House of Lords Journal Volume 10: 10 June 1648

DIE Lunæ, 10 die Junii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

L. Maynard's Privilege, in Bowel's Suit.

The Earl of Kent, One of the Commissioners of the Great Seal, acquainted the House, "That the Commissioners of the Great Seal have written a Letter to the Lord Maynard, to answer a Bill in Chancery, at the Suit of one Bowell; and his Lordship stands upon his Privilege of a Peer of this Land, and a Member of Parliament."

Which the Commissioners thought fit to acquaint this House withal.

Hereupon this House allowed the Lord Maynard his Privilege of Parliament.

Wortham, a Servant of the King's, protected by L. Maynard.

The Earl of Kent further informed the House, That the Lord Maynard hath granted a Protection to one Mr. Wortham, who is a Pensioner, and so the King's Servant."

But, upon some Question whether the Protection ought to be allowed, in regard it was alledged "that he was not a menial Servant to the Lord Maynard:"

But the Lord Maynard declaring, "That he hath employed the said Mr. Wortham about Business of his:"

The House Ordered, That the Consideration of the Business be referred to the Committee for Privileges; who are to report their Opinions thereupon to this House this Day Sevennight.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir John Hippesley Knight, &c.; who brought up these Particulars, wherein their Lordships Concurrence is desired:

The Answer returned was:

Answer.

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

Message from the H. C. with Orders and Ordinances.

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

The Answer returned was:

Answer.

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

E. of Thanet and Sir T. Pelham, about Lands in Sussex.

Upon reading the Petition of John Earl of Thanett; shewing, "That Rob't Saxpee and Thomas Brigden, and others, Servants and Farmers of the said Earl's Lands in the County of Sussex, have of late been attached and restrained, by the Bailiff of the Rape of Pemsey in the said County, and one Wm. Croxton, by virtue of Attachments out of His Majesty's Court of Chancery, for Not-payment of some Arrears of Rent-charge pretended to be due out of the said Lands, by Force of a pretended Decree out of the said Court of Chancery; which Decree, the said Earl is advised by his Counsel, is of no Force against him and his said Lands; and he conceiveth the said Proceedings to be a Breach of his Privilege of Peerage: Therefore desireth that this House would take the Premises into Consideration, and afford him the Privilege of this House, for Stay of the said Proceedings; and that his Servants and Tenants may be freed from any Attachments, until such Time there be a Review of the Cause before the Commissioners in Chancery, which shall be prosecuted forthwith."

Hereupon it is Ordered, That the Consideration of this Business be referred to the Committee of Privileges, who are to report their Opinion to this House; and that Sir Thomas Pellham shall have a Copy of this Petition.

Paper in Behalf of Col. Temple.

The Lord Viscount Say & Seale reported a Paper from the Committee at Derby House, concerning the good Service and great Sufferings of Colonel Temple.

Which being read; it is Ordered, To be sent to the House of Commons, with special Recommendations for his good Service. (Here enter it.)

Col. Herbert's Petition, for his Arrears.

A Petition of Colonel Herbert, was read; desiring, some Consideration may be had of his Arrears:"

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

Message from the Assembly, approving of Launce to be Minister of St. Edmond the King:

A Message was brought from the Assembly of Divines, by Mr. Whitaker and others, who brought a Resolution of the Assembly, concerning Mr. Launce to be Minister of Edmond's Lumber Streete: (Here enter it.)

Dissents there against it.

It was also said at Bar, by Mr. Whitaker, "That there were some Dissents entered in the Assembly, when this passed there."

It is Ordered, That this House will, this Day Sevennight, hear the Matter of Fact which is objected against Mr. Launce; and also what he can say for his own Defence.

Ordinance to confirm the Articles for Surrender of Oxford.

Next, the House was adjourned into a Committee of the whole House, to consider of the Ordinance for better observing the Articles made at the surrendering of Oxford.

The House being resumed;

The said Ordinance was committed to these (fn. 1) Lords following:

Any Six; to meet To-morrow Morning, at Nine of the Clock, in the Lord Keeper's Lodgings.

Message to the H. C. with Col. Temple's Narrative;- Col. Herbert's Petition;- and with Pardons for Prisoners.

A Message was sent to the House of Commons, by Mr. Eltonhead and Mr. Hakewill, with these Particulars:

1. To deliver to them the Narrative of Colonel Temple, and recommend his good Services to them.

2. To deliver to them the Petition of Colonel Herbert, with Recommendations.

3. These General Pardons:

1. For the Western Circuit.

2. For the Midland Circuit.

3. For Mr. Job Throckmorton.

Answer.

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

That they have delivered all the Particulars which were delivered to them; and they will return an Answer by Messengers of their own.

Ellis to be instituted to Atwick.

Ordered, That Dr. Aylett give Institution and Induction unto Thomas Ellis Clerk, Master of Arts, to the Vicarage of Atwicke, in Com. Yorke, void by Resignation; salvo Jure cujuscunque: Granted by the Great Seal.

Prentice versus Freere, in Error.

Ordered, That the Cause between Jo. Prentice Plaintiff, and Jo. Freere Defendant, upon a Writ of Error depending in this House, shall be argued, at this Bar, on the 26th of this Instant June, at Ten: And hereof the Parties are to have Notice, to attend by their Counsel accordingly.

Order for Payment of Arrears due to Officers of Cumberland.

"Whereas there is due unto Colonel Thomas Barwis One Thousand Two Hundred Six Pounds, Two Shillings, Six Pence; unto Captain Francis Briscoe, Five Hundred Eight Pounds, Twelve Shillings, Six Pence; unto Captain Henry Fetherston, Three Hundred Fifty-three Pounds, One Shilling Two Pence; unto Captain John Briscoe, Two Hundred Twenty-nine Pounds, One Shilling; unto Captain Thomas Ewbancke, Two Hundred Sixty-eight Pounds, Nineteen Shillings; and unto Lieutenant Richard Uriell, Two Hundred Nineteen Pounds, Ten Shillings; in all, Two Thousand Seven Hundred Eighty-five Pounds, Six Shillings Two Pence, for the Arrears of their respective Entertainments in the Services of the Parliament, all Deductions and Allowances being already made: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Sum of Two Thousand Seven Hundred Eighty-five Pounds, Six Shillings, Two Pence, be, and hereby is, charged upon the Receipts of the Grand Excise (not otherwise engaged), in Course; and the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Two Thousand Seven Hundred Eighty-five Pounds, Six Shillings, Two Pence, out of the Excise, in Course, severally and respectively, according to the several respective Proportions thereof to them severally due as aforesaid, or unto their several and respective Administrators and Assigns: And the Receipt and Receipts of the abovesaid Officers, their Executors, Administrators, and Assigns, respectively, shall be a sufficient Discharge to the Commissioners of Excise for the Time being, in that Behalf."

Order for a Collection for Relief of Torrington.

"Ordered, by the Lords and Commons assembled in Parliament, That a Grant be prepared, and that the Commissioners of the Great Seal be hereby authorized and required to pass the same under the Great Seal, to the Mayor, Aldermen, and Common Council, of the Town of Greate Torrington, in the County of Devon, for a general Collection of the Charity of well-disposed People, through all the Counties of England and Dominion of Wales, for Reparation of the Great Church of the said Town, which was utterly demolished by the Enemies Firing thereof with their Magazine of Powder, to the Value of Six Thousand Pounds at least; which the Inhabitants, by reason of the Miseries of the late War, and Ruin of the said Town, are no Way able to repair."

Order for 30£. to Mr. Crow, for bringing up Sir T. Payton and Swan from Bury.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Thirty Pounds be paid unto Mr. Crowe, the Messenger that brought Sir Thomas Peyton and Mr. William Swan from Bury St. Edmonds, to defray his Expences in that Service; and for carrying Sir Thomas Payton Prisoner to Windsor Castle; by Order of the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall: And the Care hereof is more particularly and especially recommended to Mr. Gourdon."

Madrin to be Sheriff of Carmarthen.

"The Lords and Commons assembled in Parliament do nominate and approve of Thomas Madrin Esquire, to be Sheriff of the County of Carnarvon; and that the Commissioners of the Great Seal for the Time being do grant him forth a Commission for being High Sheriff accordingly."

Order for 20£. to Mosse, from Tenby; and 10£. to Williams, from Maidstone.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Messe, the Messenger that brought the Letter of good News of the taking of Tenby Castle, have the Sum of Twenty Pounds bestowed upon him, by Order of the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall."

"Ordered, by the Lords and Commons assembled in Parliament, That Ten Pounds be given to John Williams, the Messenger that brought the Letter from the General to Mr. Speaker; and Twenty Pounds amongst the rest of the Messengers that brought the Intelligence of the Victory at Maidstone; the said Sums to be charged upon Habberdashers Hall."

Committee at Derby House to take Care of Anglesey and N. Wales.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee at Derby House, to consider of and take some fitting Course, for the Safety of the Isle of Anglesey and the Counties of North Wales, by impowering them to raise Forces, and put themselves into a Posture for their own Defence, and for the Preservation and Peace of those Counties; and to give Commissions for such Forces as shall be raised."

Ordinance for Hawkins to be Commissary General of Provisions for Ireland.

"Whereas the Honourable Phillip Lord Viscount Lisle, by the Authority of Parliament, under the Great Seal of England, as Lieutenant General of the Kingdom of Ireland, and General of the Forces there, did, by Commission bearing Date the 24th Day of November, 1646, constitute and appoint Wm. Hawkins Commissary General of the Victuals for the Kingdom of Ireland; and whereas the due and faithful Execution of the said Commission is great Advantage to the State: The Lords and Commons in Parliament assembled, taking the same into Consideration, as also the constant Fidelity of the said Wm. Hawkins to the Public, more especially the Affairs of Ireland, do ordain, and be it Ordained by this present Parliament, That the foresaid Commission, and the Instructions therewith given, and directed to the said William Hawkins, shall continue and remain in full Force and Authority; and all Mayors, Sheriffs, Justices of the Peace, Vice Admirals, Bailiffs, Constables, Headboroughs, and all other His Majesty's Officers and Ministers, and loving Subjects, in the Kingdom of Ireland, are hereby required and commanded to help, aid, and assist, the said Wm. Hawkins, his Deputy, Sub-commissaries, and all other his Under Officers, in the Execution thereof, as they and every of them will answer the contrary at their Perils: Always Provided notwithstanding, That the said Wm. Hawkins, from the Date of this Ordinance, shall receive his own Allowance, which by the Establishment is Twenty Shillings a Day, by Lands and Houses in the Kingdom of Ireland, at such Time, and in such Manner, as both Houses of Parliament shall order, for satisfying the Arrears of the Officers of that Kingdom; and shall, out of the Five Shillings a Day which is also allowed for Two Clerks, maintain One Clerk in the Province of Connaught."

Col. Temple recommended by the Committee at Derby House:

"Die Veneris, 9 Junii, 1648.

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

"Ordered, That the Paper here presented, concerning the good Service and great Sufferings of Colonel Temple, be reported and effectually recommended to both Houses.

"Ex'r. Gualter Frost, Secretary."

His Narrative concerning L. Inchiquin's Proceedings, from whom he lately escaped.

"To the Right Honourable the Committee of Lords and Commons, sitting at Darby House.

"Colonel Edmond Temple, having lately made an Escape out of his Confinement under the Lord Inchiquin, in the Province of Munster, in Ireland, humbly remonstrates this Narrative to your Lordships, this 23th of May, 1648.

"May it please your Lordships,

"Since the Parliament of England sent for Major General Stirling from Ireland, I have observed the Lord Inchiqueene to have discountenanced all those that have acted cordially for the Parliament's Interest, where he had Power, in the Kingdom of Ireland; and upon his Receipt then of the Order for Major General Sterling to be sent into England, he had expressed a very great Discontent, and vowed, "That if Sterlinge went, he would go too," and had resolved not to send him at all; which I am confident he would not have done, if Colonel Gray, myself, and others, had not stirred to use our Interest to have the Parliament's Order obeyed. But finding that it made a very great Discontent amongst his Officers, fearing lest it should make a Mutiny in the Army, he at last yielded (through Fear); he let him go; and the rather, by reason of some Letters which he had received from Major General Jephson, sent to his Lordship, myself, and other Officers, to advise his Lordship and us to send him with all Speed. But my Lord declared such Disaffection to the Parliament, that Major Doyly, my Lord's own Major of Horse, told me he would pistol Lieutenant Colonel Beecher, the Officer employed from the Parliament, if it were not prejudicial to my Lord's Honour; which I had reason to believe, because my Lord would never question the Report, when his Lordship had Advertisement of what was told me.

"Though it pleased God to give us a very great Victory against the Irish Rebels at a late Fight in November last; yet since, I have very much mistrusted his Lordship's Fidelity to the Parliament; for he sent away his Brother Christo. O Bryan on his Parole (who was taken a Rebel actually in Arms, and sent away a little before that Fight in November); and divers Messengers being often (if not daily) employed between them; and by Letters from the Supreme Council, taken in my Lord Taff's Cabinet after the Fight, it appeared that he gave constant Intelligence; which Letters coming to my Hand, I shewed to my Lord, who told me that Sir William Fenton knew of that Business formerly: But Sir William Fenton disclaims the Knowledge thereof.

"Also my Lord did (fn. 2) not only refuse to trust those that had ever declared themselves faithful to the Parliament; but advanced many, that had served the King against the Parliament, to greater Commands than formerly they had, or were thought capable of. And the Parliament's Friends were so near Destruction, that, had I observed the Commands which Sir Peirce Smith pretended my Lord sent me (which I did till I had a just Cause to suspect some Design), the Day had probably been quite lost, and we destroyed by the Rebels; for, when I was in a very good Posture with my Right Wing against the Enemy's Left, I was commanded away just against the Enemy's Body of Foot, leaving the Enemy's Left Wing without any to oppose them; which they no sooner perceived, but sent down a Regiment of Foot, which forced me to a Retreat, and had disordered, if not routed me, had it not been for some few Foot which I had with me, which I sent into a little Fort, to oppose the Enemy's Foot, while I retreated to my former Ground. In the mean Time, that Wing where my Lord was, which Sir William Bridges commanded, was routed; and he himself came from the Left Wing to the Right, only with his Boy, saying, "The Day was lost;" not knowing what (fn. 3) became of me, for I was gone out of Sight after the Enemy, who refused to stand any Charge with their Horse, after they saw they could not break with their Foot. And although my Lord was pleased to cause a Narrative to be drawn, to take all the Honour of that Day's Victory to himself; and I not knowing the contrary then, I sent Abstracts to some in England thereof; yet, after Conference with the Officers, I could not find that he had that Day engaged against the Enemy at all, in any Place becoming a General.

"As for my Commitment, the greatest Reason which I suppose induced my Lord to it was, that, since the coming over of one Colonel Barry, a great Papist and Friend to the Marquis of Ormond, who hath been very active in this Cessation, I have laboured with all Diligence to find out the Designs then acting, that I might the better be enabled to give a true Account thereof to the Parliament of England; and having received my Pass from my Lord to this Kingdom, his Lordship thought my coming over might be prejudicial to him, finding that Sir William Fenton, myself, and other Officers, saw too far into their wicked Designs; presently caused Articles to be exhibited against us, merely to obstruct us, not permitting us to have any Liberty of speaking or writing to any that were well-affected to the Parliament; neither would he ever suffer me to come to a Trial, although I often petitioned by myself and by divers Field Officers, wherein I desired my Lord to consider, that it tended to my absolute Ruin, to be at so great a Charge as to keep Nine Servants and Thirteen Horses, not having any Thing but what I had of my own Personal Estate in England to subsist with, not having received above Three Days Pay in Twelve Months Service.

"But my Lord, instead of assisting me, gave Order for the seizing of my Horses, Arms, Quarters (which I had provided with no small Charge to myself), and all other Things belonging to me, keeping several of my Servants Prisoners; and, as I was credibly informed, proffered to dispose of my Command, without ever letting me come to a Trial, as he had done to Lieutenant Colonel Fare and others. I was also informed, that he threatened to use me worse than the Parliament durst Major General Sterling.

"Upon his utter renouncing the Parliament, and declaring against them as Enemies, making the Rebels his chiefest Friends and Subsistence, and his discountenancing all honest Men; fearing my Life either by his or the Rebels wicked Designs, I chose rather to hazard my Life in making an Escape (although I had a very strict Guard), to make my Application to the Parliament of England, the Fountain of Justice, than to be at the Mercy of those that have broken their Trust with the Parliament, or ever served against them as professed Enemies; protesting to your Lordships, as hitherto I have ventured my Life and Fortune for the Defence of the Parliament, so I shall (at all Times) continue to serve them with my best Interest; humbly desiring, that the Parliament will be pleased to consider my Sufferings and great Losses for my Affections to serve them, and to grant me such Subsistence, whereby I may be enabled to proceed to the real Resolutions, whereby I am ready to lay down my Life in the Defence and Vindication of the Parliament."

Message from the Assembly, approving of Launce to be Minister of St. Edmond the King, Lombard Street.

"To the Right Honourable the House of Peers.

"The Assembly, having received an Order from your Honours, desiring them to examine Mr. Wm. Launce, Minister of the Word, concerning his Fitness to officiate the Cure of the Parish Church of Edmond Lumbard streete, London, do hereby certify your Honours, That this Assembly having heard Mr. Launce's humble voluntary Confession of his former Miscarriages, and having read his Papers, signed with his own Hand, wherein he professeth that the Iniquity of the Times swayed him, and that through the Corruption all his (fn. 4) Heart he was transported to do those Things for which since he hath condemned himself, and cried to God for Mercy to pardon those Faults and Failings, and that his Heart for these Miscarriages is laid lower than his Words can express; and also having read his Promises, that he resolves, by the Assistance of Almighty God, to join with his Brethren, in promoting God's Glory, the orthodox Faith, and the Peace of the Church, and that beseecheth that these several Acknowledgements of his many Faults may be taken as true Evidences of his being otherwise minded than he was: Upon these Reasons, this Assembly approve him for the Cure abovesaid.

June the 9th, 1648.

"Charles Herle, Prolocutor.
Wm. Gouge, Assessor.
Henry Roborough, Scriba."

Adjourn.

House adjourned till 10^a cras.