House of Lords Journal Volume 6: 5 December 1643

DIE Martis, 5 die Decembris.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker.

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. 1) Witnesses, touching the Business between the Lord Wharton and Sir Henry Mildmay, as was Resolved Yesterday.

Petition of Trinity College, Cambridge.

Next, a Petition was read, of Trynity Colledge, in Cambridge.

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. 2) 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 this Business.

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:

Answer.

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.

"My Lord,

"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 them, than

"Your Lordship's

"Most humble and

"affectionate Servant

"B. Denbigh."

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.

"B. Denbigh."

Earl of Denbigh's Letter to the Lord General, complaining of Colonels Barker and Purefoy, not obeying his Commands.

"My Lord,

"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.

"Your Excellency's

"Humble Servant,

"B. Denbigh.

"For his Excellency the Earl of Essex, Lord General."

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. 4) 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.

"B. Denbigh."

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,

"Sheweth,

"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.

"My Lord,

"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,

"E. Manchester.

"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 Order."