House of Lords Journal Volume 10: 19 June 1648

DIE Lunæ, 19 Junii.

PRAYERS, by Dr. Smith.

Domini præsentes:

Comes Manchest'r, Speaker.

Letters to The States Gen. &c.

Two Letters brought in, to be sent to The States Generall and The States of Zeland; read, and Agreed to, and to be sent to the House of Commons for their Concurrence.

Col. Russel, Governor of Guernsey, to go there.

A Report was read, from Derby House, concerning sending Colonel Russell, Governor of the Isle of Guernsey, to his Charge there. (Here enter it.)

And this House approved of it, and ordered to be sent to the House of Commons for their Concurrence.

Capt. Bowen's Petition.

A Petition of Captain John Bowen, was read; and ordered to be sent to the House of Commons, with Recommendations.

Message to the H. C. with it;—with Letters to The States Gen. &c.;—for Col. Russel to go to Guernsey ;—and with the Declaration against taking up Arms.

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

1. The Two Letters to be sent to The States Generall and States of Zealand, and desire their Concurrence therein.

2. To deliver to them the Report concerning sending the Governor of Guernsey to his Charge speedily, and desire their Concurrence therein.

3. To deliver to them the Declaration passed on Saturday last, to be published to the Kingdom.

4. To deliver to them the Petition of Captain Bowen, with Recommendations.

Declaration that Osborn may appear with Safety, to make good his Allegations.

A Letter and a Paper from Richard Osborne, was read.

And in regard there is no Place mentioned in the Letter, whereby it cannot appear where the said Osborne is; it is Ordered, That a Declaration be published by both Houses, to signify, "That the said Osborne may, within Forty Days after the Date hereof, come with Safety to his Person, to make good the Allegations mentioned in the said Letter and Paper, so long as he shall stay here for the Examination and Proof of the Business; and shall have Liberty to depart, without any Molestation, Lett, or Hindrance whatsoever."

And accordingly a Declaration was drawn up, and read; and sent to the House of Commons, for their Concurrence, by Dr. Bennett and Mr. Hakewill.

Ordered, That the Letter and Paper inclosed, from Richard Osborne, be sealed up.

L. Wharton's Proceedings, concerning Osborn's Narrative.

The Lord Wharton declared, upon his Honour, the Narrative concerning Mr. Osborne's Letter sent to his Lordship; and that he sent it to the Governor of the Isle of Wight.

Resolved, upon the Question, That this House is satisfied with what the Lord Wharton hath here said, concerning his Proceedings on the Letter from Mr. Osborne.

Message from the H. C. with an Ordinance and Orders; and about the Sequestration of Gen. Langhern's Estate.

A Message was brought from the House of Commons, by Mr. Waller; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Order for the more speedy and effectual bringing in the Arrears for the Army. (Here enter it.)

Agreed to.

2. An Order concerning the Lady Eliz. Grey.

(Here enter it.)

Agreed to.

3. An Ordinance for sequestering the Estates of Major General Langherne and others. (Here enter it.)

Agreed to.

4. Instructions for the Commissioners for Sequestrations of the Estates of Major General Langherne, &c.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

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

Next, the Ordinance for (fn. 1) charging Forty-two Thousand Pounds upon the Sequestrations, was read the Third Time, and Agreed to. (Here enter it.)

The King and Trigg.

Upon reading the Opinion of the Judges, concerning the Business referred to them between the King and Dr. Trigg:

Hereupon the House Ordered, That this House affirms the Judgement given in the King's Bench.

Letter to Col. Hammond, to prevent Danger to the King.

Ordered, That a Letter be sent to Colonel Hamond, to desire him to have a Care that there be no Design of Danger to the King's Person; and the Speaker to offer a Draught to the House To-morrow Morning.

Ordinance to confirm the Oxford Articles.

The Earl of Mulgrave reported from the Committee, That they have considered of the Ordinance for confirming the Articles of Oxford; and they think it fit to pass, without Alterations."

And being read, was Agreed to.

Ordinance for a Committee to redress Breaches of the Public Faith.

Ordered, That it is referred to the Committee that considered of the Ordinance for confirming the Articles of Oxford, to consider of an Ordinance to give Power to a Committee of both Houses to hear and determine, and give Relief, in all such Things as shall under the Hand of the Lord General, and by other Proof, clearly appear to be the Engagement of the Public Faith.

Launce's Business.

Ordered, That the Business concerning Mr. Launce shall be heard on Wednesday next.

Message to the H. C. with an Ordinance to confirm the Oxford Articles;—and about Dep. Lieutenants for Bucks.

A Message was sent to the House of Commons, by Dr. Bennet and Mr. Hakewill:

1. To deliver to them the Ordinance concerning the confirming the Articles of the Surrender of Oxford, and desire their Concurrence therein.

2. To put them in Mind of the Two Deputy Lieutenants for the County of Bucks.

Answer from the H. C.

Dr. Bennett and Mr. Hakewill return this Answer from the House of Commons:

That they agree to the Ordinance for giving Commissions for raising Two Troops, for the Preservation of the County of Huntingdon: (Here enter it.) To the rest of the Particulars, they will send an Answer by Messengers of their own.

Paynereleased.

Ordered, That Payne, the Keeper of The Marshallsey, shall be released of (fn. 2) his present Restraint, upon Desire of the Earl of Mulgrave.

Grey's Order for 200 l.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers at Gouldsmiths Hall do pay to the Lady Elizabeth Gray, or her Assigns, the full Sum of Two Hundred Pounds, that was assigned her under the Marquis of Ormond's Hand, as Part of that Money which was appointed to be paid unto his Lordship."

Ordinance for 42,000 l. for Officers.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Two † and Forty Thousand Pounds be charged upon the Receipts of the Sequestrations at Guildhall, London; and that the Treasurers and Receivers for the Sequestrations do pay the said Sum of Forty-two Thousand Pounds unto John Pocock, William Greenhill, John Randall, and Richard Hutchinson, Treasurers for maimed Soldiers at Christ Church, or any Two of them, their Assignee or Assigns, whose Acquittance, or the Acquittance of any Two of them, shall be a sufficient Discharge in that Behalf unto the Receivers and Treasurers for the Sequestrations for the Time being; and the said John Pocock, Wm. Greenhill, John Randall, and Richard Hutchinson, or any Two of them, are to issue forth and pay the said Sum to the several Persons contained in a List presented to the House under the Hand of William Potter, and also to the Reduced Officers who have Tickets delivered to them for a Month or Six Weeks Pay, and are contained in a List under the Hand of Richard Wilcox, and to certain other Officers and Soldiers, in a List, who served under the Command of Colonel Sanderson, in such Manner as, from Time to Time, they shall receive Order from the Committee to whom this Business was formerly referred, or any Three of them; and shall also pay such other Sums as shall be appointed by the said Committee, or any Three of them, to such Clerk and other Persons who have prepared the said Lists, or have been employed by the said Committee in the Business aforesaid; and the Order of the said Committee, or any Three of them, shall be, from Time to Time, a sufficient Warrant and Discharge to the said Treasurers at Christ-church, for so much as the said Treasurers, or any Two of them, shall pay as aforesaid thereupon: Provided, That neither this Ordinance, nor any Thing therein contained, shall debar any former Engagement for Payment of any Sum or Sums of Money heretofore granted to any Person or Persons, and charged upon the Sequestrations at Guildhall, by both or either Houses of Parliament: Provided also, That no Officer nor Soldier that is, or hath been, engaged against the Parliament in the late Rebellion and Insurrection, in Kent, Essex, or any other Parts of the Kingdom of England or Dominion of Wales, shall take Benefit by this Ordinance, or receive any Money or Payment by virtue of this Ordinance, although he be by Name particularly expressed in any of the forementioned Lists allowed on by this House; and the Treasurers of Christ Church, and every of them; are hereby authorized and required, by all Ways and Means, to inform themselves, and to discover all such engaged Officers, and to forbear the Payment of them who they shall find to have been engaged as aforesaid, notwithstanding any former Orders or Debentures granted to them, or other Claims to be made by them for the said Pay."

Ordinance for the more speedy bringing in the Assessments for the Army.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners appointed, in the several and respective Counties, Cities, and Places, for the bringing in the Assessments for the Army, be and are hereby required and enjoined to meet Once every Month, and the Commissioners in their particular Divisions Once every Week; and that they do, from Time to Time, call the Collectors and other Officers employed in the Assessments before them, and, where they shall find any Neglect in any of the said Officers, that they do punish the said Neglect according to the Power given them in that Behalf; and that they do, from Time to Time, give Notice to the House of their Proceedings in this Business, and of such as shall neglect their Attendance upon these Meetings, whereby the Service suffers great Prejudice."

"An Ordinance for Sequestration of the Estates of Major General Langhorne, and divers other Papists and Delinquents in the late Rebellion, in the Counties of South Wales and Monmouthsheire.

Ordinance for Sequestration of the Estates of Maj. Gen. Langherne, Col. Poyer, Col. Powell, & al. in the late Rebellion in South Wales, &c.

"Whereas Major General Rowland Langherne, Colonel Rice Powell, Colonel John Poyer, with divers Papists, Delinquents, and other ill-affected Persons in South Wales, and in the County of Monmouth, have unlawfully and traiterously assembled themselves together, and in warlike and hostile Manner possessed themselves of divers Garrisons, Towns, and Places, in the Counties of South Wales and Monmouthsheir, and have raised a new War in the Kingdom, and have given Battle to the Forces of the Parliament under the Command of Colonel Horton, who was sent by Authority of Parliament to suppress the said Insurrection, which by God's great Goodness was effected, and the said rebellious Assembly wholly routed, and great Numbers of them taken Prisoners: Now, to the End the like Inconveniences may be prevented hereafter, and that the Peace of the said Counties may be better settled, it is ordained, and be it Ordained by the Lords and Commons in Parliament assembled, That the said Major General Langherne, Colonel Rice Powell, Colonel Powyer, and all other Persons that were actually in the said Insurrection and Rebellion, and all and every such other Person or Persons that have willingly and wittingly, by Counsel or Force, assisted the same, or that willingly have contributed any Money, Horse, Arms, Ammunition, or other Aid or Assistance, for the Maintenance of the said Forces in the said Insurrection, be, and are hereby declared and adjudged to be, Delinquents, and within the Ordinances for Sequestration, and that their Estates Real and Personal be sequestered accordingly: And, for that Purpose, it is further Ordained, by the Authority aforesaid, That Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphry Lower, John Birchensha, Thomas Fowle, John Walker, Robert Phelps, and John Mathewes, Esquires, are hereby appointed Commissioners; and they, or any Three of them, shall have Power, and are hereby authorized, to put in Execution, within the said Counties of South Wales and Monmouth, the several Ordinances and Instructions made this present Parlia ment for Sequestration of Delinquents, Malignants, and Papists Estates; and likewise that the said Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphrey Lower, John Birchensha, Thomas Fowle, John Walker, Robert Phelps, and John Mathews, and such Person and Persons as they shall appoint, and no other, do seize and sequester the Estates Real and Personal of all and every the said Person or Persons Delinquents aforesaid: And be it further Ordained, That the Commissioners aforesaid, and such as they shall appoint, and no other, shall and may sell, receive, and dispose of, all and every the Goods, Chattels, Debts, Rents, and Personal Estates, of all and every the said Delinquents, and to lett, set, and improve, their Lands and Tenements, at the best Rate they can, according to the Ordinance of Sequestration; and that the said Commissioners, or any Three of them, may compound with the said Delinquents, or any of them, for any Stock of Cattle, Hay, Corn, or other Grain, Provision, or Utensils of Husbandry and House, belonging to them, or any of them, according to the Instructions hereunto annexed; and do and execute all such Powers and Authorities, upon the Persons (fn. 4) and Estates of all and every the said Delinquents, Malignants, and Papists, as is mentioned and given to any Committee for Sequestrations within any the former Ordinances for Sequestration; and that the said Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphry Lower, John Birchensha, Thomas Fowle, John Walker, Robert Phelps, and John Mathewes, or any Two of them, shall have Power, and are hereby authorized, to examine upon Oath all and every the Person and Persons (other than the Persons themselves hereby declared to be Delinquents) that probably may discover such Delinquents or their Estates, or that may be indebted to, or intrusted with, the Estates of the said Delinquents and Persons aforesaid; and such as shall refuse to be examined, or declare their Knowledge therein, shall be committed to safe Custody, by the said Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphrey Lower, John Birchensha, Thomas Fowle, John Walker, Robert Phelps, and John Mathewes, or any of them, till he, she, or they, conform accordingly: And the said Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphrey Lower, Thomas Fowle, John Walker, Robert Phelps, and John Mathewes, shall have Power to call to their Assistance such Person and Persons as they, or any Three of them, shall think fit for the better Execution of the Premises: And it is further Ordained, That all and every Sum and Sums of Money, Profit, and Benefit, that shall arise by virtue of this present Ordinance, shall be paid unto the Treasurers at Wars at Guildhall, London, to be disposed and employed, by the Order of the Committee of Lords and Commons for the Army, towards the Payment of the Army under the Command of Thomas Lord Fairefax, in such Manner as the said Committee of Lords and Commons for the Army, or any Five of them, shall direct and appoint; and the said Committee for the Army, or any Five of them, are hereby authorized, out of the Money to be raised by virtue hereof, to assign Payment and Satisfaction to all and every such Person and Persons employed in the Execution hereof, for their Pains, Charges, and Expences, as they, or any Five of them, shall think fit: And it is further Ordained, That all Colonels, Captains, Mayors, Sheriffs, Bailiffs, Constables, Officers, Soldiers, and all other Person and Persons, are hereby required to be aiding and assisting in the Execution hereof; and that the said Vincent Potter, Robert Hunt, Thomas Fitch, Thomas Gorges, Humphrey Lower, John Birchensha, Thomas Fowle, John Walker, Robert Phelps, and John Mathewes, and all other Person and Persons acting or assisting in the Performance hereof, shall be protected and indemnified, by the Authority of both Houses of Parliament: And be it further Ordained, That if any Person or Persons shall find him or themselves aggrieved with any Act done by the said Commissioners, their Agents or Deputies, or any of them, concerning the Premises, that then they, and every of them, shall have the like Liberty of Appeal to the Committee of Lords and Commons for Sequestrations, and the like Remedies, as be limited and provided by the former Ordinances for Sequestration, or any of them."

"Instructions for the Commissioners for Sequestrations of the Estates of Major General Langherne, and divers other Delinquents, in the late Rebellion in the Counties of South Wales, and Monmouthsheir.

Instructions for the Commissioners for these Sequestrations.

"1. Upon the Seizure of the Goods, Chattels, and Personal Estate, of any of the said Delinquents; you, or such as you shall appoint, are to cause a speedy and true Appraisement thereof, and a true Inventory thereof to be taken, and to sell any Stock of Cattle, Hay, Corn, or other Grain, Provision, and Utensils of Husbandry or House, belonging to the said respective Delinquents, whose Goods the same were formerly, at the Rates and Terms appraised, so as the said respective Delinquents come in and accept of the same within Ten Days next after such Appraisement, and pay or secure the Monies due for the same, in such Manner, and at such Times, as you, or any Three of you, shall direct and appoint.

"2. In case the said Delinquents, or any of them respectively, as aforesaid, shall not come in, and compound or agree with you for the said Goods as aforesaid; then you are (if with Conveniency it may be done) to sell and dispose the said Goods to such Person or Persons to whom you shall set or let the Lands of the said Delinquents, or any of them respectively, as aforesaid, upon such Payment and Security as aforesaid; and in case that may not be done with Conveniency as aforesaid, then you are to sell the same, or cause them to be sold, at as great Rates as you can get for the same, with all Expedition.

"3. In all other Particulars concerning the Premises, you are to be guided and directed by the said Ordinance, and by the former Ordinances of Sequestration, and the Instructions given upon the same, in such Points and Particulars only as be not contrariant to this present Ordinance."

Culverwell to be instituted to Grundsborough;

Ordered, That Dr. Bennett give Institution and Induction unto Mr. Richard Culverwell Clerk, Master of Arts, to the Rectory of Crundsborough, in Com. Suff. salvo Jure cujuscunque: The Master and Fellows of Trinity Colledge, in the University of Cambridge, Patrons.

and Greames to West Deeping.

Ordered, That Dr. Aylett give Institution and Induction unto Mathew Greames Clerk, Master of Arts, to the Rectory of West Deeping, in Com. Lincolne; salvo Jure cujuscunque: Granted by the Great Seal.

The King and Trigg, in Error.

Upon the Report of Mr. Justice Phesant, Mr. Baron Atkins, and Mr. Justice Godbold, this Day in the House:

It is Ordered, That the Judgement in the King's Bench, inter Will'm Trigg & Dominum Regem, is hereby affirmed; and that the Writ of Error depending in this House shall be returned back, that Execution may be had, the said Writ of Error notwithstanding.

Order to attach Sheldon, Grimes, & al. for digging Mines in the E. of Rutland's Manor of Nether Haddon.

Whereas it was ordered, by the Lords in Parliament assembled, by Order of 11th of May last, "That no Persons should presume to dig or sink any Mines, within the Earl of Rutland's Manor of Nether Haddon, and other Lands, in the County of Derby, till the Pleasure of this House be further signified;" and whereas it appears, by the Affidavits of Robert Erlambe and others, "That Thomas Sheldon, John Grimes, Benedict Grimes, William Sellars, Mathew Hindman, John Longford, John Wombell, Rowland Furnise, and Anthoney Cooper alias Sellars, and others, to the Number of Two Hundred, and many more by their Example, have and still do, in a riotous and tumultuary Way, in Disobedience to and in Contempt of the said Order, dig and sink Mines, for the getting of Lead Ore in the said Grounds, to the great Damage of the said Earl, and Destruction of his Possessions, pretending an unwarrantable Custom so to do, the Trial whereof is now depending in a legal and judiciary Way, both in the Common Law and in the Court of Dutchy, the Judgement or Determination whereof they do utterly refuse to attend; but do, against the Laws and Peace of this Kingdom, still proceed in such their riotous and unlawful Working:"

It is now therefore Ordered, by the Lords in Parliament assembled, That the Gentleman Usher attending this House, or his Deputies, shall forthwith take into his Custody the Bodies of the said Thomas Sheldon, John Grymes, Benedict Grymes, Wm. Sellers, Mathew Hindman, John Longford, John Wombell, Rowland Furnise, Anthony Cooper alias Sellers, Booth, and Nicholas Hope, and them in safe Custody keep till the Pleasure of this House be further declared: And herein all Sheriffs, Justices of the Peace, Mayors, Bailiffs, and all Captains, Officers, and Soldiers, and also all Gaolers, Constables, Headboroughs, and all other Officers and Ministers, as well within the County of Derby as elsewhere, are hereby to take Notice of this Order; and, for the better Execution thereof, from Time to Time, to be aiding and assisting unto the said Officers herein, as they will answer the contrary to this House.

Count. Rivers, Leave to remain within the Line.

Ordered, That it is hereby referred to the Committee of Lords and Commons sitting at Gouldsmiths Hall, to permit Elizabeth Countess Rivers to continue, with her own Retinue, in and about the Cities of London and Westm'r, any Ordinance of Parliament notwithstanding, to the End that the said Countess may attend her Composition for Two Parts of a Capital Messuage and Park in Longe Melford, in the County of Suff. according to an Order of the House of Commons of the 22th of April last past.

Report from the Committee at Derby House, for Col. Russel Gov. of Guernsey, and Commissioners, to go there.

"Die Saturni, 17 Junii, 1648.

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

"Ordered,

"That it be reported to both Houses, That, for the Preservation of the Isle of Guernsey, Colonel Russell, Governor thereof, be forthwith dispatched thither.

"That, from this Time, he shall receive and employ the Revenue of the said Isle as formerly.

"That the Commissioners appointed to go into Guernsey be sent thither with all Expedition.

"That the Disposing of the Revenue that hath been hitherto suspended, and the further Settling of the Island, be respited till the Return of the Resolutions of the Commissioners.

"Gualter Frost, Secretary."

Commissions to be granted, for raising Forces, to secure Hunt.

"Ordered, by the Lords and Commons in Parliament assembled, That Power be given to the Committee of Lords and Commons sitting at Derby House, to grant Commissions unto such Captain or Captains, and their inferior Officers, as they shall think fit, for the Raising of Horse and Foot, for the securing the County of Huntingdon, and suppressing Tumults in those Parts."