House of Lords Journal Volume 10
30 September 1648

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1767-1830

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'House of Lords Journal Volume 10: 30 September 1648', Journal of the House of Lords: volume 10: 1648-1649 (1767-1830), pp. 521-524. URL: http://www.british-history.ac.uk/report.aspx?compid=32910 Date accessed: 25 October 2014.


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DIE Saturni, 30 Septembris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.
Comes Suffolke.
Comes Kent.
Comes Lyncolne.
Comes Denbigh.
Ds. Hunsdon.
Ds. Maynard.
Ds. North.
Ds. Howard.

Lee, a Pass.

Ordered, That Mr. Lee shall have [ (fn. *) a Pass,] for himself and his Man, with Two Horses, to go into France.

E. of Warwick to have the Custody of Hyde Park.

Upon reading a Letter of the Lord Admiral to the Earl of Manchester: (Here enter it.) It is Ordered to (fn. *) be sent to the House of Commons, with this Sense, That, upon the Receipt and Consideration of the Earl of Warwicke's Letter, directed to the Earl of Manchester, Speaker of this House, the Lords do think fit to revoke their former Order, of the recommending the Lord Howard to have the Custody and Keeping of Hide Parke; and do desire that the Earl of Warwicke may have it granted unto him: And the Concurrence of the House of Commons to be desired herein.

Osborn and Rootes, a Pass.

Ordered, That Mr. Henry Osborne and Mr. John Rootes shall have a Pass to go into the Isle of Wight.

Leonard to be instituted to Denford.

Ordered, That Dr. Heath shall give Institution and Induction to Wm. Leonard, to the Vicarage of Denford in the County of North'ton; presented thereunto by the Countess of Peterburgh.

D. of Richmond's Fine to be abated.

Upon reading the Petition of the Duke of Richmond: (Here enter it.) It is Ordered, That a Conference be had with the House of Commons; and to acquaint them with the Sense of this House thereupon, that this House thinks it fit to abate the Remainder of his Fine unpaid, in regard of the Loss of his Offices, which were his Freehold.

Ordinance to indemnify Story, for failing in a Purchase of Bishops Lands.

Upon reading an Ordinance, "That Mr. Story having contracted for the Mansion House of Foard, with the Park, in the County of Kent, with the Contractors for Bishops Lands; but, in regard the said Story hath since purchased other Bishops Lands, in the Bishopric of Winton, therefore he may not suffer the Penalty of the Ordinance of Parliament:"

It is Ordered, To be sent to the House of Commons, for their Concurrence therein.

Toll's Ordinance to be Comptroller of Lynn.

An Ordinance was read, for making Thomas Toll Comptroller of the Customs of Lynn, and putting out Mr. Shadwell.

It is Ordered, To be referred to these Lords Committees, to hear Parties on both Sides, and report the same to this House:

Comes Kent.
Comes Suffolke.
Comes Lyncolne.
Ds. North.
Ds. Hunsdon.

Any Two; to meet on Tuesday Morning next.

Kirk, a Pass.

Ordered, That John Kirke shall have a Pass, to go to the Isle of Wight.

Mr. Vaughan, a Pass.

Ordered, That Mr. Vanghan shall have a Pass, with Two Servants, to go into France.

Barley, and Inhabitants of Long Acre.

Ordered, That the Counsel of John Barley, and the Counsel of the Inhabitants of Long Acre, shall be heard, at this Bar, on Tuesday come Fortnight; in the mean Time, the said Barley shall forbear to build the House complained of, as a Brewhouse.

Bishop, a Pass.

Ordered, That Mr. Bishopp shall have a Pass, to go to the Isle of Wight.

Papers from the Committee at Derby House, concerning the Fleet.

The Earl of Denbigh reported divers Papers from the Committee at Derby (fn. *) House; which were read, as followeth:

1. The Lord Admiral's Summons to the revolted Ships.
2. The Prince's Answer to the Lord Admiral.
3. The Reply of the Lord Admiral and the Council of War.
4. The Lord Admiral's Answer to the Message of the Commissioners of The States of Holland, sent to his Lordship.
(Here enter them.)

Ordered, That these Papers be sent to the House of Commons.

Message to the H. C. with them;—for the E. of Warwick to have the Custody of Hyde Park;—and with the Ordinance to remove Obstructions in the Sale of Bishops Lands.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

1. To deliver to them the Report, with the Papers received this Day, and read, from Derby House.

2. To deliver to them the Letter of the Lord Admiral's, concerning the Keepership of Hyde Parke, with the Sense of this House thereupon.

3. To deliver to them the Ordinance for removing Obstructions in the Sale of Bishops Lands, with the Additions of Lords Names to be of the Committee; and desire they would nominate a Committee of their House, of a proportionable Number, to join with the Lords herein.

Sir W. Cobb and Mrs. Vannenden.

Upon hearing the Counsel of Mrs. Ann Vanenden, and the Counsel of Sir Wm. Cobb, upon the Complaint of the said Mrs. Vannenden, "That Sir Wm. Cobb had made Contempt to an Order of this House, dated the 13th of July, 1647, and speaking slighting Words of this House;" and upon a full Consideration of the Business:

It is Ordered, That Sir Wm. Cobb shall be discharged of his present Restraint, by Order of this House, as being found clear from any Particulars charged against him; and that the Cause is dismissed this House; and that Mrs. Vannenden shall pay the Fees which Sir Wm. Cobb should have paid to the Officers of this House if he had been found guilty of the Complaint.

Leonard to be instituted to Denford.

Ordered, That Dr. Heath give Institution and Induction unto Arthur Leonard Clerk, Master of Arts, to the Vicarage of Denford, cum Ringsteed, in Com. North'ton, void by the Death of the last Incumbent; salvo Jure cujuscunque: Presentation under the Hand and Seal of the Countess Dowager of Peterborough, Patroness.

D. of Richmond's Petition, for his Fine to be abated, on account of the Loss of the Wardenship of the Cinque Ports.

"To the Right Honourable the House of Peers.

"The humble Petition of James Duke of Richmond & Lenox;

Sheweth,

"That the said Duke is comprehended within the Articles of Oxford, and thereupon made a Composition for the freeing of his Estate from Sequestration with the Committee at Gouldsmiths Hall, for Eight Thousand Five Hundred Seventy-six Pounds, whereof he hath already paid the One Half, though with some Difficulty; his Estate being engaged before these Troubles for Forty Thousand Pounds Debt, which yet lies upon it at Interest: And further it is humbly offered to your Lordships Consideration, that, in his Composition, he hath not been admitted to a Part of his Estate, (videlicet,) the Office of Constable of Dover Castle, Chancellor, Admiral, and Warden of the Cinque Ports, wherein he hath a Freehold Estate; which he is content to submit to the Pleasure of the Parliament, upon such reasonable Allowance in the Abatement of his Fine as your Lordships shall think sitting.

"Wherefore he humbly prays your Lordships, to take the Premises into your Consideration, as you were pleased to do for the Government of the Isle of Wight to the Earl of Portland, by abating his whole Fine, which was above Nine Thousand Pounds; and that you will accept of that Part of his Fine for the Whole which is already paid, and recommend his humble Request to the Honourable House of Commons for their Concurrence.

"J. Richmond & Lenox."

L. Admiral's Summons to the revolted Ships.

"Sent the 19th Sept. aboard The Reformation, by Mr. Monins.

"Whereas I do observe a Fleet of Ships, Part of the Navy Royal of the Kingdom of England, to be now riding at Anchor off Helvord Sluice, and to bear a Standard; having been by their respective Mariners carried away, contrary to their Duty, and the Trust reposed in them by the Two Houses of the Parliament of that Kingdom, who had set them forth for the immediate Service thereof; as also other Ships belonging to particular Owners, that have been surprized by the said Ships, or otherwise adhered to them: I do therefore, by virtue of the said Parliament's Authority, whereby I am constituted Lord High Admiral of England, &c. require the Admiral or Chief Commander of the said Fleet to take down the said Standard; as also him, and the Captains and Mariners belonging to the said Ships, to render themselves and the Ships upon which they are respectively borne, to me, as Lord High Admiral of England, for the Use of the King and Parliament, in order to the settling of the Peace of His Majesty's Dominions. And I do hereby (by virtue of the Power derived to me by the said Houses of Parliament) offer Indemnity to such Captains, Officers, and Mariners, belonging to the said Ships, as shall actually bring in any of the said Ships, to myself or such as I shall appoint to receive the same, to the Use aforesaid. Whereof I expect a speedy Answer."

Sept. 19, 1648.

P. of Wales's Answer to it.

"Dated 22 Sept. delivered aboard The St. George, 24 Sept. 1648, by Mr. Boswell.

"We have seen a Paper, dated the 19 of September, signed by the Earl of Warwicke, and sent aboard our Fleet now riding at Anchor off Helford Sluice, and under our own immediate Command; by which, with strange Insolence and in a Manner very disagreeable to a Person of Honour (whose own Condition so absolutely depends upon the Preservation of the Regal Power), he requires our Officers to take down the Standard, and to render themselves and the Ships under their Command to him (who says (fn. *) he is constituted by Authority of Parliament Lord High Admiral of England), for the Use of King and Parliament. To all which extravagant Expressions and Demands he will receive the most proper Answer from the Disdain and Courage of those faithful Officers and Mariners whom he would corrupt, who have with such eminent Affection and Loyalty (which we shall always remember) brought that our Royal Father's Fleet to be employed under our Command for His Service; and who, we are confident, by God's Blessing, will preserve and defend the same against any such Demands or Attempts whatsoever. They very well know, it is in the King's sole Power to make a Lord High Admiral of England; and that, though this our Fleet be now required to be given up for the Use of the King and Parliament, the King in Truth is still in Prison, with such Circumstances of Restraint as (to say no more) are not (fn. †) usual in the Case of the most private Person; and whose Delivery and Freedom all His Subjects are obliged to endeavour, by the Laws of God and Man, with the utmost Hazard; and that, in that pious Work and whatsoever shall contribute thereunto, we have full Assurance, all the Officers and Mariners of our Fleet will vigorously perform their Part, and in so doing publish to the World how much they abhor those that would seduce them: And for the Encouragement of all such who have any Impressions in their Consciences of Honesty and Duty to God and the King, and who, we believe, by Fears and Threats are led into this desperate and wicked Combination; we do, by the Authority granted to us by our Royal Father, and in His Name, who hath the sole Power to grant Pardons, and without whose Consent no Act of Indemnity can secure any guilty Person, offer a gracious Pardon to all those Officers and Mariners who are now aboard any of the Ships under the Command of the Earl of Warwicke, if they shall quit that Service, and betake themselves to our Protection, where they shall be received into Pay, and into a better Condition of Subsistence than they can be in the Employment they now have: And if they shall bring with them any of the Ships in which they now are, or other Ships, they shall continue in the same Commands they now have, and receive such further Encouragement and Reward as (besides the Satisfaction of their Consciences) shall be very advantageous to them. And if that unhappy Earl himself, who hath contributed so much to the Destruction of a Government which himself or his Posterity can never reasonably hope to survive, (fn. ‡) upon the Observation of the Temper and Disposition of those whose Commands he now executes, and from whom we believe, in his First Engagement, he did not expect or apprehend such Commands, shall now, out of Conscience and Prudence, desire to join with us in the Rescue of our Royal Father from His unworthy Imprisonment, and in the restoring the almost-ruined Kingdom to Peace and Happiness, and the English Nation to their old Glory and Renown, we shall with all Princely Sincerity and Affection take him into our Arms, and concur with him to those great and good Ends, which can only make the Nation happy. Septembr. 22, Old Stile, 1648.

"Charles P."

"May it please your Highness,

Reply of the L. Admiral, and his Council of War, to the Prince's Answer.

"We have had the Honour to be acquainted with your Highness' Paper of the 22 of Sept. expressing your Displeasure against that Summons sent by the Right Honourable the Earl of Warwick (duly constituted Lord High Admiral of England), to the Admiral or Chief Commander of the Fleet of English Ships riding off Helford Sluice; which, as it was advised and approved by us (amongst others as his Lordship's Council of War), so, upon Second Thoughts, we cannot find to contain either Insolency or Extravagancy, it tending to no other End but the returning of those Ships to the Service of the King and Kingdom, whose they are; from which they have been perfidiously diverted and betrayed, and for their Reduction whereunto we shall not count the utmost Improvement of our Courage (which, blessed be God, will not be blunted with any treacherous Reflections), nor the Hazard of our Lives, too dear a Sacrifice; and which to endeavour, his Lordship is, by the Obligations of Honour and Duty, so much engaged. We have considered your Highness' Invitement of the Officers and Mariners of this Fleet, to quit and exchange this Service; which our and their Hearts do with the greatest Indignation disdain and abhor, as that which would be a Sin against God, an Injury to His Majesty, a further Disturbance of our native Country's Peace, and a Violation of those Impressions of Honesty and Duty which we owe to our Consciences and Trust; and so would render us truly unhappy, by really contributing to the Destruction of the Parliament, in whose Preservation and Honour, your Highness' Interest, as well as the Kingdom's; is so much concerned; and to the further Effusion of precious Blood, whose vast Expence, with the true Originals thereof, we beseech your Highness to lay sadly to your Princely Heart, and to make your serious Application to those Ways which may most directly conduce to a safe and well-grounded Peace betwixt His Majesty and the Parliament; in order to which, a Treaty is now depending, and His Majesty in a Condition of Freedom, Honour, and Safety. And in such Ways none shall with more faithful, chearful, sincere, and humble Affections serve your Highness, than

Aboard The St. George, at Anchor off Gorce, 25 Sept. 1648.

"Your Highness'

"Humble Servants,

"Warwicke.
"Robert Molton.
Richard Haddock.
George Aiscue.
"Francis Penrose.
Richard Willoughby.
John Bowen.
"John Bowen.
Tho. Harrison.
Andrew Ball.
"John Mildmay.
"John Coppin.
"Richard Fermes.
"Rob't Nixon.
"Owen Cox.
"John Lambert.
James Peacocke.
Wm. Brandley.
Richard Ingle.
John Pearce.
Tho. Pacy.
Rob't Blackleach."

L. Admiral's Answer to the Message from the States General, desiring him to observe a Neutrality in their Ports.

"Delivered aboard The St. George, riding before Goree, 22 Sept. 1648.

"I have considered of your Excellency's Message, delivered me in the Name of my Lords The States Generall of The United Provinces, expressing their Care to preserve a good Correspondence with the Kingdom of England, and a Neutrality betwixt the King and Parliament; and therefore praying and requiring, that the Fleet which I have brought into their Port may not commit any Act of Hostility within their Lordships Sovereignty: To which I return this Answer; That I am come hither in Pursuit of what I have in Command from the Two Houses of the Parliament of England, for reducing the English Ships now riding at Helvord Sluice, that appertain to the Kingdom of England, and have, by the Treachery of their Mariners, been withdrawn from their Duty to the Parliament, who had set them forth at the Charge of that Kingdom, and for the Service thereof: That, during my being here, I shall not willingly do any Act that may give just Offence to my Lords The States. But, if the Ships that have revolted from the Parliament, and are now within their Lordships Ports, shall, during my Abode here, do any Act of Prejudice or Affront to me, or any the Ships or Persons under my Command, I hope their Lordships will not take Offence, if I use my Endeavour for repairing such Affront or Prejudice from those that give it; and I doubt not but their Lordships will, during my Stay in their Ports, suffer me and the Fleet under my Command freely to enjoy all necessary Liberties and Accommodations. I shall only add, that whereas some Merchants Ships (either violently surprized, together with their Goods, or wickedly betrayed) are under the Power of the Ships so withdrawn from their Duty to the Kingdom of England, I shall desire, and with much Confidence expect, that the Parties interested shall have speedy Justice as to them, upon their Address in that Behalf to any the Courts of Justice within their Lordships Territories."

Indemnity offered by the E. of Warwick to the Officers of the revolted Ships.

"Robert Earl of Warwicke, Lord High Admiral of England, &c. now aboard The St. George, riding at Anchor before Goree, doth, by virtue of the Power derived unto him by the Two Houses of the Parliament of England, offer Indemnity to such Captains, Officers, and Mariners, belonging to the English Ships now riding or being at or before Helvood Sluce, as shall actually bring in any of the said Ships to him the said Lord Admiral, or such as he hath or shall appoint to receive the same, to the Use of the King and Parliament; which the said Lord Admiral doth undertake (upon Performance thereof) to procure to be confirmed and ratified by both the said Houses of Parliament.

"The 20 Septemb'r, Old, or 30 New Stile, 1648.

"Warwicke."

Report from the Committees at Derby House, concerning these Papers; and for a Supply for the L. Admiral's Fleet.

"Die Saturni, ultimo Septembr. 1648.

"At the Committee of Lords and Commons, at Derby House.

"Ordered,

"That it be reported to both Houses, That the Lord Admiral, with his Fleet, is now at Goree, in Holland: That he hath summoned the revolted Fleet; a Copy of which Summons, with the Prince's Answer, and the Reply of the Lord Admiral and the Captains of the Ships, also his Answer to the Deputies of The States Generall, is hereunto annexed: That the revolted Ships Companies have received Six Thousand Pounds, and are providing themselves of Things necessary to go to Sea: That the Lord Admiral cannot prosecute the Service, without a farther and present Supply of Victuals for his Fleet.

"Ex'r, Gualter Frost, Secr."

Letter from the E. of Warwick, concerning the Custody of Hyde Park.

"My very good Lord,

"I understand that, upon Perusal of my Brother of Holland's Grant to me of Hide Parke, in Strictness of Law, there may a Question arise, whether it could be assigned (being a Keepership) without express Power in the First Patent so to do; which I knew not of when I took the Assignment upon a valuable Consideration: And I was the less careful to look into the Validity of the Grant, because I assured myself my Brother of Holland would not take the Advantage of any Defect in it, being his own Act. And I hope such an Oversight shall not redound to my Prejudice, when I shall wholly lay the Weakness of my Title to the Park before their Lordships Judgement; being confident, in their Lordships Favour, that, being in Possession upon a Grant made for a considerable Debt which my Brother (fn. *) owed me, they will take the Equity of my Case into Consideration, rather than lay hold of the Strictness of the Law in a Matter of so small Advantage or Profit to the State. This (my Lord) if you will please to impart to their Lordships, and mediate for their Favours in a Request so reasonable, you will very much oblige

From aboard The St. George, in The Downes, the 17th of Sept. 1648.

"Your humble Servant,

"Warwicke.

"For my Son the Earl of Manchester, Speaker of the House of Peers pro Tempore."

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.
Origin in usual.
Origin. shall upon.
* Origin. ought.