Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Veneris, 2 Junii.
PRAYERS, by Mr. Marshall.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ward's Ordinance to be Minister of Althorp.
Upon the Petition of Nath. Warde; desiring "to have the Parsonage of Althorpe, in the County of Lyncolne, conferred upon him, now void by the Death of Hierome Phillips, and in the King's Gift:"
It is Ordered, That an Ordinance be brought, for presenting the said Mr. Warde to the said Living.
Marq. of Argyle's Order for 35,000l.
An Ordinance was brought in, for paying Thirty Five Thousands to the Marquis of Argyle, or his Assigns; and, being read, was passed.
Kirk and Fawcet.
Ordered, That Fosset, now in Custody of the Gentleman Usher at the Complaint of Kirke, shall be released; giving Bond to appear before this House when he shall be summoned.
Mountague's Liberty prolonged.
Ordered, That Mr. Walter Mountagu shall have Liberty, as now he hath, for Six Months longer, upon the same Security he now stands bound in; he having never been in Arms, nor engaged himself against the Parliament; and therefore the Lords make a Difference between him and others that are committed.
Eltonhead and Cockayn.
Upon hearing the Counsel of Mr. Eltonheade and Mr. Cockayne; this House declares, "That when Mr. Eltonhead made his Complaint to this House, it was not (fn. 1) the Intention of the House thereupon to give him any Possession, either in House or Land, but such as he rightfully had and enjoyed Six Months before the Time of his Complaint, and claiming of his Privilege of this House as an Attendant of this House:"
And therefore it is Ordered, by the Lords in Parliament assembled, That they continue the same Possession they had before the Order of this House in Peace, until there be an Eviction by a Trial at Law, and Determination in Court of Equity, where the Cause now depends, to which this House leaves them.
L. Admiral's Account of his taking Possession of the Fleet.
Next, the Lord Admiral made a Report to this House, of his going into The Downes, to take Possession of the Fleet: And divers Papers were read, being a Narrative of the Business. (Here enter them.)
Ordered, That these Papers be communicated to the House of Commons.
Message to the H. C. with Papers concerning it;-and for Mountague's Liberty to be prolonged.
A Message was sent to the House of Commons, by Doctor Bennett and Mr. Eltonheade:
1. To communicate the Papers which the Lord Admiral reported to the House this Day, concerning the Fleet.
2. To deliver the Sense of this House unto them, concerning a further Liberty to be granted to Mr. Walter Mountagu.
Meeting of the Committees and the Common Council.
The Earl of Pembrooke reported, "That the Committees of both Houses were Yesterday at the Common Council at London, and made them a Narrative of the Proceedings of both Houses concerning the Kentish Business: To which the Common Council returned an Answer, which was spoken by Mr. Alderman Gibbs."
Answer of the Common Council.
Which, being in Writing, was read, as followeth.
(Here enter it.)
Ordered, That the Proceedings, with this Answer, shall be printed and published.
Ordinance against Blasphemies, &c. to be sent to Scotland.
Ordered, That the Votes of the Sixth of May, sent into Scotland, shall be printed, and sent, with the Ordinance against Blasphemies, to our Commissioners in Scotland, by the Committee at Derby House, that so they may (fn. 2) be published in Scotland.
Representation of the E. of Warwick concerning his taking Possession of the Fleet; and Papers concerning the Ships that had revolted from the Parliament.
"A Representation of the Proceedings of the Earl of Warwick, Lord High Admiral, in order to the reducing of such Ships at The Downes as have revolted from the Parliament's Obedience.
"31 May, 1648.
"His Lordship, having received his Commission on Monday the 29 of May at Night, did, on Tuesday the 30th, in the Forenoon, begin his Journey; and, going by Land to East Tilbury in Essex, did embark himself in The Nichodemas Frigat (being commanded there to attend his Lordship's coming); and this Day, about Ten in the Morning, came into The Downes, with the Flag in the Main Top.
"When The Nichodemus was off The North Foreland, The Hind Frigatt was discovered to make towards her; and, before The Nichodemus was at Anchor, came up with her; and some aboard The Hinde hailing The Nichodemus, upon hearing that the Earl of Warwicke was aboard, did salute his Lordship with Seventeen Guns, which The Nichodemus answered with Seven Guns; his Lordship interpreting that Entertainment as an Argument of their Intentions to submit unto the Parliament's Authority, though his Lordship did much doubt the same, for that the Flag was kept up in the Main Top of The Reformation, notwithstanding his Lordship's Approach, as it was also continued during all the Time of his Lordship's Stay.
"Shortly after, there came aboard The Nichodemus, out of The Hinde Frigatt, in One Boat, Captain Harris Captain of The Swallow, Captain Penrose Captain of The Sattisfaction, Lieutenant Laurence Lieutenant of The Swallow; in another Boat, Two Kentish Gentlemen, (videlicet) Captain Richard Bargrave and Captain Hamond, who termed themselves Commissioners from the County of Kent, and with them Major Kem, the Boatswain, Carpenter, and Gunner's Mate of The Constant Reformation (wherein the Vice Admiral did lately serve), and divers others. After coming aboard, his Lordship had Notice, by Captain Penrose and Captain Harris, that, till the Night before, being Tuesday, the Seamen were resolved to submit to his Lordship. But then one Bargrave, Dean Bargrave's Son, who had been eminently active against the Parliament, with another Captain of the King's, was admitted aboard The Reformation; and had infused such desperate Principles into the Seamen, that they wholly deserted their former Resolutions, and were resolved, not to admit his Lordship aboard without his Engagement with the Kentish Gentlemen.
"Bargrave and Hamond coming to his Lordship into the Captain's Cabbin, they suggested, that the Seamen had, by a solemn Oath, joined in the Kentish Engagement; and that it would be expected, before his Lordship's Admittance aboard The Reformation, he should engage with them; and therefore desired his Lordship's Testification thereof under his Hand, to the End it might be shewed unto their Committee in Kent.
"His Lordship professed his earnest Desire of a safe betwixt the King and the Parliament, and that he would use his best Endeavours in that Behalf; but refused to sign to any such Engagement. And they leaving it to his Lordship to consider thereof, he did, after their Withdrawment, resolve of this Answer as to them: That he (fn. 3) came down, by Command of the Parliament, to receive the Fleet into his Charge; that he had only to do with the Seamen; that the Trust reposed in him had no Relation to the Business of Kent; and that therefore he could not take Cognizance of any Thing they proposed; but withal to offer to them, to give what they had to say in Writing; upon which his Lordship intended to make Answer to the Purport as aforesaid, and transmit the same to the Houses. But they afterwards (on the Proposal thereof) alledging, that they could not give any Thing in Writing without Warrant from their Committee, his Lordship gave them Answer by Word of Mouth to the same Effect.
"After their Withdrawment from the Cabbin, his Lordship applied himself to Major Kem (who says he was by the Ship's Company invited aboard The Reformation), and to the Officers of that Ship, letting them know, that the Parliament had intrusted him, as Lord Admiral, to take the Fleet into his Charge, and had given him Power to indemnify such of the Mariners as submitted to his Command: They, in Answer thereof, insisted upon a Remonstrance of theirs, dat. 28 May Instant, whereby they declared, That they had unanimously joined with the Kentish Gentlemen, in their Petition to the Parliament, to these Purposes:
"1. That the King's Majesty may with all Expedition be admitted, in Safety and Honour, to treat in Person with the Two Houses of Parliament.
"2. That the Army now under Command of the Lord Fairefax be forthwith disbanded, their Arrears being paid them.
"3. That the known Laws of the Kingdom may be established and continued.
"4. That the Privileges of Parliament, and the Liberty of the Subject, may be preserved; which Particulars the said Officers urged, as that which the Company would expect before his Lordship's Admittance aboard.
"To the First of which, his Lordship answered, That the Parliament had passed some Votes concerning a Personal Treaty, wherein his Consent was involved.
"To the Second, That as soon as such a Treaty as the Parliament shall agree upon shall have produced a safe Peace, his Lordship should join his Endeavours to take off whatever might be a Charge to the Kingdom: But that a present Disbanding, as Affairs now stand, might hazard the Parliament, and consequently subject to Danger the Protestant Cause throughout Christendom; and therefore, as to those Two First Proposals, he must qualify his Answer as aforesaid.
"To the Two last, as to fundamental Laws, Parliament's Privileges, and Subjects Liberties, his Lordship signified, he should willingly concur.
"His Lordship further urged, That they had no Reason to press him to any Engagement with the County of Kent in their Petition, it not appearing to his Lordship what the Petition in Truth is; he believing withal that the same was delivered Yesterday, and doubted not but the Parliament had given such an Answer thereunto as was meet; which, whether it were in Allowance or Disallowance thereof, it concerned not his Lordship to interest himself therein, for that it would have been useless if the Matters therein prayed were already granted, and repugnant to the Parliament's Pleasure if denied; and therefore, and because he had only to do with the Seamen and Fleet, his Lordship concluded, he could as to that give no other Answer.
"His Lordship did further let them know, that it was his Intention to go aboard The Reformation, and to receive the Fleet into his Charge, according to his Commission.
"To which the said Major Kem and Officers replied, "That they would go aboard The Reformation, and represent with Faithfulness his Lordship's Sense, and bring their Answer; desiring that Captain Penrose might accompany them, to testify their Carriage in this Business." After some Stay, the said Major Kem and Officers returned, and with them young Bargrave the other Captain, and divers more of the said Ship's Company; who delivered unto his Lordship the Paper hereunto annexed, desiring a Treaty betwixt his Lordship and the said Gentlemen, and acquainting his Lordship that he could be admitted on board upon no other Terms.
"Captain Penrose, returning with these, set forth the Height of the Distemper aboard, the Discourse amongst them concerning the Shooting at his Lordship's Flag, which would have been executed if the Gunner had not prevented it, and their total Resolution against Compliance with his Lordship (Young Bargrave being then found aboard, and still encouraging them jointly and severally in Ways of Disobedience, with Promises and Threats). This Paper concerning a Treaty being read by his Lordship, and the said Mr. Bargrave and Hammond urging his Lordship to go with them into Kent in Pursuance of that Desire of a Treaty, promising him Accommodation and Security; suggesting the great Opportunity that was now in his Lordship's Hands to serve the Public Peace; and beseeching, that if he would not treat (which his Lordship declared he had no Commission to do), yet he would repair with them to Rochester, that the Committee there might manifest to him the Truth of their Proceedings: His Lordship would by no Means consent thereunto; alledging that he had no Commission in that Behalf; but resolved of the Answer hereunto annexed: Which being delivered to the said Officers and Mariners then aboard The Nichodemus (who were also chosen by The Reformation's Company to receive his Lordship's Answer, and to return such Resolutions thereupon as they should see Cause), they excepted against his Lordship's longer Stay, his carrying away of The Nichodemus, his wearing the Flag in the Main Top; and declaring, that either he must go up in a small Ketch then attending at The Downes, or else they would set him ashore to go up by Land; and at last offering to let him have The Nichodemus, upon the Engagement of his Honour that he would return her to them; pressing him withal to hasten up, and represent to the Two Houses their Desires, that his Lordship, or he and some other Commissioners, might be sent to treat with the Gentlemen of Kent; and at last delivered his Lordship the Answer subscribed to his Lordship's Paper annexed.
"After this, the Seamen continued to express their Resolution that his Lordship should not have The Nichodemus, being provoked thereunto by the Two Bargraves and Hamond, till the said Hamond was prevailed with to urge it from some Reasons offered by his Lordship; (videlicet,) the Seamens Invitement of his Lordship down, and their own Engagement by their Paper of this Day, "That, if his Lordship and the Gentlemen of Kent did not agree, he might return to London in his own Ship."
"Which convincing the said Hamond, he was prevailed with to deliver his Sense to the Seamen in his Lordship's Presence, and to declare his Consent. They all concurred; yet with an Intimation, that they expected the Vessel to be sent back again to them; though his Lordship kept himself free from any Obligation in that Behalf.
"After this, the Gentlemen, Officers, and Mariners, left his Lordship; who taking into Consideration the Violence of the Seamen, the Uncertainty of their Resolutions, and the lying of The Nichodemus under the Command of the Ships and Vessels, did shortly after direct The Nichodemus to weigh Anchor, and with her called off the Ketch, who cut her Cable, and followed; and his Lordship summoning a Council of War, the Resolutions hereunto annexed were there taken.
"1 Junii, 1648. Near unto Tilbury Hope, his Lordship heard of some Defeat given to the Kentish Forces by the Lord General's Forces; whereupon, by his Lordship's Direction, a Letter was written by his Secretary to the Boatswain of The Reformation, a Copy whereof is hereunto annexed.
"This is the Substance of what passed in The Downes, concerning the Ship Reformation, &c. over and besides many violent mutinous Threatenings and distempered Expressions of the Gentlemen and Mariners aboard, which are too long to be set forth in Writing.
"The Ships left at The Downes are,
"The Swallow, Leonard Harris Captain.
"The Sattisfaction, Captain Penros Captain, who is come up from his Charge in Duty to his Trust.
"The Hinde Frigat, Richard Soltonstoll Captain.
"The Roebucke, Robert Nixon Captain.
"The Pellican, whose Commander hath deserted her.
"2 June, 1648. His Lordship hath also this Morning consulted with the Commissioners of the Navy and others, what will be most fit for him to do, in order to the reducing of such Ships as are under Defection, and the confirming to the Parliament's Obedience such as have not yet engaged; and the Particulars which are resolved upon will be communicated to the Committee at Derby House this Afternoon.
"We all desire,
"That the Gentlemen of Kent interested about the Petition will please to give his Lordship a Toleration to pass and re-pass to some convenient Place of Treaty ashore; and what shall be mutually agreed on, we shall heartily all agree unto; and if they agree not, to have peaceable Passage aboard his Ship, to go for London.
May 31, 1648:
"Signed in the Name of all the Ships Company, by their Consent."
"I received your Paper, dated this Day, containing your Desire about a Treaty betwixt myself and the Gentlemen of Kent; the same being in Return of my Message sent this Day, concerning my coming aboard The Constant Reformation: To which I answer, That I am sent down, by Order of both Houses of Parliament, to take the Charge of the Fleet, and to give Indemnity to the Captains and the Mariners, as I shall see Cause; which Indemnity I do accordingly offer to all such Captains and Mariners of the Fleet as shall submit to my Commission. But, having no Authority to treat with the said Gentlemen, I cannot concur in that Desire without special Warrant; but shall speedily communicate your Paper to both Houses of Parliament, and, upon their Answer, shall proceed accordingly; and till their Answer received, I desire not to be disturbed in my Abode upon the Vessel wherein I now am.
"Aboard The Nichodemus, this 31th of May, 1648.
"To the Company of the Ship Constant Reformation."
"The Desire of the Company is, That your Lordship would be pleased to return to the Two Houses of Parliament, and to signify unto them the unanimous Consent and Association of the Fleet with the Gentlemen of the County of Kent, in order to those honest and just Demands mentioned in theirs and our Petition; and that they are resolved, not to separate themselves from the said Gentlemen, by taking an Act of Indemnity apart, or by entering into any Treaty without their Privity and Consent; beseeching (fn. 4) your Lordship to use your most effectual Endeavours to move the Two Houses for a speedy Settlement of the Kingdom, according to the Covenant."
"At a Council of War, held aboard The Nicodemus, in The Downes, 31 May, 1648.
"Resolved and Declared, That my Lord Admiral hath omitted nothing that could be done by his Lordship, in order to the reducing of those Ships of the Fleet now at The Downes, that have revolted from the Parliament's Obedience.
"Resolved, That it is the Opinion of this Council of War, That it is not safe, nor any Way conducing to the Parliament's Service, for the Lord Admiral to stay longer in The Downes, considering the high Distempers of the Seamen; but that it is fit for his Lordship speedily to repair to the Parliament, to give an Account of his Proceedings, and of the Condition of Affairs here."
"Off The North Forland, eodem Die.
"It being considered, Whether The Nichodemus shall be sent Westward, or Northward to give Advice to the rest of the Fleet (not yet under Defection) of the true State of Affairs at The Downes: Forasmuch as the same cannot be conveniently done, without Notice taken thereof by the revolted Ships in The Downes, which may invite them to send Ships after her, and so give Opportunity to malignant Seamen to infuse and foment dangerous Principles into the Minds of those that may otherwise keep to their Trust; and for that some of the Seamen of this Vessel may (for aught is known) act in the like Kind, they being privy to the Height of Distempers here: Resolved, to be the Opinion of this Council of War, That his Lordship do send up the Vessel into the River of Thames, whereby those Inconveniences may be prevented, and she secured.
"Warwick. Ro. Moulton.
"Fra. Penrose. Tho. Pacy."
"In our Way to London, we heard of the Army's defeating of the Kentish Forces; whereby will be discovered to you, and the rest of your Ship's Company, the Danger of your and their present Actings against the Parliament, and consequently against the Peace of the Kingdom. I have therefore thought it meet (upon Direction from my Lord Admiral) to let you know, that, upon your Submission to the Parliament's Authority, by rendering The Constant Reformation into his Lordship's Hands, you will take the only Course to rescue yourselves from that Misery and Ruin which will otherwise fall upon you; his Lordship intending to give Indemnity to none of you that shall stand out. I hope you will consider, that the Parliament is in an effectual Way of composing the sad Distractions of the Kingdom, and to effect in the best and safest Way the very Things that are contained in that Petition wherein you say you have engaged; and that such Interruptions as you and the rest have given are the great Obstructions of that Peace which you pretend to aim at. Consider what I say. Remember your Trust; and God direct your Hearts not to resist good Counsel. I rest, desirous to be
Aboard The Nichodemus, near The Hope, 1 Junii, 1648.
"Your loving Friend,
"For Andrew Mitchell, Boatswain of The Constant Reformation."
Answer of the Common Council concerning the Kentish Business.
"At the Common Council, 1 Junii, 1648.
"Alderman Gibbs gives Answer:
"1. That the Common Council did acknowledge the great Condescension and Patience of the Honourable Houses, in sending their own Members to the City, to acquaint them with their Proceedings in Kent; for which, they return humble Thanks.
"2. That, by what was done, it did appear to all, that if any Blood was shed in Kent, that they were the Causes of it themselves, that refused the Offers that were made to them by the Parliament and their General.
"3. They desired that the Houses would publish in Print their Proceedings, that their Fellow Citizens and all the World may receive Satisfaction, as they had received.
"4. They desire that the Paper that they presented may be also printed, to prevent Misreports."
Morte to have Writings out of the Court of Wards.
Upon the Petition of Anne Morte Widow, and Orders annexed, this Day exhibited to the House:
It is Ordered, That the Writings and Evidences formerly (by Order) brought into the Court of Wards, by Adam Morte, the Petitioner's late Husband, deceased, shall be perused, by the Counsel or Solicitor of the Petitioner, in the Presence of Mr. Awdley, Clerk of the said late Court, or in the Presence of such others as shall be employed under him; and further, that the said Petitioner may have such of them as are material to be used at a Trial at the next Assizes to be holden at Lancaster, touching the Petitioner's Jointure and Title of Dower, upon good Security to be given unto the said Mr. Awdley for the Re-delivering of all such Writings to him again, after the said Assizes, as shall by Inventory be delivered to the Petitioner, to be made Use of at the said Assizes as aforesaid.
House adjourned till 10a cras.