House of Lords Journal Volume 10: 17 June 1648

DIE Saturni, 17 die Junii.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letter from L. Fairfax.

The Earl of Pembrooke reported from Derby House a Letter sent to that Committee from the General; which was read. (Here enter it.)

Answer from the H. C.

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

That they approve of the Three First Results of the Council of War at Warwicke House; and they agree to the Letter to be sent to The States Generall.

(Here enter them.)

And to refer it to the Committee at Derby House, to send a fit Messenger with Instructions.

Mrs. Brown to be released.

Ordered, upon the Petition of Elionor Browne, Wife to George Browne, in the County of Berks, Esquire, That the said Elionor Browne be forthwith set at Liberty out of The New Prison in Clarkenwell, where she now remains; and that the Keeper of that Prison and his Deputy, or other inferior Officers in whose Custody she now is, do yield Obedience hereunto, upon Sight of this Order: And the Concurrence of the House of Commons to be desired herein.

Ly. Mountague, a Pass.

Ordered, That the Lady Mountacue shall have a Pass, with Eight Servants and Two Horses, to go into France; but the Names of the Servants to be brought in.

Commissions to raise Forces for Preservation of Hunt.

An Order was brought, (fn. 1) for referring it to the Committee at Derby House, to grant Commissions to Persons, for raising a Troop of Horse, for Preservation of the County of Huntington, &c.; and ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. about the following Particulars.

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

1. The General's Letter concerning the Isle of Ely.

2. The Order concerning Huntingtonshire.

3. The Lady Greye's Order, and desire their Concurrence therein.

4. To put them in Mind of the Petition of the Reduced Field Officers.

Message from the H. C. with Orders, and an Ordinance, &c.

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

1. An Order to give Power to the Committee at Derby House, to grant Commissions to Colonel Hubbart, to raise Forces, for the Safety of the Isle of Ely.

(Here enter it.)

Agreed to.

2. A Vote against such as shall raise Arms against the Parliament.

3. An Ordinance for Payment of Thirty-five Thousand Pounds to the Marquis of Argyll, and the Heritors of the Shiredom of Argyll. (Here enter it.)

Agreed to.

4. An Order for paying Seven Hundred Ninety-one Pounds to Mrs. Marg'rett Mounsell, &c.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House will take the Vote against such as shall raise Arms against the Parliament into Consideration, and send an Answer by Messengers of their own: To all the rest of the Particulars, this House agrees to them.

Ordinance for 42,000£. for Officers.

The Ordinance for charging the Sum of Forty-two Thousand Pounds, out of the Sequestrations, to be paid to Officers, was read Twice, and ordered to be read again on Monday next.

Vote from the H. C. against those who take up Arms, rejected.

Next, the House took into Consideration the Vote against such as shall raise Arms against the Parliament.

And for the Debate of it, the House was put into a Committee of the whole House during Pleasure.

The House being resumed;

And the said Vote being read again:

And the Question being put, "Whether to agree to this Vote, as it is now brought up from the House of Commons?"

It was Resolved in the Negative, nemine contradicente.

Declaration against those who take up Arms against the Parliament.

Ordered, That these Lords following are appointed to draw a Declaration, to be published to the Kingdom:

To meet presently.

Dr. Odling, Physician to the Army, Petition for Pay.

Upon reading the Petition of Edward Odlinge, Doctor in Physic, who was first employed in the Service of the Parliament for curing of sick Soldiers; desiring "some competent Satisfaction for his Expences and Pains:"

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

Capt. Jessop's Petition, to be released.

Upon reading the Petition of Captain Jessop; complaining, "That he is arrested, and imprisoned in Newgate, for Debt; and desires he may have the Privilege of Parliament for his Releasement, in regard the Parliament owes to him Six Hundred Pounds, for Arrears due to him for the Service to the Parliament:"

It is Ordered, That a Habeas Corpus be forthwith granted, to bring the said Captain John Jessop to this Bar, Corpus cum Causa.

Declaration against those who take up Arms against the Parliament.

The Lord Wharton reported from the Committee the Draught of the Declaration to be published to the Kingdom.

The Votes were read.

And the Question being put, "Whether to agree to these Votes now read?"

It was Resolved in the Affirmative.

Ordered, That these Votes be sent to the House of Commons on Monday Morning, the First Business.

Sheene & al.

Upon the Petition of Nicholas Sheene, Robert Moore, John Butcher, George Stockdaile, William Tracy, James Batton, Jeremy Stowcrs, Thomas Capon, Tho. Batton, Thomas Clarke, John Moore, and John Mulgrave:

Golty's Suit, against Sheene, Moore, & al. for Non-payment of Tithes in Framlingham, stayed.

It is this Day Ordered, That the Suit or Suits of Richard Golty, Rector of Framblingham, in the County of Suffolke, Plaintiff, against the Petitioners Defendants, prosecuted in the King's Bench, against them or some of them, upon the Statute for not setting out of Tithes, shall be stayed, and no farther proceeded in, until the Pleasure of this House be further signified, in regard the Estate of the Earl of Suff. (a Member of this House) is therein concerned, and the Writings that should manifest the said Earl's Title are in the Custody of the Executors and Trustees of Sir Robert Hitcham, who will not part with the same; there being now a Cause depending in this House, between them and the said Earl, touching the Manor of Framblingham aforesaid: And hereof the Counsel, Solicitors, and Attornies of the said Plaintiff are to take Notice, and yield their Obedience hereunto, as they will answer the contrary to this House.

Col. Hubbart to raise Forces for Ely, for Defence of it

"Ordered, by the Lords and Commons assembled in Parliament, That Power be given to the Committee at Derby House, to grant Commissions to Colonel Hubbert, of Well, in the Isle of Ely, to raise Forces, for the Safety and Guard of those Parts."

Order for 35,000£. for the Marq. of Argyle, and Heritors of Argyleshire.

"Whereas the Parliament of Scotland have appointed the Sum of Thirty-five Thousand Pounds to be paid to the Marquis of Argyll, and the Heritors of the Shiredom of Argill, out of the first and readiest of the Second Fifty Thousand Pounds of the last Two Hundred Thousand Pounds of the Four Hundred Thousand Pounds agreed to be paid to the Kingdom of Scotland, in the Articles of Agreement betwixt the Kingdoms, of the 23th of December, 1646; in Pursuance whereof, the Commissioners of the Kingdom of Scotland have agreed, that the Acquittance of the said Marquis of Argyll and the Heritors of that Shiredom, or any having Power from them, shall be a sufficient Discharge to the Kingdom of England of the said Thirty-five Thousand Pounds, Part of the last Two Hundred Thousand Pounds aforementioned; all which, by the Letters of the Commissioners of the Parliament of Scotland, of the Sixth of February, 1647, doth appear: Be it Ordained, by the Lords and Commons assembled in the Parliament of England, and it is hereby Ordained by Authority of the same, That the said Thirty-five Thousand Pounds shall be paid, to the said Marquis of Argyll and the Heritors of the said Shiredom, or their Assigns, out of the first and readiest of the Second Fifty Thousand Pounds of the last Two Hundred Thousand Pounds of the Four Hundred Thousand Pounds agreed to be paid to the Kingdom of Scotland; and that the said Marquis of Argyll and the Heritors of the said Shiredom, or their Assigns, shall be allowed and paid Interest, after the Rate of Eight Pounds per Centum, for the said Thirty-five Thousand Pounds, from the Time the same became due unto the said Kingdom of Scotland, until the same shall be paid unto the said Marquis of Argyll and to the Heritors of the said Shiredom, or their Assigns: And it is hereby further Ordained, That the Acquittance of the said Marquis of Argyll, the Heritors of the said Shiredom, or their Assigns, or any having Power from him or them, of the Receipt of the said Thirtyfive Thousand Pounds, and Interest for the same, or of any Part thereof, shall be a sufficient Discharge to the Kingdom of England, and a sufficient Warrant and Discharge for the Treasurers or others that shall pay the same: Provided always, That the Ordinance sent from the Lords, read and passed in the House of Commons the 5th of this Instant June, 1648, and all other Orders and Ordinances preceding the said Ordinance of the 5th of June aforesaid, appointing the Payment of the said Thirty-five Thousand Pounds to the said Marquis of Argyll and the Heritors of that Shiredom, be and are hereby revoked, annulled, and made of none Effect."

Order for 791£. to Mrs. Mounsells, Arrears due to their late Brother.

"Whereas it appears, by a Certificate from the Committee for the taking the Accompts of the Kingdom, That the Sum of Seven Hundred Ninetyone Pounds is due unto Captain Peter Mounsell, upon his Arrears in the Service of the Parliament: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Sum of Seven Hundred Ninety-one Pounds be paid unto Mrs. Margarett Mounsell Administratrix to her Brother, and Mrs. Mary Mounsell his other Sister, out of such concealed Delinquents Estates as the said Margarett and Mary Mounsell, or either of them, shall discover unto the Committee at Habberdash'rs Hall, or out of the Surplusage of such Estates of Delinquents as have compounded at Gouldsmiths Hall at Under-values, as the said Margarett and Mary Mounsell shall discover as aforesaid: And the said Committee at Habberdash'rs Hall is hereby authorized to receive such Discoveries, and proceed towards such Delinquents and Discoveries in like Manner as in other Cases of the like Nature; and are required to pay the said Sum of Seven Hundred Ninety-one Pounds to the said Margarett and Mary Mounsell, out of such Discoveries accordingly."

Results of the Council of War for reducing the revolted Ships.

"Die Veneris, 16 Junii, 1648.

"At Warwicke House: Present,

"Lord Admiral,

"Resolved, That as great a Fleet as the Parliament shall think fit be provided, with all possible Expedition, for the Safety of the Kingdom, and the Reducing of the Revolters.

"Resolved, That a Letter be written, by the Lord High Admiral, to The Trinity House, to employ their best Endeavours, for the manning of the Ships of such a Fleet with cordial and well-affected Men.

"Resolved, That the Parliament be pleased to make a Promise, by an Ordinance, to those Seamen, both Commanders, Officers, and Mariners, of a Gratuity, suitable to the faithful and good Service they shall do in this Business."

Letter to The States General, &c. about them.

"Ordinibus Generalibas.

"Illustrissimi, Excellentissimi, ac Præpotentes Domini,

"Postquam Naves quædam ab Parliamentariâ Classe nuper defecerunt, earumque Nautæ (posthabitâ Fide & (fn. 2) Officie) À Perduellibus novorum Civilium Motuum cupidis, & in Comitatu Cantii tunc armatis, Spe falsâ Lucri & magnis Promissis illecti & seducti (Navarchi enim sese fideliter ad nos receperunt), tumultuario & perfido Modo vestros Portus petiisse dicuntur: Nos, pro eâ, quæ inter hæc Regna & vestras Provincias semper intercessit, & usque duratura manebit, mutuâ Amicitiâ & Benevolentiâ, Illustrissimas Vestras Excellentias enixè rogatas velimus, ut dictas Parliamenti Naves, & quotquot ex iis ita seductis, sub vestram pervenient Portuum Potestatem, Arresto seu modo quocunque detineatis; novos istos & minimè legitimos Præfectos & Navarchos, ut & Nautas, ab omni Commeatu & Victu prohibeatis, imo in Carcerem & Vincula conjiciatis, atque ita ad debitam Obedientiam seu meritas Pænas dictos & Nautas & Regni hujus Subditos reduci et coërceri sustineatis: Memores ita nostri vestris nuper Navibus in nostris Portubus Defectionem affectantibus præstiti Studii, magnum Justitiæ & Æquitatis; atque summæ firmam & æquam hujus Regni Pacem promovendi Voluntatis; adeoque vestræ in hanc Nationem benevolæ Affectionis Argumentum demonstrabunt Vestræ Præpotentes Excellentiæ; quod de iisdem vicissim demereri omni semper Curâ & Operâ studebimus.

"Dab. ex Palatio Parliamentario Westmonast.

"Illustrissimis & Præpotentibus Vestris Excellentiis

"Omni Studio & Officio addictissimi,

"Proceres & Ordines Communium

"Parliamenti Angliæ."