House of Lords Journal Volume 10: 7 June 1648

DIE Mercurii, 7 die Junii.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

A Paper was reported from Derby House, and was read:

"Die Mercurii, 7 Die Junii, 1648.

Col. Whaley to pursue those in Arms in Essex.

"At the Committee of Lords and Commons, at Derby House.

"Ordered, That the Letter from Colonel Whaley be reported to the Houses; and to desire the Houses to declare their Opinion, whether Colonel Whaley may pursue those in Arms in Essex without the infringing the Ordinance of Indemnity."

Ordered, That this House thinks it fit, that Colonel Whaley do pursue the General's Order; and that the Concurrence of the House of Commons be desired herein.

Message to the H. C. about it; - and with P. Phillip's Pass.

And accordingly a Message was sent down to the House of Commons, by Doctor Heath and Mr. Eltonheade.

Likewise the Pass to Prince Phillip to go beyond the Seas, with his Retinue, was sent to the House of Commons, for their Concurrence therein.

Message from the Assembly, with a Letter to the General Assembly of Scotland.

A Message was brought from the Assembly of Divines, by Mr. Marshall and others; who acquainted the House with the Draught of a Letter, which the Assembly desire they may have Leave to send it to the General Assembly in Scotland, if their Lordships shall approve of it.

The Letter was read, and approved of it; and the House gave Way to have it sent to the Assembly in Scotland. (Here enter it.)

Answer to them.

Mr. Marshall and the rest were called in; and the Speaker gave them Thanks, for their Readiness upon all Occasions; and told them, "That this House had read their Letter, and hath approved of it; and gives Way that they send it to the Assembly in Scotland."

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. An Ordinance for settling the Militia in the County of Cornwall. (Here enter it.)

Agreed to.

2. An Ordinance for settling the Militia in the County of Devon. (Here enter it.)

Agreed to.

3. An Ordinance for Six Thousand Pounds to be paid to Colonel Weldon, for Plymouth, out of the Grand Excise. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Message from the H. C. with a Vote.

A Message was brought from the House of Commons, by Sir John Trevor Knight; who brought up a Vote, wherein they desire their Lordships Concurrence, giving Power to Colonel Whaley to pursue those in Arms in Essex. (Here enter it.)

Agreed to.

Letter from L. Fairfax.

A Letter from the General, concerning preserving the Articles of Oxford, was read. (Here enter it.)

Letter from Col. Jones.

A Letter from Colonel Jones, in Ireland, was read.

Rawleigh versus Vivers, Sir W. Cobb, and Allen.

Upon reading the Petition of George Raleigh, and the Certificate of the Committee at Gouldsmithes Hall; shewing, "That Sir Wm. Cobb, Rob't Vivers, and Allen, have sold the Goods of the Petitioner, who hath compounded for his Delinquency, contrary to the Order of the said Committee:"

It is Ordered, That the said Sir Wm. Cobb, Rob't Vivers, and Allen, shall appear before the Lords in Parliament, within Fourteen Days after Sight of the Order, to shew Cause why they do not give Obedience to the Order of the Committee at Gouldsmithes Hall for Compositions.

Letter from the Assembly to the General Assembly in Scotland.

"Right Honourable, Right Reverend, and Dearly Beloved Brethren in Jesus Christ,

"As we have great Cause to bless God, for the Brotherly Union of these Two Nations, in the common Cause of Religion and Liberty, and for that good Hand of Blessing which hath accompanied the joint Endeavours of both in the Prosecution thereof; so we cannot but be sadly and deeply sensible of those many Obstructions and Difficulties wherewith God in His Wisdom hath seen good to exercise His Servants in both Kingdoms, in the carrying on of that Work wherein they stand so much engaged. Herein He hath clearly manifested His own Power, Wisdom, and Goodness, for our Encouragement to trust Him in the managing of His own Work, and our Inability to effect it of ourselves, thereby to train us up to a more humble and faithful Dependence upon Him to do all, when we by our own Strength and Wisdom can do nothing. Our Perplexities, we must confess, are and have been many; and yet, in the Midst of them all, we cannot but thankfully acknowledge it as a Token for Good, and that which hath been and still is a great Comfort and Refreshing to our Hearts, that God hath given you Wisdom timely to foresee approaching Dangers; but especially to behold, as the Stedfastness of your Faith, in that both formerly you have been, and at present are able, to trust God in Straits, and to appear for Him in greatest Dangers; so your eminent Faithfulness and Integrity, in your firm adhering to your first Principles, and chiefly for your Constancy and Zeal for the Preservation and Prosecution of the solemn League and Covenant, so religiously engaged in by both Kingdoms; in your vigorous Pursuance whereof, with much Thankfulness to God, we are very sensible; more particularly of your steering so steady and even a Course, between the dangerous Rocks of Prophaneness and Malignancy on the one Hand, and of Error, Schism, Heresy, and Blasphemy, on the other; as also of your constant Desires and Endeavours to preserve the Peace and Union between the Two Nations, so nearly and so many Ways united: In all which, we humbly acknowledge the Mercy and Faithfulness of God, in guiding you so graciously hitherto; and, through His Assistance, we shall still be ready to afford you the best Help and Encouragement of our Prayers and Praises to God on your Behalf; having this Confidence, that He, who hath already vouchsafed you and us so many Pledges of His Favour, will in His own Time and Way accomplish His own Work, which so much concerns His own Glory and His People's Good. To His most gracious Protection and Guidance, in these doubtful and dangerous Times, we humbly commend you and all your holy Endeavours; and rest."

Letter from L. Fairfax, desiring an Ordinance to confirm the Articles for Surrender of Oxford.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore, at Westm'r. These present.

"My Lord,

"The many and almost daily Complaints I receive concerning Breaches of Articles, and the importunate Necessity of many that are undone in the Expectation of just Relief, enforces me, from a deep Sense I have of the Parliament's and Army's Honour (which cannot in any Thing suffer more than in the Violation of that Public Faith which stands engaged for the making good all such Capitulations), to make this humble Address to your Lordship; beseeching you (since the Multiplicity of Business in the House of Commons cannot admit of particular Reports, nor a present Consideration of a Mean of Redress, though I have written to the Speaker of that House to endeavour it with them) that you would move your Honourable House, that they would be pleased, both for the Vindication of the Honour of the Parliament and Army, for Expedition in this Business; and that you would be pleased to pass an Ordinance for the Confirmation of the Articles of Oxford, and to appoint a Committee, with Power to hear, determine, and give Relief, in all such Things as shall under my Hand, and by other Proof, clearly appear to be the Engagement of our Public Faith, and you will not only add Honour to yourselves by it, but much engage

"Your Lordship's

Windsor, May 27, 1648.

"Humble Servant,

"T. Fairefax."

Ordinance to settle the Militia of Cornwall.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That these Persons following, (videlicet,) John Lord Roberts, Francis Buller, Hugh Boskawen, John Seintaubin, Thomas Arundell, Francis Godolphin, Edward Herle, John Elliott, John Moyle, Richard Erissey, John Tresusis, Nicholas Tresusis, Thomas Gewen, and John Penrose, Robert Rolle, John Thomas, and Colonel Ceeley, Esquires, shall be Commissioners for the Militia in the County of Cornwall, for the better Securing and Safety of the Parliament and the said County; and shall have Power and Authority, and are hereby authorized, by themselves or any Five or more of them, to put the said County 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 (fn. 1) Commissions under the Hands and Seals of the said Commissioners, or any Seven of them, as often as there shall be Occasion in that Behalf; and shall have Power and Authority, 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 Invasions, Rebellions, and Insurrections whatsoever, that may happen within the County aforesaid, according as the said Commissioners, or any Five of them, shall from Time to Time give Directions, or shall be otherwise directed by the Lords and Commons in Parliament assembled, or the Committee sitting at Derby House; any former Order, Declaration, or other Matter, to the contrary, in any Wise notwithstanding: And for all and every their Doings herein, the said Commissioners, 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: Provided, That no Person or Persons that hath been in Arms against the Two Houses of Parliament, and the Authority thereof, or aiding, assisting, or abetting the Enemies thereof, shall be inlisted or entertained as Officer or Officers, in any such Regiment, Troop, or Company, as by virtue of this Ordinance shall be raised or levied."

Ordinance to settle the Militia of Devon.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That these Persons following, (videlicet,) Phillip Earl of Pembroke and Mountgom'y, John Lord Roberts, Sir John Bamefeild, Sir Francis Drake, Sir John Northcott, Baronets, Sir Nicholas Marten, Sir Edmund Fowell, Sir John Young, Knights, George Chudleigh, Thomas Erle, Wm. Fry, Edmund Prideaux, Arthur Upton, Robert Roll, Hugh Fortescue, John Drake of Ashe, Christopher Savery, Ellize Crimes, Hugh Trevillian, Henry Waldrond, John Harris, William Moris, Esquires, William Fowell, Mr. Carew, Walter Younge, Mr. Boone, Mr. Christofer Marten, Mr. Doddridge, Will'm Pitt, John Beare, John Maynard, John Waddon, Edmund Fowell, John Elford, Robert Shapcott, Charles Vaughan, Esquires, shall be Commissioners for the Militia in the County of Devon, for the better Securing and Safety of the Parliament and the said County; and shall have Power and Authority, and are hereby authorized, by them themselves, or any Five or more of them, to put the said County 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 Commissioners, or any Seven of them, 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, Insurrections, or Invasions, that shall or may happen within the County aforesaid, according as the said Commissioners, or any Five of them, 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 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 Commissioners, 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: Provided, That no Person or Persons that have been in Arms against the Two Houses of Parliament, and the Authority thereof shall be inlisted or entertained as Officer or Officers, in any such Regiment, Troop, or Company, as by virtue of this Ordinance shall be raised or levied."

Ordinance for 6000£. to Co'. Weldon, for Plymouth.

"Be it Ordained, and it is Ordained, by the Lords and Commons assembled in Parliament, That John Foote Alderman of London, and the rest of the Commissioners of the Excise, shall, out of the Moiety of the Receipts of the Grand Excise, in Course, pay unto Colonel Ralph Weldon, or his Assigns, the Sum of Six Thousand Pounds, upon Accompt, with Interest for the same after the Rate of Eight Pounds per Centum per Annum, to be paid every Six Months, until the said Six Thousand Pounds shall be paid, to be issued and paid by the said Colonel Weldon, for the Payment of the Debts owing by the Officers and Soldiers of the Garrison of Plymouth to the poor Inhabitants of the said Town: And the Acquittance or Acquittances of the said Colonel Weldon, or his Assigns, for the said Six Thousand Pounds, with Interest to grow due for the same, shall be a sufficient Discharge to the said Commissioners of Excise, for the Payment thereof."

Col. Whaley to pursue those that continue in Arms in Essex.

Resolved, upon the Question, by the Lords and Commons assembled in Parliament,

"That they do declare, That Colonel Whalley, and all the rest of the Parliament Forces, may pursue those that continue in Arms in Essex against the Parliament; and do order that they do forthwith pursue them, and prosecute their Advantages upon them accordingly."

Governors of Christ's Hospital Petition.

Upon reading of the Petition of the Mayor, Commonalty, and Citizens of the City of London, Governors of Christ's Hospitall:

Ordered, That the Judges, or any Two of them, are to consider of the said Petition, and Orders therein mentioned, and make Report thereof in Writing into this House To-morrow Morning, what they conceive fit to be done in the Matter of Possession desired in the said Petition, that such further Directions may be given therein as shall be meet.

Capt. Dendy, a Protection.

Whereas Captain Edward Dendy hath several Sums of Money to a good Value due unto him, for his Service to the Parliament, but cannot yet receive any Part thereof for satisfying his Creditors as he desireth; and whereas some, intending his great Prejudice, threaten to arrest him (being deserted by his Friends for his Service to the Parliament and disfurnished of Money by reason of his Arrears):

It is Ordered, That Captain Edward Dendy hath hereby the Privilege of this House granted him, to free him from all Arrests for Debt, until the Pleasure of this House be farther signified: And hereof all Sheriffs, Bailiffs, Marshals Men, and all others herein concerned, are to take Notice, and yield Obedience unto this Order, as the contrary will be answered to this House.

Adjourn.

House adjourned till 10^a cras.