House of Lords Journal Volume 10: 27 July 1648

Die Jovis, 27 die Julii.

PRAYERS, by Mr. Carter.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

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

That they agree that the Earl of Pembrooke shall be Constable of Windsor Castle, and the keeping of the Great Park at Windsor: To all the rest of that Message, they will send an Answer by Messengers of their (fn. 1) own.

L. Andover to have Liberty.

The Speaker signified to the House, "That, according to the Order of this House, the Lord Viscount Andover is come from Dover; and is now attending at this Door, to know their Lordships Pleasure."

And his Lordship having given it upon his Honour to attend this House this Day Five Weeks: It is Ordered, That he shall have his Liberty.

Message from the H. C. with a Letter from Yarmouth.

A Message was brought from the House of Commons, by Sir John Trevor Knight; who brought up a Letter, which came from the Bailiffs of Yarmouth, with a Paper inclosed.

The Letter was read. (Here enter it.)

Message from thence, with Votes about the revolted Ships;—with Instructions for Persons going with the L. Adm.;—with an Order, &c.

A Message was brought from the House of Commons, by Sir Peter Wentworth Knight; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. Power to the Lord Admiral, to give Indemnity to the revolted Ships for Twenty Days longer, after the Date of this Order; and promise their Arrears.

(Here enter it.)

Agreed to.

2. Power to the Lord Admiral, to fight with the revolted Ships.

The Question being put, "Whether there shall be a Question, whether this Vote shall be committed or no?"

The Votes were even.

3. Instructions for Mr. Strickland and Mr. Bence.

(Here enter it.)

Agreed to.

4. An Order for Mr. Browne to receive Forty Pounds, out of the Hanaper. (Here enter it.)

Agreed to.

Ellis's Ordinance to be Rector of St. Albans.

5. An Ordinance for Mr. Ellis Senior to be Rector at St. Albans.

Read Twice, and committed to these Lords following:

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

The Answer returned to this Message was:

Answer to the H. C.

That this House will send an Answer to the Vote giving Power to the Lord Admiral to give Indemnity to the revolted Ships for Twenty Days longer; and also the Ordinance concerning Mr. Ellis: To all the rest, their Lordships do agree to.

E. of Warwick's Claim to the Keepership of Hyde Park.

The Speaker acquainted the House, "That the Lord Admiral signified to him, by Letter, that he hath an Assignment of the Keepership of Hyde Parke, from the Earl of Holland: Therefore desires to be heard, by his Counsel, before the same be otherwise (fn. 2) disposed of."

And it is Ordered, That his Lordship's Deeds be produced before this House To-morrow Morning; and then their Lordships will take the same into Consideration.

E. of Lincoln and Ly. De Lawarr.

Upon reading the Answer of the Lady La Warr, to the Petition of the Earl of Lyncolne: (Here enter it.)

It is Ordered, That Counsel on both Sides shall be heard, on Tuesday Morning next, at this Bar, concerning the Matter of Privilege in this Case.

Goodwin, late Bp. of Glouc. and Newbery.

Upon reading the Petition of Godfry Goodwen, once Bishop of Glocester:

It is Ordered, That Mr. Newbery shall have a Copy of this Petition, and return his Answer unto this House by this Day Sevennight.

Informations against Freebody.

Upon reading the Informations of Joshua Lasher and Wm. Whale, against Thomas Freebody: (Here enter it.)

It is Ordered, That the said Lasher and Whale shall attend this House To-morrow Morning.

Message from the H. C. with an Order and Ordinances.

A Message was brought from the House of Commons, by Mr. Gurden, &c.; who brought these Particulars following, wherein their Lordships Concurrence is desired:

1. An Order for raising Sixteen Thousand Pounds, for the Forces of the County of Suff. (Here enter it)

Agreed to.

2. An Ordinance for Twenty Thousand Pounds, with Interest, for the Northern Forces, paid out of the Excise, to Mr. Francis Darley. (Here enter it.)

Agreed to.

Ordinance for the York Forces to be paid out of the King's &c. Revenue there.

3. An Ordinance for the King and Queen's Revenue in Yorkeshire, to maintain the Forces there.

Read Twice, and committed to these Lords following:

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

The Answer returned was:

Answer to the H. C.

That as to the Ordinance for the King and Queen' Revenue in Yorkeshire, to maintain the Forces there, their Lordships will send an Answer by Messengers of their own: To all the rest, this House agrees to them.

Hackett to be instituted to Red Morley;

Ordered, That Doctor Aylett give Institution and Induction unto Edward Hackett Clerk, Master of Arts, to the Rectory of Redmarley debitot, alias Redmorley, in Com. Wigorn. void by the Death of Thomas Baldwin, the last Incumbent there; Salvo Jure cujuscunque: Thomas Hackett Gentleman, Patron.

and Hencham to Harrowden.

Ordered, That Doctor Heath give Institution and Induction unto Tho. Hencham Clerk, Master of Arts, to the Vicarage of Harrowden, alias Harreden, in Com. North'ton, void by the voluntary Cession of James Langley, the last Incumbent there; salvo Jure cujuscunque: Roger Charnocke Esquire, Patron.

L. Adm. to prolong the Indemnity for the revolted Ships.

"Ordered, by the Lords and Commons assembled in Parliament, That Power be given to the Lord Admiral, to give Indemnity to such of (fn. 3) Seamen as shall come in within Twenty Days after the Date of this Order; and to promise the Arrears to such Ships as shall come in."

Instructions for Mess. Strickland and Bence, going with him to Sea.

"Instructions for Walter Strickland Esquire, and Mr. Alexander Bence, appointed by the House of Commons to accompany the Lord Admiral to Sea in this Expedition.

"Whereas the House of Commons, by their Order of the 13th Instant, have appointed you to be sent with the Lord Admiral to Sea, according to the Desire of the said Lord Admiral, in the Letter of the 12th Instant, that he might consult with you from Time to Time, as there shall be Occasion, how to transact the Affairs at Sea with most Advantage to the Service of Parliament, and Safety of the Kingdom:

"1. You are, therefore, with all convenient Speed, to make your Repair to the Lord Admiral, and shall accompany him in this present Expedition to Sea.

"2. You are, from Time to Time, upon all Occasions, to consult with the Lord Admiral, according to the Desire in his said Letter, about the Transaction of the Affairs at Sea, and for the most Advantage of the Service of the Parliament, and Safety of the Kingdom; and shall therein give him the best Assistance you can, with your Advice and Counsel, for the best managing of those Affairs.

"3. You shall put in Execution such further Instructions as you shall, from Time to Time, receive from both Houses of Parliament, or from any by them appointed to give them.

"4. You are to give frequent and constant Intelligence to the Houses and this Committee, of what (fn. 4) Occurrences shall be necessary to be signified unto them."

Order for 40 l. to Brown, Cler. Parl.

"Whereas there is a Fee, or Annuity, of Forty Pounds per Annum, payable out of the Revenue of His Majesty's Hanaper in Chancery, unto John Browne Esquire, Clerk of the Parliaments, and the same for the Year 1642 is yet unpaid him: It is Ordered, by the Lords and Commons in Parliament assembled, That the Clerk of the Hanaper is hereby authorized to pay forthwith, unto the aforesaid John Browne, the Sum of Forty Pounds, in Arrears to him: And this shall be a sufficient Warrant and Discharge for the same."

Ordinance for raising 16,000 l. in Suffolk, for Payment of their Forces.

"Whereas the County of Suffolke, for preventing the great Danger to the County and Kingdom (by the Insurrection lately at St. Edm'ds Bury, and other Engagements of such as are well-affected to the Public Peace, and more especially now by the Approach of the Lord Goreing and his Party to Colchester), hath raised many Forces of Horse and Foot, both of Trained Bands and Auxiliaries, and having marched to the Borders of the County, to secure the Passages, and afterwards, by Direction of his Excellency the Lord General, advanced out of their own County to the Walls (fn. 5) of Colchester, and there are now joined in assisting his Excellency in reducing of that Town, and in preserving that County of Essex from further Plundering; which Service is looked upon by both Houses of Parliament as very acceptable in Times of so much Danger and Necessity, and thereof they do fully allow and approve, as tending and in order to the Safety and Peace of the Kingdom: And forasmuch as the Forces advanced as aforesaid are and have been hitherto paid and maintained by themselves or such particular Persons as did send them forth at their own Charges, out of the good Affection they bear unto the Public Safety, in Confidence nevertheless that the rest of their County will be equally aiding and assistant unto their Maintenance, in this Case of so imminent and apparent Danger to them all: Now, for the speedy Reimbursing and Re-payment of all and singular the several Sums of Money which are, or shall be, laid out or disbursed in and for or about the Services aforesaid, the Lords and Commons do order and ordain, and be it Ordered and Ordained by the said Lords and Commons in Parliament assembled, That there shall be taxed, levied, and paid, upon and by the County of Suff. aforesaid, at or before the First Day of August next ensuing, the Sum of Sixteen Thousand Pounds: And that the said Sum may be duly taxed, levied, and paid, be it further Ordained, That the several Persons in the said County of Suff. named to be Committees or Commissioners in the several Ordinances of the Lords and Commons, dated the 23th Day of June, 1647, and in the Ordinance dated the 17th Day of July, 1647, and in the Ordinance dated the 20th Day of March, 1647, for raising and maintaining the Forces under Sir Thomas Fairefax, now Lord Fairefax, shall be, and may be, Committees or Commissioners of the said County, for the putting this present Ordinance in Execution; and shall and may assess and levy, or cause to be assessed and levied, within the said County, the said Sum of Sixteen Thousand Pounds, according to the usual Proportions within the said County, or as may be most indifferently assessed and imposed upon the said County, and to be levied at One or several Payments, as to the Committees or Commissioners aforesaid shall seem most expedient; and that all Persons, Bodies Politic and Corporate, all Manors, Lands, Tenements, Rents, and Hereditaments, Goods, and Chattels whatsoever, charged or chargeable by virtue of the said Ordinances, for the Payment of the Army under the Command of the Lord Fairefax, shall and may be also charged and chargeable with the Payment of this (fn. 6) Sum mentioned in this present Ordinance, Regard being had to the easing of the poorer Sort in the said Levy as much as may be: Be it further Ordained, That it shall be lawful for the said Committees or Commissioners, or any Five or more of them, to nominate Assessors, Collectors, and Treasurers, for the assessing, collecting, and receiving, of the said Sum of Money; and that the said Committees or Commissioners, Assessors, Collectors, and Treasurers, shall and may do all Things, and execute all such Power, for the assessing, collecting, and receiving of the said Sum of Money, within the said County, as the said Committees or Commissioners, Assessors, Collectors, and Treasurers, have Power to do by virtue of the said Ordinance of the 23th Day of June, 1647, or by virtue of an Ordinance bearing Date the 24th Day of December, 1647, for the collecting the Monthly Sum of Sixty Thousand Pounds in the respective Counties, or by virtue of the Ordinance of the 20th of March, 1647, formerly mentioned; and that the said Committees or Commissioners shall allow such Fees, or Sums of Money, to the Collectors, Treasurers, and others by them employed, or to be employed, in assessing, collecting, levying, receiving, and paying the said several Sums, as are named and allowed in the said Ordinance of the 23th of June, and not otherwise: And it is further Ordered and Ordained, That the Collectors and other Persons within the said County shall pay all Monies by them received, or to be received, and collected, by virtue of this Ordinance, unto the Treasurer or Treasurers so to be named; and the Treasurer or Treasurers appointed to receive the said Monies by virtue of this Ordinance, within the said County, shall not issue forth or pay any such Sum or Sums of Money, nor shall the same be paid to any Person or Persons whatsoever, but to the Uses in this Ordinance mentioned, and also by Warrant in Writing under the Hands of Ten or more of the said Committees or Commissioners; and that the said Treasurers and Collectors shall, from Time to Time, give Account to the said Committees or Commissioners of their several Receipts and Disbursements had and made: Be it further Ordered and Ordained, That in case any Soldier or Officer of War, Deputy Lieutenant, Commissioner, Assessor, Treasurer, Collector, or any Person them aiding and assisting in any of the Cases formerly mentioned, and for any Act done or to be done therein (in order to the Services aforesaid), be, or shall, be molested, sued, or impeached, then, upon Complaint made to the Committee of Lords and Commons for Indemnity, the said Committee shall give them such Remedy as the Case shall require."

Ordinance for 20,000l. for the Northern Forces.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Thousand Pounds, for the Service of the Northern Forces raised by the Northern Association, be, and hereby is, charged upon the Receipts of the Grand Excise, in Course, next after other Sums already charged first satisfied; and the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Twenty Thousand Pounds, in Course, accordingly, unto Francis Darley Esquire, for the Purpose aforesaid: And be it further Ordained, That if any Person or Persons do or shall advance and lend the said Twenty Thousand Pounds, or any Part thereof, by Way of Loan, and pay the same unto the said Francis Darley, for the Purpose aforesaid, that then all and every the said Advancer or Advancers, their Executors, Administrators, and Assigns, respectively, shall be satisfied and paid the several Sums of Money by them advanced and lent as aforesaid, out of the Receipts of the Excise, in Course, as aforesaid, together with Interest for the same (after the Rate of Eight Pounds per Centum per Annum), at the End of every Six Months from the Time of the advancing thereof, until the Principal become due as aforesaid; and the Receipt or Receipts of the said Francis Darley, for the said Twenty Thousand Pounds, and of the respective Advancer or Advancers, their respective Executors, Administrators, or Assigns, with the particular Assignment and Assignments under the Hand and Seal of the said Francis Darley, for the respective Sums by them advanced and lent, with the Interest as aforesaid, shall be a sufficient Warrant and Discharge to the Commissioners of Excise for the Time being."

Letter from Yarmouth, that the revolted Ships had been there with the P. of Wales, P. of Rupert, &c. on board them; and that they were sailed for The Downs.

"To the Right Honourable Committee of Lords and Commons at Derby House. These present. In London.

"Honourable,

"We received your Letters of the 20th Instant informing us of Two Companies ordered by you to be drawn down into our Town, the one from Captain Brewster, and the other from Norwich, for our Defence and Assistance, in case the revolted Ships should make their Descent hither: Before the Receipt of which Letters, videlicet, upon Saturday last, at Noon-tide, the Ships were come, and at Anchor in the Road, to the great Amazement of all the Beholders. The Prince of Wales, Prince Rupert, and divers Lords, and many great Gentlemen, being in them, we stood upon our Defence; and forthwith addressed Letters to the Committee for the County of Norff. and to Norwich, and to Captain Brewster, in Suff. Sir John Wentworth, and others, for Assistance, which very readily they gave us; and had Major Jermy, with his Troops, very active for us, and other Forces provided by his Excellency to be sent down unto us, waiting for some Messengers or Message to be sent unto us from the Prince; but none came: Yet we heard, by some Seamen that were aboard, that his Highness took great Offence at some conceived Discourtesies from the Town; and that, sending some Messengers on Shore to provide some fresh Victuals, they were not suffered to come on Shore, but driven back by the Troopers: Whereupon we thought fit to send Two of our Brethren aboard to his Highness, and did it this Day in the Morning, to satisfy his Highness touching those Misapprehensions: Which was very well taken by his Highness, and very good Respect given to our Messengers; and this only desired, that we would accommodate his Highness with some small Provisions for his Money; which was readily assented unto. And so expressing to them, "that there was no Design upon this Place for the Ships to come hither, but were driven to come into the Road by adverse Winds, going for The Downes, on Friday last, and would be gone again with the next fair Wind," he was pleased to give a fair Dismission to our Messengers; and the Wind coming more to the West this Afternoon, the Ships weighed Anchor, and set Sail, and are gone for The Downes. Yesterday, the Two Companies ordered by your Honours for our Assistance being sent down, we advised with Sir John Wentworth, Major Jermy, and Mr. Brewster, to have them drawn, one Company on the one Side of the Town, and the other on the other Side, without Entrance into the Town; which was assented unto of all Parties, as being thought more convenient, and better to do Service, than to come in. This is all the Account we can give to your Honours in these Affairs; which we humbly pray may be accepted, together with our humble Thanks for the great Care for the Safeguard and Security of our Town; wherein relying upon your Favours, with the Tender of our humble Duties and Service, we rest

"Your Honours

Yarmouth, the 24th of July, 1648.

"Most humble Servants,

Declaration of the P. of Wales, of the Reasons for the Appearance of the Fleet.

"This inclosed Copy was delivered to our Messengers that went aboard, without any Desire for us to engage upon the same:

"Copia.

"By his Highness.

"Ordered, by his Highness in Council, That with all convenient Speed a Declaration be made, in his Highness' Name, setting forth the Reasons and Grounds of his present appearing upon the Fleet in Action; which are to be,

"1. The Establishing of Religion, according as is mentioned in His Majesty's Agreement with the Scotts Commissioners, of the 26th of December last.

"2. The mutual Performance of the said Agreement, and the Pursuance of all Concessions on His Majesty's Part therein mentioned.

"3. The restoring His Majesty to His Liberties and just Rights; and, in order to it, a Personal Treaty with His Majesty, with Honour, Freedom, and Safety.

"4. The Maintenance of the Freedom and just Privileges of Parliament.

"5. The Defence of the Liberties and Property of the Subject, against all Violence and Oppression whatsoever; and therein particularly the Abolition of Excise, Contribution, Free Quarter, and other illegal Taxes.

"6. The obtaining of an Act of Oblivion and Indemnity.

"7. The Disbanding of all Armies, and the Settling of a well-grounded and happy Peace.

"8. For the Defence of His Majesty's just Rights in the Narrow Seas, the Protection and Security of the Trade of all His Majesty's loyal Subjects, and the Support of His Majesty's Navy, and all the Officers and Mariners of the same.

"The Lords Willoughby, Hopton, and Culpeper, together with his Highness' Secretary, or any Two of them, are appointed to digest these Heads into a Declaration, and to present it to his Highness in Council.

"Dated July 27th, New Stile, 1648.

"Charles P.

"This is a true Copy of the Original, remaining with me,

"Rob't Longe."

Informations of Lasher and Whale versus Freebody, for Words against the Parliament.

"The Information of Joshua Lasher, of Olaves Parish, against Thomas Freebody, of Savior's Parish, taken before the Committee of the Militia, June 23, 1648.

"Joshua Lasher informeth, That he heard the said Thomas Freebody say, about the 10th of this Instant June, "That he was a better Man than any of both Houses of Parliament; and that they were Rebels and Traitors, and he would prove them so."

"Joshua Lasher."

"William Whale informeth, That he heard the said Thomas Freebody say, "Ordered by the Rogues and Commons assembled in Parliament," when he looked on a Book that was printed, "Ordered by the Lords and Commons in Parliament assembled;" and other disdainful Words to the Dishonour of the Parliament.

June 29, 1648.

"Will'm Whale."

Ly. Delawar'd Answer to the E. of Lincoln's Petition.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Isabella La Warre, Dowager;

"Shewing,

"That the Petitioner hath received a Summons from your Lordships, at the Suit of the Right Honourable the Earl of Lincolne, complaining, that the Petitioner oweth him Two Thousand Pounds, with Interest; and that the Petitioner was also ordered, 13 July Instant, to put in her Answer on Saturday following, which she had not done, whereby, as is alledged, the Hearing was retarded. And now, 24 Julii, your Lordships, on those Suggestions, have ordered the Petitioner to put in her Answer:

"To which she humbly faith,

"1. As to the not putting in her Answer on Saturday aforesaid, she was informed that your Lordships sat not then, but adjourned; by Occasion whereof, she could not then attend your Lordships: Neither can that be imputed any Delay on her Part.

"2. By Protestation, but not by Way of Answer, she faith, That the said Earl, under Hand and Seal, hath given Time for Payment, which is not yet come; the Writing whereof is at present not in Town, but the Earl hath one Part of it: Nevertheless she hath taken the best Course she can, by offering her Lands to Sale, to satisfy her Debts; which was a Care to which she was not obliged.

"But as to the Matter of Complaint, she can give no other Answer, but that she is a Peeress of this Realm; and therefore she conceiveth that your Lordships will allow her Privilege in that Behalf, as to herself and others in the like Kind your Lordships have already allowed the same, as by the Order annexed as to herself appeareth.

"She farther offers to your Consideration, that in case your Lordships take from her the Right of her Privilege, that possibly all others may expect the same Measure of Justice against all Peers; being, that what is just in the Case of One is also just in All; which of how much Consequence it will be in these losing and hazardous Times, she humbly leaves; but humbly prays, she may insist on her Privilege as she doth, and the rather, in regard of her great Losses and these Times."

Adjourn.

House adjourned till 10^a cras.