House of Lords Journal Volume 7
12 November 1645

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1767-1830

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'House of Lords Journal Volume 7: 12 November 1645', Journal of the House of Lords: volume 7: 1644 (1767-1830), pp. 696-700. URL: http://www.british-history.ac.uk/report.aspx?compid=33444 Date accessed: 16 September 2014.


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Contents

DIE Veneris, 12 die Novembris.
Answer from the H. C. Message from thence, with Ordinances; with Sheriff Names for York and Hertford; for Colonel Bulstrode to be Governor of Aylesbury; and to expedite an Ordinance. Answer. Dr. Walker to give an Account of his Negotiation in Flanders. E. of Chesterfield's Petition. Sir C. Mordaunt and Cole. Ordinance for making Covent Garden Church Parochial. E of Denbigh's Officers desire to have the unsequestered Estates of Delinquents in and near London, for Payment of their Arrears. Ordinance concerning those who come from the King's Quarters. Butler, Legay & al. sent for, for forcing the Sheriffs Officers out of their Warehouse, put there at Jhannes Suit. Letter from the Scots Commissioners, that their Army is going to march towards Newark; complaining of its Want of Necessaries, and desiring they may have Free Quarter. Paper from the Committee for Irish Affairs, for the Scots to be desired to give up Belfast to the English Forces. Message to the H. C. with it; and about the following Particulars. Order for 3000 l. to Lloyd, for Cloathing Gen. Langhorn's Forces. Order for 1000 l. for the Nottingham Horse. Order for the Commissioners of Excise to reimburse themselves 1000 l. advanced to the Garrison of Abingdon. Sir John Bourcher to be High Sheriff of York. Sir R. Jesselyn to be Sheriff of Hertford. Order to present the Parks of Pecrs. E. of Chesterfield's Petition, for an Allowance out of his sequester'd Estate. Instructions for Mess. Pickering, &c. to convoy Prince Rupert and others. Prince Rupert, &c. Pass. Affidavits concerning Butler, Legay and others, driving the Sheriffs Officers away, who were in Possession of a Warehouse of theirs, at the Suit of Jhannes. by Order of the Lords. Footnotes

DIE Veneris, 12 die Novembris.

Prayers, by Mr. Carter.

Ds. Grey de Warke, Speaker.

Comes Rutland.
Comes Sarum.
Comes Denbigh.
Comes Nottingham.
Comes Bolingbrooke.
Comes Suff.
Ds. North.
Ds. Roberts.
Ds. Howard.
Ds. Dacres.
Ds. Willoughby.
Ds. Wharton.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree in the Alterations in the Pass to Prince Rupert, &c. (Here enter them.) And they agree to the Petition of the Russia Merchants.

Message from thence, with Ordinances;

A Message was brought from the House of Commons, by Mr. Whitlocke Esquire, &c.

To desire Concurrence in these Particulars:

1. An Ordinance for Mr. Nathan Wright and Mr. Lenthall to be Receivers for the Monies for Plymouth, upon Merchandize.

Read, and committed to these Lords following; videlicet,

E. Sarum.
E. Lyncolne.
Ds. Willoughby.
Ds. Howard.
Ds. Robertes.

Any Two, to meet when they please.

2. An Ordinance to issue, out of the Excise, Three Thousand Pounds, for Major General Langhorn's Forces. (Here enter it.) Agreed to.

3. An Ordinance to pay, out of the Excise, One Thousand Pounds, with Interest for the same, for Nottinghamshire Horse. (Here enter it.) Agreed to.

4. An Ordinance to pay One Thousand Pounds to the Garrison of Abingdon. (Here enter it.) Agreed to.

with Sheriff Names for York and Hertford;

5. That Sir John Bourchier be High Sheriff of the County of Yorke. (Here enter it.) Agreed to.

6. That Sir Rob't Jocelyn be High Sheriff of the County of Hertford. (Here enter it.) Agreed to.

for Colonel Bulstrode to be Governor of Aylesbury;

7. That Lieutenant Colonel Bulstrode be nominated and appointed to be Governor of Aylebury; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly. Agreed to.

and to expedite an Ordinance.

8. To desire Expedition in the Ordinance concerning such Persons that come out of the King's Quarters.

The Answer returned was:

Answer.

That to the Ordinance concerning the Five Thousand Pounds for Plymouth, and the Ordinance touching those that come out of the King's Quarters, this House will send an Answer by Messengers of their own: To all the rest, this House agrees.

Dr. Walker to give an Account of his Negotiation in Flanders.

Ordered, To desire a Conference with the House of Commons To-morrow Morning, concerning a Letter received from the Governor of Flanders; and that Mr. Doctor Walker may (fn. *) be heard, to make a Narrative of his Employment there, about the Affairs which he had given him in Charge by the Houses of Parliament.

E. of Chesterfield's Petition.

The Petition of Phillip Earl of Chesterfield, was read; and Ordered to be referred to the Committee of Lords and Commons for Sequestrations. (Here enter the Petition.)

Sir C. Mordaunt and Cole.

Upon reading the Petition of Sir Charles Mordant, concerning the Business depending in this House between him and Mr. Basset Cole: It is Ordered, That both Sides shall be heard on Friday next; and Mr. Cole to have a Copy of this Petition.

Ordinance for making Covent Garden Church Parochial.

The Lord Robertes reported the Ordinance for making the Church in The Covent Garden Parochial; and the Committee thinks it fit to pass, with some Alterations, which were read, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence in the said Alterations.

E of Denbigh's Officers desire to have the unsequestered Estates of Delinquents in and near London, for Payment of their Arrears.

"The humble Desires and Proposals of the Officers of the Earl of Denbigh.

"1. That the Real and Personal Estates, which belong, or did belong, to Papists and Delinquents to the Parliament, within the Cities of London and Westm. and within Thirty Miles Distance of the said Cities, which have not yet been discovered or sequestered, and which shall be discovered by the Petitioners or their Agents, may be seized, and the Profits arising thereby may be enjoyed by the Petitioners, for their present Relief, and towards the Payment of their Arrears, or so much thereof as shall be thought fit.

"2. That it be referred to the several Committees in whose Jurisdiction such Discoveries shall happen, to examine, levy, and pay such Monies as shall accrue by any such Discoveries."

Ordered, To be sent to the House of Commons, with Recommendations.

Ordinance concerning those who come from the King's Quarters.

The Earl of Denbigh reported from the Committee, the Ordinance concerning those Persons as come out of the King's Quarters, as fit-to pass, with some Alterations and a Proviso; which were read, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.

Butler, Legay & al. sent for, for forcing the Sheriffs Officers out of their Warehouse, put there at Jhannes Suit.

Upon reading the Affidavits of John Nolord and Wm. Harrison: (Here enter them.) It is Ordered, That Thomas Howett, Ric'd Butler, Edmond Butler, Wm. Bentley, Peter Legay, Peter Mackrill, Martine Bentley, and Tho. Butler, shall be attached, and brought before this House, to answer the said Misdemeanors.

A Letter was read, from the Scotts Commissioners, as follows:

Letter from the Scots Commissioners, that their Army is going to march towards Newark; complaining of its Want of Necessaries, and desiring they may have Free Quarter.

"My Lord,

"We are desired, by his Excellency the Earle of Leven, to acquainte both Houses, that the Scottish Army is speedily to march towards Newarke; and further to represent their extreame Wants and pressing Necessities, by reason they have nether Monies for their Entertainment, nor Clothes to defend them from the Injury of the Weather, and soe are exceedingly disabled from performing that Service which may be expected: It is therefore our earnest Request to the Honorable Houses, that an Ordinance may be past for their Re-payment, who shall lend any Money for advancing a Month's Pay to the Scotch Army; that they would give Order for present providing them with Clothes; and, for their presente Subsistence, appoint the Counties to afford them Free Quarter. Wee have diverse Times represented to the Houses, that the Committee of Gouldsmiths Hall are charged, by Order of the House of Commons, to pay the Scotch Army, out of the Compositions with Delinquents, 31,000l. whereof is only payd as yet 14,000l. and rests 17,000l. and wee do againe earnestly intreate, that Moneyes may not be drawne upon the Committee at Gould. Hall for other Uses, whereby they are disabled to advaunce any considerable Supply for that Army, or in any Measure to satisfy the Expectation of the Houses in providing for their Maintenance: This being a maine Obstruction, and exceedingly prejudiciall to that Army, wee doubt not but the Houses will remove it, and settle such a Course for their future Enterteynment, as that Army may be enhabled for the Publique Service, the advauncing whereof is their earnest Desier, and also of

Worcester House, 12th No. 1645.

Your Lordship's very affectionate Friends and Servants,

"Loudon.
J. Balmerin'.

"My Lord, wee earnestly desier you to put the House in Mynde to retorne an Answer to our former Papers."

Ordered, That this Letter be communicated to the House of Commons.

The Earl of Denbigh reported a Paper from the Committee for Irish Affairs; which was read, as follows:

Die Martis, 11 die Novembris, 1645.

At the Committee of Lords and Commons for Ireland.

Paper from the Committee for Irish Affairs, for the Scots to be desired to give up Belfast to the English Forces.

This Committee taking into Consideration, amongst other Things conducing to the well-managing of the Wars in Ireland, that, as they are providing Victual, Cloaths, Arms, and Ammunition, for the Brittish Forces in the Province of Ulster, which are to be daily sent over, and had in a Readiness there against the next Spring, so special Care is to be taken for some convenient Harbour, where they may be landed safely, and kept in Magazine, to be distributed to the Soldiers with least Trouble, Hazard, and Charge of Carriage; without which, they cannot proceed in a methodical Way of Provision, but shall render all their Preparations useless, if not hazard the casting, of them away; therefore, conceiving the Town of Belfast (which is a convenient Port, and well fortified) to be the fittest Place in that Province for that Purpose, and the only Place of Strength, whither the Brittish Forces, who are most of them quartered in that Part of the Country, can in case of Danger retreat unto, in regard the Towns of Carrickfergus and Colerane are, by the Articles, designed for Garrisons to the Scottish Army; and understanding that the said Town of Belfast hath been lately seized on by the Scottish Forces, thought fortified and garrisoned by the Brittish Forces employed there in the Service of the Parliament, and is at the present possessed by the Scottish Forces as a Garrison of theirs, though not included in the Articles of Treaty concluded on by the Two Kingdoms, so that the Brittish Forces there have no Power thereof: This Committee have thought fit, that a fair Representation may be made thereof to the Houses of Parliament, to the End that (if the Houses shall think good) they may accordingly order and give Directions to their Commissioners residing in the Province of Ulster, to require the Delivery thereof to such Persons as shall be appointed by the Parliament of England, or any Committee authorized by them, to receive the same; and that the Earl of Denbigh is desired to represent this to the House of Lords, as the Opinion of this Committee."

Ordered, That this House approves of the Opinion of the Committee in this Particular; and that this be communicated to the House of Commons by the next Message.

Message to the H. C. with it; and about the following Particulars.

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

1. To let them know, that this House hath agreed to the Ordinance concerning making The Covent Garden Church Parochial, with some Alterations, wherein their Concurrence is desired.

2. To acquaint them, that this House agrees to the Ordinance concerning those Persons that come out of the King's Quarters, with some Alterations, and a Proviso, wherein their Concurrence is desired.

3. To communicate to them the Scotch Letter.

4. To communicate to them the Paper reported from the Committee of Lords and Commons for Irish Affairs.

Order for 3000 l. to Lloyd, for Cloathing Gen. Langhorn's Forces.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Three Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same shall be forborn, be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, unto Charles Lloyd, One of the Commissioners of the Customs, or his Assigns, for the providing of Cloathing, Ammunition, Pay, and other Necessaries, for the Soldiers under Major General Langhorne's Command; and the Receipt of the said Charles Lloyd, or his Assigns, to be the Commissioners of Excise for the Time being their sufficient Warrant and Discharge, for Payment of the said Three Thousand Pounds and Interest, and every Part and Parcel thereof."

Order for 1000 l. for the Nottingham Horse.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That One Thousand Pounds, with Interest for the same, shall be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, for the Service of the Horse at Nottingham, unto Francis Thornbagh, Gilbert Millington, Esquires, or either of them, their Assignee or Assigns, whose Receipt or Receipts shall be unto the Commissioners of Excise for the Time being their sufficient Warrant and Discharge, for Payment of the said One Thousand Pounds, with Interest for the same, accordingly: And it is further Ordained, That the Interest for the said One Thousand Pounds shall be paid to the Lenders thereof, or of any Part thereof, at the End of every Six Months, until the said One Thousand Pounds and Interest as aforesaid shall be fully satisfied."

Order for the Commissioners of Excise to reimburse themselves 1000 l. advanced to the Garrison of Abingdon.

Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of One Thousand Pounds, for the Service of Abingdon, under the Command of Major General Browne: Be it Ordained, by the Lords and Commons in Parliament, That the said Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said One Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, to come in upon the Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and shall not, by any Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves, or being satisfied, accordingly; and the Commissioners of Excise are hereby authorized to pay the said Sum of One Thousand Pounds to John Billingsley Esquire, Treasurer of the Garrison of Abingdon, whose Receipt or Receipts for the said One Thousand Pounds shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the said Sum of One Thousand Pounds, and every Part and Parcel thereof, in that Behalf: And it is further Ordained, That in case the said One Thousand Pounds and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Intervals or Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors, Administrators, and Assigns, shall be reimbursed and paid, out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of the said One Thousand Pounds and Interest accordingly."

Sir John Bourcher to be High Sheriff of York.

"The Lords and Commons in Parliament assembled do nominate and approve of Sir John Bourcher, to be High Sheriff of the County of Yorke; and that the Commissioners of the Great Seal of England do grant him a Patent accordingly."

Sir R. Jesselyn to be Sheriff of Hertford.

"The Lords and Commons in Parliament assembled do nominate and approve of Sir Robert Iosselyne Knight, to be High Sheriff of the County of Hert.; and that the Commissioners of the Great Seal do grant him a Patent accordingly."

Order to present the Parks of Pecrs.

Ordered, That the Order for exempting the Parks that belong to the Mansion-houses of Peers of this Land, being Ancient Parks, and no Profit made thereof, shall be general, that so any Peer as will may take the same out.

E. of Chesterfield's Petition, for an Allowance out of his sequester'd Estate.

To the Right Honourable the Lords in Parliament assembled.

The humble Petition of Phillip Earl of Chesterfeild;

Sheweth,

That your Petitioner labouring under several long and grievous Sicknesses, in the Time he hath continued your Prisoner (by your Honourable Favour, in his hired Lodgings), for Two Years and Half last past, and hath, in the Distempers of these Times, been despoiled of his Houshold Stuff (not mean); his Houses defaced and ruined, his whole Personal Estate within and without Doors violently seized and carried away, to the Value of above Thirty-six Thousand Pounds; his Woods and Timber wastefully felled; his Parks almost destroyed, his whole Real Estate sequestered, amounting to above Fourteen Thousand Pounds more; his Tenants Stocks driven away; his Farms thrown up; his Lands laid waste; his Debts (which before were great) increased; his Friends, Tenants, and Servants, engaged for him, imprisoned; and (that nothing of Job's Afflictions might be wanting) his Children slain and cruelly murthered after he had laid down Arms, and another lately killed in One of your Petitioner's Houses.

The Petitioner, in this sad and afflicted Condition, if these his Sufferings may not suffice to expiate the Offence conceived against him, and move with your Lordships to restore him to his Liberty and ruined Estate, being utterly disabled of all Means to redeem himself and Estate by the Favour vouchsased to others, to be admitted to their Composition whilst they had somewhat to do the same (which your Petitioner now hath not), and is but bare Tenant for Life, makes his humble Address to your Lordships, that you will be honourably pleased, in your Nobleness, so far to take into your Consideration your Petitioner, as that some fit Competency, out of your Petitioner's Estate, may, by the Honourable Order of both Houses, be timely allotted and paid him, out of his sequestered Estate, in the Counties of Darby, Nottingham, and Lyncolne, for the necessary Support of your Petitioner, by the Honourable Committee of Lords and Commons for Sequestrations.

And your Petitioner shall pray, & c.

Ex'r, vera Copia.

"P. Chesterfeild."

Instructions for Mess. Pickering, &c. to convoy Prince Rupert and others.

"It is Ordained, by the Lords and Commons in Parliament assembled, That Mr. Edward Pickering, together with Colonel Edward Rossiter, Sir Richard Skevington, Colonel William Puresoy, Colonel Bridges, Mr. Henry Harbert, and Mr. Nicholas Lechmere, or any One or more of them, shall receive the Engagements and Undertakings of Prince Rupert, Prince Maurice, and other Officers and Persons of Quality, with their Servants, as by virtue of a Pass from both Houses of Parliament, bearing Date the 10th Day of November, shall have Liberty to go to the Ports of Yarmouth, Dover, Rye, or South'ton, to transport themselves beyond the Seas, out of His Majesty's Dominions, after such Engagements made, and subscribed with their own Hands particularly, that they, or any of them, shall (fn. *) never bear Arms, or act any Thing against both Houses of the Parliament of England, or against the Estates of the Parliament of Scotland, or against their Forces in any of the King's Dominions: And the said Mr. Edward Pickering, with such of the Persons before named as shall accompany him, shall take a List of the Names of such as so shall engage, and return the same, with the Time and Place of making of such Engagement, to both Houses of Parliament."

Prince Rupert, &c. Pass.

"Whereas Prince Rupert, by his Letters, one directed to both Houses of Parliament, the other to Colonel Rosseter, hath signified that himself, his Brother Prince Maurice, and many Officers and Gentlemen of Quality, have resolved to leave this Kingdom, being altogether disengaged from His Majesty's Service wherein they have been; and being desirous to retire themselves from any Action in this present War; the said Prince Rupert hath desired the Favour of the Parliament, to grant a Pass, for himself, his Brother Prince Maurice, and divers other Officers and Gentlemen that come along with them, together with their Servants, Horses, and Necessaries, to go beyond the Seas; the said Prince Rupert engaging his Honour, for himself and them, not to act any Thing to the Prejudice of the Parliament, nor that any Act of Hostility should be done by him or them, and that there is no other Design in their Journey than to go where their particular Occasions and Designs shall lead them: It is therefore thought fit, and so Ordered, by the Lords and Commons in Parliament assembled, That the said Prince Rupert, Prince Maurice, and such other Officers and Gentlemen of Quality, with their Servants, Horses, and Necessaries, as the said Prince Rupert shall name, and deliver a Lift thereof to the Messenger that shall bring him this Pass, may freely and quietly pass, without any Interruption, to the several Ports of Yarmouth, Dover, Rye, or South'ton, or to any of them, within Fourteen Days next after the said Prince Rupert shall receive this Pass (so as they come not through the City of London, nor within the Lines of Communication); and shall, at the said Ports, or any of them, embark and transport themselves, with the First Opportunity, out of the King's Dominions, when they have engaged themselves upon their Honours, and subscribed it with their own Hands particularly, before such Persons as both Houses of Parliament shall authorize to receive the same, that they will never more bear Arms, or act any Thing, against both Houses of the Parliament of England, or against the Estates of the Parliament of Scotland, or against their Forces in any of the King's Dominions."

Affidavits concerning Butler, Legay and others, driving the Sheriffs Officers away, who were in Possession of a Warehouse of theirs, at the Suit of Jhannes. by Order of the Lords.

November the 12th, 1645.

I John Nolord, being One of the Sheriffs Officers of London, and in Commission, was in Possession of a Warehouse of Mr. Buttler's and Mr. Legaye's, wherein was Goods of both the aforesaid Parties: I the said John Nolord, with Four more being in Conclusion with me, being together in the aforesaid Warehouse, for the Space of Five Hours, without Molestation; and afterwards these whose Names are underwritten, being the Ring-leaders, with Twenty more, broke in backwards upon us, with drawn Swords, Pistols, and Halberts, charging (fn. *) us to be gone, and to leave our Possession, with many threatening Words, "That, if we should deny it, they would pistol us, or some other Way bring us to untimely Ends;" whereupon we replied to them, "That we came in by Order of Law, and so did desire that we might keep it until it were otherwise ordered." Having answered thus, they replied to us again, That they would not obey any Order of the Law or Lords; for the Lords were against the Liberty of the Subject." Also we being imprisoned by them for the Space of One Hour or more, they would not suffer any others to go out, nor to write a Note unto Mr. Johns, in what Distress we were in, expecting every Moment to be murthered by them; neither would they suffer the said Mr. Johns' Servant to speak unto him, being One of the Parties that was in this Business; but they violently turned us out by Force of Arms.

Thomas Howett Ring-leader, Richard Butler, Edmond Butler, Wm. Bently, Peter Legay, Peter Mackerill, Martin Bently, and Thomas Butler.

John Nolord maketh Oath that the Contents of the above Writing is true.

Sig.

Joh'is X Nolord.

Jur. 12 Novembris, 1645.

"Robert Aylett."

That, upon the Eighth of November, 1645; I Wm. Harrison did enter into the Warehouse of Thomas Butler, and there, by virtue of an Execution, at the Suit of Wm. Ihones, did seize the said Warehouse, being in Nicholas Lane, London, Thirty-six Bales of Linen Cloth or thereabouts, Six Bales of Paper, and the Quantity of a Load of loose White Paper, Thirty Housheads of Verginia Tobacco, as the Goods of Thomas Butler, Isaac Legay, or Daniell Fairefax; and that, being in Possession of the said Goods Five or Six Hours, there came down a Pair of Stairs, into the Warehouse, Thomas Howett, Edmund Butler, Richard Butler, Wm. Bently, Peter Mackerell, Peter Legay, and divers other Persons, to the Number of Twenty or more, whose Names are unknown to me the said Wm. Harrison, in a most riotous and tumultuous Manner, with Swords drawn, Pistols cocked, and other offensive Weapons, fell violently upon me and other Officers that were present with me, and had Charge of the said Goods by virtue of the Execution aforesaid; and when myself and they with me bid them consider what they did, and whom they resisted, and that there was nothing done but by Order of the Lords in Parliament, they replied, We are not to obey any Order of the Lords; for they are private Men for themselves, and it is illegal, and contrary to the Laws of the Realm; and we are come here to maintain the Laws of the Kingdom:" And thereupon fell upon me and the rest with Stroaks, and dragged us out of Doors, and recovered the Possession of the said Goods from us.

Will'm Harrison.

Jur. 12 Novembris, 1645.

"Robert Aylett."

Footnotes

* Deest in Originali.
* Origin. ever.
* Origin as.