House of Lords Journal Volume 10: 12 July 1648

DIE Mercurii, 12 die Julii.

PRAYERS, by Mr. Gippes.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Fawcet, Leave to go into the Country.

It is Ordered, That Fawcett shall have Liberty to go to his own House into Lyncolneshire, and appear before this House when he shall be summoned.

Bradshaw's Ord. to be Head of Baliol College.

An Ordinance for making Mr. Bradshawe Head of Balioll Colledge, in Oxford, was read, and approved of; and ordered to be sent to the House of Commons for Concurrence.

Committee at Derby House to give Instructions to the L. Adm.

An Order was read, to give Power to the Committee at Derby House, to give Instructions to the Lord Admiral, from Time to Time, in Reference to the Sea Affairs; and being Agreed to, was passed, and ordered to be sent to the House of Commons for Concurrence.

Durson and Gothorp, in Error.

The Counsel of Durson Plaintiff and Gothorp Defendant, were heard, to argue the Errors, in the Writ of Error depending (fn. 1) in this House.

And this House declared, That the said Writ of Error is not well removed.

Roper and Wiseman.

Upon hearing the Counsel of Henry Roper Esquire Plaintiff, and also the Counsel of Raph Wiseman Defendant, in Pursuance of an Order of this House, dated the 5th of July Instant:

It is Ordered, That this House leaves Mr. Roper to the regular Way of Proceedings in the Chancery.

L. Brabazon, Leave to go to Spa.

Ordered, That the Lord Brabazon hath Leave to go to The Spawe, for his Health.

Ly. Stanhope, a Pass.

Ordered, That the Lady Stanhope, with her Company, Coach and Horses, shall have a Pass, to go (fn. 2) to Bagshott, and back again to London.

Letter from L. Howard.

Two Letters from the Lord Howard of Charlton, directed to the Speaker, were read.

(Here enter them.)

Order for Gen. Skippon to raise a Regiment of Horse.

The Order for the Committee at Derby House to grant Commissions to Major General Skippon, to raise and list a Regiment of Horse, was read the Second Time; and ordered to be committed to these Lords following, and to offer such Alterations to this House To-morrow Morning as they think fit:

Any Three; to meet To-morrow Morning, at Nine a Clock.

Commission for Martial Law in Chester:

A Paper was reported, from the Committee at Derby House, which was read, as followeth:

"Ordered, That it be reported to the Houses, That a Commission for Martial Law may be granted to the Governor of Chester, or such others as the House shall think fit, for the Trial of those who were in the late Design against Chester."

The Question being put, "Whether to have such a Commission to be granted as is here expressed in this Report?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting of this Question, the Earl of Lyncolne desired Leave to enter his Dissent, if the Question were carried in the Affirmative: Which was granted.

Message to the H. C. about it; and for the Committee at Derby House to give Instructions to the L. Admiral.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Aylett:

1. To communicate to them the Order for giving Power to the Committee at Derby House, to give Instructions to the Lord Admiral, from Time to Time, concerning Maritime Affairs; and desire their Concurrence therein.

2. To communicate to them the Report from the Committee at Derby House, for a Commission to be given for the Trial of those who were in the late Design against Chester, and desire their Concurrence therein.

Petition from Citizens, &c. of London.

A Petition was this Day presented to this House, by Mr. Alderman Fowlkes and divers others, Citizens and Ministers, in the Name of divers well-affected Magistrates and Ministers, Citizens, and other Inhabitants, in the City of London and Parts adjacent; which was said to be subscribed by divers Thousands.

The said Petition was received, and commanded publicly to be read. (Here enter it.)

The Persons that brought the Petition withdrew; and the House was adjourned into a Committee during Pleasure, to consider of it.

The House being resumed;

Thanks to the Petitioners.

And the Question being put, "Whether these Persons that brought this Petition shall have Thanks given them, for their good Expressions in this Petition?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting of the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question were carried in the Affirmative: Which being granted, they do accordingly enter their Dissents, by subscribing their Names:

Answer to this Petition.

Ordered, That the Speaker is appointed to draw up what is fit to be returned by Way of Answer to the abovesaid Petition, and report the same to the House.

Which Answer being read, the House approved of it; and ordered the Speaker to deliver the same, in the Name of the House.

And (fn. 3) the Persons that brought the said Petition being called in again, the Speaker read the same to them, as followeth:

"The Lords have full Confidence of the faithful Services and Constancy of you who now have delivered this Petition. And they have commanded me to give you Thanks, for your Fidelity to the Parliament; and to desire that, in their Names, Thanks may be returned to all the rest of the Petitioners, for the Expression of their good Affections and Zeal for the Honour and Safety of the Parliament. They have further commanded me to assure you, that their Endeavours shall be so to act, as that they may declare to the whole Kingdom their constant adhering to their Protestation, Vows, and Covenants, in the Maintenance of the Cause they are engaged in, and in the procuring and settling a safe and well-grounded Peace."

Ordered, That this Petition and Answer be printed and published.

Message from the H. C. with Letters between the D. of Hamilton and Gen. Lambert; and with Votes about reducing the revolted Ships.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight; who said, "The House of Commons having received a Letter from Major General Lambert, wherein is inclosed a Letter sent to him from Duke Hamilton, with his Answer returned to the Duke's Letter: (Here enter them.)

"Which the House of Commons do approve of; and have thought fit to refer it to the Committee at Derby House; and to have Power to consider of a Letter to be sent in Answer to the Duke's Letter, and to report the same To-morrow Morning to the Houses; wherein they desire their Lordships Concurrence."

Ordered, That this House approves of Major General Lambert's Answer; and agrees to the rest of the Message.

2. Votes concerning the reducing of the revolted Ships, wherein their Lordships Concurrence is desired. (Here enter (fn. 4) them.)

Agreed to.

The Answer returned was:

Answer.

That this House approves of the Answer of Major General Lambert; and agrees to have it referred to the Committee at Derby House, to prepare an Answer to be returned to Duke Hamilton's Letter; and to report the same To-morrow Morning to the Houses.

Message from the H. C. with Orders; and about General Skippon's to raise Horse.

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

1. An Order for Major General Skippon to inlist Volunteers. (Here enter it.)

Agreed to.

2. An Order of Indemnity for Major General Skippon, and such Volunteers as serve under his Command.

(Here enter it.)

Agreed to.

3. An Order for the Militia of London to be assisting to Major General Skippon, in raising Volunteers.

(Here enter it.)

Agreed to.

4. To put their Lordships in Mind of an Order for Major General Skippon to raise and list a Regiment of Horse.

The Answer returned was:

Answer.

That this House will take the Order for Major General Skippon to raise a Regiment of Horse into speedy Consideration, and will send an Answer by Messengers of their own: To all the rest of this Message, their Lordships do agree.

Letter from the D. of Hamilton to General Lambert, concerning the Motives for assembling his Army.

"For Colonell Generall Lambert.

"Noble Sir,

"The Parliament of the Kingdome of Scotland, upon Consideration of the greate Dangers imminent to Religion, His Majesty's Sacred Person, and the Peace of His Kingdomes, from the prevaileinge Power of Sectaryes and their Adherents in England, did lately send to the Honorable Houses of the Parliament such Demaunds as they conceived just and necessary; whereunto not receiveing any sattisfactory Answere, and finding their Dangers still increaseing, and greate Forces drawne together upon their Border, the Committee of the Estates of Parliament have thought fitt to lay their Commaunds upon me (with such other Noble Persons as they have joyned with me in this Service), for prosecuteing their just Desires, in Pursuance of the Ends of the Covenant, according to the joynt Declaration of both Kingdomes, the 6th of January, 164¾, for setling Religion, liberateing His Majesty from His base Imprisonment, freeing the Honorable Houses from such Constraint of Forces as hath bin longe upon them, disbandinge of all Armyes, whereby the Subjects may be freed from the intollerable Taxes and Quarters they have soe long groaned under, and for procureing the Setlment of a solidd Peace and firme Union betwixt the Kingdomes under His Majesty's Government. These being the true Intentions and Desires of the Kingdome of Scotland, who will most faithfully observe on their Parts their Engagements by Covenant and Treatyes to their Brethren of England, I expect you will not oppose their pious, loyall, and necessary Undertakeings, but rather joyne with them in the Prosecution of these Ends. I shall desire that the Bearer, my Trumpeter, may not be long kept; but retourned with your present and possitive Answere, that accordingly I may move as I am commaunded. Sir, I am

Annan, the 6th of July, 1648.

"Your humble Servaunt,

"Hamilton."

General Lambert's Answer.

"My Lord,

"I have received a Letter from your Excellency, by your Trumpeter, which mentions the Parliament of Scotland having (upon Consideration of the Danger to Religion, His Majesty's Person and Kingdoms, by Sectaries in England) addressed themselves to the Parliament of England for Redress, (fn. 5) have not received a satisfactory Answer therein: To which (my Lord) I shall not take upon me to give an Answer; seeing their late Ordinances concerning the Settlement of Religion, their sundry Addresses and Propositions tendered to His Majesty in order to the Peace and Well-being of His Kingdoms, are published and laid open to the View of the whole World, and which I doubt not but are well known to your Excellency. To what your Lordship mentions concerning the Increase of Danger by the drawing of some Forces upon the Borders of Scotland, I can more fully answer, having the Charge and Conduct thereof by Commission from his Excellency the Lord Fairefax, and have his positive Command to be most tender in acting any Thing which might give any seeming Occasion of Offence to our Brethren of Scotland; which Commands, I can confidently say, I have hitherto most cautiously and punctually observed; and further, that I do believe it never entered into the Parliament's or his Excellency's Thoughts, to act any Thing prejudicial or harmful to the Kingdom of Scotland. And what the true Reasons are which did occasion the drawing of these Forces so near the Borders, I shall not need to mention; all Men knowing it to be, for the Suppression of Sir Marmaduke Langdale and his Adherents, who are many of them Papists and grand Delinquents, and are lately risen in Rebellion against the Parliament, and have ever been, and still are, notorious Opposers of the Ends of the Covenant, according to the joint Declaration of both Kingdoms, 6th of January, 164¾, for settling of Religion, and His Majesty in His due Rights and Prerogative, and for the procuring a firm Peace and Union betwixt both Nations.

"For what your Lordship mentions, for the freeing of the Honourable Houses from Restraint of Forces lying upon them, I cannot but wonder at their Artifice, who have so cunningly suggested these Things to the Parliament of Scotland, as to possess them with the Belief thereof; seeing it is apparent to all Men, that the Parliament sits and votes free, and no visible Force in this Kingdom acts any Thing but by their immediate Command, except these and some few of their Adherents formerly mentioned: And for your Lordship's further Satisfaction in this, I know no surer Way to understand the Truth, than by Answer from the Parliament, which I doubt not but you will readily receive. I should trouble your Lordship too much, if I should but briefly run over their Labours for the disbanding of all Forces, except such as they did judge necessary for the Kingdom and their own Defences; as also their Zeal for freeing the Subject from unnecessary Taxes and Quarters, which, I persuade myself, your Lordship cannot but in some Measure have heard of before this Time; and therefore I shall, in Satisfaction to your Lordship's Expectation (that I shall not oppose the Committee of Estates in their pious, loyal, and necessary Undertakings), answer, that I conceive their Resolutions may be wholly grounded upon Mistakes, desiring you also to consider, whether (fn. 5) not contrary to the Covenant; and must (in Prosecution of the Trust reposed in me) to the uttermost of my Power oppose all Forces whatsoever, either raised or brought into this Kingdom, except those by Authority and Command of the Parliament of England; in which I hope your Lordship will not oppose, but rather assist me, if the Parliament of "England shall desire it. I have, according to your Excellency's Desire, returned your Trumpet as speedily as I could dispatch him; and doubt not but, upon your Lordship's Address to the Parliament of England, you may receive more ample Satisfaction herein. And, in the mean Time, this is tendered to your Lordship, as an Answer from,

"My Lord,

Castle Souerby, 8 Julii, 1648.

"Your Lordship's

"Most humble Servant,

"J. Lambert.

"To His Excellency James Duke of Hamilton and Chaslellerhault, &c. General of all the Scottish Forces by Sea and Land."

Letter from L. Howard of Charl. that he was going to the Prince when he was apprehended.

"Dover Castle, the 10th of July, 1648.

"My Lord,

"I was Yesterday, being the 10th of this Month, cast in by a Tempest at Broadestreete, in the Isle of Tennett, and there apprehended by the Country, and carried to Margett; from whence, as I hear, they acquainted the Deputy Lieutenants of Kent with my Seizure; and whilst we expected their Orders, what should be done with me, Major Carter, from Sandw'ch, sent a Troop of Horse for me, who brought me to Colonel Riche's Quarter at Wamar, and he immediately sent me to Dover Castle. At first, so many various Conjectures were made of my being in those Parts, that, finding myself both discovered and apprehended too, I thought it every Way best, neither to deny my Person nor Intention, which was, at any Rate or Hazard to have gone to my Master the Prince, since your Lordships were pleased to remand my Pass, to pay those domestic Duties unto him that by my Oath I am bound to do, Therefore, being I ought neither to be examined nor heard before any but the Lords in Parliament, thither I appeal; protesting against any other Judicature.

"My Lord,

"Your Lordship's

"Most humble Servant,

"Howard of Charlton.

"To the Right Honourable the Lord Viscount Rochford, or whomsoever is Speaker of the Lords House of Parliament pro Tempore; to be communicated to the House."

Letter from him, desiring to come to London.

"Dover Castle, the 12th July, 1648.

"My Lord,

"Since the Writing of my First Letter, I do engage my Honour to the House, to come wherever the Governor here shall assign me at London, to answer before the House for this Detention, or whatever else can be objected against me. Therefore I humbly desire my Remove from hence may be hastened; since, my Things being all taken away, I can be in no Condition of subsisting here.

"Your Lordship's

"Humble Servant,

"Howard Charlt.

"This, I conceive, is denied no Peer; and all the Favour I beg is, to be removed, to be heard at London.

"For your Lordships. These.

"Postscribed."

Votes for reducing the revolted Ships.

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

"That a Declaration be passed, thereby setting forth the Detestableness of this Act of the Revolters, containing likewise a Grant of Two Months Pay extraordinary to such Seamen as shall engage in the present Service, and effectually endeavour the reducing of the revolted Ships, the same to be paid as soon as they shall be reduced and brought into Port; as also an Offer of Indemnity to such Persons aboard the said Ships as shall, within the Time which the Parliament shall in their Wisdom think fit to limit, render themselves and their Ships to the Parliament's Obedience; and that all Persons aboard the said respective Ships, who shall not submit within the Time so to be limited, and all other the Subjects of this Kingdom who shall hereafter join with them, or assist them, shall be declared Traitors to the Kingdom, and their Estates confiscate.

"2. That there be an Embargo of all Ships within the River of Thames, till the Lord Admiral shall be at Sea with the Fleet.

"That Thirty Masters, and Masters Mates, of approved Ability and Faithfulness (to be chosen by the Lord Admiral) be added to the Fleet, and borne upon such Ships as the Lord Admiral shall think fit to assign them to.

"That Order be given for the Employment of some Fisher-boats, or other small Vessels, at Plymouth and Silly, and thereabouts, to ply forth to Sea, to give Notice of this Revolt to all Merchants Ships passing that Way Homewards-bound; together with Caution to repair into some of the Western Ports, for their Security, until the Lord Admiral shall be at Sea with the Fleet.

"That the Harbour of Portsmouth, being of so great Concernment to the Navy, be especially taken Care of; and that it be referred to the Committee at Derby House, to take Care hereof.

"That the Commissioners of the Navy have Order to treat for the taking up of Six Merchants Ships of Force, such as are ready for Service; that thereupon the Owners may be contracted with for their Assistance to the said Reduction if there shall be cause."

General Skippon to inlist Voluntiers;

"The Lords and Commons do declare it an acceptable Service in any Persons that will inlist themselves, Horse or Foot, under the Command of Major General Skippon, for Defence and Safety of the Parliament, City, and Kingdom; and that the said Major General Skippon is hereby authorized to inlist all such Persons, and to command them, and draw them out of the late Lines, into any Part as he shall see Occasion, and to conduct and lead them, and to fight, kill, and slay, all such as shall oppose, rise, or make any Insurrections against the Parliament, or to the Disturbance of the Peace of the Kingdom."

and to be indemnified for it.

"The Lords and Commons in Parliament assembled do approve of what Major General Skippon, or any other well-affected Person or Persons have done, or shall do, in the voluntary raising and inlisting of Men, for the Defence and Safety of the Parliament, City, and Kingdom, in Pursuance of the Order of the House of Commons to that Purpose; and that he and they shall be indemnified and saved harmless therefor."

London Militia Committee to assist him.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of the Militia of the City of London be desired to give Assistance to Major General Skippon, in the inlisting of Volunteers, Horse and Foot, for the Defence and Safety of the Parliament, City, and Kingdom; and to encourage such as shall come in voluntarily to inlist themselves to the End aforesaid."

Petition of Citizens and others of London, against entering into a Treaty, till proper Assurances are given for Maintenance of the Covent, &c.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"The humble Petition of divers well-affected Magistrates, Ministers, Citizens, and other Inhabitants, in the City of London and Parts adjacent;

"Sheweth,

"That we cannot but take Notice of the many Obstuctions you have met withal, whilst with indefatigable Care and Diligence you have been earnestly labouring and endeavouring the Deliverance of the People of this Kingdom from those many and great Invasions made, and much more intended, upon our Religious and Civil Liberties, had not you (assisted by the Almighty God) interposed; for which we cannot but render all humble and hearty Thanks: And now finding the same evil Spirit reviving, and working much more strongly and effectually, though much more closely and cunningly, under specious Pretences; attempting that by Subtilty which they, through the Goodness of our God, could not obtain by Power; using such Things as an Occasion and Means to divide, which at first were ordained for the uniting of all the godly and honest People of the Three Kingdoms upon safe and just Principles; (videlicet,) the Protestation of May 1641, the Vow in June 1643, and the solemn League and Covenant in February 1643, and other your several Votes and Declarations to the same Effect: Although your Petitioners do most heartily desire a right Understanding and happy Reconcilement between the King and Parliament, yet it is far from the Thought of the Petitioners (and they hope of many others that have lately out of good Affection petitioned for a Personal Treaty), to make Use of the Tumults, Commotions, Revolts of Castles and Ships (thereby engaging the Kingdom in a new War), or of any other Difficulties the Parliament hath been or may be exposed unto, to precipitate their Councils, or to destroy their Forces, that now are, or hereafter shall be, raised; being (as the Petitioners humbly conceive) contrary to their said Protestation, Vow, and Covenant, as it is also to necessitate the Parliament to a Treaty, until such Satisfaction and Security be first given as may attain the Ends of our former Engagements.

"Your Petitioners therefore humbly pray, That you will adhere to the said Protestation, Vow, and Covenant, and to the constant Tenor of all your former Declarations, and not recede from those first and just Principles, (videlicet,) the Safety of yourselves and all that have and shall adhere to you, and the Reformation and Preservation of Religion, and the Maintenance and Defence of our Laws and Liberties, which you have openly held forth to all the World, and by which you have engaged all the honest and well-affected People of the Three Kingdoms to serve you with their Lives and Estates, left you betray yourselves and them to the merciless Cruelties of those that seek your and their Destruction, and draw the Blood of many innocent Persons upon you and yours.

"For Prevention whereof, your Petitioners further humbly desire you will faithfully persevere in the due Prosecution of your said just Undertakings and Engagements; and that such a Course by your Wisdoms may be taken, for Security and Satisfaction to be given as aforesaid, that neither His Majesty nor any other may have Occasion (fn. 6) or Opportunity of renewing the old or raising a new War: And in so doing, that God who hath hitherto owned you and your Cause will assuredly do so still; and we your Petitioners, with many Thousands more (as formerly), so are still ready, in Pursuance of the said Protestation, Vow, and Covenant, with their Lives and Estates, to adventure all with you and your Forces in this Common Cause, against all Opposition.

"And we shall ever pray, &c."

Ball to be instituted to Pawlet.

Ordered, That Doctor Bennett give Institution and Induction unto Henry Ball Clerk, to the Vicarage of Pawlett, in the County of Som'sett, void by the Death of the last Incumbent; salvo Jure cujuscunque: Granted by the Great Seal.