DIE Martis, 28 die Septembris.
PRAYERS, by Mr. Marshall.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Answer from the H. C.
Mr. Page and Dr. Aylett return with this Answer
from the House of Commons:
That they agree to the Letter to be sent to the
Queen of Sweden: (Here enter it.) To all the rest,
they will send an Answer by Messengers of their own.
Message from thence, with Orders and Ordinances; and to re-mind the Lords of the One about Pamphlets.
A Message was brought from the House of Commons,
by Mr. Knightly; who brought up divers Particulars,
wherein their Lordships Concurrence is desired:
1. An Order, That the State of the Matter of Fact
of what passed between the Ships of England and Sweden may be delivered to the Swedish Agent, together
with the Letter from both Houses to Her Majesty of
2. An Order concerning the Treasurers for maimed
Soldiers to pay Money to some Soldiers as were under
the Lord Brooke. (Here enter it.)
3. An Ordinance for One Thousand Pounds to Colonel Thomas Raynsborough.
4. Concerning Commanders of the next Winter's
Ordered, To be taken into Consideration on Thursday Morning next.
5. To put their Lordships in Mind of an Ordinance
against printing of scandalous Books and Pamphlets.
6. Divers Ordinances of Compositions of Delinquents.
The Answer returned was:
That their Lordships do agree to the Order concerning the Officers under the Lord Brooke; and do
agree that the Matter of Fact passed between the Ships
of Sweden and England be delivered to the Swedish Commissioner: To all the rest, they will take them into
Consideration, and will send an Answer by Messengers
of their own.
Ordinance against publishing scandalous Pamphlets.
Next, the Ordinance against printing of Pamphlets,
was read, and Agreed to, with an Alteration; and sent
presently to the House of Commons, by Dr. Aylett and
Dr. Heath, to desire their Concurrence in the said Alteration.
Boyd to he paid for Wines taken by Capt. Plunket; and he to be released from Suits against him for it.
Upon reading the Report made from the Committee
of Indemnity, concerning Mr. Boyd: (Here enter it.)
It is thought fit by this House, That Captain Plunkett
be released from the Actions brought against him touching this Business; and that Mr. Boyd be paid (fn. *) and satisfied for his Wines, according to the Report; and that
the Concurrence of the House of Commons be desired
herein; and that some speedy Course may be taken, for
Payment (fn. †) of the Money to Mr. Boyd.
Report from the Irish Committee.
A Report was made from the Committee at Derby
House, for Ireland; which was read, and Ordered to
be sent to the House of Commons. (Here enter it.)
Dickenson and Bulloine to be bailed.
Ordered, That the Gentleman Usher shall take Bail
of Henry Dickenson and John Bulloine, Inhabitants in
Cambridge, to appear before this House at Ten Days
Warning when he shall be summoned; and in the mean
Time to be released from their present Restraint.
Allen versus Baker.
Upon reading the Petition of Wm. Allen, against Wm.
Baker: It is Ordered, That the said Wm. Baker shall
have a Copy of this Petition, and return his Answer by
this Day Sevennight; and that he shall not embezzle
the Ship's Goods and Furniture in the mean Time.
L. Herbert of Cherbury's Attendance excused.
Upon Signification to this House, "That the Lord
Herbert of Cherbury is lately come over into England,
much impaired in his Health:"
It is Ordered, That his Lordship, in regard of his
ill Indisposition of Health, is excused from his Attendance
on this House.
Boyd's Petition, to be indemnified for Wines of his, taken by Capt. Plunkett, and carried into Ireland:
"To the Right Honourable the Lords and Commons assembled in Parliament.
"The humble Petition of Thomas Boyde, a
"That your Petitioner, in the Month of Decem'r,
1644, freighted, at Burdeaux, in France, a Ship
called The Thomas, of Elie, in Scotland, to carry
Wines from thence to Carrickfergus in Ireland; and
that, at Burdeaux aforesaid, your Petitioner laded
aboard the said Ship One Hundred Nineteen Tons and
Two Hogsheads of French Wine, to be transported
to Carrickfergus aforesaid.
"That, in the Ship's Course from Burdeaux towards
Carrickfergus, Captain Plunkett surprized and took
her, with the Petitioner's said Wines, and carried the
same to Kingsale; where, as the said Captain Plunkett
pretended, he delivered all the said Wines to the
Lord Inchiquin, who disposed of the same for the
Use of the State, and Relief of the Protestant Army
"That your Petitioner, upon his Claim made for
the said Wines in the High Court of Admiralty, had
a Sentence of Restitution for the same; but was remitted to the Lord Inchiquin for Satisfaction.
"That the said Wines, at the Time they were taken,
were worth Twenty-two Pounds per Ton, and so approved before the Delegates; so that the whole
Value of them did and doth amount to the Sum of
Two Thousand Six Hundred Thirty-nine Pounds
Sterling, as by the Testimony in that Behalf given
doth appear; which hath been detained from him
near Three Years, the Interest whereof doth amount
till this Time to above the Sum of Five Hundred
Pounds. And your Petitioner hath been at great
Charges and Expences in attending the Prosecution
of a Suit against Captain Plunkett for the said Wines,
to the Value of at least Three Hundred Pounds; and
at last obtained a Sentence against him, in the Court
of Delegates, for the Value of the said Goods: But
the said Plunkett (as your Petitioner conceiveth) is
unable (or at least unwilling) to pay your Petitioner
the Value of the said Wines and other Damages, in regard, as he pretendeth, and as is averred by the Lord
Inchiquin, the said Wines were employed for the
public Use of the State, and for the Relief of the
Protestant Army in Ireland, and that, without those
Wines, he had not been able to have preserved the
Parliament's Garrisons, and Interests in those Parts;
as hath been by him declared to the House of Peers.
"That Captain Plunkett, leaving nothing unattempted
to free himself of the Fact aforesaid, hath lately petitioned the Committee of Lords and Commons for
Indemnity: But that Honourable Committee, finding your Petitioner's Case so just, have ordered that
the Honourable Houses be desired to give Order,
that your Petitioner and other the Owners of the
said Wines may speedily receive just Payment and
Satisfaction for the same, as by a Copy of the Report
of the said Committee in that Behalf, hereunto annexed, may appear.
"The Premises considered, and for that the Money
which bought the said Wines was all your Petitioner's
Stock, by the Want whereof he hath been exceedingly damnified in his Credit and otherwise, he having at that very Time contracted for sundry Commodities of Value, which he was forced to give over,
and so hath ever since been out of Trade; and forasmuch as your Petitioner hath been constrained, for
the last Three Years, to take up Money upon Credit
from his Friends, to follow this Business here; which
now his Friends seeing to take no Effect, they threaten
him daily with Arrests and Imprisonment, for Nonpayment of their Debts; which if the same should
be charged upon him, he would thereby be utterly
ruined and undone.
"His most humble Suit therefore is, That the
High and Honourable Court of Parliament
will be pleased to give Order for present Satisfaction to be made unto your Petitioner, of
the Money, Interest, and Charges, due unto
your Petitioner for the said Wines, according
to the Purport and true Intent of the Report
of the said Committee for Indemnity, that so
he may be enabled to redeem his Credit and
Reputation, which hath long lain at Stake in
respect of the Premises.
"And he shall pray, &c."
Report from the Committee se Indemnity, conceraing it.
"At the Committee of Lords and Commons for
"In the Matter where Captain Thomas Plunkett did,
by his humble Petition, exhibit to this Committee,
complain against Thomas Boyd, for arresting and declaring against him, first in The Compter, and then
again in the King's Bench, upon pretended Trover
and Conversion, touching Wines by him the said
Plunkett seized and surprized upon the High Sea, in
a Ship called The Thomas of Ely, there taken by him,
by virtue of a Commission under the Seal of the
Court of Admiralty, according to the Ordinance of
Parliament, of the 30th of November, 1643, for the
enabling all Persons approved of by Parliament to
set forth Ships, in Warlike Manner, for the Guarding
of the Seas, and Defence of His Majesty's Dominions:
Upon Opening and Debating of the whole Business this Day, in the Presence of the said Parties, and
their Counsel on both Sides, and Consideration of
the said Ordinance of Parliament, a Copy whereof is
hereunto annexed, the true State of the Matter appeared to be this:
"That the said Captain Thomas Plunkett having procured an Approbation, or Warrant, from the Lord
High Admiral of England, and taken out a Commission under Seal of the said Court of Admiralty,
according to the said Ordinance, for the setting forth,
in Warlike Manner, of the Ship called The Discovery,
whereof himself was Captain, did equip, arm, provide, and set forth to Sea, the said Ship The Discovery, with the same to seize and take such Ships and
Vessels, with the Ordnance, Victuals, Goods, &c.
therein, that they should meet withal, In or Outwards bound, from any Port or Place, within any of
of His Majesty's Dominions being in Hostility against
the King and Parliament, or coming from or returing to any such Port or Place, or that should be
found to have traded with the Inhabitants of any
such Port or Place since their Defection, and also for
surprizing the rest designed in the said Ordinance;
and, being in the said Ship The Discovery, and having aboard the said Commission, according to the said
Ordinance, did, upon the High Sea, near unto Cape
Cleere, on the Irish Coast, meet with the said Ship
the said Thomas of Ely, and hailed her, and boarded
her, and visited her; and, finding that she had late
before been and came from Crooke Haven, in Ireland,
then in Possession of the Irish Rebels, and had had
some small Barter there with them, the said Captain
Plunkett did thereupon, upon the High Sea aforesaid,
surprize and take the said Ship, and all the Goods
and Wines in her, in Pursuance of his said Commission,
by virtue of the said Ordinance of Parliament; intending to have brought them up to the Port of
London, to have received Judgement in the Court of
Admiralty, as the said Ordinance directs: But, coming
along by Kinsale, in Ireland, where the Lord Inchiquin then commanded in Chief under the Parliament,
he the said Lord Inchiquin, being in great Distress for
Want of Relief, did, for Preservation of himself and
the Parliament's Forces there, and the better enabling
them to hold the said Place of Kinsale against the
Rebels, by Advice of his Council of War, seize upon
the Wines in the said Ship The Thomas of Ely, and
took them out of the said Ship, and made Use thereof
in that Case of Extremity, and gave a Certificate and
Testimony under his Hand thereof, "That he had
taken the said Wines for the Service of the State."
Whereupon the said Plunkett, perceiving the said
Wines taken from him in Manner aforesaid, received
the said Certificate, and acquainted the said Court of
Admiralty with the Case; and, bringing the Matter
there to Judgement, he the said Thomas Boyd appeared
with others, and put in their Claims to the said Ship
and Wines, and made their Proofs for the quitting
themselves from adhering to, or trading with, the
said Irish Rebels; and that they were originally bound
for Carrickfergus, and were only by Storm or Tempest driven into Crooke Haven aforesaid; and such
other Matters as they thought necessary for their Desence: Whereupon, the Cause coming to Judgement (fn. *) in the said Court of Admiralty, and the Ordinance of Parliament and Commission being exhibited,
and the Lord Inchiquin's said Certificate shewed, and
Captain Plunkett's Proofs heard; the Judge of the
said Court of Admiralty, upon full Debate of the
whole Matter, gave his Sentence, or Final Decree,
thereby pronouncing, in these Words; videlicet;
"That, by the Proofs before him (the said Judge),
it appeareth, That the said Captain Plunkett
had just Cause to take and surprize the said
Ship and Goods, and that there might be
Cause for him to bring the same to Trial; and
that the Ship herself is restored already to
the said Todd the Master of her; and that the
Lord Inchiquin, after the Arrival of the said
Ship at Kinsale, in Ireland, took the Wine
out of her, for the Service of the State:
And thereupon the Judge did order, That the
Wines taken in the said Ship shall be restored
to the said Todd, the Master of her, to the
Use of the Owners thereof, in Specie, if they
be extant; or else that Satisfaction shall be
made for the Value thereof, by the Lord Inchiquin or his Assigns.
"From which Sentence or Judgement of the said Court
of Admiralty, the said Boyde, and one Andrew Mac
Alexander and others, appealed to the Delegates; and
there obtained Sentence, "That the said Captain
Tho. Plunkett should restore to the said Andrewe Mac
Alexander and Thomas Boyd the said Wines, being
One Hundred Nineteen Tuns and a Half, laden at
Bourdeaux (if they were extant), or else the true
Value thereof, deducting Leakage." And against
the Sentence of the said Delegates the said Captain
Plunkett put in his Petition into the Right Honourable
the House of Peers; and humbly prayed the same,
as erroneous, to be reversed; and assigned several
Causes of Error in the said Sentence: During the
Dependency whereof in the Lords House, and before
the same was there determined, the said Thomas Boyd
arrested the said Captain Plunkett in The Compter, upon
an Action of Trover and Conversion; and first there,
and since in the King's Bench whither the said
Action was removed by Habeas Corpus, declared against
him, upon a meer Fiction, and pretended Surmise
that he the said Boyde was possessed of the said Wines
in London, and lost them out of his Possession, and
that they came there to Plunkett's Hands by Way of
Trover, and that he converted them to his own
Use; whereas, in Truth, there never were any
Wines or Goods of the said Boyd's in London which
at any Time came to Plunkett's Hands; but the said
Actions of Trover were brought by the said Boyd
against him for those very Wines taken by him in said
Ship The Thomas of Ely, upon the High Sea, by
virtue of his said Commission, in Pursuance of the
said Ordinance, and after taken out of the said Ship
at Kinsale, by the Lord Inchiquin, for the Service of
the State as aforesaid; which he the said Boyd confessing to be true, and that the said Actions of Trover
were for no other Matter, the said Plunkett humbly
prayed the Order of this Committee for his Discharge
and Acquittal, with Damages, according to the said
Ordinance for Indemnity: But this Committee, in
regard of the Intermixture of State that fell out in
this Business, thought fit, and so ordered, "That
the whole Case should be reported to both Houses
of Parliament; with this, That it was the Opinion
of this Committee, That, in regard the said Lord
Inchiquin had as aforesaid taken the said Wines, and
made Use of the same for the Service of the State,
for Relief of his Soldiers, and Preservation of those
Parts of Ireland in a Time of Extremity, that therefore Payment and Satisfaction for the said One Hundred Nineteen Tuns and a Half of Wines, so made
Use of, was to be made by the State;" and that the
said Honourable Houses should be desired to give
Order, That the said Boyd and other the Owners of
the said Wines might speedily receive just Payment
and Satisfaction for the same: And as touching the
Discharge and Acquittal of the said Captain Plunkett
from all further Vexation and Trouble touching the
said Wines, that it be likewise represented to the
said Honourable Houses, to give such Order therein
as they should hold meet.
"This is a true Copy of the
Original, remaining in my
"Ste. Kirke, Clerk to the said Committee for
Report from the Irish Committee, concerning an Allowance for Col. Jones;
"Die Lunæ, 27 Septembris, 1647.
"At a Committee of Lords and Commons for the
Affairs of Ireland.
"Ordered, That it be reported to both Houses,
That there (fn. *) hath been yet no Allowance appointed
for Colonel Jones, as Commander in Chief of the
Forces in Lemster; and to desire the Houses, that there
may be some Allowance appointed for him in that
Quality; and that he may also have some Monies appointed him for Intelligence, there being none yet
designed for that Service.
for 2000 l. per Ann. to be settled for the Martial and Civil List of Ireland;
"That it be also reported to both Houses, That, by
the Treaty with the Lord of Ormond, it is agreed
that Two Thousand Pounds per Annum should be
paid in Pension, among such of the Martial or Civil
List as should be laid by, to continue till the End of
the War, for which there hath been yet no Provision made; to desire the Houses that it may be settled,
and put into a Way for the Payment thereof according to the Treaty.
for Gen. Birn to be sent for;
"That it be reported to both Houses, That Lieutenant General Birne, who was taken Prisoner at the
late Defeat given to General Preston, and being a
very dangerous Rebel, may be sent over in safe Custody to the Parliament.
and for Annessey to have a Company.
"That it be also reported to the Houses, That
Francis Annesly may be Captain of the Foot Company, now commanded by Captain John Annesley, in
the Regiment of Colonel Conway; which Company
the said Captain is willing to part with unto the
said Francis Annesley.
"Gualter Frost, Secretary."
Order for Money for Persons who served the Forces under the late L. Brooke.
"Ordered, by the Lords and Commons assembled
in Parliament, That Mr. Pococke, Mr. Greenhill, and
the rest of the Treasurers for maimed Soldiers, or
any Two of them, be appointed to receive the
Monies appointed to be paid to the Gun-makers,
Sadlers, Money-lenders, Officers, and other Persons,
who performed Service, suffered Loss, or trusted the
State, in the Expedition under the late Lord Brooke,
from the Treasurers at Gouldsmiths Hall; and that
the Acquittance of the said Treasurers for maimed
Soldiers, or any Two of them, shall be a good Discharge to the said Treasurers at Goldsmiths Hall, for
the Payment of the said Monies to them accordingly:
And it is further Ordered, That the said Treasurers
for maimed Soldiers, or any Two of them, do issue
the Monies so to be received by them unto the respective Persons to whom the same is due and payable
according to their several Proportions and Shares
Letter to the Queen of Sweden, congratulating Her on the Peace with Denmark; and thanking Her for Her Offers of Mediation between the King and the Houses.
"Most High and Mighty Queen,
"Your Majesty's Letters from Stockholme, of the
28th of November last, have been presented unto us,
by Your Majesty's Agent Mr. Movat, containing
Notice of the Reception of our former Letters of
the 1 May, by Colonel Portley; and also declaring
the Treaty of Peace then in Agitation, but since
concluded and settled, between Your Majesty and
the King of Denmarke, through the Interposition and
Mediation of the French King and the Queen Regent
His Mother, and of The Lords States Generall of
The United Provinces by their Ambassadors, sent for
that Purpose; the settling of which Peace to Your
Majesty's Consent we congratulate unto, both for
the general Desireableness of Peace itself, where it
can be had with Honour and Safety, as also for that
it leaves Your Majesty at greater Liberty to pursue
and prosecute the Heroical Designs of Your Most
Royal Father, of Glorious Memory, for asserting
the Liberty of Germany from Oppression and Tyranny, and maintaining the Protestant Cause against
the Enemies of it, and for the restoring of those
Princes who have been dispoiled of their Estates for
their constant Adhering thereto, and amongst them
more especially the Illustrious Prince Elector Palatine, in whom these Kingdoms are so much interessed
and concerned, and for whom we again renew our
former Desires to Your Majesty, in our Letters of
the 1 of May, 1645: And whereas, in our former
Letters, we shewed our great Desire to embrace and
effect that more strict Alliance and Consederacy
offered in Your Majesty's Propositions sent by Mr.
Movatt, for the Ends in the said Propositions expressed; and, for the more expeditious Dispatch, and
finishing the same, we offered the Ways therein mentioned, and repeated in Your Majesty's Letters; to
which Your Majesty's Answer (fn. *) was, That when You
should be informed that the Treaty then on-foot between the King and the Parliaments of both Kingdoms was brought to an happy Conclusion, that
thereby Your Majesty might more certainly instruct
Your Commissioners, You would have a Care of the
Time and Opportunities to prosecute and advance
that more strict Confederacy and Friendship between
Your Majesty and these Kingdoms, for the common
Good of both. We are very sorry that our Affairs
are not yet come to that Condition, that we may
give Your Majesty an Account of such a Composure;
for although, through the Goodness of God, giving
very great Success (fn. *) to our Forces, there hath not
been an Enemy in the Field against the Parliament of
England for a long Time, nor any City, Town, or
Garrison, held against them; and, by the same good
Providence, the Irish Rebels and their Adherents,
that were in Arms against the Parliament of Scotland,
are now also fully reduced: And that, at the Time
mentioned by Your Majesty, there were Propositions
sent from both Kingdoms to the King, containing
what they judged necessary for the Security of the
Kingdoms, and to be the Foundation of a safe and
well-grounded Peace; yet His Majesty was then pleased (fn. *) not to condescend to the said Propositions. And
having now again, the 7th of this Instant September,
sent Propositions to the King; He, by His Answer,
the Ninth of the same, hath not given His Consent
thereto: But, when the Peace of these Kingdoms
shall be settled, which we hope in a short Time may
be effected, and for obtaining of which we shall improve our utmost Endeavours, we shall, with all real
and ready Affections, so embrace the Consederacy
and Union offered by Your Majesty, as may be for
the Good of the common Cause, and of the respective Kingdoms, and the Freedom of their Commerce.
And whereas Your Majesty hath offered Your Interposition and Mediation between the King and
us, in case we should judge it may bring forth any
good Fruit for the Profit of both; like Mediation and
Interposition having been formerly offered by the
French King, and The States Generall of The United
Provinces, although the same for divers Reasons could
not be accepted by us: We do, with all respectful
Gratitude, acknowledge the great and good Affection
Your Majesty hath expressed towards the good Peace
and Happiness of these His Majesty's Dominions, and
of the Parliaments, as that which proceeds from Your
Religious and most Christian Desire to advance that
happy Peace amongst us, which may have a great
Influence into the future Good or Evil of all prosessing the Protestant Religion; and now desire Your
Majesty to believe, that there is nothing more in
our Desires, nor shall be in our Endeavours, than the
obtaining of a safe and well-grounded Peace, as
wherein the Interest of the King and Kingdoms is
most of all concerned.
We also desire Your Majesty, not to impute the
Delay of this Answer to Your Majesty's Letters
(which we have received with all Gratitude and Respect) to any Want of Sense of Your Majesty's Royal
Affection to the Good of these Kingdoms, nor to
arise from Want of Diligence in Your Majesty's
faithful Servant Mr. Movat, who, for divers Months
past, hath solicited his Dispatch with much Diligence
and Instance; but only from the Difficulty and Implication of Affairs under which we have been exercised by the good Pleasure and Providence of God.
"The same God (fn. *) and preserve Your Majesty in
Health and Safety.
"Signed by both Speakers."
Adjourned till 10a, Thursday Morning next.