarum Ope, intra Territorium vestrum, in quod solis vobis Jus &c Imperium est, Justitiâ sic efflagitante, À Nobiliff. &c Potent. vestris Domin. petimus.

"In quem Finem, ad Nobiliss. & Potent. vestras Domin. misimus Isaacum Dorislaum, I. U. D. &c Unum è Judicibus Supremæ Curiæ Admiralitatis Angliæ, de nostrâ in hoc Negotio Sententiâ plenè instructum; cui in Mandatis dedimus, non solùm ut Animorum nostrorum Sensa Dominationibus vestris Nobilissimis & Potentissimis pleniùs & uberiùs exponat; sed insuper, tum in Navibus prædictis nostris arrestandis, & in Personis prædictis Fugitivorum capiendis, & ad Instantiam nostram crimina'iter five in Factum Actione conveniendis, omni meliori Modo, & per quæcunque Juris Remedia, & in prædictarum Navium omniumque rerum ad eas pertinentium Possessione recuperandâ, omnia & singula agat, faciat, petat, & expediat, quæ ad hanc rem necessaria fuerint. Cui prædicto Doctori Dorislao ut Fidem habeatis, & plenam & favorabilem Audientiam de tempore in tempus præbeatis in præmissis, Dominationes vestras Nobilissimas & Potentissimas instanter rogamus; nihil dubitantes de Justitiâ vestrâ, neque de prono vestro in hoc Negotium Favore, pro veteri illâ & per Paritatem Animorum & Religionis, coalitâ firmatâque Amicitiâ, quam sicut & nos perpetuam volumus sit, & vos omni Officiorum genere sartam tectamque conservaturos, minimè ambiguimus.

"Dabantun ex Palatio Parliamentario Westmonasteriensi, xx Junii, MDCXLVIII.

"Nobilissimis & Potentissimis Dominationibus vestris

"Omni Studio & Officio addictissimi,

"Proceres et Ordines Communium Parliamenti Angliæ.

"E. Manchester, Orator Procetum pro Tempore.

"Guil's Lenthall, Prolocutor Ord.

"Commun. Parliamenti Angliæ.

Letter to The States of Zealant, on the same Subject.

"Potentissimi Domini,

"Non ita pridem Navis vestras destinata in Brasiliam, cum in Cursu suo Portum Bristoliensem subiisset, & ibidem navales Socii in Seditionem prolapsi essent, nos, ad Petitionem Procuratoris Societatis Indiæ Occidèntalis, Flagitium illud quâcunque Ratione, & Vi & Armis, Justitiâ sic volente, supprimendum putavimus, decrevimus, & cum Effectu mandavimus; ante paucos Dies, simili Facinore, lymphatæ Mentes quamplurimum Nautarum nostrorum, & incitatæ Spe mendaci Præmiorum, per Homines improbos, & infestos Paci & Religioni hujus Regni, erupere in parem Audaciam, Navesque nostras, armatas in Bellum, expulsis ejectisque Navarchis & Præsectis qui in Fide & Obsequio perstiterant, ruptâ Sacramenti Reverentiâ, manifesto & impudenti Furto, è Statione suâ abripuere, avexeruntque in Territorium Portusque aliena. Nos, furtivas Naves Asylum Sceleri suo quærentes in Portubus vestris detineri, & ad Obsequium reduci, nobisque Dominis earum reddi, facinorososque in Vinculis & ad Pænam reservari, Virium vestrarum Ope, intra Territorium vestrum, in quod solis vobis Jus & Imperium est, Justitia sic efflagitante, À Potentissimis vestris Dominationibus petimus.

"In quem Finem, ad Potentissimas vestras Dominationes misimus Isaacum Dorislaum, I. U. D. & Unum è Judicibus Supremæ Curiæ Admiralitatis Angl'æ, de nostrâ in hoc Negotio Sententiâ plenè instructum; cui Mandatis dedimus, non solùm ut Animorum nostrorum Sensa Dominationibus vestris Potentissimis pleniùs & uberiùs exponat; sed insuper, tum in Navibus prædictis nostris arrestandis, & in Personis prædictis Fugitivorum capiendis, &c ad Instantiam nostram criminaliter sive in Factum Actione conveniendis, omni meliori Modo, & per quæcunque Juris Remedia, & in prædictarum Navium omniumque rerum ad eas pertinentium Possessione recuperandâ, omnia & singula agat, faciat, petat, & expediat, quæ ad hanc rem necessaria fuerint. Cui prædicto Doctori Dorislao ut Fidem habeatis, & plenam & favorabilem Audientiam de tempore in tempus præbeatis in præmissis, Dominationes vestras Potentissimas instanter rogamus; nihil dubitantes de Justitiâ vestrâ, neque de prono vestro in hoc Negotium Favore, pro veteri illâ & per Paritatem Animorum & Religionis, coalitâ firmâque Amicitiâ, quam sicut & nos perpetuam volumus, sic & vos omni Officiorum genere sartam tectamque conservaturos minimè ambiguimus.

"Dabantur ex Palatio Parliamentario Westmonasteriensi, xx Junii, MDCXLVIII.

"Potentissimis Dominationibus vestris

"Omni Studio & Officio addictissimi,

"Proceres & Ordines Communium Parliamenti Angliæ.

"E. Manchester, Orator Procerum pro Tempore.

"Gul. Lenthall, Prolocutor Ord. Commun. Parl. Angliæ."

E. of Suffolk's Pet. for Processes from the Exchequer against him to be stayed, and a Debt due to him from the King to be allowed.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of James Earl of Suff.

"Sheweth,

"That whereas divers Process are issued out of the Court of Exchequer, to the Sheriffs of Essex and Dorsett, for the levying of several Sums of Money upon the Lands of the Petitioner, to the very great Molestation of the Petitioner's Tenants, upon Pretence of great Debts due to the King's Majesty.

"Now forasmuch as the said Debts stand in Charge as Debts due to the King from the Petitioner's Father and Grandfather, and are most of them paid, and the rest of * them having little or nothing of them remaining unsatisfied.

"And forasmuch also, as there was a Debt of Four Thousand Pounds, and upwards, due from the King by Privy Seal unto your Petitioner's Father, which yet remains unsatisfied:

"The Petitioner therefore doth humbly petition your Lordships, for Remedy against these vexatious Proceedings, to order that such Debts as shall truly appear to be owing to the King, by your Petitioner's Father and Grandfather, may be discounted out of the said Debt of Four Thousand Pounds; and that, until the Debts be stated on both Sides, all Process and Proceedings in the Exchequer be stayed.

"And he shall pray, &c.

"Suffolke."

Letter to Col. Hammond, to prevent any Design against the King.

"SIR,

"The Lords being informed of some Design which may be prejudicial to the Safety of the Person of the King, they have commanded me to signify the same unto * you; and to desire you to employ your best Endeavours, and to be very vigilant, to discover any such Design as may be contrived, and to prevent any Attempts that may be to the Danger of the Person of His Majesty. This is all I have in Command.

Westm'r, this 20th of June, 1648

"Your loving Friend to serve you,

"E. Manchester."

Letter from the Commissioners in Scotl. with the following Paper.

"For the Right Honourable Edward Earl of Manchester, Speaker to the Right Honourable the House of Peers pro Tempore. These.

"May it please your Lordship,

"I have formerly given you an Account of several Papers we have sent to the Parliament of Scotland and Committee of Estates, in Pursuance of the Votes of May the 6th, and such further Instructions as we have received thereupon. I shall not now trouble your Lordship with repeating any of them: Only acquaint your Lordship, That unto them, and to a Paper I likewise formerly sent your Lordship, concerning the March of your Forces into the Northern Counties, we have received the inclosed Answer; whereupon what Commands your Lordship shall be pleased to give us shall be faithfully observed by,

Edinburgh, Junii, 1648.

"My Lord,

"Your Lordship's.

"Most humble Servants,

"C. Nottingham."

Paper from the Parl. of Scotl. to the English Commissioners there, that they can give no Answer to their Papers till they have an Answer to their Desires;-and that the Forces levying there are only for their own Defence.

"Edinburgh, Septimo Junii, 1648.

"Answere of Parliament to the Papers aftermentioned, represented to them from the English Commissioners.

"The Estates of the Parliament have received your Lordships Papers of the First of this Instant June, with the Votes of the Honorable Houses of the 6th of May last; to which they can retourne noe Answere, untill just Sattisfaction be given to their necessary Desires of the 26th of Aprill.

"By your other Paper of the same Date, your Lordships gave Notice of the Lord Fairefax his March into the Northerne Countyes, by Commaund from the Honnorable Houses of the Parliament of England; with this Assurance, that it is not with the least Intention of any Offence or Prejudice to the Kingdome of Scotland. And as you therein expresse the Respect of the Two Houses to this Kingdome; soe the Parliament doe assure your Lordships, That their Resolutions of raiseing new Forces within this Kingdome for their owne Securityes, and for obtayning their pious and loyall Desires, are without the least Intention to interrupt the Union betwixt the Kingdomes of Scotland and England, or violate in the least Manner any of the Articles of the solemne League and Covenant, by which they are soe strictly united under His Majesty's Government.

"Extract forth of the Records of Parliament, by me, Sir Alexander Gibson, of Drury, Knight, Clerke of His Majesty's Registers, Counsells, and Rolls, under my Signe and Subscription Manuell.

"Alex. Gibsone, Cl's Reg'ri."

Ordinance for confirming the Articles for Surrender of Oxford.

"Be it Declared and Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That all and every the Articles made and agreed on, upon the late Surrender of Oxford, do stand and be confirmed, and shall be duly and effectually observed in all Things whatsoever, according to the true Intent and Meaning thereof; and that all and every Committees of Parliament, and all and every Judges, Officers, and others whom it may concern, respectively shall and ought accordingly to keep and observe the same."

Declaration against those who take up Arms against the Parliament.

"Whereas the Lords and Commons in Parliament assembled did, on the Twentieth of May, 1642, for the preventing of the late War, pass these Three Votes:

"1. That it appears, that the King (seduced by wicked Counsel) intends to make War against the Parliament, who in all their Consultations and Actions have proposed no other End unto themselves, but the Care of the Kingdoms, and the Performance of all Duty and Loyalty to His Person.

"2. That, whensoever the King maketh War upon the Parliament, it is a Breach of the Trust reposed in Him by His People, contrary to His Oath, and tending to the Dissolution of this Government.

"3. That whosoever shall serve or assist Him in such Wars, are Traitors by the fundamental Laws of this Kingdom, and have been so adjudged by Two Acts of Parliament, and ought to suffer as Traitors. 11 Richard II. 1 Hen. IV.

"And whereas there are now at this Time divers Persons in Arms, who endeavour to raise War against the Parliament: The Lords and Commons assembled in Parliament, for better informing of the Subjects of this Kingdom in their Duty, do now at this Time declare,

"That it doth appear, that divers who have assisted the King in the late War against the Parliament, as also divers others, do endeavour to seduce the People, and do actually levy War against the Parliament.

"That whosoever shall make War against the Parliament of England, or assist in such War, are Traitors by the fundamental Laws of this Kingdom, and have been so adjudged by Two Acts of Parliament, and ought to suffer as Traitors. 11 Rich. II. 1 Hen. IV.

"Ordered, by the Lords and Commons assembled in Parliament, That these Votes be forthwith printed, and published by the Sheriffs in every Market Town, in several Counties, at the next Market-days after the Receipt hereof; and that the Judges do deliver them in their several Circuits."

E. of Midd's Possession of Forthampton quieted.

Upon the Petition of James Earl of Midd. read this Day in the House; shewing, "His late Father, himself, and those under him, have been in Possession of the Manor of Forthampton, in the County of Gloucester, ever since the 33 H. VIII.; and that his Tenant hath been put out of Part thereof by the Means of John Parker Junior, when the Petitioner was under the Restraint of the Gentleman Usher of the Black Rod:"

It is Ordered, That the Sheriff of the County of Gloucester, with the Militia of that County, if he shall think fit, shall immediately put the said Earl's Tenant into the Possession of the Premises, in the same Manner as he and his Tenant were in before the Restraint of the said Earl: And this to be a sufficient Authority in that Behalf.

Parker & al. sert for, for disturbing it.

Ordered, That the Gentleman Usher, or his Deputy, shall attach the Bodies of John Parker the Younger, and one Hartland and Will'm Brooke, and bring them before the Lords in Parliament, to answer their Contempt in the Breach of the Privilege of this House, as to the Earl of Midd. a Member thereof: And this to be a sufficient Warrant.

Footnotes

* Deest in Originali.
* Deest in Originali.