House of Lords Journal Volume 8: 6 May 1646

DIE Mercurii, 6 Maii.

PRAYERS, by Mr. Calamy.

Comes Manchester, Speaker.

Capt. Somaster's Arrest.

Ordered, That Captain Somarster shall be brought before this House To-morrow, being arrested contrary to the Privilege of Parliament.

Letters from the Committee near Newarke.

A Letter from the Lord Mountague was read, concerning the Progress of the Treaty of Newarke.

(Here enter it.)

A Letter from Sir Tho. Fairefax was read, with an inclosed Paper. (Here enter it.)

Letter from Sir T. Fairfax, about the D. of Richmond and the E. of Lindsay.

"My Lord,

"Having received a Letter from the Duke of Richmond and the Earl of Lyndsey, of which this inclosed is a Copy, I thought fit to present the same to the House; with this Desire, that, if it may not be of Prejudice to the Public Affairs, their Desires may be answered, they being already secured at Woodstocke. They are Persons of Honour, and have engaged themselves neither directly nor indirectly to act any Thing against the Parliament: But what shall be commanded concerning them shall be observed by him who is

Heddington, May 4, 1646.

"Your Lordship's

"Most humble Servant,

"T. Fairefax.

"For the Right Honourable the Speaker of the House of Peers pro Tempore."

The other Paper.

Letter from the D. of Richmond and the E. of Lindsay, to Sir T. Fairfax, desiring Passes for themselves and others to go home.

"SIR,

"His Majesty having thought fit (as He expressed to us) in Person to draw nearer to His Parliament, which hath always been our humble Opinion and Advice; we, who have followed Him in the relation of domestic Servants, would not remain in any Place after Him, to expose ourselves to a doubtful Construction with the Parliament, of having other Business; nor have we other Design in coming, than to pursue our Obligation to the King and the Parliament, without meddling or disturbing Affairs: Therefore desire, in order to that, we may have Leave, as others not better-hearted to the Peace of this Kingdom have had, to come to London, go to our own Homes, or continue here, if the Time yet be not unfree of Jealousy, or that it may give any Offence, which we have ever desired as much as in us lay to prevent. The procuring this Favour of the Parliament by your Means will oblige us

May 2, 1646.

"Your humble Servants,

"J. Richmond & Lenos.

"Lindsey."

"Here are with us Sir Edward Sidenham, Sir Wm. Fleetewood, Mr. J. Cary, Servants to the King; who are of the same (fn. 1) with us, and desire to be presented to your Favour in the like Manner."

Letter to be wrote to Sir T. Fairfax about them.

Ordered, That a Letter be written, by the Speaker, to Sir Tho. Fairfax, to acquaint him what Order this House hath already given concerning the Duke of Richmond and the Earl of Lyndsey, and desire him to see it put into Execution; which this House expects.

The Earl of Warwicke reported a Paper from the Committee for the Admiralty; which was read, as follows:

"Die Jovis, 30 Apr. 1646.

"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Ship called The Lion's Eighth Whelp to be sold.

"Captain Crandley, One of the Commissioners of the Navy, certifying the Committee this Day, That The Lyon's Eighth Whelp, being One of the Ships of the Navy, is decayed, sunk, and altogether unserviceable, and contracts only a Charge to the State; this Committee doth recommend it to both Houses, that Order may be given for her Sale.

"W. Jessop, Secretary."

Ordered, That this House approves of the Opinion of the Committee for the Admiralty, to sell The Eighthe Wbelpe, as is expressed in the Report; and the Concurrence [ (fn. 2) of the House of Commons] is to be desired herein.

Ordinance to keep Delinquents without the Lines.

The House was adjourned into a Committee of the House during Pleasure, to consider of the Ordinance for keeping Delinquents out of the Line of Communication.

The House being resumed;

These Lords following were appointed to amend this Ordinance, and make it as the other Ordinance, only extending it to Twenty Miles further:

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Rob't Pye:

To desire their Lordships Concurrence in an Ordinance concerning the assigning of Mr. Poole's Lands, mortgaged to Sir Humphry Tracy, to the Mayor and Burgesses of Glo'ster, &c.

The Answer returned was:

Answer.

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

Ordinance to assign Mr. Pool's Lands, mortgaged to Sir H. Tracy, to the Mayor, &c. of Gloucester.

The said Ordinance was read Twice, and Ordered to be taken into Consideration; and committed to

Any Two, to meet To-morrow Morning.

Ordinance to keep Delinquents without the Lines.

The Lord Wharton reported from the Committee the Ordinance for keeping out the Delinquents out of the Line of Communication, with some Alterations; and the Ordinance being read with the said Alterations, the House Agreed to the same, and Ordered to be sent to the House of Commons.

Message to the H. C. with it, and the One about the Captives in Barbary.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To deliver the Ordinance for keeping out the Delinquents out of the Line of Communication, with the Alterations therein, and desire their Concurrence therein.

2. To desire their Concurrence in the Ordinance concerning Captives under the Turks.

Letter from L. Savill.

A Letter from the Lord Savill, to the Speaker of this House, was read, with the inclosed Paper.

(Here enter it.)

Ordered, That this Business shall be taken into Consideration To-morrow Morning the First Business.

Message from the H. C. for Sir H. Waller to command the Forces going to Jersey;

A Message was brought from the House of Commons, by Sir Henry Mildmey Knight;

To desire Concurrence:

1. That Sir Hard Waller may command the Forces that are to go to the Isle of Jersey.

with a Pass for Lumley;

2. An Order that Sir Martyn Lumlie's Son may have a Pass, to go beyond the Seas, &c. (Here enter it.)

Agreed to.

and to expedite an Ordinance.

3. To desire Expedition in the Ordinance for putting Delinquents out of the Line of (fn. 3) Communication.

Ordered, That this House adheres to their former Resolution, for making Colonel Aldridge Commander in Chief of the Forces that are to go with the Forces to the Isle of Jersey.

The Answer returned was:

Answer.

That this House agrees to the Order for Sir Martin Lumley's Son to go beyond the Seas: To the rest of the Particulars of this Message, this House will send an Answer by Messengers of their own.

Harford and Hasewell.

Ordered, That the Cause between Harford and Hasewell shall be heard To-morrow Morning.

Eastham Poor.

Ordered, That the Cause concerning the Poor Men of Eastham shall be heard on Friday Morning next.

Turner and Wilgric.

Ordered, That the Cause between Turner and Wilgric shall be heard the Friday before the next Term.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That concerning Mr. Peters' Ordinance, they do agree to it: (Here enter it.) As to the Business concerning Mr. Howard and Colonel Aldridge, they will send an Answer by Messengers of their own.

E. of Nottingham and Countess of Peterborough.

The House being informed, "That there was a Cause depending in the Court of Wards, between the Earl of Nottingham and the Countess of Peterborough, where she waved her Privilege; and in regard, that Court being now put down, the said Suit is removed into the Chancery; and the Earl of Nottingham desires that a Letter may be writ, by the Commissioners of the Great Seal, to the said Countess, to appear to the said Suit."

It is Ordered, That the Countess of Peterborough be acquainted with this Desire of the Earl of Nottingham, it being for the same Business as was commenced in the Court of Wards and Livery.

Horses to be exported, for the Prince of Orange.

Ordered, That a Pass be granted, for the transporting of Six Horses into Holland, for the young Prince of Orange; and the Concurrence of the House of Commons to be (fn. 4) desired herein: And accordingly a Message was sent down to the House of Commons, by Doctor Aylett and Doctor Heath.

Letter from L. Savill, with a Consession about the Letter he received from Oxford.

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

"My very good Lord,

"It is not unknown unto your Lordship, that I have long lain under the Displeasure of the Right Honourable House of Peers, by reason of a Contempt which the Tyranny of Honour and sacred Laws of Friendship have in a sort enforced me to commit.

"I have for it suffered an Imprisonment so long and heavy, as have made the Condition of my Health desperate and irrecoverable.

"For which Cause, as unwilling to die under such a Contempt, I did heretofore make an humble Overture to the Right Honourable House, as I hoped would have given Satisfaction; upon which, a Subcommittee was appointed, out of the Members of both Houses, to receive such Information as I should present unto them for the clearing of my Contempt.

"The which Sub-committee I have long expected; but hearing nothing of it, and my Infirmity growing fast upon me, I think fit to make an ingenuous Relation of what they desire to know, publicly, to both Houses of Parliament.

"That to the House of Peers I have presumed to send to your Lordship in this inclosed Letter, as being at this Time worthily chosen to be the Speaker of that House; which I humbly desire your Lordship would be pleased to present unto them, as knowing your Lordship (besides your Public Relation) to be a Person of so much Honour and Nobleness as not to decline so just a Request; it containing nothing, as your Lordship will see, other than a Testification of my Obedience to their own Commands; in which your Lordship shall much oblige

Tower, this 5th of May, 1646.

"Your Lordship's

"Most humble Servant,

"Savile."

L. Savill's Confession, that the Letter he received from Oxford, accusing Mr. Holles of corresponding with L. Digby, was wrote by the Dutchess of Buckingham.

"After a long Imprisonment at Oxford, I came to London by a Pass from the Earl of Essex, and was made a Prisoner at my coming hither; at which Time I did impart unto the Lord Viscount Say some Things which I had to declare unto him for the Advantage of the Parliament.

"It was thereupon Ordered, by the Committee of both Kingdoms, That a Sub-committee should be named, to take the Information of what should be propounded; which Sub-committee gave me Authority and Power to treat at Oxford about the same. I engaged myself (for the more clear dealing) to communicate unto them the Substance of such Letters and Returns as I received from thence; but that the Knowledge of the particular Names who writ the same should not be pressed to their Prejudice who gave the Intelligence.

"During that Time, I received a Letter from an Honourable Person, who, in great Secrecy and Caution to myself, writ unto me to take Notice, that Mr. Hollis was a Correspondent with my Lord Digby, which was the same Letter that the Two Honourable Houses of Parliament enjoined me to declare who writ it, and which was both delivered and decyphered in the Presence of the Lady Temple, in whose House I was then a Prisoner.

"I considered the great Honour of the Person that writ it; how far from Levity and rash Censure in Matters of least Consequence; how great Means they had at that Time more than others to know such Secrets; what Probability I had in my own secret Thoughts to induce me to look upon it as a Thing that might (fn. 5) possibly be so, especially knowing that the said Honourable Person who writ the same had a great Desire to be admitted to come to London, and do something that might deserve the Parliament's Favour to them; and lastly, I considered I was engaged in Honour to reveal the Substance of all Intelligence which I received from Oxford; being confident, on the other Part, that I should not be pressed to name the Person, as I was assured: Upon all which Considerations, the Lord Say and Mr. Solicitor were made acquainted with the Substance of the said Letter; and the Lord Say (as I remember) came unto me in Person the same Night, unto whom I declared, that, by reason of that Tie of Honour which was upon me, I could not avoid the imparting of such an Intelligence to him which I received from Oxford; but withall that I knew his Lordship understood very well, that such a Letter without further Proof was not sufficient to call in Question the Reputation of a meaner Person than a Member of the Parliament, unless it could be driven (fn. 6) home by further Proofs, which I assured him I would endeavour to do. His Lordship was of the same Opinion; saying "(God forbid) that a bare Letter from Oxford should have the Power to ruin any Person here, without other Proof! for then who could be safe?" And concluded with me, that, unless further Proof could be made of it, it should go no further. I did thereupon write unto the Author of that Letter, and did use the best Arguments I could, to persuade them to come up hither; and that, if the said Intelligence aforesaid were well grounded, I could assure them that it would be reckoned here as a real and great Service, and the best Means I knew to procure that Favour which I presumed they desired; who thereupon (as I have heard) hath used all possible Means to procure Leave to come, but it could not [ (fn. 7) be obtained]; and my Imprisonment for this Letter also happening, shut up all further Hope. The Person who writ this Letter was the Dutchess of Buckingham; and I am consident that, when your Lordships shall consider, that being a Lady, and of great Honour and Prudence (setting aside the unfortunate Charge of her Religion lately made), a Person so near allied to me in Blood, and more in the Bonds and Obligations of ancient Friendship, and that this Secret was sent unto me as a Caution only for my own private Importment, you will not, I hope, think it strange that I have hitherto suffered so much (even your Displeasure) rather than to ruin or prejudice such a Trust; and truly, but that I have some Hope that the Condition of the present Times may be less prejudicial to her than if formerly revealed, and that there can be nothing worse to me in this desperate Condition of Health that I am in than to die in the Displeasure and in Disobedience to that Court that I have in all my Life so much honoured, I do not know that Thing I would not have further suffered rather than to have brought upon me an Infamy of that Nature that I most abhorred: For these Reasons, I hope, you will be pleased to pardon my former temporal Disobedience, and chiefly that because this Delay was at first made to do you greater Service, and to the End to make a clearer Proof, and not out of my wilful Obstinacy to disobey your Commands; and that you will esteem the irrecoverable Ruin of my Health contracted by this Imprisonment as a sufficient Amends for my unfortunate Fault.

"Savile."

Pass for Mr. Lumley to France.

"Ordered, by the Lords and Commons assembled in Parliament, That Martin Lumley Esquire, Eldest Son to Sir Martin Lumley Knight and Baronet, shall have a Pass, for himself and William Hawes his Servant, and for Two Geldings, and for their necessary Accommodations, to be transported into France, from any Port under the Power of the Parliament; and that the said Two Geldings be so transported, Custom and Impostfree."

Letter from the Committee near Newark, that Commissioners on both Sides are appointed to treat for the Surrender of the Place.

"For the Right Honourable the Speaker of the House of Peers pro Tempore. These.

"My Lords,

"We have this Day met with the Scotts Commissioners Committee, and we have agreed to treat about the Surrender of Newarke; and have nominated Ten Gentlemen of Quality for that Purpose, suitable to those appointed by the Governor of Newarke. Their Names are here inclosed. And on Monday Morning next, they meet at Colonel General Poynts' Quarters; and as there shall be Occasion, I shall not fail to give your Lordships further Advertisement.

Collingham, 2d of May, 1646.

"Your Lordships

"Most humble Servant,

"Edw. Mountagu.

Commissioners Names.

"Commissioners for the Committee of both Kingdoms.

Commissioners for the Governor of Newarke.

Ordinance for Mr. Peters to be Consul at Cadiz and St. Lucar; and authorizing him to prevent, as far as possible, the seizing of the Ships in Obedience to the Parliament, by those belonging to the King.

"Whereas the Lords and Commons now in Parliament assembled have received Information, that divers Ships and Men of War, under the Pretence of the King of England's Commissions, have and do, upon the Seas, and also in Ports and Harbours in and about Cadiz and St. Lucar, by Force and Violence, in undue Manner, infest, and set upon, and sometimes surprize and take, the Ships and Goods of the good and loyal Merchants and Subjects of this Kingdom, and such as are well-affected and do adhere unto the Parliament, to the great Obstruction of Trade, and grievous Damage of the well-affected Subjects: The said Lords and Commons, being willing to provide due Remedy therein, and being very well informed, by the Petition of John Cradock and others, and by the Certificate of many good and able Merchants of London, that Thomas Peters Esquire, now resident in the City of Cadiz in Spaine (being an Englishman born), is a Person loyal and faithful to the Parliament, and of good Credit and Reputation, and One that hath already appeared in this Cause, and caused some of those Infesters, or rather Peace-breakers and Searovers, to be arrested, for doing of Spoils upon the well-affected Merchants, and done good Service therein: The said Lords and Commons, upon Consideration of the said Certificates and Petition, have Ordered and Ordained, and by these Presents do Order and Ordain, That the said Thomas Peters Esquire shall be Consul, Factor, or Agent, for the Parliament of England, in those Parts of Cadize and St. Lucar, in the Kingdom of Spaine, for the Intents hereafter mentioned; (that is to say,) to go unto all and every the Governors and Magistrates of Cadiz and St. Lucar aforesaid, and other the Judges, Officers, and Ministers of the King of Spaine in those Parts, and, in the Name of the Parliament, to demand Right and Justice against the said Infesters and Sea Rovers, and all other Persons whatsoever, that, by Pretence of any Commissions or Powers from the King of England, or by Colour of any such Authority, or otherwise, have or shall rob, spoil, seize, set upon, surprize, or take, any of the Ships of any of the Merchants or Subjects of this Kingdom adhering to the Parliament, or do them, or any of them, any Injury or Violence, in their Persons, Ships, Goods, or Estates; and to procure all and every of the said Infesters, Sea Rovers, Spoilers, and Sons of Violence aforesaid (notwithstanding any Pretence of the King's Commissions), and their Ships and Goods, to be arrested, and, as Robbers, Spoilers, or Peace-breakers, to be condemned, or other due Punishment to be inflicted upon them; and to procure and obtain Restitution and Satisfaction to be awarded and made to the good and well-affected Subjects and Merchants adhering to the Parliament, for all their Ships and Goods so as aforesaid unduly seized or surprized; and all the Injuries, Losses, and Damages, by them, or any of them, in that Behalf sustained; giving unto the said Thomas Peters Esquire further Power, to be aiding and assisting unto the said good and faithful Merchants and Subjects adhering to the Parliament in all their just and honest Affairs, and for their Supportation and Defence against all Wrongs and Injuries done or to be done against then, or any of them; and to do in due Manner all other just and lawful Things, that may tend to the Advancement of their Trade in those Parts, or the removing of Obstructions therein.

"Provided always, and upon Condition, That he, the said Thomas Peters, shall neither by himself, nor any other by, from, or under him, do or attempt any Act or Thing whatsoever, which shall or may be scandalous or prejudicial to the Parliament, either in Honour, Reputation, or otherwise, or which shall or may tend to the infringing of any of the Articles of the Peace betwixt the Two Crowns, or which shall or may be hurtful or damageable to the good and well-affected Merchants and Subjects of this Kingdom in those Parts; nor shall not set any Rates or Taxes, nor exact, receive, or take, by any Colour or Pretence, any Sums of Money, Gratifications, or Rewards whatsoever, of any of the said good Merchants or Subjects, for any Help, Aid, or Assistance, to be afforded them, or any of them, in or concerning any of the Premises; shall bear himself in this Employment with that Fidelity, Purity, and Sincerity as becometh a Person so intrusted for the Public Good; and shall carefully observe all such further Instructions as shall be sent unto (fn. 8) him from the Parliament, or any Committee that shall be authorized in that Behalf."