House of Lords Journal Volume 8: 21 May 1646

Pages 321-324

Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

DIE Jovis, 21 die Maii.

PRAYERS, by Mr. Lightfoote.

Comes Manchester, Speaker.

Comes Essex.
Comes Kent.
Comes Warwicke.
Comes Suffolke.
Comes Stamford.
Comes Lyncolne.
Comes Bolingbrooke.
L. Viscount Say & Seale.
Comes Rutland.
Comes Denbigh.
Comes Nottingham.
Comes Midd.
Ds. North.
Ds. Robertes.
Ds. Hunsden.
Ds. Howard.
Ds. Maynard.
Ds. Willoughby.
Ds. Wharton.
Ds. Grey.
Ds. Bruce.

Needham and Awdley to be attached, for Pamphlets, concerning the Proceedings of Parliament.

Upon Complaint made of the Abuse of printing and publishing divers Pamphlets, containing divers Passages between the Two Houses of Parliament, and other scandalous Particulars not fit to be tolerated:

It is Ordered, That the Gentleman Usher of the Black Rod shall attach the Bodies of Mr. Needham and Captain Awdley, and bring them before this House.

Sir T. Wilbraham's Ordinance.

Sir Tho. Wilbraham's Ordinance was read, and Agreed to. (Here enter it.)

Ordinance to secure the Money lent for Ireland.

The Ordinance for Security to the Lenders of Money for the Service of Ireland, was read Twice, and committed to these Lords following:

Comes Essex.
Comes Warwicke.
L. Viscount Say & Seale.
Ds. Robertes.
Ds. North.

L. Savill to be bailed.

It was informed, "That the Bail of the Lord Savill is willing now to be bound for him."

Hereupon the House Ordered, That the Lieutenant of The Tower shall bring the Lord Savill Tomorrow Morning, to enter into Recognizance, with his Bail.

Zachary and Booker, in Error.

Ordered, That the Errors in the Writ of Errors between Zachery and Booker shall be argued on Saturday next, at this Bar, by Counsel on both Sides.

Letter from Dantzick.

A Letter to both Houses, from the City of Dantzick, was read, being translated into English, dated the 16 Jan. 1646, concerning the Payment of Monies to Tho. Smart; and it is Ordered to be recommended to the House of Commons. (Here enter it.)

No Motion to be made after Twelve.

Ordered, That no Motion shall be made in this House after Twelve of the Clock.

Letter from the Scots Commissioners.

A Letter from the Scotch Commissioners, with Papers inclosed, were read. (Here enter them.)

Letter to the Emperor of Russia.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms a Draught of a Letter to be sent to the Emperor of Russia.

Ordinance concerning Hull.

The Ordinance concerning Hull was read Twice, and committed to these Lords following:

Comes Manchester.
Comes Lyncolne.
Comes Suffolke.
L. Viscount Say & Seale.
Comes Warwicke.
Ds. Robertes.
Ds. Wharton.
Ds. Howard.
Ds. Bruce.

Any Three, to meet this Afternoon, and when else after they please.

Ordinance to dissolve County Committees.

Ordered, That the Earl of Essex, Earl of Stamford, and the Lord Willoughby, be added to the Committee for putting down of Committees; and to bring in an Ordinance between this and Monday next.

List of the Forces to be made out.

Ordered, That it is referred to the Committee of both Kingdoms, to prepare, with what convenient Speed they can, a List of all the Forces both in the several Armies and Garrisons of this Kingdom.

Ordered, That the Lord North do signify to the Committee of the associated Counties, that they return to this House a List of what Forces are in or belonging to the associated Counties.

L. Valentia and Sir P. Manwaring.

Ordered, That the Lord of Valentia's Business shall be taken into Consideration To-morrow.

Propositions for a Peace.

Ordered, That the Propositions shall be taken into Consideration To-morrow Morning.

Porter and Sackvile to be reconciled.

Ordered, That it is referred to the Earl of Essex and the Lord Willoughby, to compose and end the Disferences between Major General Porter and Captain Sackvile.

Colonel Killegrew to export Horses.

Ordered, That Lieutenant Colonel Killegrew shall have a Pass, to transport Two Horses into Holland.

Hooper's Order.

The Order for Fifty Pounds to Captain Hooper, was read, and Agreed to. (Here enter it.)

Harlewyn's Order.

The Order for Thirty Pounds to Mr. Harlewyn, was read, and Agreed to. (Here enter it.)

Banbury Messenger's Order revoked.

Ordered, That the Order for Twenty Pounds formerly made, to the Messenger that was supposed to bring the News of the Taking of Banbury, is hereby revoked.

Private Business put off.

Ordered, That no Private Business shall be dispatched in this House, until the Public Business now depending in this House be dispatched.

Order to clear Sir Tho. Wilbraham of his Delinquency.

"Whereas Sir Thomas Wilbraham, of Woodhey, in the County of Chester, Baronet, hath by both Houses of Parliament been admitted unto his Fine of Two Thousand Five Hundred Pounds, for that he assisted the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Sir Thomas Wilbraham, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits from the Day of the Payment of the said Fine, with an Exception of the Right or Estate of the said Sir Thomas Wilbraham in or to all Advowsons, Presentations, or Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Sir Thomas Wilbraham from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid: and that in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord God 1640, then the said Sir Thomas Wilbraham shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Order for 50£. for Captain Hooper.

"Ordered, by the Lords and Commons assembled in Parliament, That Fifty Pounds be bestowed upon Captain Hooper, the Engineer employed in the Taking of Banbury Castle, as a Gratuity; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the same accordingly."

Order for 30£. to Mr. Harlewyn.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Thirty Pounds be bestowed upon Mr. Samuell Harlewyn, the Messenger that brought the News of the Surrender of Banbury Castle; and that the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall do pay unto him the said Thirty Pounds accordingly."

Letter from Dantzick, for Payment of Money to Smart, for Provisions sent to Ireland.

Most Illustrious, Most Honourable, Most Worshipful, our Most Honoured Lords, Sirs, and Gentlemen, &c.

"We doubt not but your Lordships do yet remember how our worthy Citizen Thomas Smart, being induced and assured by the Public Faith and Proclamation of the Most Renowned Two Houses of the Parliament of England, in July, 1643, sent a Ship laden with Wheat and Corn, from this Port, into Ireland, for the Subvention and Relief of the then most afflicted Protestants at Dublin, Ferrigfergus, Youghall, and Londonderry, delivering the same Goods (by Contract of Sale) unto Robert Lawes and William Coles; from whom he received Two Certificates or Bills, the one for One Thousand Pounds Sterling, Six Shillings, Eight Pence, and the other for Two Hundred Forty Pounds, and Fifteen Shillings, upon the Faith of the said Two Most Renowned Houses of Parliament; both which Certificates being there exhibited, were by both Houses acknowledged and accepted, and sure Payment thereupon promised within Thirty Days, according to an Order printed and published at London, as our said Citizen affirms.

"Now although, by (fn. 1) a Factor of his, he sent our former Letters of Mediation for furthering this Business, both in the Year 1644 and again 1645, and ever did continually solicit the same, and humbly sued for the Payment of this Debt; yet nevertheless hath he obtained no more (as he assureth us) than only some Orders or Attestations, signed by the Committee appointed for Foreign Affairs, directed to the Committee for Irish Affairs, where he received new Promises of his desired Payment; which latter Committee notwithstanding did after neither willingly lend Ear, nor give any Hope of Satisfaction.

"All which, tending to his great Loss and Ruin, with many redoubled sad Complaints and Lamentations, he represented unto us; requesting us once again, by our reiterated Intercession, to recommend unto your Lordships and Worships the Equity of his most reasonable and just Request.

"Now although both his godly Compassion and charitable Care and Readiness to succour the most afflicted Irish Protestants, and likewise the Public Faith given by the Most Excellent Parliament, should sufficiently have assured our said Citizen of the Payment of his Debt; yet nevertheless, being confident of the Justice and Good-will of your Most Illustrious Lordships and Worships, we do here again, with repeated Intreaties and all possible Respect, most seriously desire, that the Bearer hereof, our said Citizen (who to get what is due to him would himself undertake this Voyage), may without further Delay (and according to many former Promises) now at length receive his full Due, Satisfaction and Payment, and withall this further Favour, as the Grant of a Pass, whereby he may freely transport himself to Exceter, Sunderland, and Newcastle, there to solicit and obtain what may be due unto him.

"Thus your Lordships and Worships (Most Illustrious Lords and Worshipful Sirs) will more and more invite and encourage our Countrymen to contribute all further Assistance and Subvention of all Sorts of Necessaries, and ourselves to shew henceforth most diligently all good Offices on all Occasions to the English Nation; beseeching God most servently with His Eyes of Mercy to look upon the renowned Kingdom of England, ganting peaceful Thoughts to all the Inhabitants thereof, who now most cruelly do mutually destroy the one the other; whereby, this Darkness and Storm of Civil War being driven away, the bright Star of a sweet Calm and Peace may again appear.

"Given at Dantzigk, 16 Januar. 1646.

"Your Most Illustrious Lordships and Worships to all Offices most ready,

"The Bourg-Masters and Council of the City of Dantzigk.

"To the Most Illustrious and Noble Lords, and the Right Worshipful, &c. and Gentlemen, the assembled States in both Houses of the Most Renowned Parliament of the Glorious Kingdom of England, our Most Honourable and Most Honoured and Most Respected Lords, &c."

Letter from the Scots Commissioners, about the Measures taken on the King's coming to Newcastle.

"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.

"Right Honnorable,

"For preventing of Misinformations, wee have thought fitt to acquaint the Honnorable Houses with the Proclamation published by his Excellency the Earle of Leven at Durham, That His Majesty came into Newcastle without any Solemnity; and that none of the Scottish Nation are admitted to come into that Garrison, without a Warrant from the Committee of Estates of that Kingdome; and none of this Nation, unlesse they have a Warrant from the Houses of Parliament, their Commissioners, or the Magistrates of Newcastle.

"The Committee of Estates of the Kingdome of Scotland residing at Edinburgh, upon Notice of His Majesty's comeing to their Army, forthwith emitted a Proclamation, inhibitinge and discharginge all the Subjects, of whatsoever Quality or Degree, to repaire out of the Kingdome without their Warrant, under the Paine of being pursued as Publique Enemyes, as will appeare by the Coppy here inclosed. They have alsoe sent some of their Number to assist the Committee at the Army, with Directions that they proceede with the joynt Advise and Consent of the Commissioners of both Houses, according to the Covenant and Treaty; that they earnestly intreate His Majesty to graunt the joynt Desires of both Kingdomes when they shall bee presented unto Him; and in the mean Tyme, that He graunt noe Tytles of Honnor, Pene sions, or Places, to any of the Subjects of Scotlandand in every Thing els to studdy a faire Correspon-; dence betweene the Kingdomes. Wee are

Worcester House, the 20th of May, 1646.

"Your Lordships Very affectionate Freinds and humble Servaunts,


Proclamation of the Estates of Scotland, inhibiting any Persons from leaving that Kingdom without Warrant.

"At Edinburgh, 8 Maii, 1646.

"The Committee of Estates, takeing to their Consideration the present Condition of the Publique Affaires of this Kingdome, doe finde it necessary, in regard thereof, and for diverse Causes much importing the Advancement of this Cause, and Good and Peace of this Kingdome, that a Restraint bee upon all the Subjects of this Kingdome from goeing out of the same, without Publique Warrant; and for that Effect, the Committee doth Ordaine and Comaund the Lyon Herald, and his Brethren Heralds and Pursevants, to passe to The Markett Crosse at Edinburgh, and there by open Proclamation to commaund, charge, and inhibite, all His Majesty's Subjects, of what Degree and Condition soever they bee, that none of them presume nor take upon hand to goe out of this Kingdome, by Sea or Land, without Warrant of the Committee of Estates, under the Paine to bee pursued and punished as Publique Enemyes, and Contemners of the Publique Orders of the Kingdome; with Power hereby to any Governors of Garrisons, and all Officers, Judges, Magistrates, and others whome it effeirs, to take and apprehend all such Persons as they finde goeinge out of the Kingdome without a Passe as aforesaid; and Ordaines this Restraint to continue till the First Day of June next to come."

E, of Leven's Proclamation, to prevent Persons from coming near his Army who were in Arms against the Parliament.

"By his Excellency the Earle of Leven, Lord Generall of the Scottish Armyes, and with the Advise of the Right Honorable Committee residing with the Army.

"These are strictly to require all Officers and Souldiers under my Comaund, to forbeare to have any Dealing, or entertaine any Correspondence, or beare Company upon the March, or in any of the Quar ters, with any Person whatsoever formerly in Service against the Parliament of England, nor to have the least Compliance with any disaffected thereto; but, upon Notice of their being in the Army, forthwith to signify the same, that they may bee removed: And that wee may bee justifyed in the Integrity of our Intentions, and the better to prevent all Misunderstandinge of our Wayes, it is hereby Declared, That noe such Persons apply themselves to come neere to this Army, but to seperate and depart, untill they give all due Obedience to, and submitt to the Ordinances and Authority of Parliament; certifying them, and every of them, that if, after publishing of these present Orders, they bee found in the Army in Manner abovesaid, they are not to bee protected, but reputed and esteemed as Enemyes, their Persons to beeseizeion, delivered by you (fn. 2) : And hereof all Persons whatsoever are to take speciall Notice, as they shall answere the contrary upon their Perill.

"Dated at Durham, the 13th of May, 1646.

"Signed, Leven.

"For all Officers and Souldiers under my Commaund, and for all other whome these may concerne."


House adjourned till 10a cras.


  • 1. Sic.
  • 2. Deest in Originali.