House of Lords Journal Volume 9: 17 January 1648

Pages 663-665

Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Lunæ, 17 die Januarii.

PRAYERS, by Mr. Langley.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kent.
Comes Warwicke.
Comes Mulgrave.
Comes Salisbury.
Ds. Grey.
Ds. Mountagu.
Ds. Wharton.
Ds. La Warr.
Ds. Howard.

Votes to prevent further Application to the King.

Mr. Baron Atkins and Mr. Serjeant Fynch return with this Answer:

That the House of Commons agrees to the Preamble to the Votes. (Here enter the Preamble, with the Votes.)

E. of Loudon's Son, a Pass.

Ordered, That the Son of the Lord Chancellor of Scotland shall have a Pass, to go into France, with Servants.

Answer from the H. C.

Doctor Heath and Mr. Page return with this Answer from the House of Commons:

That they agree to the Ordinance concerning the building the Church of Taunton Deane. (Here enter it.)

To all the rest, they will send an Answer by Messengers of their own.

Dr. Hill's Ordinance to be Master of Trin. Col.

The Order for a Patent to be prepared for Doctor Hill, to be Master of Trynity Colledge, was read, and Agreed to. (Here enter it.)

King's Attendants Petition, for an Allowance.

A Petition from those Persons that were sent by both Houses to attend the King, was read; desiring "to have some Allowance for their said Attendance."

It is Ordered, To be sent down to the House of Commons, with Recommendations.

Flood, High Constable of Westminster, sent for, for disobeying the Militia Committees Orders there.

Upon reading the Petition of the Militia of Westm. complaining of "the great Disobedience that Robert Flood, High Constable, hath given to their Orders, which were in Pursuance of the Ordinance of Parliament:"

It is Ordered, That the said Robert Flood shall forthwith appear before this House, to answer the same.

Examination concerning Lylburn's procuring Persons to sign The Engagement of the People.

Upon Information to this House, "That Lieutenant Colonel Lylburne hath been at Watford, endeavouring to seduce the People there to subscribe to "The Engagement of the People;" of which Business one Mr. John Fynch the Younger, of Watford, can give further Information:"

It is Ordered, That the Clerk of the Parliament do write a Letter to the said Mr. Fynch, in the Name of this House, to desire him to attend this House on Wednesday Morning next: And it is further Ordered, That the Lieutenant of The Tower of London do attend this House To-morrow Morning, to give an Account why Lieutenant Colonel Lylbourne (fn. 1) hath such Liberty to go abroad.

Order to issue Money received for Ireland.

The Order for Money to be paid, that is or shall come in upon the Ordinance of the 5th of December, 1647, concerning Ireland, was read, with an Alteration; and Agreed to, and Ordered to be sent to the House of Commons, for their Concurrence therein.

Committee to consider of Papers, &c. from the Scots Commissioners unanswered.

A Letter from the Scotts Commissioners was read; and these Lords following were appointed Committees, to consider what Papers and Letters of the Scotts Commissioners do remain unanswered, and report the same to this House:

Comes Kent.
Comes Manchester.
Comes Salisbury.
Comes Warwicke.
Comes Mulgrave.
Ds. Wharton.
Ds. Grey.
Ds. Howard.

Any Three; to meet To-morrow, at Nine a Clock.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Mr. John Ash; who brought up these Particulars, wherein they desire their Lordships Concurrence:

1. An Order for printing the Preamble and Resolutions passed concerning the King. (Here enter it.)

Agreed to, upon the Question.

2. An Order to add Commissioners for the City of Bath. (Here enter it.)

Read, and Agreed to.

The Answer returned was:


That this House (fn. 2) agrees to the Particulars now brought up.

Declaration from Sir T. Fairfax and the Council of War:

Sir Hardresse Waller, and divers other Officers of the Army, presented a Declaration to this House, from the General and the Council of War, and the whole Army; which was publicly read, as follows.

(Here enter the Declaration.)

And then they withdrew.

And the House taking the same into Consideration; Ordered, That the said Officers should be called in again.

Which being done, the Speaker returned them this Answer, in the Name of the House; (videlicet,)

Answer to it:


The Lords receive with great Satisfaction this Declaration, which you have presented unto them as the unanimous Engagement of the Council of War. And they have commanded me to return particular Thanks to the General and yourselves; and by you they desire their Thanks may be returned to the Council of War and the whole Army. And they further have commanded me to assure you, That, as they have hazarded their Lives and Fortunes in the Maintenance of the true Religion and the Liberties of the Kingdom, and Privileges of Parliament, according to our former solemn Engagements, and for the procuring a just and safe Peace to this distracted and distressed Kingdom; so they shall still pursue those Ends, from which no Respects whatsoever shall either alienate their Hearts or lessen their Endeavours."

To be published.

Ordered, That this Declaration, and this Answer to it, shall be printed and published.

Earl of Rutland, Leave to be absent.

Ordered, That the Earl of Rutland hath Leave to go into the Country.

Votes to prevent any further Application to the King.

The Lords and Commons assembled in Parliament, after many Addresses to His Majesty for the preventing and ending this unnatural War raised by Him against His Parliament and Kingdom, having lately sent Four Bills to His Majesty, which did contain only Matter of Safety and Security to the Parliament and Kingdom, referring the Composure of all other Differences to a Personal Treaty with His Majesty; and having received an absolute Negative; do hold themselves obliged to use their utmost Endeavours, speedily to settle the present Government in such a Way as may bring the greatest Security to this Kingdom, in the Enjoyment of the Laws and Liberties thereof; and in order thereunto, and that the Houses may receive no Delays nor Interruptions in so great and necessary a Work, they have taken these Resolutions, and passed these Votes:

Resolved, upon the Question,

That the Lords and Commons do declare, That they will make no further Addresses or Applications to the King.

Resolved, &c. by the Lords and Commons assembled in Parliament,

That no Application or Address be made to the King, by any Person whatsoever, without the Leave of both Houses.

Resolved, &c. by the Lords and Commons assembled in Parliament,

That the Person or Persons that shall make Breach of this Order shall incur the Penalties of High Treason.

Resolved, &c.

That the Lords and Commons do declare, That they will receive no more any Message from the King; and do enjoin, that no Person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament, or to any other Person."

Declaration of Sir T. Fairfax, and the Council of War, that they will maintain the Rights and Privileges of the Peers.

"The General and his Council of War, taking Notice of some unworthy Endeavours to asperse the Integrity of their Proceedings, as aiming at the Overthrowing of Peerage, and Undermining of the Rights and Privileges of the House of Peers, do unanimously declare, That they hold themselves obliged, in Justice and Honour, to endeavour (fn. 3) and preserve the Peerage of this Kingdom, with the just Rights belonging to the House of Peers, and will really in their Places and Callings perform the same: And as in the First Place they look upon the carrying on of this great common Cause wherein both Houses of Parliament stand engaged (which they hope no respect shall make them to desert), so shall they, to and in the Prosecution of those Public Ends, be very careful to preserve and maintain the Rights and Honour belonging to the Places and Persons of the Peerage of England.

By the Appointment of his Excellency Sir Thomas Fairefax, and his Council of War.

Windsor, January 9th, 1647.

Jo. Rushworth."

Doctor Hill to be Master of Trinity College.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Solicitor General do prepare a Patent, to pass the Great Seal, for making Doctor Thomas Hill Master of Trinity Colledge; and that the Commissioners of the Great Seal be hereby authorized to pass the said Grant, so prepared, under the Great Seal, accordingly."

Order for printing the Votes, &c. to prevent further Application to the King.

"Ordered, by the Lords and Commons in Parliament assembled, That this Declaration and these Resolutions be forthwith printed and published; and that the several Knights of the Shires and Burgesses, that serve for the several Towns and Places, do send Copies of the same to the several Counties and Places: It is further Ordered, That whatsoever Person shall act contrary to this Declaration and Resolutions of Parliament, or shall incite or encourage others so to do, shall, upon due Proof thereof, be imprisoned, and his Estate sequestered; and the Offenders in the Premises, after Publication hereof, shall be within the several Ordinances of Sequestration: And all Committees and Commissioners of Sequestrations are hereby authorized and required to take Notice hereof, and to proceed to Sequestration accordingly."

Commissioners for the Monthly Assessments for Bath.

"The Lords and Commons assembled in Parliament do order, That the Mayor for the Time being, Mr. John Attwood, Mr. Thomas Burford, Mr. John Biggs, Mr. Mathew Clift Alderman, Mr. John Parker, and Mr. John Piers, be added as Commissioners for the City of Bath, in the Ordinance for the Monthly Assessment of the Sixty Thousand Pounds."

Ordinance for a Church, &c. and Parsonage-house to be built at Taynton.

"Whereas it appears, by Information of the Minister, Churchwardens, and other Inhabitants, of the Parish of Taynton, in the County of Gloucester, as also by an Order and Certificate made at the General Quarter Sessions of the Peace holden for the County of Gloucester, upon Tuesday next after the Feast of The Epiphany, 22° Carol. Regis, That the Parish Church and Chancel of Taynton aforesaid, with the Minister's Dwelling-house, and all Outhouses thereunto belonging, were most barbarously, maliciously, and totally, burned down to the Ground, by one Captain Wiffin and his Soldiers, Enemies to the Parliament, within few Days after raising of the late Siege of Gloucester, whereby the said Minister of God's Word and the said Inhabitants have no Place of Resort to partake of God's Ordinances; and the said Minister is deprived of House and Harbour, for himself, his Wife, and Children, the whole Maintenance of a Preaching Minister there being worth but about Sixty Pounds per Annum: And whereas the former Church was inconveniently built, at the remotest End of the said Parish, distant from the greatest Part of the said Parishioners at least a Mile or Two: The Lords and Commons, taking the Premises into Consideration, do hereby Ordain and Declare, That, according to the Desires and Petition of the said Minister and Parishioners of Taynton aforesaid, it shall and may be lawful for them, or any of them, to build and erect, or cause to be built and erected, a Church, with the Appurtenances, and a Dwelling-house for the Minister and his Family, and to place and build the said Church upon Parcel of Glebe Land lying near about the nighest of the said Parish, bounded on the East and South Side with the Lands of Thomas Pury Esquire, and upon the North Side with the Lands of Alexand'r Westerdaile Gentleman, and on the West Side with the Highway leading to the City of Gloucester; and to set out and inclose such a competent Proportion of the said Parcel of Glebe Land, for a Burial Place and Church Yard, as to the said Minister and Churchwardens of the said Parish of Taynton for the Time being shall seem most requisite and convenient."

Letter from the Scots Commissioners, that they are going Home.

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

Right Honnorable,

Wee have here for diverse Yeares bin imployed, in Pursuance of the Ends of the solemne League and Covenant, and of the Treatyes betwixt the Two Kingdomes; where, according to their mutuall Ingagements, wee have constantly indeavored to preserve a right Understanding betwixt them. Wee have, in Discharge of the Trust committed to us, given in to both Houses what wee are warranted to offer unto them. And now, that wee may give an Accompt to the Parliament of Scotland, wee are to begin our Journey within Two or Three Dayes; whereof wee thought fitt to give Notice to both the Honnorable Houses of Parliament: And if they shall be pleased to addresse any Thing by us to that Kingdome, it shall be represented with all Fidelity and Respect. Wee are

Worcester House, the 17th of January, 1648 / 7.

Your Lordship's
Humble Servaunts,
Charles Erskine.
Hew Kennedy.
Ro. Barclay."

Osborne to be instituted to Westwoodhay.

Ordered, &c. That Doctor Heath give Institution and Induction unto John Osborne Clerk, Master of Arts, to the Rectory of the Parish Church of Westwoodhay, in Com. Berks, void by Resignation; salvo; &c.: Charles Havler Clerk, Patron.


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