House of Lords Journal Volume 8
10 July 1646

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1767-1830

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'House of Lords Journal Volume 8: 10 July 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 426-431. URL: http://www.british-history.ac.uk/report.aspx?compid=34075 Date accessed: 22 October 2014.


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Contents

DIE Veneris, 10 Julii.
D. of Richmond and E. of Lindsay to have their Liberty. Sir W. Hickman's Ordinance. Pontefract Ordinance. Herbert and Mill's Ordinance. Smithsby's Petition, about People coming from Oxford to Hampton Court. Ordinance for Worcester Forces. Cason to go to Algiers, about redeeming the Captives there. Paper from the Committee for the Admiralty, about allowing the E. of Bristol to go beyond Sea; to have a Pass. about allowing Col, Trevor to go to Ireland; to have a Pass. Col. Devereux's Petition, for his Soldiers to return to Malmsbury as he is upon Preaty to send them in Ireland. Lylburn's Charge. Cromwell's Charge against the E. of Manchester, to be burnt by the Hangman. Lylburn to attend. Papers called Cromwell's Charge, &c. to be brought in. Message from the H. C. with Orders. Answer. Heads for a Conference, about regulating the Disorders of the Army. Message from the H. C. for a Conference about the Propositions. Answer. Ordinance for Papists, &c. who were in Arms for the King, not to come within the Lines. Major Balfour's Petition. Order for 5000£. for Litchfield Forces. Rookes's Cause. Row's Cause in Error. E. of Salifbury sworn as a Commissioner of the Great Seal. Answer from the H. C. Report of the Conference on the Propositions. Message to the H. C. about the following Particulars. Ordinance to clear Sir Willoughby Hickman of his Delinquency. Ordinance for an Establishment for Pontefract Castle. Order for 200£. for Mr. Herbert, and Mr. Milles Judge Advocate of the Army. Charge against Lylburne. The Judgement is entered the 17th of Sept. 1646. Cromwell's Charge against the Earl of Manchester. D. of York to come to St. James's. Maintenance for him and the rest of the King's Children. Order for 4000£. for the Scots Officers. Order for 5000£. for the Forces before Litchfield. Ordinance for Mr. Woodcock to be Rector of St. Olaves, Southwark. Ordinance for Relief of the Captives in South Barbary, &c. Footnotes

DIE Veneris, 10 Julii.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

Comes Essex.
Comes Warwicke.
Comes Stamford.
Comes Sarum.
Comes Northumb.
Comes Pembrooke.
Ds. (fn. *) Wiltoughby.
Ds. North.
Ds. Hunsden.
Ds. Wharton.
Ds. Dacres.
Ds. Grey.
Ds. Howard.
Ds. Mountague.

D. of Richmond and E. of Lindsay to have their Liberty.

Ordered, That the Duke of Richmond and the Earl of Lyndsey shall be permitted to reside at any of their own Houses, there to be ready to obey any Commands of this House.

Sir W. Hickman's Ordinance.

The Ordinance for taking off the Sequestration of Sir Willoughby Hickman's Estate, was read, and Agreed to. (Here enter.)

Pontefract Ordinance.

The Establishment for the Garrison of the Castle of Pomfract, was read, and Agreed to. (Here enter it.)

Herbert and Mill's Ordinance.

The Ordinance (fn. †) for Two Hundred Pounds to be given between Mr. Herbert, and Mr. Mylles Judge Advocate to the Army, was read, and Agreed to.

(Here enter it.)

Smithsby's Petition, about People coming from Oxford to Hampton Court.

Upon reading the Petition of Tho. Symythsby, Keeper of the House of Hampton Court; shewing, That many People are come thither with the King's Furniture and Goods from Oxford, where they are as a great Burthen and Danger to the Place:"

It is Ordered, To send the Petition to the House of Commons, that some (fn. †) Course may be taken for sending the People away.

Ordinance for Worcester Forces.

The Ordinance for Three Thousand Pounds for the Forces before Worcester, was read, and Agreed to.

Cason to go to Algiers, about redeeming the Captives there.

"It is Ordered, by the Lords and Commons assembled in Parliament, That Edmund Cason Esquire be sent as Agent to Algier, with the Ship and Goods prepared for the Redemption of the Captives in Algier and Tunnis, and renewing the ancient Peace with them: And it is further Ordered, That the Committee of Foreign Affairs do draw up Letters Credential, Commission, Instructions, and all other Documents fit for him, which the Speakers of both Houses are, upon Presentation of the same unto them, to subscribe; and these Letters are to be sealed up with the Seal of the Admiralty Court, whereof the Officers whom it may concern are to take Notice, and observe accordingly."

Ordered, That this (fn. ‡) Order be sent to the House of Commons, for their Concurrence.

The Earl of Warwicke Two Papers from the Committee of the Admiralty, were read, as follow:

Paper from the Committee for the Admiralty, about allowing the E. of Bristol to go beyond Sea;

Die Jovis, 9 Julii, 1646.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On View of a Warrant from Sir Thomas Fairfax, General of the Parliament's Forces, dated 18 Junii, 1646, whereby the Earl of Bristoll is (in Pursuance of the Articles agreed unto at the Surrender of Exeter) permitted, with his Servants, Horses, Arms, and Necessaries, Coach and Horses, (fn. *) to pass to London, to attend the Parliament about his Composition; and in case it prove ineffectual, then, with his Servants and Attendants, Coach and Horses, and other Necessaries, to pass from Lond. to any Port within the Parliament's Quarters convenient for his Transportation, within the Time limited in the said Articles: And whereas this Committee hath been moved to grant their Warrant to the Captains of the Parliament's Ships, for their permitting the said Earl of Bristoll to pass beyond Sea, according to the Purport of the said General's Warrant: It is therefore Ordered, That Report be made hereof to both Houses of Parliament; and that they be moved to declare their Pleasure, whether a Pass shall be granted by this Committee as is desired."

to have a Pass.

Ordered, That this House approves, that the Committee for the Admiralty do grant the Earl of Bristoll [ (fn. ‡) a Pass,] as is desired; and the Concurrence of the House of Commons to be desired herein.

about allowing Col, Trevor to go to Ireland;

Die Jovis, 9th July, 1646.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On View of a Warrant from Sir Tho. Fairefax, General of the Parliament's Forces, dated the 26th June, 1646, for Colonel Mark Trevor's quiet Residence in Walles, till he can with Conveniency (fn. ‡) transport himself into Ireland; and whereas the Committee was this Day moved, That a Warrant might be granted by this Committee, to the Captains of the Parliament's Ships, to permit the said Colonel Trevor freely to pass to Carickfergus, in the Province of Ulster, in Ireland: Ordered, That the same be reported to both Houses of Parliament, that their Pleasure may be therein received."

to have a Pass.

Ordered, That this House approves that the Committee of the Admiralty do grant a Pass to Colonel Trevor, as is desired; and the Concurrence of the House of Commons to be desired herein.

Col. Devereux's Petition, for his Soldiers to return to Malmsbury as he is upon Preaty to send them in Ireland.

"The Earl of Northumb. reported from the Committee of both Kingdoms, a Petition of Colonel Nic. D'Evereux, Governor of Malmesbury; shewing, "That whereas, by Order from them, a Party of his Regiment were commanded to the Service of Harington, where they continued till the Surrender of it; and now he understandeth that many of his said Soldiers moulder away, and receive Conditions for Foreign Parts, he having raised and armed them at his own proper Cost, for the State's Service; and the Petitioner being now upon Propositions with the Irish Committee to carry them for Ireland, therefore humbly prayeth, That his said Party, with his Officers, may speedily repair to their said Garrison of Malmesbury, and there to remain until further Order, they being comprehended within the Ordinance of Parliament for Major General Massie's Association, and cannot, as he conceived, be reduced without an Order of both Houses of Parliament."

Ordered, That this Petition be recommended to the House of Commons.

Lylburn's Charge.

This Day the Charge against Lylburne was brought in, and read. (Here enter it.)

Cromwell's Charge against the E. of Manchester, to be burnt by the Hangman.

And likewise a Paper was brought in to this House, printed, being a scandalous Paper, intituled, "The Summe of the Charge given in by Lieutenant Generall Crumwell against the Earl of Manchester;" which was read.

(Here enter it.)

And Ordered, That all these Papers shall be burnt by the Hangman To-morrow, at The New Pallace in Westm. and at The Ould Exchange in London; and the Sheriff to protect the Hangman in the Execution of this Order, that there be no Affronts offered him.

Lylburn to attend.

Ordered, That Mr. Lylburne shall be brought to this House To-morrow Morning, in safe Custody, by the Sheriffs of London.

Papers called Cromwell's Charge, &c. to be brought in.

Ordered, That the Gentleman Usher shall search in Westm. Hall, for as many of the Papers read this Day, intituled, "The Summe of the Charge given in by Lieutenant General Cromwell against the Earl of Manchester;" and bring them and the Sellers before this House presently.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Colonel Moore;

To desire their Lordships Concurrence in divers Particulars:

1. An Order concerning the Duke of Yorke to come to St. James'. (Here enter it.)

Agreed to.

2. An Ordinance for Four Thousand Pounds for the Scotts Officers. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this (fn. *) House agrees to the Orders concerning the Duke of Yorke, and the Four Thousand Pounds for the Scotts Officers: To all the rest, they will send an Answer by Messengers of their own.

Heads for a Conference, about regulating the Disorders of the Army.

The House nominated these Lords following, to meet To-morrow Morning, at Nine of the Clock, to consider what shall be said to the House of Commons, at the Conference, concerning the Vote made Yesterday; and what the Power of the Committee shall be, that is to join with a Committee of the House of Commons; and to report the same to this House To-morrow Morning:

Comes Northumb'.
Comes Essex.
Comes Warwicke.
Comes Manchester.
Ds. Willoughby.
Ds. North.
Ds. Hunsdon.
Ds. Wharton.

Any Three.

Message from the H. C. for a Conference about the Propositions.

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

To desire a Free Conference, touching the Matter of the last Conference concerning the Propositions.

The Answer returned was:

Answer.

That this House appoints a Free Conference presently, in the Painted Chamber.

Ordinance for Papists, &c. who were in Arms for the King, not to come within the Lines.

The Ordinance for Papists and Irish that have adhered to the Enemy not to come to the Cities of London and Westm. was read, and Agreed to, leaving out the Four last Lines; wherein the Concurrence of the House of Commons is to be desired.

Major Balfour's Petition.

The Petition of Major Wm. Balfoure, was read; and Ordered to be recommended to the House of Commons.

Order for 5000£. for Litchfield Forces.

An Order for raising Five Thousand Pounds, out of the Estates of Sir Rob't Owsley and Mr. Warnor, for the Forces before Lytchfeild, was read, and Agreed to.

(Here enter it.)

Rookes's Cause.

Ordered, That Rookes's Cause shall be heard on Thursday next.

Row's Cause in Error.

Ordered, That Colonel Francis Row shall have Three Weeks Time further than is allowed by the Ordinance, to assign his Errors in the Writ of Error depending in this House.

E. of Salifbury sworn as a Commissioner of the Great Seal.

This Day Wm. Earl of Sarum was sworn One of the Commissioners of the Great Seal of England; and had these Oaths given him:

1. The Oaths of Allegiance and Supremacy, read to him by the Clerk of the Parliaments at the Table.

2. The Oath for the due Execution of his Place, read by the Speaker.

3. The Oath prescribed by the Act for the Triennial Parliament, which was read by the Clerk of the Crown.

Answer from the H. C.

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

That they agree to the Ordinance for Mr. Woodcocke to (fn. *) be Minister of St. Olaves Southwark; and to the Order concerning the Captives of South Barbary.

(Here enter them.)

The House was adjourned during Pleasure; and the Lords went into the Painted Chamber, to the Conference with the House of Commons: Which being ended, the Lords returned, and the House was resumed.

And the Speaker reported the Effects of this Conference, concerning the Powers to be given to the Conservators of the Peace:

Report of the Conference on the Propositions.

"That they have, upon great Debate, adhered to the Powers as they brought it up, and as it was agreed unto formerly by both Houses. They say, That they conceive the Vote of 26 March, 1646, cannot bear any Signification as was apprehended by this House: That the 27 June it was concurred by both Houses, to pass without the last Addition; and so it was concurred to in the late Declaration of both Houses, concerning the (fn. *) ascertaining the Privileges of the Houses: and they conceive they have been punctual in observing that in these Propositions: And if the Case were as their Lordships have made it, it would clearly be, that the Scotts would have an Interest in the Propositions, and so have the Interest of both Kingdoms in their Hands; which is not to be admitted, they say; but to be made clear, as it was formerly agreed upon: Therefore they desire their Lordships it may pass as it was formerly."

"The Question being put, "Whether to agree with the House of Commons as they propounded at this Conference?"

It was Resolved in the Negative.

Message to the H. C. about the following Particulars.

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

1. To put them in Mind of the Order concerning the Mayor of Leverpoole.

2. To let them know, that this House agrees with them in the Ordinance for Papists and Irish to go out of the Line of Communication, leaving out the Four last Lines; wherein their Concurrence is desired.

3. To desire Concurrence in the Ordinance for Edmond Cason to be Agent at Algiers,

4. To communicate to them the Reports from the Committee of the Admiralty, concerning Passes for the Farl of Bristoll to go beyond the Seas, and Colonel Marke Trevor to go into Ireland.

5. To desire their Concurrence, that the Sequestration of Mr. Woolse may be taken off.

6. To recommend to them the Lady Lumlie's Petition.

7. To recommend to them the Petition of the Inhabitants of Barnstable.

8. To recommend to them the Petitions of Colonel Nic. Devereux and Major Wm. Balfore.

Ordinance to clear Sir Willoughby Hickman of his Delinquency.

"Whereas Willoughby Hickman, of Gainsborough, in the County of Lincolne, Baronet, hath by both Houses of Parliament been admitted unto his Fine of Nine Hundred Pounds, for that he adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners for the Great Seal of England to pass a Pardon for the said Sir Willoughby Hickman, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 2d Day of February, 1645, with an Exception of the Right and Estate of the said Sir Willoughby Hickman in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Willoughby Hickman from further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Willoughby Hickman shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Ordinance for an Establishment for Pontefract Castle.

An Establishment for Pontefract Castle.

per Diem. per Mensent. £. s. d. £. s. d.
To the Governor, per Diem, Half of it to be paid Weekly, the other Half on the Public Faith, 2 00 0 56 00 0
To a Captain of Foot, per Diem, 0 8 0 11 4 0
To his Lieutenant, 0 4 0 5 12 0
To his Ensign, 0 3 0 4 4 0
To his Three Serjeants, 0 4 6 6 6 0
To his Three Corporals, 0 3 0 4 4 0
To his Three Drums, 0 3 0 4 4 0
To 100 Common Soldiers, each Man at 8 d. per Diem, 3 6 8 93 6 8
To a Captain of Foot, per Diem, 0 8 0 11 4 0
To his Lieutenant, 0 4 0 5 12 0
To his Ensign, 0 3 0 4 4 0
To his Two Serjeants, 0 3 0 4 4 0
To his Three Corporals, 0 3 0 4 4 0
To his Two Drums, 0 2 0 2 16 0
To 100 Common Soldiers, each Man at 8d. per Diem, 3 6 8 93 6 8 11 1 10 310 11 4
To a Captain of Horse, per Diem, 0 12 0 16 16 0
To him for his 6 Horses, 0 12 0 16 16 0
To a Lieutenant of Horse, 0 6 0 8 8 0
To him for his 4 Horses, 0 8 0 11 4 0
To his Cornet, 0 4 0 5 12 0
To him for his 3 Horses, 0 6 0 8 8 0
To his Quarter-master, 0 3 4 4 13 4
To him for his 2 Horses, 0 4 0 5 12 0
To his Three Corporals, 0 9 0 12 12 0
To his Trumpet, 0 2 6 3 10 0
To (fn. *) 60 Troopers, each Man and each Horse at 12 d. per Diem, 6 0 0 168 0 0 9 6 10 261 11 4
To a Gunner's Mate, per Diem, 0 2 6 3 10 0
To a Common Gunner, 0 1 6 2 2 0
To a Chirurgeon, 0 4 0 5 12 0
To a Marshal, 0 5 0 7 0 0
To a Matross, 0 1 0 1 8 0 0 14 0 19 12 0
Incident Charges, per Mensem, 10 0 0
To a Chaplain, per Diem, 0 4 0 5 12 0
Tot. per Diem, 21 6 8 607 6 8

Order for 200£. for Mr. Herbert, and Mr. Milles Judge Advocate of the Army.

"Ordered, by the Lords and Commons assembled in Parliament, That Two Hundred Pounds be bestowed upon Mr. Thomas Herbert One of the Commissioners of the Army, and Mr. John Milles Judge Advocate of the Army, upon each of them One Hundred Pounds; and that this Two Hundred Pounds be charged upon Habberdashers Hall, and paid by the Committee there accordingly."

Charge against Lylburne.

Articles exhibited before the Lords in Parliament assembled, by Sir Nathaniell Finch Knight One of His Majesty's Serjeants at Law, against Lieutenant Colonel John Lilbourne, for High Crimes and Misdemeanors done and committed by him.

(fn. *) The Judgement is entered the 17th of Sept. 1646.

Whereas the Right Honourable Edward Earl of Manchester, by the Space of divers Years last past, hath been, and yet is, One of the Peers of this Realm; and whereas the said Earl was, by Ordinance of Parliament, appointed General of divers Forces raised by the Parliament: The said John Lilburne, intending to scandalize and dishonour the said Earl, and to raise Discord between the said Earl and other the Subjects of this Realm; he, the said John Lilbourne, in a certain Book hereunto annexed, and by him contrived and caused to be printed and published, intituled, "The just Mens Justification, or a Letter by Way of Plea in Barre," hath falsely and scandalously, in certain Passages of the said Book, affirmed and published concerning the said Earl of Manchester, and his Demeanor in his said Office and Employment; and touching the Complaint, by the said Lilburne alledged to be made by him and others to the said Earl, to the Employment of the said Earl, as followeth:

"Page 2 9°, "I complained to the Earl of Manchester thereof, being both his General and mine; and at the same Time divers Gentlemen of the Committee of Lincolne, as Mr. Archer, &c. having Articles of a very high Nature against him, pressed my Lord (meaning the said Earl) to a Trial of him at a Council of War; and at the very same Time the Mayor, Aldermen, and Town Clerk of Boston, came to Lincolne, to my Lord (meaning the said Earl), with Articles of a superlative Nature against King their Governor; but could not get my Lord (meaning the said Earl) to enjoy Justice at a Council of War, to all our Expectations, and as of Right we ought to have had, which at present saved his Head upon his Shoulders."

And Page the 8th and 9th of that Book did affirm these Words; videlicet, "We could not at all prevail; the Reason of which I am not able to render, unless it were that his Two Chaplains Lee and Garter prevailed with the Earl (meaning the said Earl of Manchester), with the Earl's Two Chaplains Mr. Ash and Good, to cast a Clergy Mist over their Lord's (meaning the said Earl's) Eyes, that he should not be able to see any Deformity in Colonel King.

2. The said John Lilburne, within Three Months last past, in a certain Book by him contrived, and caused to be printed and published, hereunto annexed, intituled, "The Freeman's Freedome vindicated, or a true Relation of the Cause and Manner of Liuetenant Colonel John Lilburne's present Imprisonment in Newgate, being thereunto arbitrarily and illegally committed by the House of Peeres, June 11 9, 1646, for his delivering in, at their open Barre, under his Hand and Seale, his Protestation against their incroaching upon the common Libertyes of all the Commons of England, in indeavoringe to try him, a Comoner of England, in a cryminall Cause, contrary to the expresse Tenor and Forme of the Nyne and Twentieth Chapter of the Greate Charter of England, and for makeing his legall and just Appeale to his competent, proper, and legall Tryers and Judges, the Commons of England in Parliament assembled," did falsely and scandalously, in the Eighth Page of that Book, publish and affirm, concerning the said Earl of Manchester, these false and scandalous Words; "I clearly perceive the Hand of Joab to be in this, namely, my old Back Friend the Earl of Manchester, the Fountain (as I conceive) of all my present Troubles, who would have hanged me for taking a Castle from the Cavaliers in Yorkesheir; but is so closely glued in Interest to that Party, that he protected from Justice Colonel Kinge, One of his own Officers, for his good Service, in treacherously delivering or betraying Crowland to the Cavaliers; and never called, nor, that I could hear, desired to call, to Account his Officer or Officers, that basely, cowardly, and treacherously, betrayed and delivered Lincolne last up to the Enemy, without striking One Stroke, or staying 'till so much as a Troop of Horse or a Trumpeter came to demand it. His Lordship's Head hath stood, it seems, too long upon his Shoulders, that makes him he cannot be quiet, till Lieutenant General Cromwell's Charge against him, fully proved in the House of Commons, be revived, which is of as high a Nature, I believe, as ever any Charge given in there; the Epitome of which I have by me, and his Lordship may live shortly to see it in Print by my Means."

"And the said John Lilburne, in the Book and Page last mentioned, in Scandal and Dishonour to Henry Earl of Stamford, a Peer of this Kingdom, and late a Commander of Forces of the Parliament, maketh this scandalous Expression concerning the said Earl of Stanford; videlicet, "And for my Lord of Stanford, at present I desire him to remember but One Article made at the Delivery of Exceter, which it (fn. *) may in Time cool his furious Endeavour to enslave the Free People of England."

3. Whereas the said John Lilburne, upon the 11th Day of June last past, by virtue of the Order of the Peers assembled in this present Parliament, was brought to the Bar of the House of Peers, then sitting in Parliament, to answer concerning the said Book in the said First Article mentioned; the said John Lilburne, falsely and maliciously intending to scandalize and dishonour the Peers assembled in Parliament, and their just Rights and Authorities, did then and there, in Contempt of the said House of Peers, at the open Bar of the said House, the Peers then sitting in the said House of Parliament, openly deliver a certain Paper, hereunto annexed, under his Hand and Seal, intituled, "The Protestation, Plea, and Defence of Liuetenant Colonel John Lilburne, given to the Lords, at their Barre, the 11th of June, 1646, with his Appeale to his competent, proper, and legall Tryers and Judges, the Commons of England assembled in Parliament," (which Paper is hereunto annexed), and since caused the same to be printed and published; in which Paper, among other Scandals therein contained, he published and affirmed, concerning the Lords in Parliament, these Words following; videlicet, "Therefore, my Lords, you being, as you are called, Peers, merely made by Prerogative, and never intrusted or impowered by the Commons of England:" And in another Place thereof, concerning their Lordships, and their Proceedings in Parliament, did protest and publish these Words following; "I do here, at your open Bar, protest against all your present Proceedings with me, in this pretended Criminal Cause, as unjust, and against the Tenor and Form of the Great Charter, which all you have sworn inviolably to observe, and caused the Commons of England to do the same; and therefore, my Lords, I do hereby declare, and am resolved, as in Duty bound to God, myself, Country, and Posterity, to maintain my legal Liberties, to the last Drop of my Blood, against all Opposers whatsoever; having so often in the Field, &c. adventured my Life therefor; and do, from you and your Bar, as Encroachers and usurping Judges, appeal to the Bar and Tribunal of my competent, proper, and legal Tryers and Judges, the Commons of England assembled in Parliament."

"And, in Pursuance of his said malicious and illegal Practice, did (fn. *) afterwards contrive and publish a scandalous and libellous Letter, hereunto likewise annexed, directed to Mr. Wiliston, Keeper of Newgate, or his Deputy, wherein, among other Things, he hath caused to be inserted and published these Words concerning the Peers in Parliament; videlicet, "Their Lordships, sitting by virtue of Prerogative Patents, and not by Election or Consent of the People, have, as Magna Charta and other good Laws of the Land tells me, nothing to do to try me, or any Commoner whatsoever, in any Criminal Cause, either for Life, Limb, Liberty, or Estate; but, contrary hereunto, as Eucroachers and Usurpers upon my Freedoms and Liberties, they lately and illegally endeavoured to try me, a Commoner, at their Bar; for which I, under my Hand and Seal, protested to their Faces against them, as violent and illegal Encroachers upon the Rights and Liberties of me and all the Commons of England; a Copy of which, &c. I in Print herewith send you; and, at their Bar, I openly appealed to my competent, proper, and legal Tryers and Judges, the Commons of England assembled in Parliament, for which their Lordships did illegally, arbitrarily, and tyrannically, commit me to Prison, into your Custody:" Which Protestation and Papers, and Matters therein contained, do falsely, and scandalously, and maliciously, charge the Peers in Parliament with Tyranny, Usurpation, Perjury, Injustice, and Breach of the great Trust in them reposed; and are a high Breach of the Privilege of Parliament, and are high Offences against the Laws and Statutes of this Kingdom, and do tend to the great Scandal of the said Peers, and the Authority with which they are intrusted, and to stir up Differences between the said Peers and other the Subjects of this Realm.

"Nath. Finch."

"The Sum of the Charge given in by Lieutenant General Crumwell, against the Earl of Manchester.

Cromwell's Charge against the Earl of Manchester.

"That the Earl of Manchester hath always been indisposed and backwards to Engagements, and against the ending of the War by the Sword, and for such a Peace to which a Victory would be a Disadvantage; and this declared by Principles expressed to that Purpose, and a continued Series of Carriages answerable: And since the Taking of Yorke (as if the Parliament had now Advantage enough) he hath declined whatever tended to further Advantage upon the Enemy; neglected and studiously shifted off all Opportunities to that Purpose, as if he thought the King too low, and the Parliament too high; especially at Donnington Castle, he hath drawn the Army to, and detained them in such a Posture, as to give the Enemy fresh Advantages, and this before his (fn. *) Conjunction with other Armies, by his own absolute Will, against or without his Council, against many Commands from the Committee of both Kingdoms, and with Contempt and Vilifying of the Commands; and since the Conjunction, sometimes against Councils of War, and sometimes persuading and deluding the Council to neglect One Opportunity with another, and that again with a Third; and at last, when no other Pretence would serve, by persuading that it was not fit to fight at all.

"After this, expect a larger, and yet nothing but Truth, and what is sufficiently proved at a select Committee of the House of Commons, whereof Mr. Lysle had the Chair; (fn. †) which Charge, with the Proofs thereupon, was reported to the House, and there debated, and a Home Vote thereupon passed, above a Year ago, before the Houses ‡ were recruited with new Members; whereupon a potent Northern Knight, One of Manchester's special Friends, &c. made a very earnest Motion, "That Lieutenant General Crumwell might, with his Horse, be sent immediately to relieve Taunton," as you may read in the 35 Page of "England's Birth-right;" by Means of which, the Charge hath lain dormant ever since; although it may be spoken upon very good Grounds, that it is a Charge of as high a Nature as ever was given in to that House: And therefore it is hoped, that either Lieutenant General , or some of the honest new Members, will discharge a good Conscience, by pressing the Reviving of it, that so Treachery may receive its due Desert, and the Kingdom have Justice upon its Enemies."

D. of York to come to St. James's.

"The Lords and Commons assembled in Parliament do approve and order, That the Duke of Yorke do come to St. James' House; and that the Earl of Northumberland do receive and entertain him, with the rest of the King's Children there, until further Order."

Maintenance for him and the rest of the King's Children.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of the King's Revenue, and the Committee of the King's Children, to consider together, for regulating the Expences and Affairs of the King's Children's Family, in such Manner as that Regard may be had to the Condition of these Times."

"Ordered, by the Lords and Commons assembled in Parliament, That Six Hundred Pounds be forthwith paid, by the Committee of the Revenue, to the Earl of Northumberland, or such as he shall appoint, for providing of Diet, Apparel, Linen, Coach and Horses, and other Necessaries, for the Duke of Yorke, until further Order shall be taken for a Settlement for him."

Order for 4000£. for the Scots Officers.

"Whereas, by several Ordinances, the Committee at Habberdash'rs Hall were to provide Four Thousand Pounds, with the Interest, to be employed towards the Pay of the Arrears due unto divers Scotts Officers, listed and reported from the Committee of Petitions, who are to make Distribution thereof according to an Order of both Houses, bearing Date 28 Martii, 1646: It is this Day Or dered, by the Lords and Commons assembled in Parliament, That the said Four Thousand Pounds be charged upon the Receipts of the Grand Excise, to be paid in Course, together with the Interest for the same at the End of every Six Months after the Rate of Eight Pounds per Centum, from the Time of the advancing of the said Sum, or any Part thereof, by any Person or Persons that shall lend the same, until the same shall become due; and Mr. William Penoyer and Mr. Richard Hill are hereby appointed Treasurers, for the receiving of the said Money and Interest, from Time to Time payable as aforesaid, whose Receipt or Receipts shall be the Commissioners of Excise their sufficient Warrant and Discharge for the Payment thereof, and in every Part and Parcel thereof, accordingly; and the said Treasurers are hereby authorized to pay over the said Four Thousand Pounds, or any Part thereof, with the Interest due for the same, unto such Person or Persons, their Assignee or Assigns, as shall advance or lend the said Four Thousand Pounds, or any Part thereof, whose Receipt or Receipts shall be unto the said Treasurers, or either of them, a sufficient Warrant and Discharge for the Payment thereof; and the said Treasurers are to issue forth the said Four Thousand Pounds in such Manner as the said Committee of Petitions, or any Four of them, shall from Time to Time direct and appoint; and the former Ordinances, as to the advancing of the said Four Thousand Pounds, is hereby revoked."

Order for 5000£. for the Forces before Litchfield.

"Ordered, by the Lords and Commons in Parliament assembled, That Five Thousand Pounds shall be allowed and granted to the Committee before Litchfeild Leaguer (upon Accompt), for the Discharge of their Engagements, and the better carrying on that Service; and that this Five Thousand Pounds be raised out of the Sale of the Estates of Sir Robert Ousley and George Warner of Wolston Esquire, and employed for the Service aforesaid; and the Committee is hereby authorized to make Sale of so much of the Estates of the said Sir Robert Owsley and George Warner as shall raise this Five Thousand Pounds."

Ordinance for Mr. Woodcock to be Rector of St. Olaves, Southwark.

"Whereas Dr. Thomas Turner, for divers Misdemeanors, hath been long sequestered from the Parsonage of Olives Southwarke; which Parsonage, at the Suit of the Parishioners, and by the Authority of the Committee for plundered Ministers, is and hath been supplied by Mr. Francis Woodcock, for the Space of almost Two Years last past; and the said Parishioners being still desirous to continue him their Pastor:

"The Lords and Commons, to the End the said Church and Parsonage may be supplied with a godly and orthodox Divine, have Ordered, Ordained, and Appointed, and do hereby Order, Ordain, and Appoint, the said Mr. Woodcock to be Rector and Parson of the said Church and Parish of Olives; and that he shall and may have, hold, possess, and enjoy, the said Church and Parsonage, and the Parsonage-house, with all the Rights, Members, Stipends, Duties, Glebe, Tithes, Profits, Commodities, and Appurtenances whatsoever, to the said Parish Church or Parsonage belonging, from the Day of the Date of this Ordinance, in as large and ample Manner as the said Dr. Turner, or any other Rector or Parson thereof, lawfully or of Right had, or ought to have had, the same: Provided, That the said Mr. Woodcock shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid for or in regard of his Incumbency there; and the said Mr. Woodcock is hereby vested and settled in the said Rectory and Premises, and shall to all Purposes be adjudged so seized of and in the same for his Life, as fully as if the said Dr. Turner were dead, and he presented, admitted, instituted, and inducted, upon the Presentation of His Majesty, or of any Person or Persons deriving any Interest or Authority from or under Him: Saving to all other Persons, Bodies Politic and Corporate, all such Right and Title as they, or any of them, have unto the Patronage of the Church of Olives aforesaid, except such Persons as are sequestrable by the Ordinance of Parliament for the sequestering of Papists and Delinquents Estates.

"And the Commissioners of the Great Seal are hereby authorized to pass the same, under the Great Seal of England, unto the said Mr. Woodcock accordingly."

Ordinance for Relief of the Captives in South Barbary, &c.

"Whereas both Houses of Parliament did, by their Ordinance, dated the 7th Day of July, 1645, impose on all Goods and Merchandize exported out of, and imported into, the Kingdom of England and Dominion of Wales, and Town of Barwick, a Duty of One Fourth of One per Centum, being One Shilling in every Twenty Shillings, over and above the Custom and Subsidy according to the Book of Rates established by Parliament, which Monies are to be employed for the Redemption of the English Captives in Algeir and Tunis; and whereas it since appears that there are several other English Captives, in Sally, South Barbary, and other Places, taken by Moorish and other Pirates: It is therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Ordinance of the 7th Day of July, 1645, shall extend to the Redemption of those Captives that are in Sally, South Barbary, or any other Place, as of those in Algeir and Tunis.

"And the Lord High Admiral for the Time being, with the Committee of the Navy of the House of Commons, or, in the Absence of the Lord High Admiral, the said Committee of the Navy, are hereby authorized and required to fee the due Execution of this Ordinance."

Footnotes

* Bis in Originali.
Deest in Originali.
Origin. Ordered.
* Origin, is to.
Deest in Originali.
Bis in Originali.
* Deest in Originali.
* Deest in. Originali.
Origin. ascertain.
* This Marginal Note is in the Original.
* Origin. 5.
* Bis in Originali.
* Origin. afterwayes.
* Origin. Ionjunction.
Origin. was.
Origin. with.