House of Lords Journal Volume 10: 12 May 1648

DIE Veneris, 12 die Maii.

PRAYERS, by Dr. Chambers.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Dr. Bennett and Dr. Aylett return with this Answer from the House of Commons:

That they agree to the Ordinance for settling the Militia of the County of Gloucester, &c. with the Proviso sent down from this House: (Here enter it.) To the rest of the Particulars, they will send an Answer by Messengers of their own.

Wollascot to be favoured in her Composition.

A Petition of Katherine Wollascott, read.

Ordered, That the Petitioner be recommended to Goldsmiths Hall, to afford her a favourable Composition; and the Concurrence of the House of Commons is to be desired herein.

Wiseman and Roper.

Ordered, That Mr. Raph Wiseman shall have Liberty to take out the Demurrer he hath formerly put into this House to Henry Roper's Petition, and shall put in his Answer thereunto forthwith.

Message from the H. C. with a Letter from Col. Horton;-for a Thanksgiving for his Victory;- with Instructions, &c. for the Commissioners in Scotland;-and with an Ordinance.

A Message brought up, by Major General Skippon & al. from H. C.

1. A Letter brought up from Colonel Horton, and read.

2. An Order to have Wednesday next a Day of Thanksgiving, for the Victory in South Wales.

3. A Letter to the Parliament of Scotland, with Instructions to the Commissioners now remaining in Scotland.

Read; to which Answer given, That they will send Answer by Messengers of their own.

4. Instructions to the Commissioners in Scotland, which were sent to the House of Commons Yesterday, brought up, with some Amendments. (Here enter.)

Agreed unto.

5. An Ordinance for the Reimbursement of the Commissioners for the Customs of Twenty Thousand Pounds, formerly laid out for the Use of the Navy.

(Here enter.)

Agreed unto.

Letter from the P. Elector:

A Letter from the Prince Elector, brought in, and read.

P. Philip to have 1000 of the Prisoners lately taken;

Ordered, To be sent down to the House of Commons, That Prince Philip shall have a Thousand Soldiers of those which are taken in Wales by Colonel Horton; he giving good Security for the landing of them in Italy.

and Sir J. Bannaton.

The like to be sent to H. C. That Sir James Bannaton may have as many of the same Soldiers, he giving good Security for their landing in Italy.

Message from the H.C. to pass the Ordinance for Jenkins's Attainder.

A Message brought from H. C. by Sir Henry Mildmay:

Where they desired the Lords to pass the Ordinance against Mr. David Jenkins, which is appointed on Tuesday next to be taken into Consideration.

Ordered, That the Earl of Stanford do bring in an Order to this House To-morrow Morning, for the Explanation of a former Order.

Riggs's Cause.

A Report of Mr. Justice Bacon and Mr. Baron Atkins, in Riggs's Cause. (Here enter it.)

Ordered, That Order be brought, according to the Tenor of the Report into this House.

Lucy Paulet and the E. of Bedford.

A Petition of Lucy Powlett, Daughter to Henry Lord Powlet, read; and Ordered, That the Earl of Bedford shall have a Sight of the Petition, and put in his Answer on Wednesday next.

Marsh, Sheriff of Camb. to reside out of the County.

An Order for Tho. Marsh Esquire, High Sheriff of Cambridge and Hunt. to have a Dispensation of his Residence within the said Counties.

Agreed unto.

Sir O. Lake & al. and Edbrooke & al.

A Report of Dr. Benett and Mr. Eltonhead, in the Cause between Sir Oliver Lake Knight & al. Plaintiffs and Rob't Edbrooke & al. about Costs Taxing:

And a Petition of Sir Oliver Lake's read.

Ordered, That Sir Oliv'r Lake & al. Plaintiffs shall pay One Hundred Pounds, whereof Forty Pounds shall be paid to Edbrook and the rest, Prisoners and Desendants, for Costs; and th' other Sixty Pounds to be paid for Fees and Charges to the Gentleman Usher, and Fees to the Clerk of Parliament and others who have Right thereunto.

Stephens's Petition.

A Petition of Henry Stephen Merchant, read.

Ordered, To be sent to the House of Commons.

Dowe and Savory.

Ordered, That the Cause between Wm. Dowe Plaintiff, and Bartholmew Savory Defendant, shall be argued, at this Bar, on the 31th of this Instant May, at Ten of the Clock in the Morning: The Parties then to attend.

Col Horton's Letter to the Speaker of the H. C. with an Account of his Victory over Gen. Langhorne's Forces in S. Wales.

For the Right Honourable William Lenthall Esquire, Speaker of the Honourable House of Commons.

"SIR,

"After many tedious, hungry, and wet Marches, over the steep and craggy Mountains, it pleased God that we were engaged with the Enemy, who accounted themselves near Eight Thousand Horse and Foot, upon Morning the 8th of this Instant, betwixt St. Fagon's and Peterstowne; where, after a sharp Dispute for near Two Hours, it pleased the Lord mightily to appear for us, in giving the Enemy a total Rout: The Particulars thereof I shall within a short Time at large present you with. There are many slain of the Enemy upon the Place, and in the Pursuit for Seven Miles. We cannot yet hear of One of our Officers slain, and but few of the Soldiers; but we lost many Horses. I guess the Prisoners which are taken to be Three Thousand. We have taken all their Foot Arms and Ammunition, which is good Store. Major General Stradling is taken, with many Officers and Gentlemen, and many Colours. It pleased God wonderfully to strengthen and raise up the Spirits of our Officers and Soldiers. Our Word was, "God is our Strength;" and truly we found Him so to be, and desire the sole Glory may be given to Him, and ourselves looked upon as weak Instruments in His Hand, and amongst whom, as I am, so I desire to be accounted; who am, Sir,

"Your most humble and faithful Servant,

In the Field, May 8th, 1648.

"Tho. Horton.

"I have sent Major Bethell and Major Mercer, to give the Honourable Houses a more full Account of this Day's Mercy."

Instructions to the Commissioners in Scotland, about the Surprizal of Berwick and Carlisle; and Ld. Fairfax's marching into the North.

"The Lords and Commons in Parliament assembled do approve of the Paper of the Second of May, put in to the Parliament of Scotland by you their Commissioners, upon the Occasion of the Surprizal of Berwicke and Carlile by some English, who have been in Arms against both Kingdoms and the Cause they were joined in; and do direct you to repeat and enlarge your Demands, in reference to that Business, with all Earnestness, until you shall have a satisfactory Answer thereunto.

"You are likewise, in the Name of both Houses, to give Notice to the Parliament of Scotland, or any Committee or Commissioners authorized by them, that the Lord Fairefax hath Command from the Houses, to march with Forces into the Northern Counties of this Kingdom, for the suppressing of those which are now in Arms against this Kingdom, and for the removing of them, according to the Treaties, who have possessed Barwicke and Carlile contrary thereunto.

"You are farther to assure the Parliament of Scotland, or their Committees or Commissioners lawfully authorized, and you have hereby Authority to engage the Faith of the Kingdom of England, That the employing and sending of these or any other Forces, to the more remote Northern Parts of this Kingdom, is not with the least Intention of any Offence or Prejudice to the Kingdom of Scotland, or in the least Manner to disturb the Peace and Quiet of that Kingdom, but for the Suppression of the said Traitors and Rebels now in Arms against the Houses, and the keeping of the Northern Counties in Obedience to the Parliament of England, and protecting of such as have been faithful to the Cause which both Kingdoms are and have been engaged in."

Order for a Thanksgiving for Col. Horton's Victory, in S. Wales.

"Resolved, by the Lords and Commons in Parliament assembled, That Wednesday next be appointed for a Day of Public Thanksgiving to Almighty God, for His great Mercy and Blessing, in giving so great and seasonable a Victory to the Parliament's Forces, under the Command of Colonel Horton, over all the Forces of the Enemy in South Wales, on Monday the 8th of this Instant May, 1648; to be observed within the City of London and Liberties thereof, late Lines of Communication, and Weekly Bills of Mortality; and that the Lord Mayor be desired to give timely Notice hereof to all the Ministers within the Places aforesaid."

Ordinance to reimburse the Commissioners of the Customs 20,000 l. advanced by them for the Service of the Navy.

"Whereas Samuell Avery and Christopher Packs, Aldermen of the City of London, Richard Bateman, Charles Lloyd, and Walter Boothby, of the said City, Merchants, Commissioners for the Customs, having heretofore advanced to the State, by Way of Loan, upon the Credit of the Customs, for the Service of the Navy, the Sum of One Hundred and Twelve Thousand Pounds, as by an Ordinance of both Houses of Parliament, bearing Date the 25th Day of December last past, appeareth (Part whereof is only satis fied); and being lately, by Direction of several Orders of the Commons House of Parliament, by the Committee of the Lords and Commons for the Navy and Customs, made acquainted that the continued and present Wants of the Navy do necessarily require a further Supply of Monies to be advanced for carrying on the said Service, they the said Commissioners have made known unto the said Committee their Readiness to advance unto the State, by Way of Loan, a further Sum of Twenty Thousand Pounds, for the present carrying on of the said Service: Which being accepted by both Houses, it is thereupon Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners shall, and they the said Commissioners are hereby enabled, by Way of Defalcation, out of the One Moiety of the Receipts of the Customs, by the said Ordinance of the 25th of December last appointed to them for their Reimbursement, as the same shall arise, from and after such Time as they the said Commissioners shall, out of the said Moiety, be reimbursed the Sum of Fiftytwo Thousand Pounds, Part of the said Sum of One Hundred and Twelve Thousand Pounds in the said Ordinance of the 25th of December last mentioned, in such Sort as by the said Ordinance is directed, to reimburse unto themselves the said Sum of Twenty Thousand Pounds now by them to be advanced and lent as is aforesaid, with Interest for the Forbearance thereof, after the Rate of Eight Pounds per Cent. pro Anno (to be accounted from the Time of the Lending thereof), for so long Time as the same, or any Part thereof, shall be forborn: And this Ordinance to be unto the Committee for auditing the general Accompts of the Kingdom, and all other Auditors of Accompts, a sufficient Warrant for the Allowance thereof upon the Accompts of the said Commissioners for the Customs."

Riggs's Cause, concerning the Manor of Fareham.

"May it please your Lordships,

"According to several Orders of your Lordships, of December the 31th and January 29th last, we have considered of the Matters thereby referred to us; and we do find, that, in the 33th Year of the late Queen Elizabeth, Thomas late Bishop of Winton demised the Site of the Manor of Fareham, in the Petition mentioned, to Ralph Riggs the Elder, for the Lives of Thomas, Robert, and Ralph, his Sons; since which Time, the same continued in the Possession of him while he lived, and of his Sons after his Death; and that, about August, 1641, as appears by Affidavit of Richard Peare Esquire hereto annexed, Ralph Riggs and Robert, Two of the said Sons of the said Ralph the Elder, being then living, and interessed in the said former Lease, the said Ralph the Son agrees with Walter then Bishop of Winton, to surrender the said Lease, and to take a new Lease to himself, for the Lives of Thomas and Ogle his Sons, and Robert the Son of the said Robert Riggs; and Three Hundred Pounds, Part of the Fine, was about that Time by him paid, and Bond for Fifty Pounds more was given, and since paid: And we find that afterwards, the 24th of March, 1641, the said last Bishop, reciting the former Lease made 33 Eliz. and that the said Ralph and Robert, Sons of the said First Lessee, had surrendered the said former Lease, the Bishop made a new Lease to the said Ralph Riggs, according to the said former Agreement; Ralph Riggs since mortgaged the Premises, for One Thousand Pounds, to Margery One of the Petitioners. The Ordinance of Parliament, being made 9 Octobr. 1646, does declare all Leases made by Bishops since First December, 1641, to be void.

"So that, unless the Honourable Houses of Parliament shall please to help the Petitioners, the Estate which was contracted for, and Money paid for it as aforesaid, before December, 1641, not being executed till March following, is by the Ordinance made void.

"The Remedy (if your Lordships shall hold the Petitioners fit for Relief) is, That it be provided by particular Ordinance of Parliament, that the Estate granted to Ralph Riggs, in 1641, as aforesaid, and all Interests derived from the same, be made good, as if the said Ordinance of the 9th of October, 1646, had not been made.

"Dated this 20th April, 1648.

"Francis Bacon. Edw. Atkins."

Ordinance to settle the Militia of the Counties of Gloucester, Monmouth, Brecon, &c.

"Be it Ordained, and it is Ordained, by the Lords and Commons assembled in Parliament, That these Persons following; videlicet,

"For the County of Gloucester;

"William Lord Viscount Say & Seale, James Fiennis Esquire, Sir John Seymour Knight, Nathaniell Stephens, Edward Stephens, John Stephens, Thomas Hodges, Thomas Pury, Esquires, Sir Giles Overbury Knight, William Leigh, Richard Aylworth, Job Deighton, John Barnard, Esquires, Robert Waterworth Gentleman, Silvanus Wood, John Fetiplace, Robert Oldsworth, Esquires, Richard Stephens, Stephen Fowler, Gentlemen, Thomas Escourt, Wm. Sheppard, John Coddrington, Samuell Coddrington, Thomas Stephens, William Stafford, Mathew Huntley, Anthony Kingscote, Richard Yate, William Cooke, Thomas James, Esquires, James Hawkins Gentleman, Wm. Browne Esquire, Colonel John Barrow, Colonel Robert Kirle, Lieutenant Colonel Daniell Dobbins, and George Ken Esquire:

"For the City and County of the City of Gloucester;

"The Mayor, Recorder, and Sheriffs of the City of Glouc. for the Time being, John Brewster, Wm. Singl'ton, Wm. Capell, Thomas Hill, Thomas Pury, Dennis Wise, Luke Nurse, John Maddox, Henry Cugley, James Stephens, Aldermen, John Lenthall, John Dorney, Robert Kyrle, John Hanbury, Silvanus Wood, Wm. Sheppard, Evan Soiza, Esquires, and Thomas Pury Junior, Gentleman:

"For the County of Monmouth;

"Phillip Earl of Pembrooke and Mountgom'y, John Herbert Esquire, Sir Trevor Williams Baronet, Thomas Morgan, Colonel Wm. Herbert, Henry Herbert, Wm. Morgan, Edmond Morgan, Colonel Thomas Herbert, Colonel Thomas Hughes, Thomas Pury Junior, Wm. Jones, Wm. Baker, Henry Baker, John Parry, John Walter, Christopher Katchmey, Wm. Blethinge, John Hanbury, Roger Williams, Wm. Packer, and Rice Williams, Esquires:

"For the County of Brecon;

"Howell Gwyn of Lanbraine, John Walbeife, Edward Ramsey, Edmond Games, Thomas Lewis, Thomas Williams, Thomas Price, William Watkins, and Lewis Jones, Esquires:

"For the County of Glamorgan;

"Phillip Earl of Pembrooke and Mountgom'y, Phillip Lord Herbert, Algernon Sidney, Walter Strickland, Bussey Mansell, Edward Prichard, Michaell Ouldsworth, Evan Soyse, Humphry Windham, Thomas Carne, Colonel William Herbert, Edward Stradling, Colonel Phillip Jones, John Herbert, Thomas Spencer, Richard Jones, John Price, and Rowland Dawkins, Esquires;

"Shall be Committees for the Militia respectively, in the several and respective Counties of Gloucester and Monmouth, the City and County of the City of Gloucester, Brecon, and Glamorgan, for the better Securing and Safety of the Parliament and the said Counties; and shall have Power and Authority, and are hereby authorized, by themselves or any Three of them, in the said several Counties and Places respectively, to put the said Counties and Places into a Posture of Defence, and to raise Forces, Horse and Foot, and them to list, arm, and exercise, and to form them into Regiments, Troops, and Companies, and them to muster, array, and weapon, from Time to Time, in Places fit for that Purpose, and to appoint over them Colonels, Captains, and other Officers, from Time to Time, by Commissions under the Hands and Seals of the said several and respective Committees, or any Seven of them, in the respective Counties aforesaid, as often as there shall be Occasion in that Behalf; and shall have Power, and are hereby authorized, by themselves or their said Commanders and Officers, to lead, conduct, and employ, the said Persons, arrayed and weaponed, for the Suppression of all Rebellions and Insurrections that shall or may happen within the Counties and Places aforesaid, according as the said Committees respectively shall from Time to Time give Directions, or shall be otherwise directed from Time to Time by the Lords and Commons in Parliament assembled, or by the Committee sitting at Derby House; any former Order, Declaration, or other Matter, to the contrary hereof, in any Wise notwithstanding: And for all and every their Doings herein, the said respective Committees, and all and every the said Person and Persons, shall be saved harmless and indemnified by the Authority of Parliament.

"Provided, That this Ordinance, and every Thing therein contained, shall continue for the Space of Six Months, and no longer."

Adjourn.

House adjourned till 10^a cras.