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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DIE Lunæ, 1 Junii.
Comes Manchester, Speaker.
Letter from the E. of Bristol:
A Letter was read, directed to the Lord Grey of Warke, from the Earl of Bristoll; wherein was inclosed a Petition, which was likewise read.
(Here enter them.)
He may take the Benefit of the Articles for Surrender of Exeter.
Ordered, That a Letter be written to the Earl of Bristoll, to let him know, that this House leaves him to take the Benefit of the Articles of Agreement that were made at the Surrender of Exon, which shall be carefully observed.
Walter's Commission renewed, for examining Witnesses.
Upon reading the Petition of Eliz. Walter: It is Ordered, That it is referred to the Commissioners of the Great Seal of England, to renew the Commission formerly granted her by this House, to the Persons named in the Petition, or to any Two of them; videlicet, Ric'd Pretheroe, George Haward, Henry Bowen, Ric'd Vaughan, John Lloyd, and Lewis Davies.
Paper from Mons. Sabran.
This Day a Paper from Monsieur Sabran, the French Agent, was read, being translated into English.
(Here enter it.)
Master of the Ceremonies to receive the Ambassador from France, on his Landing.
Ordered, That Sir Oliver Fleming, Master of the Ceremonies, shall go down to the Port where the Ambassador intends to land, to see that he hath all Civility used to him, and that none of his Trunks, Letters, or other of his Baggage, be opened or staid; but all Accommodations to be cared for in bringing of them to London: And when this House shall understand that he hath Addresses from the Crown of France to the Parliament, that then this House will give such Directions for his Reception as is fit for a Person of his Quality.
Ld. Pawlett, Leave to come to London, to compound.
Ordered, That the Lord Pawlett, with his own Retinue, shall have a Pass, to come from Exeter to London, about his Composition for his Delinquency.
The Earl of Warwicke reported a Paper from the Committee of the Admiralty, &c. (fn. 1) which was read:
Allowance to be made to Capt. Plunket, for victualing The Discovery Privateer, stationed on the Irish Coast.
"Die Sabbati, 23 Maii, 1646.
"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"Whereas Captain Thomas Plunkett hath been a Petitioner to this Committee, that he may be allowed Four Months, Two Weeks, and Three Days Victuals, for the Ship Discovery, according to the Ordinance of 30 Nov. 1643, she being set forth as a Private Man of War upon that Ordinance, and employed on the Coast of Ireland, for the Space of Ten Months, Two Weeks, and Three Days, beginning the 9th of July, 1645, of which he hath received Victual only for Six Months: Forasmuch as the said Term of the said Ship's Service as a Private Man of War was determined before; his Case of an extraordinary Nature; and for that the Lord Inchequin hath given Testimony of her great Usefulness on the Coast of Ireland, the several Prizes by her taken during her said Employment tending not only to the Weakening of the Rebels, but also to the great Relief of the Protestant Garrisons and Forces in Munster, who, out of the Proceed of the said Prizes, have received the Value of Five Thousand Pounds and upwards; and because this Committee is informed that, out of his Public Affection to the said Protestants Encouragement, he hath much discommodated and streightened himself in his own private Estate, by several Engagements occasioned by that Employment: It is therefore recommended to both Houses of Parliament, that a special Order may be given, for Allowance to be made him for the said Four Months Two Weeks and Three Days Victuals, according to the Purport of the Ordinance of 30 Nov. 1643, over and above the Six Months already allowed him in Part of the said Ten Months, Two Weeks, and Three Days Service."
Ordered, That this House approves of this Report; and that it be sent to the House of Commons for their Concurrence.
Needham, Author of Britannicus, to be bailed.
Ordered, That on Friday next this House will take into Consideration the Pamphlet called "Brittanicus," made by Needham; and that the said Needham shall be bailed in the mean Time, he presenting his Bail Tomorrow to this House.
Raleigh arrested for what he did in the King's Service.
Upon reading the Petition of George Ralegh Esquire; complaining, "That he is arrested, by Robert Vivers and others, upon Actions for what he did when he was in the King's Service."
And it is Ordered, That the House of Commons be put in Mind of that Ordinance which was sent down concerning this Business.
Message from the H. C. about the Ordinance for raising Forces for Ireland;
A Message was brought from the House of Commons, by Sir Anthony Irby Knight:
1. To put their Lordships in Mind of the Ordinance concerning raising of Horse and Foot for the Service of Ireland.
the Vote about the King's Person;
2. To put their Lordships in Mind of the Vote for disposing of the Person of the King, &c.
about Capt. Maissy, &c.
3. To desire an Answer concerning the Business touching Captain Maissey.
and with Orders, &c.
4. To desire Concurrence in these Orders and Ordinances:
1. An Order for Ten Pounds to John Taylor the Messenger.
2. An Ordinance to take off the Sequestration of Mr. Soames.
3. An Ordinance to take off the Sequestration of Inigo Jones.
4. An Ordinance to take off the Sequestration of James Dockwre.
5. An Ordinance to take off the Sequestration of Rob't Betton.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their own.
Capt. Maissy to be bailed.
Ordered, That Captain Maissey shall be bailed, when he shall offer his Bail to this House.
Prynn's Petition, for Damages sustained in the Starchamber.
Upon reading the Petition of Wm. Prynn; desiring this House would take into Consideration what Damages to give him for his Sufferings:"
It is Ordered, That he shall be heard, by his Counsel, on this Day Sevennight, concerning what Damages he hath really suffered; and then this House will take the same into further Consideration.
Ordinance to raise Forces for Ireland.
Ordered, That the Consideration of the Ordinance for raising Horse and Foot for Ireland be referred to these Lords following:
L. Viscount Say & Seale.
Any Four, to meet To-morrow Morning, at Nine a Clock; and to report the same to this House.
Ordered, That the Petition of Rob't Devereux shall be referred to the aforenamed Committee.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer to the Message sent on Saturday last to the House of Commons:
That they have delivered their Message.
Domergue's Petition, for Pay due to him.
Upon reading the Petition of Isaac Domergue, Chirurgeon to the Lord Willoughby's Brigade; shewing, "That there is due unto him, for his Wages, Two Hundred Thirty-three Pounds, and Two Shillings:"
It is Ordered, That it be recommended to the House of Commons.
Capt. Hartwell's Petition, to be freed from an Arrost.
Upon reading the Petition of Captain Hartwell; complaining, "That he, being in the Employment for the Service of Ireland, and many Arrears due to him from the State, is now arrested, whereby he is disabled for doing the State Service:"
It is Ordered, That it be made appear to this House, whether he be arrested upon Mean Process or not; and then this House will give Direction concerning this Business.
The Ordinance for taking off the Sequestration of Mr. Audlie's Estate, was read, and Agreed to.
(Here enter it.)
Letter from the E. of Bristol to Ld. Grey of Wark, to intercede for Leave for him to come to London, to make his Composition:
"My very good Lord,
"The ancient Acquaintance that hath been betwixt us, and the Knowledge you have had of my Proceedings by the Space of many Years, in Spaine, in several Parliaments, and in the North, embolden me to make this Address unto you; especially for that I understand you are, pro Tempore, Speaker of the House of Peers: And I hope you shall find my Petition such as shall give you no Cause of Scruple to present it unto the House.
"By the Articles of the surrendering of Exceter, I had Four Months Time to endeavour to make my Peace and Composition with the Parliament; and in case my Endeavours should prove ineffectual, yet I should then have Leave, and a Pass, to transfer myself beyond the Seas; and although, for soliciting hereof, it was permitted to me to go into any of the Parliament's Quarters, yet I held it a Course of more Respect and Duty to be an humble Suitor unto their Lordships, for their more special Leave and Protection, before I would presume to appear before them; which I beseech your Lordship to procure for me, in case their Lordships shall be pleased to command my Attendance upon them. My Lord, I shall no Way decline the Judgement of that Honourable House, nor deny any Thing that (with Truth) shall be charged upon me; but I should be loth to die, or leave my Country, with so many Prejudices as undeservedly, I find, in Print cast upon me. The adhering to His Majesty, and the serving of Him with Fidelity and Affection, in this most unhappy War, (fn. 2) is (I hope) the single Delinquency that will be proved against me: But to have had any Hand in those Pressures or Corruptions which were the Cause of those Misunderstandings betwixt the King and His People, and consequently of this most unnatural War; to have been an Incendiary either in the Breach of the Pacification with Scotland, or to have had any Part or Hand in the setting of this War on Foot, or (since the Beginning of it) to have been an Instrument of exasperating, either towards the Houses, or any Man's Particular; the contrary will appear, when the Truth shall be known. And as it was always my Care and Practice to do nothing that in the Public might make the Differences wider, so hath it been likewise my Endeavour in my Particular to avoid all Things that I could conceive might raise a further Displeasure in the Houses against me; as, the not pretending to any Place or Office, the not accepting of any Command in the Army, nor any Addition of Title or Honour, bestowed on so many since these Troubles: And finding that, in the Articles sent unto Oxford, my Removal from Court was desired; it is not unknown to some Noble Personages, that I then declared, That I would with the First Opportunity remove all Causes of Difference that might have any Relation to my Person, and so did withdraw myself (with His Majesty's Leave) to mine own House, hoping to have enjoyed a poor retired Life; but by the War was driven into Exceter, where, for the Space of above Two Years, I have continued with all the Privacy was possible for me. But not to trouble your Lordship with too long a Letter, I shall leave all Things of this Kind to their due Time; and shall be an humble Suitor unto your Lordship, for your Help and Assistance, in procuring a favourable Answer to my Petition; and that you will suspend all Prejudice of me and my Proceedings, till I shall have been heard: And so, wishing to your Lordship all Happiness, I recommend your Lordship to God's holy Protection; resting
Exon, 22th of May, 1646.
"Most humble Servant,
His Petition to the House for that Purpose.
"To the Right Honourable the House of Peers.
"The humble Petition of John Earl of Bristoll;
"That, by the (fn. 3) Articles for the surrendering of Exceter, he was so far to enjoy the Benefit of the said Articles as is expressed by the Certificate of General Fairefax (the Copy whereof goeth hereunto annexed); videlicet, That he should be allowed the Space of Four Months, to endeavour to make his Peace and Composition with the Houses of Parliament; and in case his Endeavours should prove ineffectual, yet it should be lawful for him to transport himself into any Part beyond the Seas, and to have a Pass to that Purpose; and in the Interim he might repair into any of the Parliament's Quarters, and make his Addresses unto the Parliament.
"The said Earl therefore humbly desireth, That he may have Leave of the Parliament to wait upon them, and to endeavour, according to the Articles (as far as he may), to give them Satisfaction; and when he shall have received so much Favour and Justice as to have been heard, he shall not decline what the Parliament shall therein order concerning him; and in case, for the present, they shall not judge it a fitting Season for his Attendance upon them, that he may in the Interim have their Protection, to live quietly at any of his Houses, until it shall please them to command his Appearance before them, which he will punctually obey; and in the mean Time will engage his Honour, neither by Act nor Correspondence to do any Thing in Prejudice of the Parliament.
"And the further most humble Desire of the said Earl is, That this his Petition may be presented to the Honourable House of Commons in such Manner and Way as to their Lordships in their Wisdoms shall seem most fit.
"And he shall pray, &c.
His Pass from Sir T. Fairfax.
"Suffer the Bearer hereof, the Earl of Bristoll (who was in the City of Exceter, and is to have the Benefit of the Articles agreed unto by me at the Time of the Surrendering thereof), with his Family and Goods, to pass quietly into any Part of this Kingdom in the Parliament's Quarters; and to enjoy and dispose of all his and their Goods, Debts, and Moveables, allowed by the Treaty, during the Space of Four Months next after the 9th of this Instant April, without any Interruption or Molestation; and if he shall not make any Composition with the Parliament during that Time, and shall be resolved to go beyond the Seas, then, within the said Four Months, to go into any Part beyond the Seas.
"Given under my Hand and Seal, 13th of April, 1646.
"To all Officers and Soldiers under my Command, and to all others whom these may concern."
Paper from Mons. Sabran, concerning the Ambassador Extraordinary who is coming from France.
"Sir Oliver Fleming, Master of Ceremonies, having, at my Instance, acquainted the Lords and Commons of the Right Honourable Parliament of England, that Their Most Christian Majesties (to omit nothing of what may depend of Their Care and good Offices in these present Affairs, and to testify the Continuance of Their earnest Desires for the Welfare and Repose of this State) have acquainted me with the Election and speedy Departure of Monsieur De Belieure, as Extraordinary Ambassador for England, hath desired, in the Parliament's Name, to be informed of me, whether the Deputation was to them, and whether he should bring Letters of Credence from Their Majesties: I have assured him, that, by the Orders I received from Their Majesties for to treat with them, and to acknowledge them for what they are, as it hath often appeared by Letters which I have shown from Their Majesties, they ought not to doubt of any Thing that may be expected from Their Majesties to their Content. This is all I can say, without encroaching upon the Charge of the said Lord Ambassador, whom I expect hourly; for whom I hope from the Right Honourable Parliament of England an honourable Correspondence, suitable to the Dignity he bears, and to so favourable an Ambassage of One of his Worth."
Ordinance to take off Mr. Audley's Sequestration.
"Whereas Robert Audley, of Northell, in the County of Bedford, Gentleman, hath by both Houses of Parliament been admitted to the Fine of Two Hundred Pounds, for that he hath been in Arms 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 Robert Audley, 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 Particulars thereof made and entered with the Committee at Gouldsmiths Hall, London, and of all Mean Profits, from the 7th Day of March, 1645, with an Exception of the Right or Estate of the said Robert Audley in or to all Advowsons, Presentations, and 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 Robert Audley from a 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Robert Audley shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."
House adjourned till 9a cras.