House of Lords Journal Volume 8
26 May 1646

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1767-1830

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'House of Lords Journal Volume 8: 26 May 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 331-335. URL: http://www.british-history.ac.uk/report.aspx?compid=34037 Date accessed: 30 September 2014.


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Contents

DIE Martis, 26 die Maii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Sarum.
Comes Bolingbrooke.
Comes Northumb.
Comes Stamford.
Comes Lyncolne.
Comes Warwicke.
L. Viscount Say & Seale.
Comes Suffolke.
Comes Rutland.
Comes Midd.
Comes Denbigh.
Ds. North.
Ds. Robertes.
Ds. Howard.
Ds. Willoughby.
Ds. Dacres.
Ds. Grey.
Ds. Bruce.
Ds. Hunsden.
Ds. Berkley.
Ds. Mountague.
Ds. Wharton.
Ds. Maynard.

Spinks to be instituted to Castor;

Ordered, That Doctor Heath shall give Institution and Induction to Mr. Spinkes, to the Rectory of Castor, in the County of North'ton.

and Syddall to Kirklington.

Ordered, That Doctor Aylett shall give Institution and Induction to Michaell Syddall Clerk, Master of Arts, to the Rectory of Kirklington, in the Diocese of Chester, and Province of Yorke; being presented thereunto by Alice Wandisford.

Letter from Sir T. Fairfax, about Mr. Herbert.

A Letter from Sir Tho. Fairefax, concerning Mr. Herbert, who is a Commissioner in the Army: (Here enter it.) It is deferred till Thursday Morning next; and then the Proceedings as have been in this Cause are to be perused.

Lambeth Petition, for Mr. Gregory to be Minister there.

Upon reading the Petition of the Inhabitants of Lambeth; desiring, "That Mr. Gregory may be their Minister there."

It is Ordered, That it is referred to the Assembly of Divines their Opinion, concerning the Sufficiency of the Person of Mr. Gregory for that Place; and to return the same to this House with all Speed.

D. of Richmond and E. of Lindsey to be brought to London.

Upon reading the Letter of the Duke of Richmond, and also the Letter of the Earl of Lyndsey.

(Here enter them.)

It is Ordered, That the Gentleman Usher, in whose Custody they are, shall bring their Lordships to London, where they are to provide them, and then this House will give further Directions therein.

Pitcher and Draper, in Error.

Ordered, That the Errors depending in this House, between Pitcher Plaintiff, and Draper Defendant, shall be argued at this Bar on the 28th of this Instant May.

England and Clark, in Error.

Ordered, That the Errors depending in this House, between England Plaintiff and Clarke Defendant, shall be argued at this Bar on the 28th of this Instant May.

Remonstrance and Petition from the City, and a Letter from the King to them.

This Day a Remonstrance and Petition was presented to this House, by Alderman Foote, accompanied with Aldermen and divers Common Council of the City of London; which was received, and read, as follows. (Here enter it.)

He further said, "He was commanded, by the Lord Mayor, Aldermen, and Common Council of the City of London, to acquaint this House with a Copy of a Letter which the King sent lately to the Lord Mayor; and it being opened Yesterday, they think it fit to present the same to the Knowledge of their Lordships;" which Letter was read.

(Here enter it.)

The Company withdrew.

Committee to prepare an Answer to them.

And the House appointed these Lords following to consider what Answer is fit to be returned to the Lord Mayor and Common Council upon this Remonstrance and Petition; and present the same to this House:

Comes Northumb.
Comes Essex.
Comes Lyncolne.
L. Viscount Say & Seale.
Comes Manchester.
Ds. Robertes.
Ds. Willoughby.

The House was adjourned during Pleasure; and the said Committee withdrew.

The House being resumed;

The Answer.

The Earl of Manchester reported what the Committee had drawn up, in Answer to the Remonstrance and Petition of the City; which was read.

And after Debate;

It was put to the Question, "Whether this in the Paper now read shall be delivered as the Sense of this House, now at the Bar, to the Persons that brought the Remonstrance and Petition from the Lord Mayor and Aldermen (fn. *) and the Common Council of London?"

And it was Resolved in the Affirmative.

Protest against it.

Memorandum, That these Lords following, before the putting of this Question, desired Leave of the House to enter their Dissent and Protestation, if this Question were carried against their Vote; which was accordingly granted:

Comes Northumb.
Comes Pembrooke.
L. Viscount Say & Seale.
Comes Denbigh.
Comes Sarum.
Comes Kent.
Ds. Wharton.
Ds. Grey.
Ds. Howard.
Ds. Mountague.

The Aldermen and the Common Council being called in, the Speaker read the said Paper to them, in hæc verba. (Here enter it.)

Remonstrance and Answer to be printed.

"Resolved, upon the Question, That the Remonstrance and Petition of the Lord Mayor, Aldermen, and Common Council of the City of London shall be printed and published; and likewise the Answer of this House to it."

Recommended to Mr. Bellamy, to take Care of the printing them.

Message from the H. C. to expedite the Ordinance for raising Forces for Ireland.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

To desire their Lordships would please to expedite the Ordinance for raising Forces for the Service of Ireland.

The Answer returned was:

Answer.

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

Ordered, That this Ordinance be taken into Consideration on Friday Morning next.

Protest against the Answer to the Remonstrance from the City.

"The Question being carried, "That this Answer should be returned to the Remonstrance and Petition brought this Day from the Common Council of the City of London," these Lords, whose Names are underwritten, do enter their Dissent and Protestation against it.

"A. Northumberland.

Pembroke & Mont.

H. Kent.

"Salisbury.

B. Denbigh.

"W. Say & Seale.

Grey of Werke.

"P. Warton.

Ed. Howard."

Remonstrance from the Lord Mayor, Aldermen, &c. of London, against the Sectaries in the Church;— to be relieved of the heavy Taxes;—for the Peers to qualify their Privilege of Protection from Arrests;— to prepare Propositions for a Peace;— to preserve the Union between the Two Kingdoms;—to vindicate the Ld. Mayor;— and to consider of the Reduction of Ireland.

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

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

"Our Duty in the First Place doth lead us to begin all our Addresses, as we most heartily and humbly do these, with all due and (fn. *) humble Acknowledgement of the great Labours and Endeavours which your Lordships have these many Years employed in Reformation both of the Church and Commonwealth, and in Preservation of both; with the humble Tender of our constant Devotion to serve the Parliament, according to our Covenant made before Almighty God: In the next Place, we most humbly crave Pardon, although we do presume again to return unto your Lordships, and humbly yet plainly lay open the Sorrows and Fears of our Hearts, even in this Season, when as God hath blessed our Armies with the greatest Successes, and that Man might persuade himself that the War is almost at an End.

"For, First, when we remember that it hath been long since declared to be far from any Purpose or Desire to let loose the golden Reins of Discipline and Government in the Church, or to leave private Persons or particular Congregations to take up what Form of Divine Service they please; when we look upon what both Houses have resolved against Brownism and Anabaptism properly so called; when we meditate on our Protestation and Covenant; and lastly, when we pursue the Directory and other Ordinances for Presbyterial Government; and yet find private and separate Congregations daily erected in divers Parts of the City and elsewhere, and commonly frequented; and Anabaptism, Brownism, and almost all Manner of Heresies, Schisms, and Blasphemies, boldly vented and maintained by such as to the Point of Church Government profess themselves Independent; we cannot but be astonished at the Swarm of Sectaries which discover themselves everywhere, who, if by their Endeavours they should get into Places of Profit and Trust in Martial and Civil Affairs, it might tend much to the Disturbance of the Public Peace both of the Church and Commonwealth.

"We cannot but also call to Mind what Vows we have made to God in the same Covenant, as well as our former Protestation, to preserve the Rights and Privileges of Parliament, and the Liberties of the Kingdoms, and to preserve and defend the King's Majesty's Person and Authority, in the Preservation and Defence of the true Religion and Liberties of the Kingdoms; that the World may bear (fn. †) Witness of our Loyalty, and that we have no Thoughts or Intentions to diminish His Majesty's just Power and Greatness; and do humbly rest in the Assurances we have received, in the many former Declarations of both Houses, concerning their Intentions towards His Majesty, His Royal Posterity, and the Peace of this Kingdom; which we doubt not but your Lordships will pursue with all speedy Dispatch of Propositions to His Majesty, now whilst God doth so mercifully and miraculously go along with our Armies in all the Parts of the Kingdom.

"We may not, in the next Place, forget our Brethren of Scotland, how first they were invited to en gage with this Kingdom in God's Cause, when yet they were at Peace at Home; in what Covenant this Nation is mutually linked with them; at what Time, in relation both to the weak Condition of our Forces then, and the Season of the Year, they adventured upon an Enemy warmly lodged, and well armed and prepared; what they have since suffered for this Cause in their own Kingdom; how succesful ever since God hath made our Forces, in suppressing the common Enemies of both Nations; and what present Hopes we have of a well-settled Peace, while we continue in this mutual Amity: And then cannot but lament the many Jealousies which the Enemies of our Peace, Union, and Good Government, do now strive to beget between both Nations, and tremble at the sad Effects thereof, if not timely prevented by the Wisdom of the Parliaments of both Kingdoms.

"We cannot also omit humbly to represent to your Lordships Consideration, how many Citizens have already suffered, and how many more will be undone, if your Lordships shall still make Use of that ancient Privilege, to protect yourselves, the Assistants of this Honourable House, and the Servants of both, and others, from being proceeded against in any Course of Law for Debt; which now, because this Parliament hath already sat so long, and is likely by reason of the Unsettledness of Affairs to sit much longer, would especially require some Expedient, for Relief of so many as otherwise must daily suffer under this Privilege.

"And now that the Kingdom is almost reduced, by which Means the Revenues of the Kingdom will be unburthened, and the Customs and Excise increase, and the public Charge of the Kingdom decrease; now that Delinquents do daily come in and compound; and now that the Enemy hath but few Holds left: We hope that the great and extraordinary Taxes and Burthens on the City and their Trade shall be in the future abated; that the Debts owing to the City and Citizens of London, either by particular Assurances of the Parliament, or upon the Public Faith of the Kingdom, be taken Care for and discharged, as well as those assigned upon the Excise, and may not be diverted from the Uses appointed by former Acts and Ordinances.

"And we humbly crave Leave to present to the Consideration of this Honourable House the Committee of Habberdashers Hall, as being One of the greatest Grievances of this City, and which, so long as it is continued, doth hinder the Concourse of People thereunto, and tendeth much to the Destruction of the Trade and Inhabitants thereof.

"And now also we doubt not but God will give the Parliament some better Means and Opportunity for the Relief of our bleeding Brethren in Ireland, and the suppressing of those horrid Rebels, and reducing of that Kingdom, wherein, besides the public and common Interest, we are particularly concerned.

"Lastly, we should have much to say for this City, if we could imagine that its Fidelity and constant Services and Devotion to the Parliament could either be questioned or forgotten. That little we shall express on the Part of the City is, not to repeat how zealous we have been in the Cause of God and this Parliament; how we have spilt our Blood, and spent and laid out ourselves and our Estates, in Maintenance thereof; how many public Acknowledgements we have by us of the favourable Acceptance of them, and Promises to leave Testimonies thereof to all future Ages: But only to beseech your Lordships to consider, how much our Hearts may justly be dejected, now that God hath followed your Endeavours and our Prayers with so many Successes, and brought this War to a probable Period (as to the Sense of Man), that the Enemies of our Peace should strive now to sow Jealousies between the Parliament and this City, as hath been too evident of late; and particularly should so far prevail as to be able to render the Chief Magistrate of this City, the Lord Mayor, suspected; unto whom we cannot but give this just Testimony, That he in his Place hath faithfully behaved himself, and carefully discharged his Office.

"We could add much more, of the daily Invectives against us from the Pulpit, and other Places where the Bontefews of these Sectaries are admitted; the scurrilous and seditious Pamphlets daily broached in and against the City; and the great Contempt of, and Discouragement unto, the Ministers of the Gospel who adhere to the Presbyterial Government: But we shall conclude with this brief and humble Representation of our Petitions and Desires to your Lordships, in the Name of the whole City;

"That some strict and speedy Course may be taken, for the suppressing of all private and separate Congregations.

"That all Anabaptists, Brownists, Heretics, Schismatics, Blasphemers, and all such Sectaries as conform not to the Public Discipline established, or to be established, by Parliament, may be fully declared against; and some effectual Course settled for proceeding against such Persons.

"That, as we are all Subjects of One Kingdom, so all may be equally required to yield Obedience unto the Government set forth, or to be set forth, by the Parliament.

"That no Persons disaffected to the Presbyterial Government set forth, or to be set forth, by the Parliament, may be employed in any Place of Public Trust.

"That this Honourable House will please to hasten Propositions to His Majesty, for settling of a safe and well-grounded Peace amongst us, after so long and unnatural a War.

"That your Lordships, according to the Covenant and Treaties, will please to study all Means to preserve the Union between the Two Nations of England and Scotland, and to remove all Jealousies which may endanger our mutual Agreement.

"That your Lordships will please to consider of some Means whereby the Privilege which the Members of this Honourable House and their Assistants, and the Servants of both, and others, enjoy by being protected and exempt from being proceeded against for their Debts, may be so qualified, as that the Subject may be able to recover his own in some due Time.

"That all Public Revenues and Receipts may be employed to Public Uses, that so the Taxes of the City may be abated.

"That the Estates and Compositions of Delinquents may, according to the Engagements by Ordinances of Parliament, be applied to discharge the great Sums owing to this City and Citizens.

"That the Plymouth Duty may be taken off the Trade, especially now that the West is reduced.

"That the Committee at Habberdash'rs Hall may be presently dissolved, or at least limited and regulated, as that the City may have no Cause of Complaint.

"That the reducing of the Kingdom of Ireland may be taken into Consideration, before the good Party there be too far wasted and discouraged.

"That the Lord Mayor of this City may be fully vindicated.

"And lastly, and above all, that your Lordships will please not to look upon any Expressions of this our Remonstrance and Petition as charging any Thing upon your Lordships, or as is intended to intrench upon any Privilege of this Honourable House; but favourably to accept thereof, and so to interpret the same, as from a single and humble Heart it is sincerely, and without any By-ends, or to comply with any Party whatsoever, intended and breathed forth from the (fn. *) sad Hearts of the Petitioners, who are overwhelmed with many Fears on all Sides, and who call God the Searcher of all Hearts to witness, that, according to their Covenant and Duty, their Zeal, Devotion, and Obedience, is as fervent and prostrate as ever to serve the Parliament, with their Lives and Estates, against all the Enemies of our Peace, and to conjoin the City more and more to the Parliament, and to maintain the Union of both Nations against all Opposers whatsoever.

"All which we humbly submit unto the Wisdom of this Honourable House.

"Michel."

Letter from the King, to the L. Mayor, &c. of London, that He will comply with the Desires of both Kingdoms for settling Peace.

"CHARLES R.

"Right Trusty and Well-beloved, We greet you well. Having expressed Our Resolutions to the Two Houses of Our Parliament of England, and the Committee of Estates of Our Parliament of Scotland, to give all just Satisfaction to the joint Desires of both Kingdoms; We have now likewise thought fit to assure the Two Chief Cities of both Our Kingdoms, that nothing is more grievous to Us than the Troubles and Distractions of Our People; and that nothing on Earth is more desired by Us, than that, in Religion and Peace, with all the comfortable Fruits of both, they may henceforth live under Us in all Godliness and Honesty: And this Profession We make for no other End, but that you may know immediately from Ourselves Our Integrity, and full Resolution to comply with Our Parliaments in every Thing for settling Truth and Peace, and Our Desire to have all Things speedily concluded which shall be found requisite for that End; that Our Return to that Our ancient City may be to the Satisfaction of Our Parliament, the Good-liking of you and all Our good People, and to Our own greater Joy and Comfort. We bid you heartily Farewel.

"From Newcastle, the 19th of May, 1646.

"For our Right Trusty and Well-beloved the Lord Mayor Aldermen, and Common Council of Our City of London.

"Vera Copia,

"Michell."

Lords Answer to the Remonstrance, &c. from the City.

"The Lords are very sensible of the great Fidelity and constant Services of the Lord Mayor, Aldermen, and Common Council of the City of London to this present Parliament, which they shall never forget. They acknowledge their Zeal, expressed upon all Occasions, in the Cause of God and this Parliament; and how readily they have spilt their Blood, and spent and laid out themselves and their Estates, in the Maintenance thereof. They are well satisfied with your Expressions and Care to settle the true Reformed Protestant Religion, according to the Covenant; and with your Desires to have all Heresies, Schisms, and Blasphemies suppressed; as also with your Respect to preserve the Rights and Privileges of Parliament, the Liberties of the Kingdoms, and to preserve and defend His Majesty's Person and Authority, in the Preservation of the true Religion and the Liberties of the Kingdoms, His Royal Posterity, and the Peace of the Kingdoms; as also for your Desires for the Continuance of Union between us and our Brethren of Scotland, of whose Services and Sufferings we shall not only hold a grateful Memory, but upon all Occasions give a Retaliation; unto all which we hold ourselves equally with you obliged by our solemn League and Covenant.

"As to the Person of the Lord Mayor, the Lords hold an high Esteem of him, according to his Merit; and have commanded me to let you know, that nothing hath passed this House, at any Time, in Prejudice of him; and when the Particulars wherein he finds himself aggrieved shall be made known to them, they shall be ready in a Parliamentary Way to do him Right.

"The Lords will take the other Particulars of your Petition into serious and speedy Consideration; and have commanded me to give you hearty Thanks for the real Testimonies of Duty and good Affections, which not only by your Words, but by your Actions, you have constantly manifested unto them."

Letter from Sir T. Fairfax, for Mr. Damport's Suit in Chancery against Mr. Herbert, a Commissioner in the Army, to be stayed.

"To the Right Honourable the Lord Grey of Warke, Speaker pro Tempore to the Lords assembled in Parliament.

"May it please your Lordship,

"Upon our March last Year to relieve Taunton, Mr. Thomas Herbert, One of the Parliament's Commissioners in this Army, upon his Petition, obtained from your Lordships an Order, That the suspending a Suit revived against him by one Mr. Damport should be recommended to the Commissioners of the Great Seal, to give the said Mr. Herbert convenient Time to answer that Bill; which was given accordingly: And after, videlicet, 11 Junii, upon his Petition, obtained another Order from your Lordships, That all Proceedings against him touching that Suit should be staid, during his necessary Employment in the Army. The 15th April last also the Commissioners of the Great Seal ordered, That he should have Time, till Midsummer next, to put in his Answer to Mr. Damport's Bill; since which, the said Damport, taking Advantage of his Absence, hath (as I am informed) got those Orders of your Lordships and Commissioners crossed, and given Two Rules for Publication, exceedingly to Mr. Herbert's Discouragement (who hath been very constant and active in this last Year's happy Service, and employed as yet upon Business that much concerns the Army and Public Good), and no less to his Prejudice in the Right of the Two Orphans his Brother's Children, whom he is Guardian to.

"Now, forasmuch as no other (fn. *) Commissioner save Mr. Herbert is resident in the Army (the rest being abroad about other Affairs), and the Country and Army at this Time especially concerned by reason of those Proclamations I have lately set out against Free Quarter, and ordered to be read in all Churches and Towns in this and the adjacent Counties where the Army quarters, relating much to his Charge and Attendance; being also One of the Commissioners now treating for the rendering of Oxford, which he likewise attendeth; I make it my Suit unto your Lordships, that his Condition may be by your Lordships considered of, and your Favour continued, whereby, during his necessary Employment here, no Proceedings may be against him in Chancery upon that Suit till after Midsummer at least, when I hope he may have Liberty to come to London, to advise with Counsel; which being but just, engages this Request from

From the Leaguer before Oxford, May, 1646.

"My Lord,

"Your most humble Servant,

"T. Fairfax."

Letter from the D. of Richmond and the E. of Lindsay to the Speaker.

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

"My Lord,

"We make the more hopeful Address to the Lords (which we desire your Lordship to present to them), being in the same Subject, wherein we are Suitors for our Liberty. We conceive we have already Matter of Thanks for some Degree of it; which is an Encouragement to desire it in that Measure as may make us Freemen; and your Lordships Assistance to it, which will then make us more

Langley Parke, May 25th.

"Your Lordship's

"Most humble Servants,

"J. Richmond & Lenox.

"Lindsey."

Letter from them to the House, desiring to be released.

"To the Right Honourable the Lords assembled in Parliament.

"May it please your Lordships,

"It is now near a Month since our being in these Quarters; and from the Time your Lordships took Notice of us, have been ordered to be in the Custody of the Gentleman Usher of the Black Rod, under which Restraint we still remain. We do presume that this will not be an unseasonable Time to petition, that your Lordships would so far consider our Condition as to take off our present Restraint, and, by granting us our Liberty, put us in a Capacity the better to acknowledge the Favour we have already received, and give us the Opportunity to solicit your Lordships with more Convenience for what further Favour our Conditions stand in Need of; whereby you will oblige

"Your Lordships most humble Servants,

"Richmond.

"Lindsey."

Writs of Error brought in.

This Day Mr. Justice Bacon, Senior Judge of the Court of King's Bench, brought into this House these ensuing Writs of Errors:

1. Mathew Hamon Plaintiff versus Jo. Hitchcocke Defendant.

2. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.

3. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.

4. Jo. Younge Plaintiff versus Jer'm. Rawstorne Defendant.

5. Tho. Aldridge Plaintiff versus Wm. Wright Defendant.

6. Vinc. Benshkine Plaintiff versus Mathew Salt Defendant.

7. Rich. Hurst Plaintiff versus Jonathan Peeres Defendant.

8. Christopher Emerson Plaintiff versus Jo. Browne Defendant.

9. Peter Stepkin Plaintiff versus Robert Raystricke Defendant.

10. Cha. Whichacke Plaintiff versus Wm. Knightly Defendant.

11. Vin. Benkine Plaintiff versus Tho. Neeme Defendant.

Adjourn.

House adjourned till 10a, Thursday.

Footnotes

* Origin. of.
* Origin. humbly.
Origin. Witnesses.
* Origin. said.
* Origin. Commission.