DIE Martis, 5 die Decembris.
Lords present this Day:
Ds. Grey de Warke, Speaker.
Comes Essex, L. General.
Letter and Protest from the Earl of Denbigh, about the Affairs at Coventry.
This Day was read, a Letter, directed to the Speaker
of this House, from the Earl of Denbigh, dated from
Coventry. (Here enter it.)
Next was read, his Lordship's Protestation and Declaration. (Here enter it.)
And, because this House had lately a Conference
with the House of Commons touching this Business, this
House Ordered, That this Letter, with the Protestation, shall be communicated to the House of Commons,
that so they may have the whole Business before them.
Message to the H. C. with them;
A Message was sent to the House of Commons, by
Sir Edward Leech and Dr. Ayliff:
To deliver the Letters and Papers received from the
Earl of Denbigh to the House of Commons.
and about Examinations concerning Lord Wharton's Complaint.
2. To desire their Concurrence for examining of
(fn. *) Witnesses, touching the Business between the Lord
Wharton and Sir Henry Mildmay, as was Resolved
Petition of Trinity College, Cambridge.
Next, a Petition was read, of Trynity Colledge, in
Hereupon this House Ordered, That the Consideration thereof shall be referred to the Committee for Sequestrations, who are to examine this Business, and report the same to this House; and that this Petition may
be sent down to the House of Commons, and they desired to join with this House, that their Committee may
have Power [ (fn. †) given to] examine this Business, and that
it may be done with all convenient Speed.
Order for 400l. for the Assembly of Divines.
Ordered, That this House agrees to the Order for
paying Four Hundred Pounds to the Divines of the
Assembly. (Here enter it.)
Ordered, That these Lords following are appointed
to take into Consideration the Petition lately received
from the Assembly; and to send to the House of Commons, to desire that they would appoint a Committee of
their House, to join with their Lordships, to take the
same into Consideration, and make their Report thereof
to the Houses:
Committee to consider of the Petition lately received from them.
Report from the Committee concerning the Papers relative to the French Ambassador.
"The Earl of Northumb. reported to this House,
That the Committee hath taken into Consideration
the Papers touching Prince Harcourt, brought Yesterday from the House of Commons, wherein the Committee think it fit that some Alterations may be made
therein;" which being read, were approved.
And it was further reported, "That the Opinion of
the Committee was, That the same should be delivered,
by some Members of the Houses, by Word of Mouth,
by Way of Discourse, and not as any Message from
the Houses:" Which this House approved of; and
Ordered to have a Conference with the House of
Commons To-morrow Morning, to acquaint them with
Message from the H. C. for Sir Wm. Waller to have 1000l. out of the Excise;
A Message was brought from the House of Commons,
by Sir Walter Erle Knight, &c.
To desire their Lordships Concurrence, for paying to
Sir Wm. Waller One Thousand Pounds out of the Excise.
Agreed to, with a small Alteration.
and about assessing Baron Henden.
2. To desire that their Lordships would take into Consideration the rating and cessing of Baron Henden, an
Assistant of this House, for the Twentieth Part.
Ordered, That this House agrees to have Mr. Baron
Henden assessed for the Twentieth Part, as is desired.
The Answer returned was:
That their Lordships do give Way that Mr. Baron
Henden may be assessed for the Twentieth Part, according to the Ordinance.
And touching the Order for paying the Thousand
Pounds to Sir Wm. Waller, this House will send an Answer
by Messengers of their own.
Message to them, that the Lords agree to Sir William Waller's Order.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfeild and Dr. Ayliff:
To let them know, that this House agrees with the
House of Commons in the Order concerning Sir Wm.
Waller, with the Amendments.
Answer from the H. C.
Sir Edward Leech and Doctor Ayliff returned this Answer to the Message to the House of Commons:
That concerning the Committee to examine the Business of the Lord Wharton, they will send an Answer by
Messengers of their own; concerning the Papers touching the Earl of Denbigh, they have delivered them to
the House of Commons.
Message to them, with the Petition from Trinity College, Cambridge;
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
1. To communicate to them the Petition of Trinity
Colledge, in Cambridge, with a Desire to join with this
House, that the Examination thereof may be referred to
the Committee for Sequestrations, as soon as conveniently may be.
that the Lords agree to the Order for 400l. to the Assembly;
2. To let them know, that this House agrees with
them in the Order for paying Four Hundred Pounds to
Mr. Callamy and Mr. Marshall, for the Assembly of Divines.
for a Committee to consider of their Petition;
3. To let them know, that their Lordships have appointed a Committee of Seven Lords, to consider of the
Petition of the Assembly of Divines; and to desire the
House of Commons would nominate a Committee of a
proportionable Number, to join therein.
and for a Conference about the French Ambassador.
4. To desire a Conference with the House of Commons To-morrow Morning, at Ten of the Clock, in the
Painted Chamber, touching the late Conference concerning Prince De Harcourt.
Earl Denbigh's Letter, concerning Colonel Barker and Colonel Purefoy refusing to submit to his Orders at Coventry.
"I was in Hope, when I was commanded by both
Houses of Parliament to repair hither to my Charge,
to have performed some acceptable Service to the
State; but, instead of opposing the contrary Party, I
am put to the Disadvantage of disputing a Power and
Superiority with those who are placed under me in
subordinate and subservient Degrees of Command,
both by Ordinance of Parliament and the Lord General's Commission. Your Lordship will be best informed of the Circumstances by the inclosed Protestation I have been inforced to make against those,
who, by their Disobedience, have not only stopped
my Proceedings in my Employment, but not a little
hazarded the Safety and Welfare of these Parts: It
will be therefore very necessary, and I shall beseech
your Lordship, to make known to the House of
Peers my Protestation, which will acquaint them with
our sad Distractions, and their ill Effects; that, by
their Wisdom, and the joint Concurrence of the House
of Commons, some Remedy may be thought upon,
to prevent Disorders that may happen; which hitherto
I have been content to take upon myself by my Sufferings, rather than the Public Cause should receive
any Prejudice from these Private Differences, which
yet are made Public by the Interest their Lordships
have in maintaining their own Act, and the righting
a Peer in his Honour, and those great Trusts their
Lordships have reposed in him by Ordinance: When
their Lordships shall be pleased to send me their further Direction and Commands in this Business, none
shall pay a more ready Obedience and Respect to
"Most humble and
Earl of Denbigh's Declaration and Protestation, for his Army to take the Convenant, and of his Intentions to protect the Country.
"26 Novembris, Anno 1643.
"A Declaration, or Protestation, of Basill Earl of
Denbigh, Viscount Feilding, Baron of Newenham, Lord Lieutenant of the Counties of Warwicke, Denbigh, and Flint, General of all the
Forces raised, and to be raised, in the several
Counties of Warwicke, Worcester, Stafford, and
Salopp, with the Cities and Counties of Coventry and Litchfeild, and Parts adjacent, to serve
for the Defence of the true Protestant Religion, the King, Parliament, and Kingdom.
"First, I declare and require all my Officers and
Soldiers to repair unto the Church of St. Michaell
in Coventry, and there to take the Covenant lately
published by both Houses of Parliament, immediately
after the Sermon To-morrow Morning, before some
Minister of the Place, whom I desire to be present,
and to see them subscribe their Names, and return
them to me; being resolved none shall serve under
me but those that will take this Covenant.
"Secondly, Whereas, by reason of the Unwillingness in this City to receive my Troops into their
Houses according to the Billets of the Committee, I
may well be jealous of some Misconstructions, as if
I intended to press, not to ease, the County and City
of the Taxes and Payments they lie under; for a full
Vindication wherein, I desire them to be informed, I
have gained an Ordinance of Parliament for Six Thousand Pounds, Two Thousand Pounds whereof I stand engaged for, and have employed the Money in raising both
Horse and Foot and Ammunition, for the Defence of
the City and the associated Counties; and withall to
assure them, that what Charge soever (according to
the usual Rates of the City) shall necessarily be expended in their several Quarters, for their Lodging
and Diet, shall be lawfully and justly discharged and
satisfied: These I conceive to be Demonstrations of
my sincere and candid Intentions, not to impose Burthens; but with all possible Means to moderate and
lessen them, both in County and City, as far as the
urgent and present Affairs will give Leave; and that I
will not be wanting in all Faithfulness and Diligence
to advance the Public Cause, according to the Trust
reposed in me by both Houses of Parliament, and
his Excellency the Lord General, to reconcile Differences, not to make them wider; to my Power, to
the utmost, to maintain Truth and Justice, to suppress
Vice, and even with the Hazard of my Life and Fortunes to defend those Parts from the Violence of any
Assailants, as far as God shall assist me; in so much
that, if any Defect shall appear for the future in the
Preservance of this City and County, the Fault shall
be yours and not mine, being merely transported
hereunto by my Zeal to God, and this my native
Country; which I here protest in the Presence of the
Almighty and you all.
Earl of Denbigh's Letter to the Lord General, complaining of Colonels Barker and Purefoy, not obeying his Commands.
"I am confident it was not your Lordship's Intention,
by your Commission to Colonel Barker, to cross or invalidate an Ordinance of Parliament, and your Lordship's former Commission to me, which was grounded
upon that Ordinance; yet such hath been the unhappy Effects, and the wrong Use made of this latter
Commission, that I am wholly deprived of the Means
of serving this County and the rest of the Association: There hath been likewise an unhappy Mistake
in Colonel Purefoy's, giving Obedience to Serjeant
Major General Skippon's Orders, and not to me, the
Particulars whereof will appear in the inclosed Copy
of the Protestation I have made against those who
have performed so notable a Contempt to an Ordinance of Parliament and your Excellency's Commission. It will not be improper for your Lordship to
know, how that Part of this Committee of Coventry,
who petitioned your Lordship for Colonel Barker's
Commission, not many Weeks before made several Instances to me by Letters, which I can produce upon
Occasion, to hasten and quicken my Resolutions of
exercising this Command in Person, which with extraordinary Confidence they pressed most at the Time
when those Clouds of Jealousy and Misfortune hung
most upon me. I have addressed myself to both
Houses of Parliament, as I do now to your Excellency,
for a Redress to these Disorders, and that I may be
righted in my Honour and Command; which as it
will become your Lordship to do to a Person of my
Quality, being a Peer of this Kingdom, and qualified
with Public Characters, so I may with Modesty affirm, that such a Proceeding will no Way prejudice
the general Cause in these Parts, where I shall be
ready to hazard my Life and Fortunes for the Advancement of the same, and remain
Coventry, 1 December, 1643.
"For his Excellency the Earl of Essex,
Protestation of the E. of Denbigh, against the Colonels Purefoy and Barker, for refusing to obey his Commands.
"The Protestation of Basill Earl of Denbigh.
"Whereas, by a particular Ordinance of the Lords
and Commons assembled in Parliament, directed to the
Lord General, from whom, and in Pursuance of that
Ordinance, I had likewise Commission to be Commander in Chief over the several Counties of Warwicke,
Worcester, Stafford, and Salop, and of the Cities and
Counties of Coventry and Litchfeild, (fn. *) and am intrusted
with the Managing and Prosecution of the War, for the
particular Defence of the aforesaid Counties against
all Invasions whatsoever.
"And whereas, upon several Intelligences given me
here in Coventry, whither I came purposely (though with
much Hazard in my Passage) to perform the Duties
of my Place, and by several Letters from Colonel
Mitton and the Committee of Shropshire, from Lieutenant Colonel Chadwick in Staffordshire, and from his
Excellency's Army by Sir Samuell Luke, I was clearly
satisfied of the Landing of Three Thousand Irish in
Flintshire, of the March of Three Thousand Horse
and Foot under the Command of the Earl of Downe
and the Lord Byron towards Shropshire, and of the
Design and Probability of joining these Forces to the
Lord Capell's to oppress this Association; I thought it concerned me, both in Point of Honour and Duty, to provide a timely Remedy to these threatening Calamities,
which could be done no other Way but by carrying with
me the Forces of this County, which might serve likewise as a Convoy to the Ammunition deposited here
in my Hands for Shropshire, and accordingly, in the
Presence of the Committee of Coventry, commanded
Colonel Purefoy (whose Regiment is the main Strength
of Horse in this County) to draw out, and follow my
Directions: I gave the same Orders likewise to Colonel Barker, to draw out his Force of Horse and Foot,
that I might the better judge what Force was expedient for this Design, and what to be left for the
necessary Defence of this City and the other Garrisons of this County, as the first and special Place I
thought myself concerned both in Conscience and Honour to secure: But, instead of Obedience, I received
a Denial from both those Colonels; the first alledging that he was at the Command of the Lord General, whom he neither would nor durst disobey, and
to that Purpose drew forth an Order, under the Test
of Major General Skippon, to whose Commands he was
assigned (as he said) by the Lord General, to attend
his Pleasure upon Summons given, and therefore
could not stir; the latter produced a Commission,
signed November 1, under the Hand and Seal of the
Lord General, to be Governor of the City and County of Coventry, and thereby interpreting himself Commander in Chief both of that City and County, refused to receive any Orders; and to that Purpose (as
if my Superior in Command, even during my Presence there) takes the Militia of this City and County
wholly into his own Manage and Disposal, as if myself were not at all concerned in the same; and,
notwithstanding all the Arguments used both of Respect to the Ordinance of Parliament, and the Lord
General's former and absolute Commission in Pursuance of the same, to shew those subservient Commands did no Way cross my Power, and reasoning
with all possible Fairness to convince this so unreasonable Dispute, giving full Assurance of my Resolution to secure this County (although at that Time
there appeared no Danger) before I would carry any
Force into other Parts, as also, if by my Absence
any Invasion should happen, I would speedily return
for their Relief, with greater Forces; yet, by the unhappy Prosecution of this Mistake, I rest still so disobeyed, that I must prosess myself utterly disabled for
the Execution of that Trust and Power with which both
Houses of Parliament and my Lord General have invested
me; and how, in this Necessity, I should march in Person to serve the rest of the Association, or so much as
apply myself to the particular Defence of this County,
and how it is possible to make a fair Introduction into
this Employment (seeing those in whose Hands formerly, and even now at this Time according to their
own Conceits, the principal Strength of Horse and
Foot were intrusted, doth both question my Power,
and refuse their Assistance for the Association) is a
Question not easily answered: All which considered,
and to remove all future Scandal and unjust Imputations whatsoever, that may reflect upon my Honour,
by this unprecedented Neglect of Duty, I account it
my Misfortune that I am enforced to protest (as I did
formerly in the Presence of the Committee) against
those Two Colonels, as the Cause and Original of all
the future Miseries and Calamities which may ensue
upon the Landing and Conjunction of the Irish Forces
with the others beforementioned, which I represented would probably grow into a great Body, and of all
Destruction and Impediments whatsoever that shall
in the future hinder the Association or mutual Assistance of each other, in these Counties under my
Command; which as I hold myself clearly acquitted
and discharged of, so I am more than equally sensible
of the Affliction and Distress of those Counties (which
have so much implored my Assistance) than of the Affront here offered to my Person and Honour: And
do protest, it is my extreme Grief, that, in the very
First Desires of Action, I should hereby be made uncapable to perform that Service, which my Zeal and
Affection to these Countries, my Constancy and Unweariedness in passing through so many Trials and Difficulties, have ever prompted me unto; and therefore
do beseech that both the High Court of Parliament,
his Excellency the Lord General, and the associated
Counties, will take Notice thereof, that, in Time convenient, and as Occasion may offer itself, they may be
made the Precedents of future Obedience, who have
first caused these unfortunate Obstructions both to
their former Commands and future Safety.
Petition of Trinity College, Cambridge, to protect their Estates from Sequestration.
"To the Right Honourable the House of Peers
now assembled in Parliament.
"The humble Petition of the Fellows and
Scholars of Trinity Colledge, in the University of Cambridge, in the Behalf of
themselves and that whole Society,
"That whereas your Petitioners, by the exceeding
great Liberality and charitable Devotion of the many
Pious and Religious Benefactors, are endowed, and
become the lawful Owners and Possessors, in Right
of their College, of many Lands and Tenements,
lying dispersed in several Counties of this Kingdom;
and, by Means of the great Distractions of the State
in these Times of War, your Petitioners for many
Months past have been bereaved of the Rents and
Revenues of the greatest Part thereof, especially of
such as lie most remote; so that your Petitioners
have not had any Means of Subsistence but by the
Profit of those their Lands that lie near unto them;
all which your Petitioners are daily in great Hazard
to lose, by the Misunderstanding of the Ordinance
of Parliament for Sequestrations (as your distressed
Petitioners in all Humbleness conceive); and, by
Colour thereof, the Sequestrators have entered upon
divers of our Lands, and distrained our Tenants for
their Michaelmas Rents due unto us, and driven
their Cattle away, and exacted great Sums from
them over and above the said Rents, albeit some of
our said Tenants had before that paid the same unto
us, to avoid all Penalties for Neglect, according to
their Tenures, notwithstanding College Lands are not
in any Ordinance of Parliament mentioned to be sequestered, as your Petitioners (with all humble Submission nevertheless to the grave Judgement of this
Honourable Court), hope you will graciously please
so to declare the same: Now therefore, and for that
even the greatest Delinquents declared in those Ordinances are to have Allowance for their Maintenance, and in respect your Petitioners Lands in the
Association (which are now our only Relief) are not
sufficient to afford Food and Raiment convenient for
us, we paying out to the Three Professors of Divinity, Hebrew, and Greek, and to poor, aged, and
impotent Men, by our Benefactors Appointment,
near the Sum of Three Hundred Pounds per Annum,
and being about One Hundred and Sixty Persons that
depend upon the College for their Livelihood;
"May it please this Honourable Court, to be so
Gracious unto us, in this most deplorable
Estate, that we be not left in a worse Condition than those that are Delinquents, and
deprived of a necessary Subsistence; for Want
whereof we are irrecoverably like to perish,
without merciful Aspect and timely Protection; and to that End so to Order, That the
Sequestrators may not further molest our Tenants, but restore our Rents already received,
and release the rest of our Lands already sequestered.
"And your Petitioners, as in all Duty bound,
shall pray that your unwearied Labours
for the Good of the State may be
crowned with happy Success."
Earl of Manchester's Letter concerning the Sequestration of the Estates of Colleges at Cambridge.
"By virtue of the Ordinance of Sequestration, the
Sequestrators for the Town of Cambridge have sequestered all the Lands and Profits belonging to
those Colleges which did convey their Plate to the
King: This is likely to breed a great Distraction in
the University, by reason that the Fellows and Scholars of those Colleges must be driven to very great
Extremities, having no other Livelihood or Subsistence. I shall not take the Boldness to offer any
Thing of my own Sense to your Lordships; for I
doubt not your Lordships in your Wisdoms will
think it better to endeavour the reforming of the
University, rather than to hazard the dissolving of
it. I have made Stay of any further Proceeding,
until I receive Direction from your Lordships and the
House of Commons, which I shall be ready to obey
in this and in all Things else.
"Your most humble Servant,
"For the Right Honourable the Speaker
of the House of Peers."
Order to reimburse 1000l. to the Commissioners of Excise, advanced for Sir William Waller's Army.
"Whereas the Commissioners of Excise in London
have, upon an Ordinance of Parliament dated the
Twenty-seventh of November last, advanced Four
Thousand Pounds of the Five Thousand Pounds
thereby assigned for the Use of the Brigade now
under the Command of Sir William Waller, out of
the Excise, and received several Ordinances of both
Houses of Parliament, dated the Twenty-eighth and
last of November, for their Reimbursement; and
whereas the said Commissioners are ready and willing
to advance One Thousand Pounds, the Residue of
the said Five Thousand Pounds assigned by the said
Ordinance of the Twenty-seventh of November: Be
it Ordained, by the Lords and Commons assembled
in Parliament, That John Towse Esquire, Alderman
of the City of London, and the rest of the Commissioners of Excise, shall and may re-pay themselves,
out of such Monies as shall first come in upon the
Receipt of Excise over and above such Monies as by
former Ordinances are assigned unto the Merchants
Adventurers, or advanced by them the said Commissioners of Excise upon any former Ordinance or
Ordinances; and to pay themselves after the Rate of
Eight per Cent. Interest, for so long Time as the said
Commissioners shall be out of the said Sum of One
Thousand Pounds, or any Part thereof; and John
Trenchard Esquire is hereby authorized to receive the
said One Thousand Pounds for the Use of the said
Brigade, now under the Command of Sir William
Waller, as aforesaid."
Order for 400l. to the Assembly of Divines.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers
at The Guildhall, London, shall, out of the First Money that shall come unto their Hands of the Twentieth Part, pay unto Mr. Marshall and Mr. Calamy
the Sum of Four Hundred Pounds, to be by them
distributed amongst such of the Assembly of Divines
whose Necessities are most pressing, towards the Payment of the daily Allowances granted unto them by
the Ordinance of both Houses; and the Committee
of Lords and Commons for the Ordinance of Money,
sitting at Habberdashers Hall, are required to take
Care that the said Money be paid according to this