House of Lords Journal Volume 10
27 June 1648

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1767-1830

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'House of Lords Journal Volume 10: 27 June 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 347-350. URL: http://www.british-history.ac.uk/report.aspx?compid=32844 Date accessed: 18 April 2014. Add to my bookshelf


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DIE Martis, 27 die Junii.

PRAYERS, by Mr. Strickland.

Domini præsentes fuerunt:

Ds. Hunsdon, Speaker.

Comes Northumb.
Comes Mulgrave.
Comes Stamford.
Comes Rutland.
Comes Suffolke.
Ds. Dacres.
Ds. Maynard.
Ds. North.
Ds. Berkeley.
Ds. Howard.
Ds. Wharton.

E. of Mulgrave and Sir P. Pindar.

The Earl of Mulgrave acquainted the House, "That his Lordship and Sir Paul Pyndar are agreed concerning the Alium Mines."

Committee to consider of Peace.

Ordered, That the Earl of Stamford be added to the (fn. *) Committee named Yesterday, to consider of what hath been offered to the King, concerning Peace, &c.

Message to the H. C. about it.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade:

To let them know, that this House hath appointed Ten Lords, to meet this Afternoon, in the Painted Chamber, at Four a Clock, to join with a proportionable Number of their House, to consider of what hath been offered to the King, &c.

Born, Sheriff of Essex, Leave to come to London.

Upon reading the Petition of Borne, High Sheriff of the County of Essex; desiring "Leave to come to London, to take Physic, for his Health:"

Which this House thought fit to grant; and ordered the same to be sent to the House of Commons, for their Concurrence.

Petition from the Common Council.

A Petition from the Lord Mayor, Aldermen, and Common Council of London, was presented, by Mr. Sheriff Avery and others of the Common Council; which being received, was read. (Here enter it.)

And these Lords following were appointed presently to draw up what Answer is fit to return to the said Petition, and to report the same to the House:

Comes Northumb.
Comes Lyncolne.
Ds. North.

Answer from the H. C.

Doctor Heath and Mr. Eltonheade return with this Answer from the House of Commons:

That they have appointed a Committee of their House, to join with the Committee of Lords, at the Time and Place appointed.

Answer to the Petition from the Common Council.

The Earl of Lyncolne reported from the Committee, the Answer to be returned to the Petition of the City of London; which, being read, was approved of.

And the Messengers that brought the Petition were called in again; and the Speaker read the Answer, as followeth:

"The Lords have commanded me to return you hearty Thanks, for the Continuance of your good Affections to the Parliament, and Inclinations to the Peace and Settlement of the Kingdom; and to let you know, that they were upon Consideration of that which is contained in your Petition before they received it; and they will employ all their Endeavours effectually for the speedy obtaining thereof, as may best conduce to the Contentment, Safety, and Happiness, of the King, City, and the whole Kingdom."

Message from the H. C. with a Letter to Colonel Jones; an Ordinance and Orders.

A Message was brought from the House of Commons, by Mr. Thorpe; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. A Letter to be sent to Colonel Jones, in Ireland.

(Here enter it.)

Read, and Agreed to.

2. An Ordinance authorizing the Committee in Yorkeshire to raise Money, for paying the Soldiers Quarters, to be raised by the Militia there.

Read Twice; and ordered to be taken into Consideration on Thursday Morning next, by a Committee of the whole House.

3. Order for advancing Three Thousand Pounds, for the Soldiers in the County of Yorke, late under the Lord Fairfax.

Read; and being put to the Question whether to pass or not, the Votes were even.

4. Order for Sir Wm. Allison to be added to the Committee of the Militia of the County of Yorke.

(Here enter it.)

Agreed to.

5. Order for Bishop Wren to be sent to the General. Not Agreed to.

6. Order to free Sir John Maynard from the Penalty of the Ordinance against Contractors that proceeded not according to their Contracts. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Letter to Colonel Jones, and to the Order for Sir John Maynard, and to the Order for adding Sir Wm. Allanson to the Committee of Yorkeshire: To all the rest, this House will send them an Answer by Messengers of their own.

Committees for the Westmorland Militia.

Divers Names were added to the Committee appointed by Ordinance of the 23th of May last, for the Militia in the County of Westm'land, upon Letters from divers of the Committee there; as,

Colonel Edw. Briggs.
Major Myles Mann.
Mathew Atkinson.
Captain John Morland.
Captain Rob't Skaife.
Captain Wm. Garnett.
Captain Tho. Ewbancke.
Captain Myles Birkbecke.
Mr. Geo. Bindlosse.

The Concurrence of the House of Commons to be desired herein.

Osborne examined, about his Letter, changing Major Rolfe and others, with a Design against the King's Life.

Next, Richard Osborne was called in.

And the Speaker told him, "That this House received a Letter from him, of a very high Nature; whereupon he had a Protection to come in."

He said, "He was come to make good what he had written; but much did depend upon Mr. Dowcett's Deposition, to clear Things."

Then the House commanded, that the Letter written to the Earl of Manchester, and also the Copy of the Letter to the Lord Wharton inclosed, should be shewed to him. Which was done. (Here enter them.)

And it (fn. *) being demanded of the said Osborne, "Whether he would avow the Letters, and justify the Matter?" He answered, "Yes."

Whereupon the House commanded, that the said Letters should be read, in the Presence of the said Osborne; which was accordingly done.

The said Mr. Osborne being further asked, "What Witnesses he would desire to have to be examined concerning this Business?" He said, "Mr. Dowcett and one Mr. Worseley."

Then he withdrew.

The said Osborne was again called in, and had an Oath tendered him. And then being asked, "Whether that Major Rolph did acquaint him with the Design of poisoning the King?" He avowed the same, upon his Oath.

Major Rolfe committed, for Treason:

Hereupon it is Ordered, by the Lords in Parliament assembled, that Major Rolph shall stand committed to the Prison of The Gatehouse at Westm. being accused of High Treason before the Lords in Parliament; and that the Keeper of the said Gatehouse shall keep him in Safety, until the Pleasure of the House be further signified.

To the Keeper of the Gatehouse, Westm. or his Deputy.

Charge against him.

Ordered, That Mr. Serjeant Fynch shall prepare a Charge against the said Major Rolph; and present the same to this House, after Advice had with the Judges; and that Rich. Osborne do attend Mr. Serjeant Fynch.

Worsley to attend.

Ordered, That Worseley shall forthwith attend this House, de Die in Diem, until the Pleasure of this House be further signified.

Message to the H. C. to let Dowcettattend also.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade:

To let them know, that this House hath some Occasion to use the Testimony of Mr. Dowcett, who is their Prisoner: Therefore to desire that the said Dowcett may attend this House on Thursday Morning next, and so de Die in Diem, during the Pleasure of this House.

Osborne bailed.

£.
"Richardus Osborne recognovit se debere D'no Regi in 5000

"The Condition of the abovesaid Recognizance is, That the said Richard Osborne shall, from Time to Time, attend this House, or any Committee of this House, to make good his Charge of High Treason against Major Rolph; or else it to stand in Force."

Letter from Osborne, with the following one, which he had wrote to L. Wharton.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers.

"Right Honourable,

"I did, by a Letter of the First of June, acquaint my Lord Wharton with what I send here inclosed; expecting it would before this have been communicated to both Houses. What should be the Reason of concealing a Business of this Nature, I know not; except it be to give those Time that are concerned in it, better to think upon some Stratagem to evade this Discovery.

"I humbly desire your Lordship, upon Sight of this Relation, to communicate it to the House of Peers; which I shall be ready to attest upon Oath, in every Particular, whenever their Lordships shall please to allow me that Freedom and Security which ought to be afforded to any Gentleman and Christian in witnessing a Truth.

"My Lord, I am

June 10th, 1648.

"Your Lordship's

"Most humble Servant,

Ric. Osborne."

Letter from him, charging Rolfe with a Design to poison the King; and that Col. Hammond had received Directions to do it from the Army.

"My Lord,

"Though I cannot but imagine I stand so highly condemned in your Lordship's and many Persons Thoughts, that any Thing of Vindication from me must come with all the Disadvantage and Prejudice that may be; yet (my Lord) being conscious of my own Integrity, and confident that I shall be judged by your Lordship by no other Rules but those of Justice and Reason, I cannot doubt but, when I have discovered the Grounds and Reasons of my Actions, that it will (fn. *) appear to your Lordship, that what I have done hath been as agreeable to the several Duties I stand engaged in, as I am supposed to have acted contrary before I am heard.

"Not to detain your Lordship in Circumstance, I shall make this Protestation, That, as no other Thing but the Danger of the King's Life could in Reason excuse such an Attempt, so I do protest that no inferior Consideration did or could have moved me to such an Action. But, my Lord, having had such particular and well-grounded Information that so horrid a Design was intended, and moved from those that could when they pleased have had the Power to have put it in Execution, I hope I shall not be censured for having (fn. †) postponed all other Considerations to that Loyalty which cannot be questioned but I owe the King.

"But, not to leave your Lordship unsatisfied with this general Account, the Intelligence I speak of concerning this Design I received from Captain Rolfe, a Person very intimate with the Governor, privy to all Counsels, and one that is very high in the Esteem of the Army. He (my Lord) informed me, that, to his Knowledge, the Governor had received several Letters from the Army, intimating, "they desired the King might by any Means be removed out of the Way, either by Poison or otherwise;" and at another Time the same Person persuaded me to join with him, in a Design to remove the King out of that Castle, to a Place of more Secrecy; proffering to take an Oath with me, and to do it without the Governor's Privity, who, he said, would not consent, because of losing the Allowance for the House. His Pretence for this Attempt was, that the King was in too public a Place, from whence he might be refcued; but, if He were conveyed into some Place of Secrecy, he said, we might dispose of His Person upon all Occasions as we thought fit; and this he was confident he could effect without the Governor's Consent.

"My Lord, Considering all these pregnant Circumstances, I think it will appear that there were, if there are not, such Intentions concerning His Majesty's Person, as may well justify any Endeavours that have been made for His Remove from so much Danger. And for my own Part, my Lord, I must be so plain as to declare, concerning my own Actings in relation to this Business, that, had I done less (having such Grounds), I must believe I had then verified all those Aspersions of Disloyalty, and Breach of Trust, which I am contented to suffer, from those whose Interest is perchance opposed by my Endeavours to prevent such damnable Designs.

"My Lord, I have spoken nothing here but that I shall be ready to justify upon Oath, whenever I shall be called to it (with Promise of Freedom and Security): Till then, I must be content to support all Censures, and satisfy myself with the Vindication I receive from my own Conscience.

Jun. 1, 1648.

"My Lord, I am

"Your Lordship's

"Most humble Servant,

"Ric. Osborne.

"For the Right Honourable the Lord Wharton."

Petition from the Common Council, for a Personal Treaty with the King; and for the Settlement of Religion, &c.

"To the Right Honourable the Lords assembled in the High Court of Parliament.

"The humble Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled;

Sheweth,

"That your Petitioners do with all Thankfulness humbly acknowledge the many former Favours of this Honourable House, in granting several of their Petitions; which gives them Encouragement to make further Application to your Honours, wherein they humbly take Leave to express their own and their Fellow Citizens deep Sense and Apprehensions of the present Miseries and very sad and deplorable Condition of this City and Kingdom, by reason of the Growth of Superstition, Heresies, Schisms, and Prophaneness, occasioned by the long Unsettlement of the Church, and likewise by the Commotions in several Counties which have been faithful and serviceable to the King and Parliament; and of the great Effusion of Blood that hath been and is continued by reason of the said Commotions, and likewise to be increased by the falling off of a considerable Part of the Navy; all which threateneth the imminent Destruction of Trade, and the utter Ruin of the King, Parliament, and Kingdom, if not (by the Blessing of Almighty God upon your good Endeavours) speedily prevented: And, in your Petitioners Apprehensions, the same is no Way likely to be avoided, the Peace of the Kingdom settled, and the Brotherly Union between the Two Kingdoms of England and Scotland continued, but by a good Understanding and happy Agreement between the King's Majesty and the Honourable Houses of Parliament; which your Petitioners are the more hopeful (by the Mercy of God) may be effected, when they call to Mind the several Expressions of His Majesty and both Houses of Parliament, in their several and respective Declarations tending thereunto.

"And that it may appear to all the World, by this as also by many former Petitions (notwithstanding the many scandalous Aspersions suggested to the contrary), this City is, and ever hath been, desirous of, and hath endeavoured to obtain, a safe and wellgrounded Peace, according to the solemn League and Covenant (their Interest being so much concerned therein).

"And your Petitioners do therefore humbly pray, That a Personal Treaty may forthwith be obtained, betwixt His Majesty and both Houses of Parliament, in the City of London, or some other convenient Place, where it may be most for the Honour and Safety of His Majesty's Royal Person, and Preservation of the Parliament, as in your Wisdoms shall be thought fit (unto which Treaty it is humbly desired that our Brethren of Scotland may be invited); that so (according to the Duty of our Allegiance, Protestation, and Solemn League and Covenant) His Majesty's Royal Person, Honour, and Estate, may be preserved, the Power and Privilege of Parliament may be maintained, the Rights and Liberties of the Subjects restored, Religion and Government of the Church in Purity established, all Differences may be better composed, a firm and lasting Peace concluded, the Union between the Two Kingdoms continued according to the Covenant, all Armies disbanded, and all your Soldiers just Arrears satisfied, the Kingdom's Burdens eased, and the laudable Government thereof by the good and wholesome Laws and Customs happily advanced.

"And they shall pray, &c.

"Michel."

York Militia Committee.

"Ordered, by the Lords and Commons assembled in Parliament, That Sir William Allinson be added to the Committee of the Militia for the County of Yorke."

Letter to Col. Jones, thanking him for his Services in Ireland; desiring he will prosecute the War vigorously, and not agree to any Cessation.

"Your Letters of the 31th of March have been read in both Houses, together with the inclosed Papers; and they understanding with how much Care and Faithfulness you have carried on the War in the Province of Lemster, notwithstanding all the great Wants that Army suffered under this last Winter, have commanded us to take Notice thereof unto you, and in a most special Manner to return you their hearty Thanks for the same; as also for the great Desire you express in that Letter, to manage the late Overtures of a Cessation made by Inchiquin, Owen Roe, and Preston, to the best Advantage of the present Service. And we are further to let you know, that they hold a Cessation with any of them so dectructive to the Affairs of that Kingdom, as they can by no Means allow of any Treaty tending thereunto. But their Desires are, that you should go on vigorously to prosecute the War, while you have those great Advantages which the Rebels Wants and Divisions now so manifestly offer to you. And as you see the late Care of both Houses, in sending so seasonably such plentiful Supplies of Provisions, and all Manner of Necessaries, to enable you to take the Field presently; so you may rest consident, that they will take Order, as soon as conveniently they can, for the sending over such Recruits both of Horse and Foot as are desired by you. And so we rest."

Order to indemnify Sir J Maynard, for not proceeding in his Contract for some Bishops Lands.

(fn. *) "Whereas Sir John Maynard, Knight of the Bath, did heretofore contract with the Contractors for Sale of Bishops Lands, for the Manor of Bugden, in the County of Hunt. about Twelve Months since; but, by reason of his late great Troubles, could not proceed upon that said Contract: And whereas, since, an Ordinance passed, That all should perfect their Assurances, or otherwise to forfeit a Third Part of their Purchase-money; which said Manor is since sold to Alderman Packe: It is Ordered, That the said Sir John Maynard be, and is hereby, discharged of and from all Penalties and Forfeitures, for not perfecting his Contract for the said Manor within the Time prefixed; the said Ordinance, or any Thing therein contained to the contrary thereof, in any Wise notwithstanding."

Woodcock to be instituted to Borden;

Ordered, That Doctor Bennett give Institution and Induction unto Jo. Woodcock Clerk, to the Vicarage of Borden, in the County of Kent, void by the Death of the last Incumbent there; salvo Jure cujuscunque: Sir John Colte Knight, Patron.

Priaulx to Nunton;

Ordered, That Doctor Heath give Institution and Induction unto M. John Priaulx, to the Rectory, Parsonage, or Prebendal Church, of Nunton, alias Newnton, in Com. Wilts, void by the Death of Doctor Chaffine: Earl Pembrooke, Patron.

Clarke to Witham on the Mount;

Ordered, That Dr. Aylett give Institution and Induction unto Edward Clarke Clerk, Master of Arts, to the Vicarage of Witham super Montem, in Com. Lincolne: salvo Jure cujuscunque: Granted by the Great Seal.

Ballow to Westley Waterless;

Ordered, That Doctor Heath give Institution and Induction unto Thomas Ballowe Clerk, Master of Arts, to the Rectory and Parish Church of Westley Waterlesse, in Com. Cambridge, void by the Death of the last Incumbent; salvo Jure cujuscunque: Sir Henry Compton Knight, and Richard Wynne Esquire, Patrons.

and Cage to Udmer.

Ordered, That Dr. Aylett give Institution and Induction unto William Cage Clerk, Master of Arts, to the Vicarage of Udmer, in Com. Sussex, void by the Death of the last Vicar there; salvo Jure cujuscunqus: Thomas Bromfeild Esquire, Patron.

Adjourn.

House adjourned till 10a, Thursday Morning next.

Footnotes

* Origin. committed.
* Origin. be being.
* Deest in Originali.
Origin. postposed.
* This Order is entered almost verbatim, p. 371. a.