House of Lords Journal Volume 8: 10 December 1646

DIE Jovis, 10 a die Decembris.

PRAYERS, by Mr. Tuckney.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance to send Archbishop Bancrost's Books to Cambridge University.

An Ordinance for the disposing all the Books in the Study of Rich. Bancroft, late Archbishop of Canterbury, for the Public Use of the University of Cambridge.

Agreed to, and to be sent to the House of Commons.

Demister Inhabitants Petition.

The Petition of the Inhabitants of the Town of Demister, in the County of Dorsett; to be sent to the House of Commons, with Recommendations, that they may have some Relief towards their great Losses.

Mayor of Dover sent for, about Letters to the French Ambassador being taken away.

The French King's Ambassador complains to this House, of Abuse shewed to the French Courier, in taking away Letters sent to Monsieur Bellieure, under the French King's Seal.

Ordered, To send for the Mayor of Dover, to give an Account what is become of the Letters.

Message to the H. C. for L. Grey to be indemnified for his Losses.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

That whereas formerly this House sent to them, to recommend the Lord Grey to them, that he might have some Consideration towards his Losses; to offer now to them, that he may be allowed something out of the Composition of the Lord Marquis of Hertford, towards the repairing of his Losses.

Message from thence, with Votes about paying the Money due to the Scots, &c.

A Message was brought from the House of Commons, by Sir John Holland, &c.

1. That they made some Votes concerning the Payment of the Money to the Scotts.

2. Some Votes concerning the marching of the Scotts Army out of this Kingdom. (Here enter them.)

Read, and Agreed to.

with an Ordinance;

3. An Ordinance for continuing the Payment of the Garrison (fn. 1) at Dover Castle for Six Months longer. (Here enter it.)

Read, and Agreed to.

and to expedite others.

4. To desire Expedition in the Ordinance for settling the Militia of this Kingdom, and the Ordinances concerning the Propositions.

Answer.

Answer returned was:

That this House agrees to those Votes concerning the Payment of the Money to the Scotts, and to the Ordinance concerning the Garrison of Dover Castle: To all the rest of the Particulars, their Lordships will send an Answer by Messengers of their own.

L. Cromwell and Moyle.

Upon reading the Petition of the Lord Cromwell; shewing, "That Moyle doth refuse to give Obedience to the Order of this (fn. 2) House, in not taking off his Attachment from his Lordship's Money; and that Two Persons more have laid Attachments upon the said Money, being contrary to the Privilege of Parliament."

The said Moyle being called in, he desired his Petition might be read: Which accordingly was done; and he withdrew.

Then the House took the same into Consideration. And it is (fn. 2) Ordered, That the Lord Cromwell do see the Petition; and that the Sense of the House may be made known unto him, "That he doth something for the Relief of the Petitioner, for his Disengagements." And it is Ordered, That all Attachments be taken off from the Lord Cromwell's Money; and if any shall disobey it, that, upon Affidavit made, this House will send for them; and that Moyle be discharged for this Business.

Message from the H. C. with a List of Officers, &c. Widows to be relieved.

A Message was brought from the House of Commons, by Sir Tho. Dacres, &c.

To deliver to their Lordships Three Books, containing a List of the Widows of Officers and Soldiers, with an Order for the paying of them by the Committee of the several Counties, with Proportions concerning the same; and they desire the said Three Books may be presently returned, that so the Order may be put into Execution.

The Order and the Ordinance were read, and Agreed to. (Here enter them.)

The Answer returned was:

Answer.

That this House agrees to (fn. 2) the Order and Proportions for Payment of the Widows, now brought up.

Letters from the K. of Denmark.

Two Letters, translated out of Latin into English, from the King of Denmarke, were read. (Here enter them.)

Ordered, To be sent to the House of Commons.

Letter from Genoa.

Next, a Letter from the State of Genoa, translated into English, was read, and Ordered to be communicated to the House of Commons. (Here enter it.)

Tryon versus Wright, about the Church of Bulwick.

Upon reading the Petition of Moses Tryon: It is Ordered, That Mr. Wright, who is inducted and instituted to the Church of Bulwike, in Com. North'ton, shall have a Copy of this Petition, and return his Answer to this House this Day Sevennight.

Message to the H. C. with Letters from Denmark and Genoa;

A Message was sent to the House of Commons, by Doctor Heath, &c.

1. To deliver to them the Two Letters from the King of Denmark, and the Letter from the State of Genoa.

and about the following Particulars.

2. To desire them to give Expedition to the Ordinance concerning Gouldsmithes Hall, the Want of passing whereof is the Obstruction of much Business.

3. To deliver to them the Ordinance for the Library of Lambeth to be granted to the Public Use of the Library of the University of Cambridge.

4. To desire that the Committee concerning Malignants may meet this Afternoon, at Two of the Clock.

Ordinance concerning the K. I. Co.

Next, the Ordinance concerning the India Company, was read the First Time; and Ordered to be read the Second Time Three or Four Days hence.

Ordinance about the Eastern Association.

The Ordinance for collecting the Arrears in the Eastern Association, was read, and Agreed to.

(Here enter it.)

Preachers at the Fast thanked.

Ordered, That Mr. Herle and Mr. Robertes shall have Thanks returned them for their Sermons Yesterday, and to desire to print their Sermons.

Survey, &c. of the E. of Worcester's Lands.

The Earl of Northumb. reported a Survey, and Two Books of Contracts, from the Committee of the Revenue, of the Earl of Worcester's Lands, for the Use of Mr. Pennoyer and others; which was received into this House.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir John Danvers, &c. who brought up an Ordinance for the sending down the Money to the Scotts Army; and the safe keeping of it in the mean Time.

(Here enter it.)

Read, and Agreed to.

to renew the Committee for the Army;

2. That they had renewed the Committee for the Army, and have appointed them to go to the Committee for the Militia of London, to treat with them what might be best for the present Safety of the Parliament and the City of London; and desire their Lordships Concurrence therein; and to meet as often (fn. 3) as they shall see Cause.

3. An Ordinance concerning no Members of Parliament, to enjoy any sequestered House.

Ordered, To be taken into Consideration this Day Three Weeks.

and about the Committee meeting concerning Delinquents Compositions.

4. Whereas, on Tuesday last, their Lordships sent to desire the Committee for Delinquents might meet, they were then in Business; but they will be ready to meet whensoever their Lordships shall appoint.

Ordered, That the Committee for the Army is renewed; and to go to the Militia of London, as is desired by the House of Commons; and the Earl of Warwicke is added to that Committee, in the Place of the Earl of Bolingbrooke.

The Answer returned was:

Answer.

That this House agrees to the renewing the Committee for the Army, and also to the Ordinance for sending down the Money to Yorke: To all the rest, they will send an Answer by Messengers of their own.

Proposition from the Scots Commissioners about the Payment of 200,000 l. on their Forces marching out of the Kingdom.

"It was once agreed on betwixt your Lordships and us, that the Money should bee brought to Hartlepoole or Stockton; and wee acquainted your Lordships that wee were possitively lymitted thereunto by our Instructions: And it being a Matter wherein your Lordships neede not to differ with us, whether the other Hundred Thousand Pounds remaine at Yorke, or bee brought to Hartlepoole, Stockton, or to the North Side of Tees; to the End there may bee noe Retardment of the Agreement, wee propose, That, after the Receipt of the First Hundred Thousand Pounds, as is expressed in your Lordships Paper, and after the Garrisons of Hartlepoole, Stockton, Duresme, and all other Garrisons and Passes on the South Side of Tyne, are quitted by our Forces, and after that all our Forces are removed to the North Side of Tyne, from which they cannott in a Day and Halfe march over the Bridge to the South Side, there being at this Season noe other Passe upon that River (our Hostages alsoe remaininge still with your Lordships), all which is to bee done within Ten Dayes after the Payment of the First Hundred Thousand Pounds, then the other Hundred Thousand Pounds, soe much thereof as is to bee paid by such Bills of Exchange as the Two Houses of Parliament shall allowe of (excepted), bee brought to the North Side of The Tees; upon Notice whereof, Newcastle and Tyne, together with all Ordnance, Armes, and Ammunition, belonging to the Kingdome of England, shall bee forthwith surrendred to the Forces to bee put in Garrison by the Parliament; which that it may bee done the more speedily, the Forces to bee put in Garrison may march before the Money and Convoy.

"And in respect our Hostages are to remaine with your Lordships untill the Garrisons of Newcastle and Tynmouth bee possessed by your Forces, and not to bee returned to us till a Day after the said Delivery; wee desire that the Hostages to bee given to us, for Assurance that the other Hundred Thousand Pounds shal bee paid to us on the North Side of Newcastle, within a Myle of the Works, bee delivered when our Forces are marching out of, and your Forces are (fn. 4) entering into Newcastle; and upon the Delivery of the said other 100,000l. your Hostages shal bee retourned. Wee doe agree that, upon the comeinge of the Money out of Newcastle, Hostages bee delivered by us to your Lordships, for Assurance that our Army and Forces march out of England, and that Barwicke and Carlisle shal bee slighted, according to the large Treaty, within Ten Dayes after the Payment of the latter 100,000 l.; and for Performance hereof within the Tyme appointed, the Country would bee required to concurre, for slightinge the said Garrisons; and as soone as our Army and Forces are marched out of England, and out of the said Garrisons of Berwicke and Carlisle, wee desire that our Hostages may bee retourned within Fower Dayes, for there are noe Garrisons in Scotland neere the Borders."

Votes concerning this;-for securing the other 200,000l.-and about the And desired by them against the Irish; &c.

"The Lords and Commons do agree to the Substance of this Proposition thus amended, to be an Instruction to the Committee to treat and agree with the Scotts Commissioners upon the same.

"Ordered, That the Committee do confer with the Commissioners of Scotland, That the Two Hundred Thousand Pounds, upon the coming thereof to Yorke, may be forthwith told.

"The Lords and Commons do adhere to the former Vote of both Houses, touching the Public Faith to be given for Security for the last Two Hundred Thousand Pounds to be paid to our Brethren of Scotland, according to the Times formerly limited and appointed; and that the Committee do confer with the Commissioners of Scotland hereupon, and give them Reasons for adhering to this Vote.

"Ordered, That the Committee shall have Power to confer with the Commissioners of Scotland, upon the Aid and Assistance they desire to be given to our Brethren of Scotland, against the Irish Rebels that infest the Kingdom of Scotland; and to receive their Propositions and Desires from them.

"Ordered, That the Committee shall confer with the Scotts Commissioners, concerning the Preservation and Ease of the Country in the Passage of their Army and Forces out of the Kingdom; and that they do pay their Quarters duly upon their Removes and March."

Order for Payment of the Garrison of Dover for Nine Months.

"Whereas there is an Ordinance of Parliament, bearing Date the 23th May, 1646, for the Continuation and Payment of the Garrison of Dover Castle, and Two Forts adjacent, out of the Excise and new Impost in the Town of Dover, the Cinque Ports, and Members in the County of Kent, not exceeding Two Hundred and Sixteen Pounds, Eighteen Shillings, and Eight Pence, per Mensem; and whereas the said Ordinance began to take Effect from the First of May abovementioned, and was thenceforth to be continued for Six Months, which are lately expired; and that the Lords and Commons assembled in Parliament do hold it very necessary and convenient, for the Security and Defence of those Places, that the said Garrisons be continued: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Ordinance of the 23th of May shall remain in full Power and Virtue, for the Payment of the fore-mentioned Garrisons, during the Space and Term of Nine Months from the Time of the Expiration of the said Ordinance."

Order for Payment of Officers and Soldiers.

"Ordered, by the Lords and Commons assembled in Parliament, That the Demands and Pretences of all Officers and Soldiers that have served the Parliament, in any Counties and Garrisons where they have been under the Command and Pay of particular Committees, their Accompts be made up with those Committees for their actual Service, according to Musters; which Committees are to deduct, upon their several Accompts, all Free Quarters, Horse, Arms, Money, and Goods, wherewith such Officers and Soldiers can be charged; which Accompts, so stated, the said respective Committees of such several Counties shall cause to be paid out of such Monies as they have or shall raise by Power and Authority of Ordinances of Parliament enabling them thereunto; and that all such Officers and Soldiers are hereby commanded to forbear their coming up to the City of London under Pretence of stating their Accompts here, but are to repair to the Committees of the respective Counties."

"Proportions presented to both Houses, in Reference to the Demands of the Persons mentioned in the Three Books wherein the said Persons are listed.

"First, for a full Discharge of all whose Demands are under Ten Pounds, to allow as followeth; (videlicet),

"To Two Hundred and Eighty-one Persons, demanding One Thousand Seven Hundred and Thirtyfive Pounds, Six Shillings, and Five Pence-Thirteen Shillings and Four Pence per Pound, except to the Waggoners certified by Mr. Richardson Waggonmaster General, to whom it is thought fit to allow only Eight Shillings per Pound for a full Discharge of those whose Demands are under Ten Pounds.

"For a present Relief, to be paid upon Accompt to those whose Demands are Ten Pounds, or more according to the Propositions following; (videlicet,)

Order for bringing in the Arrears in the Eastern Association.

"Whereas, by Two several Ordinances, of the 3d of September, 1645, and the Sixth of August 1646, Sixteen Months and Seven Days Tax was Ordained to be assessed, collected, and paid, for the Maintenance of the Garrisons of the Eastern Association; and whereas a great Part of the Monies payable by virtue of the said Ordinances is still in Arrear and uncollected, and by Means thereof the Sums of Money still due to the said Garrisons for their Pay during the Time of their Continuance, and to the Inhabitants thereof and of the adjacent Counties for Quarters, are become very great: Now, that the said Arrears may be brought in, and issued forth, according to the true Intent and Meaning of the said Ordinance, be it Ordained, and it is Ordained, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for the Eastern Association, and the Committees of the several Counties mentioned in the said Ordinances, shall have Power, and are hereby authorized, to execute the said several Ordinances, according to the Powers and Authorities to them thereby granted respectively; and the said Committees are hereby ordered to take effectual Care, for the full and speedy assessing, raising, levying, and collecting, of all the said Arrears: And be it Ordained, by the Authority aforesaid, That the said Committee of Lords and Commons for the Eastern Association shall have Power to employ and dispose of all the said Arrears, to the Intents and Purposes of the said several Ordinances, according to the Authority to them hereby granted."

Ordinance for the Treasurers for Sale of Bishops Lands, to send 200,000 l. into the North, for Payment of the Scots.

"Be it Ordained, and it is Ordained, by the Lords and Commons now assembled in Parliament, That whereas Alderman Gibbs, of the City of London, and the rest of the Treasurers for the Sale of Bishops Lands, have received from several Persons, upon the Security of the Ordinance of Parliament in that Behalf, the Sum of Two Hundred Thousand Pounds; that the said Alderman Gibbs and the rest of the said Treasurers shall cause the said Two Hundred Thousand Pounds to be forthwith sent to the City of Yorke, there to be told, and from thence to such Place or Places, and to be issued and paid out unto such Person or Persons, as shall be appointed by Ordinance of both Houses of Parliament; which Ordinance, with the Receipt or Receipts of the Party or Parties to whom the Monies is appointed to be paid, shall be a good and sufficient Discharge to the said Treasurers, their Heirs, Executors, and Administrators, and every of them: And it is also Ordained, by the Authority aforesaid, That whatsoever Casualty shall happen to the said Two Hundred Thousand Pounds, or any Part thereof, upon the Carriage, and conveying thereof unto Yorke, or to any other Place of Payment to be appointed by the Two Houses of Parliament, shall be borne by the Public, and that no Damage shall thereby accrue unto the said Treasurers; and that the whole Charge of conveying the said Two Hundred Thousand Pounds from London unto Yorke, and to any the Places to be appointed as aforesaid, and of the telling, issuing, and paying out the same, shall be likewise borne by the Public: And it is lastly Ordained, by the Authority aforesaid, That the Lord Mayor of Yorke, and all other the Magistrates and Governors of that City, shall be aiding and assisting to the said Treasurers, and every One of them, for the safe keeping of the said Two Hundred Thousand Pounds, during such Time as the same shall remain in the said City, and to appoint and permit or suffer the said Treasurers, and every One of them, their Ministers, Agents, and Servants, to have and possess themselves of any convenient House or Place, Houses or Places, in the said City, for the safe keeping and telling the said Two Hundred Thousand Pounds, as to the said Treasurers, or any One of them, shall seem meet and expedient, during the Time of their said Stay and Abode there, with the said Two Hundred Thousand Pounds, or any Part thereof."

Letter from the King of Denmark, about some Disputes concerning Trade.

"Christian the Fourth, by the Grace of God, of Denmarke, Norway, of the Vandalls and Gothes, King; Duke of Sleswig, Holstein, Stormar, and Ditmarse; Count of Oldenburg and Delmenborst.

"After Our Royal especial Favour and Grace, Illustrious, Right Noble, and Much-respected, Our Sincerely and Well-beloved: Your Deputy, the Wellrespected Richard Jenkes, hath caused your Letters, of the 24 November of the last Year, to be delivered unto Us; by them We have understood that you approved and ratified all that hath been agreed on and concluded, by Our Commissioners on both Sides thereunto appointed, on the 26th April of the said Year 1645; and that you withall desired most earnestly, whereas certain Points both expressed in your Letters, and also more amply exposed by your said Deputy, that therein also we would yield to your Desires.

"Although some Things therein were contrary and damageable to Our Right; yet nevertheless, to testify more clearly how willing and ready We were to favour and further the Trade and Profit of the Inhabitants of your Kingdom, We have given Commission unto some Counsellors of Our Realm, to treat and settle with some Certainty in those Points with your Deputy: What good Success the said Treaty hath had, and how much We have yielded and gone from Our own Right, your said Deputy will best inform you; to whose Prudence and Integrity We leaving it, We commend you to God's Protection.

"Given in Our Castle of Fridericksburg, the Third of June, in the Year 1646.

"Signed, Christianus.

"The Supersciption is,

"To the Illustrious, Noble, Right Honourable, and Well-respected, Our Sincerely and Wellbeloved Lords, the Lords and Commons of the Parliament of England."

Letter from Him, about Sir J. Henderson; and concerning his Interposition to restore Peace here.

"Christian, by the Grace of God, King of Denmarke, Norway, of Vandalls and Gothes; Duke of Sleswicke, Holstein, Stormar, and Dietmarse; Count of Oldenburg and Delmenhorst.

"After Our Royal singular Favour and Grace (or Greeting), Illustrious, Right Honourable, Noble and Well-respected, Sincerely and Well-beloved: By the Letters which in your Name the respected Richard Jenkes hath delivered unto Us, as also by his written Proposition wherewith he hath accompanied your said Letters, We have understood both what did concern the Person of Henderson, and likewise that Our Mediation for the Restitution of the Peace in your Kingdom seemed unto you of little Need or Use at this Time, when yourselves have already sent unto your King some Articles for the re-establishing of Peace. Concerning the former, although We would never undertake the Protection of any Man that hath defiled himself by the Guilt of enormous Transgressions, yet will We say thus much, That the said Henderson (whatsoever he else may be) should have been used more courteously, seeing he there did appear in Our Name: Howsoever, We did yield herein to your Excuses. As for the latter, We did indeed offer unto you Our Interposition, being thereunto induced by no other Reason, but only that We were heartily sorry to see your most flourishing Kingdom (with whose Kings We and Our Predecessors have always kept a firm and sincere Friendship and most strict Alliances) in itself divided, clashing together in Civil Wars, and scarce yet escaping the utter Desolation. If there yourselves, without Our Endeavour, can find and apply a good Remedy for those Evils, we shall be most glad, and with all Our Heart rejoice with you: All which your said Agent can more amply declare unto you; and therefore, much esteeming his Prudence, We will add no more, but that We do heartily wish unto your Kingdom and selves your former blessed Peace and Tranquillity.

"Given at Our Castle at Fridericksburg, 3d June, 1646.

"Signed, Christianus.

"To the Illustrious, Noble, Right Honourable, and Well-respected, Our sincerely and Wellbeloved the Lords and Commons of the Parliament of England."

Letter from Genoa, about the Dispute between Ricault and the E. I. Co.

"Most Mighty Lords,

"Your Most Mighty Lordships Letters have been very agreeable unto us, so that thereby we have gladly taken the Occasion to testify our mutual Inclination and Good-will towards you; for, although our Courts do always endeavour to administer Justice equally unto all Men, yet nevertheless we have thereupon given Order, That the same should be observed more carefully in the Cause betwixt the Governor and Company of London and Peter Ricaut; and that the said Business should be handled, so that neither Party might find their Right to be hindered. And your Most Mighty Lordships may be assured, that we will omit no Opportunity whereby we may be able to shew our ready Offices, according to the ancient Friendship betwixt both Nations, which is to be kept for ever. Mean while we heartily wish from God Almighty all Prosperity to your Most Mighty Lordships.

"Given at Genua, the 8th Day of June, 1646.

"Your Most Mighty Lordships

"Most Officious and Most Addicted,

"The Duke and Governors of the Republic of Genoua.

"The Superscription,

"Jo. Thomas Podnisa, Secretary.

"To the Most Mighty Lords the Peers and Commons of the Parliament of England."

Order to continue the Committee of the Army.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for the Army, to whom it was formerly referred to advise with the Committee of the Militia of London, and to provide for the Safety of the Parliament, City, and Kingdom, be revived to that Purpose; and do meet de Die in Diem, at such Time as they shall think fit, and advise with the Committee of the Militia of London, and according to former Instructions and Power given unto them, that they do take Care and provide for the Safety of the Parliament, City, and Kingdom."

Adjourn.

House adjourned till 10^a cras.