House of Lords Journal Volume 6: 6 July 1644

DIE Sabbati, 6 die Julii.

PRAYERS.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker,

Message from the H. C. with a Declaration against Webster & al. who are active against the Parlialiament, in Holland.

A Message was brought from the House of Commons, by Sir Henry Mildmay, &c.

To desire their Lordships Concurrence in a Declaration against Four Persons beyond the Seas, that have been active against the Parliament; and, that their Lordships may see upon (fn. 1) what Grounds the said Declaration is made, (fn. 2) they present to their Lordships Consideration a Letter of Mr. Strickland's. (Here enter it.)

and for a Conference about the Letter to the Lord General.

2. To desire a Conference, by a Committee of both Houses, concerning the Letter to be sent to the Lord General.

Declaration against Webster & al.

The aforesaid Declaration was read, and committed to these Lords following:

Their Lordships to meet presently.

Ordinance to explain the One for taking the Accompts of the Kingdom.

Ordered, That the Committee for Explanation of the Ordinance concerning Accompts shall meet this Afternoon, at Three of the Clock.

The Answer returned to the Message was:

Answer to the H. C.

That their Lordships will give a present Conference, as is desired, in the Painted Chamber; touching the Declaration, their Lordships will take it into Consideration, and send an Answer by Messengers of their own.

Paperfrom The States Ambassadors.

The Speaker acquainted the House, "That The States Ambassadors delivered a Paper to him, to be presented to this House;" which Paper was commanded to be read. (Here enter it.)

Message from the H. C. that they may communicate One delivered to them;

A Message was brought from the House of Commons, by Sir Nevill Poole Knight, and others:

1. To desire, [ (fn. 4) at the next Conference], they may communicate to their Lordships, a Paper which they received from the The States Ambassadors.

and with Ordinances.

2. To desire their Lordships Concurrence in several Ordinances:

1. That the Remainder of the Twentieth Part of the Earl of Arrundle's Assessment may be employed for Greenland House. (Here enter it.)

Agreed to.

2. An Ordinance concerning the County of Wilts.

The Answer returned was:

Answer.

That this House will receive what they shall offer to them concerning The States Ambassadors, at the next Conference; and that their Lordships do agree to the Order concerning Greenland House: To the Ordinance concerning the County of Wilts, their Lordships will send them an Answer by Messengers of their own.

Declaration against Webster & al.

The Lord Wharton reported, "That the Committee have considered of the Declaration against Webster and others; and they think it fit to pass, with a few Alterations:" Which were read, and Ordered to be re-committed.

Message from the H. C. with Ordinances.

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

To desire Concurrence in these Ordinances:

1. An Ordinance for appointing a constant Army to be raised, in the associated Counties of Essex, &c.

2. An Ordinance to pay to Lieutenant Colonel Rowe Eight Hundred and Forty Pounds, for Payment for Arms, to be sent to the Lord Fairefaix.

3. To desire Expedition in the Ordinance concerning the Isle of Wight.

The Answer returned was:

Answer.

That their Lordships will take the particular Ordinances mentioned in this Message into Consideration, and will send an Answer by Messengers of their own.

Declaration against Webster & al.

The Lord Wharton reported again the Declaration, with further Amendments, which were read; and the said Declaration was Agreed to, with the Amendments and Alterations.

Ordinance concerning Wiltshire.

Next, the Ordinance concerning the County of Wilts was read Once.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Walter Erle Knight:

To desire Concurrence in an Ordinance concerning paying of Money out of the Excise, for providing of Arms to Sir Walter Erle. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Ordinance now brought up.

Message to the H. C. that the Lords agree to the Declaration against Webster & al.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that this House agrees with them in the Declaration concerning Webster, &c. with the Alterations, and desire their Concurrence therein.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Paper from The States Ambassadors.

The Speaker reported the Effect of this Conference; which was of Two Parts:

"1. To present to their Lordships a Paper, which they received from The States Ambassadors being the same as was presented to this House; and that they have appointed Friday next, to give Audience to The States Ambassadors."

Audience to be given them.

Ordered, That this House will give Audience to The States Ambassadors on Wednesday Morning next, at Eleven of the Clock; and Consideration to be taken before, in what Manner they shall make their Addresses.

Letter to the Ld. General.

"2. Whereas the House of Commons brought up a Letter to be sent to the Lord General, which was sent down to them with some Alterations, to which they agree in some Things, with some further Alterations."

Which being read;

It was Resolved, upon the Question, That this House agrees to this Letter, with the Alterations now read. (Here enter it.)

Deputy Lieut's for Sussex.

Ordered, That this House agrees in nominating the Deputy (fn. 5) Lieutenants for the County of Sussex.

Ordinance for aising a Standing Army out of several Counties.

Next, the Ordinance for raising a constant Army out of several Counties was read Twice, and Ordered to be committed to these Lords following:

Their Lordships, or any Five, to meet this Afternoon, at Five of the Clock; and to report it on Monday Morning next.

Answer from the H. C.

The Messengers sent to the House of Commons, return with this Answer:

That they agree to the Declaration concerning Webster and others, with the Alterations made by this House.

States Ambassadors Paper, desiring Audience.

"A Monsieur,

"Monsieur le Baron Gray de Warke, Oratour de la Maison des Seigneurs assemblez en Parliament d' Angleterre, À Westminster.

"Monsieur,

"Le Chevalier Flemmingh, Maistre des Ceremonies, nous ayant faict entendre l'Ordre qu'il avoit; il vous plaira de porter vostre Soing, & monstrer au Parliament d' Angleterres ce present Escrit, par le quel nous demandons Jour d'Audience au dict Parliament, aussi tost que faire ce peult, poury proposer au Nom de nos Superieurs, Les Seigneurs Estates Generaulx de Provinces Unies du Pays Bas, quelques Affaires d'Importance, pour le Bien de la vraye Religion, & de I'Interest comun de ces Royaulmes & de leur Republique.

"Faict a Londres, ce cinquieme de Juillet, 1644.
Les Ambassadeurs des dicts Seigneurs Les Estates Generaulx.
G. Boreell.
Jean de Reede.
Alb. Joachimi."

Letter to the Ld. General, about his disobeying the Commands of the Houses, and the Committee of both Kingdoms, in going into the West; and desiring he will for the future pay a proper Respect to them.

"My Lord,

"We are commanded, by the Two Houses of Parliament, to acquaint your Lordship, that the Committee of both Kingdoms have reported to them the Designs of carrying on the War, with the Letters sent to your Lordship in Prosecution of those Designs, and your several Answers; and that they are of Opinion, if the Resolutions of the Houses and the Directions of the Committeee of both Kingdoms had been followed, the Public Affairs had been in a better Condition; and we are also to let your Lordship know, that (fn. 6) in some of your Letters to the Committee of both Kingdoms, and to the Two Houses, there are some Expressions might well have been forborn; but, to make the best Use of their Affairs as they now stand, they find themselves necessitated to new Counsels, and would have your Lordship to take all Advantages on the Enemy, and use all your best Endeavours for reducing of the West. And although they find their Affairs discomposed by your Lordship's going into the West, in respect of the Pay of the Armies, yet the Houses are in present Consideration thereof, and will endeavour to settle it to the Satisfaction of both Armies; and do expect that such Directions as your Lordship shall from Time to Time receive from them, or the Committee of both Kingdoms, be observed. And this being all we are commanded to signify to your Lordship, remain,

"My Lord,

"Your Lordship's faithful Servants."

Mr. Strickland's Letter, complaining of Webster and others, who are active in Holland against the Parliament; that Bushel is prevented from sending Powder to the E. of Newcastle; and that Two Ships with Arms for the Parliament are taken going from Dunkirk.

"SIR,

"I have several Times advertized the Committee of both Kingdoms, and other Members of the Parliament, of the great Hurt that was done by malignant Merchants, Englishmen, dwelling in the Country at Amsterdam and Rotterdam, by providing Arms and all other Things for the Assistance of those who are in Rebellion against the Country; who, though they live here, yet gain much by receiving Employment from other Merchants, by Way of Factorage (who live in London, Norwich, and Yarmouth, and other Towns in Obedience to the Parliament) and, as some say here, from some within the Walls of the Parliament. It seems strange to me, that Men who are such principal Actors in our Kingdom's Miseries should be retained and maintained by serving those as Factors who are in the Kingdom's Service, and they in Service to those in Rebellion; for most of the Merchants here live by Assignations made to them of Goods sent from London, out of which they have so much in the Hundredth for their Pains, and so from Norwich, Yarmouth, and other Places; and Men that are most employed by such Commissions are Mr. Webster of Amsterdam, a Man who hath and doth furnish most of the Arms that go to those in Rebellion, whose Credit is such as makes him very fit for his Employment in that Town, being allied to many in it of Note; but his Credit is likewise much in London, by whose Employments he gains well, whilst they suffer as much by his; this is Charity mistaken in my Opinion; as for him, (fn. 7) my Desire is, London would not nourish those that put Arms into the Hands of their Enemies, and shed with their Blood that of all the Protestants in the Kingdom; it seems to me no hard Matter to entreat the City to use no such Servants as are so active in the Kingdom's Ruin. Amsterdam is not without others who are able and honest Men, who will not meddle with sending over Arms to destroy us and our Religion.

"In Rotterdam there is Mr. Bayneham, a Person so full of Malignancy, as, by his Endeavours and false Informations, as I hear, this State and the Parliament were upon a near Point of falling upon the highest Breach, and indeed into open Hostility. Captain Ellinson, who is Captain of The Providence, being sent hither for some urgent Affairs of the Kingdom, and having received a great Sum of Monies for the Service of the Kingdom; Bayneham, to cross that Service, and, as much as in him lay, to make him, his Ship, and Money, to perish, complained to the Admiral of Rotterdam, of some great Wrongs done by him to some Ships assigned to him, as One of Whitby; and so procured of the Admiralty to send One or Two Men of War to be sent down, to compel The Providence to come in, or else to fight with him. The Captain refused to come in (as indeed it had been much for the Hindrance of the Kingdom's Service, being trusted with Businesses of so great Importance, to come in, and be kept here as long as Bayneham and his Fellows had pleased to dispute with them frivolous Questions); but Mr. Irish, of Rotterdam, an honest English Merchant, and Mr. Johnson, and some others, representing the Truth of the Matter to the Admiralty, before I could come from The Hagh thither, had gotten a Countermand to the Dutch Men of War, not to fight. I beseech you give me Leave humbly to move you, to move the House, That this Theophilus Bayneham may be declared an Enemy to the State, and that Declaration may be sent to me, to deliver to the Deputy of the Company of the Merchant Adventurers at Rotterdam; that the Company of Merchant Adventurers at London will expel him from being a Member of the Company, and from receiving any Privilege as a Member of the Company of Merchant Adventurers; and that no Merchant of London, or other Town in Obedience to the Parliament, may hold any Correspondence with him, upon Forfeiture of the Value of such Goods as they shall put into his Hands here: I conceive these are inferior to his Crime; but yet this will make him smart.

"Another English Merchant, whose Name is Edward Maning, of Amsterdam, being accused in Amsterdam by another Englishman, for saying, "The Parliament of England was in greater Rebellion than the Irish," avowed the saying so to my Face, in the Presence of Mr. Pagett, a very honest English Minister. All his Excuse was, "He knew me not, so was not sorry for the Thing; but that he had avowed it to me, being told who I was." Sir, if the Parliament will not brand such Villains with some Marks of Infamy, such as Manning may adventure to call you worse Rebels than the Irish Rebels, and yet have for Reward their Living by the Employment they receive from Merchants who live in Towns well-affected to the Parliament. I desire Justice against Maning for his treasonable Words, which are ordinary with him; and that the Towns of Yarmouth and Norwich may be entreated not to use him; and, if this be not done, your Honour will lie very low, and those who serve you here subject to such Contempt as the Dignity of a Court of Parliament was not wont to be subject to; and indeed the not reaching the Power of the Parliament to those that live here, in such Things as they are yet liable to their Censure at Home, gives much Encouragement to them, and by Degrees will make every Rascal chop Logic with the Parliament, and, by being so familiar, contemn it. I conceive it were very fit Mr. Dury, now Minister of the Company of the English Merchants at Rotterdam, who is of the Synod of Divines at London (though he never were there, yet he is a Member of the Synod), were sent to by the Synod, to forbid Baynham to come to the Sacrament, a Man who did so apparently endeavour to put us and this State into Blood, and to take Notice of him for such a Man as he is; and I desire the House, if they think fit, (fn. 8) to recommend to Mr. Dury, by themselves and by the Synod, the assisting me in giving the Covenant to the Company, by which these Malignants will be more and more put to it.

"Sir, I received from the Bailiffs of Yarmouth a very perfect Account of taking the Ship which Browne Bushill had stolen here at Amsterdam: I put them into the Hands of the Owners of the Goods in such a private Way, as Browne Bushill was fast before ever he had Notice of it; he is, I hope, in such a Condition, as the Powder he was to bring over will come too late to my Lord of Newcastle. It was put into my Hands by the Bailiffs of Yarmouth with much Care and Prudence; and I trusted no Man but by myself with it, and so I hope that good Instrument of Mischief will be where he is, in Prison, for some Time.

"Mr. Hill and Pennoyer of London, as their Factor Mr. Streete informs me, have Two Ships carried into Zeland, coming out of Dunkirke, with Arms, which were for the Use of the Parliament: I have not had a Word of it from the Parliament; and Sir William Boswell hath offered divers Attestations to The States Generall, sent him from those Parts; yet they were to be sent into Spayne, to make them confiscated to this State; and hath offered to prove they went out of Denkirke by a Warrant from Don Franchisco De Melos, to be sent into Spaine: If those Things be not answered, the Arms will be confiscate. I have yet received no Order in it. The Ambassadors for Sweden and Denmarke are gone. It is said, Ragossi hath beaten the Emperor. The Prince of Oring is in Handers, (fn. 9) and hath yet done nothing. I commended these Particulars to the Wisdom of the House; beseeching them to command me so as I may do them Service here, or else somewhere else; for I hope the House will allow me to profess, that serving them faithfully is that which is above all other Desires or Wishes which may concern my Particular.

"My Desires are, to be reputed,

"Sir,
Your humble Servant,
Wa. Strickland."

Hagh, Julii 7, 1644.

Declaration against Webster, Bayneham, Manning, Ford, and Yard, who are active against the Parliament in Holland.

"Whereas John Webster, Theophilus Bayneham, Edward Maning, Richard Ford, and James Yard, Merchants, contrary to their Allegiance and Duty, have done and committed several Actions, tending to the Destruction of this Kingdom, and to maintain the bloody and most unnatural War now raised against the Parliament and Kingdom: It is Declared, by the Lords and Commons now assembled in Parliament, That the said John Webster, Theophilus Bayneham, Edward Manning, Richard Ford, and James Yard, have, by the said Actions, manifested themselves to be Incendiaries and Enemies to the Parliament and Kingdom of England: And be it Ordained, by the said Lords and Commons, That if any Person or Subject of this Kingdom shall, after Publication hereof, employ the said John Webster, Theophilus Bayneham, Edward Maning, Richard Ford, and James Yard, or any of them, in their Service, as Factors, or otherwise, in Trading or Merchandize, or consign or convey any Money, Merchandize, or Goods, to them, or any of them, or to others to their or any of their Use or Uses, That all such Goods shall be taken and seized on as forfeited; and such Persons, for sending such Money, Goods, and Merchandize, to be taken as Aiders and Maintainers of Persons that are Traitors and Rebels; and that the Deputy Governors and Assistants of the Fellowship of the Merchant Adventurers residing at Rotterdam, in Holland, do forthwith exclude the Persons above-named their Court, and from all Meetings of the said Fellowship, and not permit them to enjoy any Privilege or Immunity granted or belonging to the said Fellowship and Company; and that the said Deputy Governor and Assistants do forthwith cause the said Theophilus Bayneham, James Yard, and Richard Ford, to be apprehended and taken, and to be sent over into this Kingdom, to be proceeded with as Incendiaries between The States of the United Provinces and Parliament of England, and as Persons that have attempted to break the Amity and long-continued Union and Friendship between the said Two Nations."

Order for 3008 l. to Sir Walter Earle, for Ammunition, &c.

"Whereas, by Ordinance dated the 26th of March last, there is Twenty Thousand Four Hundred Forty and Four Pounds, Five Shillings, appointed to be paid Monthly, for Four Months together, out of the Receipts of the Excise, to commence from the 20th of March, 1643, accounting Eight and Twenty Days to the Month, whereof Eighteen Thousand Nine Hundred and Forty Pounds, and Five Shillings, is designed towards the Monthly Pay of the Army under the Lord General, and the Residue, being One Thousand Five Hundred and Four Pounds, to be employed for the Provision of the Arms and Ammunition for the Kingdom; and the whole Sum thereby directed to be paid unto Sir Gilbert Gerrard Baronet, Treasurer at Wars; and forasmuch as there hath yet been no Monies paid, according to the same Ordinance, for the Provision of Arms and Ammunition aforesaid: It is hereby Ordained, by the Lords and Commons in Parliament assembled, That there shall be Three Thousand and Eight Pounds paid, out of the Receipts of the Excise, for the said Provision of Arms and Ammunition, unto Sir Walter Erle Knight, Lieutenant of the Ordnance, whose Receipt shall be a sufficient Discharge unto the Commissioners of Excise in that Behalf; which Sum of Three Thousand and Eight Pounds being in full of Two Months Pay for the Use aforesaid, and within a small Matter proportionable to the Receipts of the Lord General upon the same Ordinance: It is further Ordained, That, for such Payments as are to be made out of the said Excise during the Remainder of the Four Months, by the said Ordinance of the 26th of March last not yet expired, the said Sir Walter Erle Knight, shall, together with Sir Gilbert Gerrard Baronet, be paid proportionably, according to the same Ordinance, for the Use aforesaid; and that his the said Sir Walter Erle's Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, for all or any Part thereof."

Adjourn.

House adjourned till 9^a, Monday.