House of Lords Journal Volume 10: 8 September 1648

DIE Veneris, 8 die Septembris.

PRAYERS.

Domini præsentes fuerunt:

Ds. Hunsdon, Speaker.

Ordinances to clear the following Persons of their Delinquency.

The Ordinances for Composition of Delinquents Estates were read, and passed.

1. Ordinance for pardoning the Delinquency of Richard Turpin.

2. The Ordinance of Sir Symon Clarke Baronet.

3. The Ordinance of Edward Waller Gentleman.

4. The Ordinance of Sir John Conyers.

5. The Ordinance of Wm. Barker.

6. The Ordinance of Thomas Graunt.

7. The Ordinance of Sir Edward Osborne.

8. The Ordinance of Lord Viscount Kilmurrey.

9. The Ordinance of James Duke of Richmond. Read Once; and respited until he returns (fn. 1) by the Isle of Wight.

Letter from the King;

A Letter from the King was read; and Ordered to be communicated to the House of Commons.

(Here enter it.)

and from the L. Admiral.

A Letter from the Lord Admiral, was read; and ordered to be communicated to the House of Commons.

(Here enter it.)

Preacher thanked.

Ordered, That Mr. Obadiah Sedgwicke hath Thanks given him, for his Pains in preaching Yesterday before the Lords; and is desired to print his Sermon.

Ordinances to clear the following Persons of their Delinquency.

These Ordinances of Compositions were also read, and passed.

1. Ordinance for Christofer Fairfax.

2. Ordinance for Tho. Orchard.

3. Ordinance for Wm. Layton.

4. Ordinance for Tho. Wilson.

5. Ordinance for Ralph Bates.

6. Ordinance for Joane Raynes Widow.

7. Ordinance for Tho. Storey.

8. Ordinance for Cadwallader Coker.

9. Ordinance for John Le Hunt, &c.

10. Ordinance for Dame Eliz. Windham.

11. Ordinance for Henry Wiglesworth.

12. Ordinance for Christofer Berisford.

13. Ordinance for Roger Kynaston.

14. Ordinance for Sir Wm. Robinson.

15. Ordinance for John St. George.

16. Ordinance for Sir George Butler.

17. Ordinance for Jeoferey Shakerley.

18. Ordinance for Tymothy Pusey.

19. Ordinance for Rob't Tirwitt.

20. Ordinance for John Johnson.

21. Ordinance for Sir Rob't Foster.

22. Ordinance for Sir James Thynn.

23. Ordinance for Arthur Weaver.

24. Ordinance for Gerrard Eaton.

Ordinance for Payler & al. to be Officers of the Ordnance.

The Ordinance for George Payler and others to have the Offices (fn. 2) above the Ordnance and Stores in The Tower of London, was read the Third Time, and passed.

Ordinances and Orders agreed to.

The Ordinance for paying of Fifty Pounds to Nicholson, was read, and passed. (Here enter it.)

Order for Two Hundred Pounds to be given to Sir James Barry, was read, and passed. (Here enter it.)

Order concerning the Lady Harcourt to be put into Possession of Lands given her in Ireland, was read, and Agreed to. (Here enter it.)

Order for paying Five Hundred Pounds to Samuell Warcup, was read, and Agreed to. (Here enter it.)

Order for paying One Hundred Seventy-four Pounds, Twelve Shillings, and Six Pence, to Sir Edward Dodesworth, was read, and Agreed to. (Here enter it.)

Ordinance for Composition of Sir John Strangwaies and Gyles Straingwaies, was read and passed. (Here enter it.)

Grosvenor's Sequestration.

Upon reading a Report from the Committee of Lords and Commons for Sequestrations, of the State of the Case of Walter Grosevener: (Here enter it.)

It is Ordered, To be recommended to the House of Commons, with a Desire he may have Favour extended towards him.

Walker's Petition.

Upon reading the Petition of Henry Walker:

It is Ordered, The Consideration of this Petition is referred to these Lords following:

Any Three; to meet when they please, and report to this House.

Message to the H. C. with the King's and L. Admiral's Letter; and about the following Particulars.

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

1. To communicate to them the King's Letter; and to let them know, this House thinks it fit to grant Leave for Dr. Reives and Dr. Ducke to go to the King, and desire their Concurrence therein.

2. To communicate to them the Letter of the Lord Admiral.

3. To deliver to them the Ordinance concerning the County of Surrey, with the Alterations; and desire their Concurrence to the same.

4. To put them in Mind of the Earl of Nottingham's Business.

5. To put them in Mind of the Reduced Officers, concerning the Regiments of Colonel Empson, &c.

Fitchett and Kick.

Upon reading the Answer of Fitchett, concerning the Complaint of Mrs. Kirke:

It is Ordered, That the Protection of this House, formerly granted to the said Fitchett, is hereby taken off as to this Business; and the left to take her Remedy in Law, to recover her Money.

Nichols, a Pass.

Ordered, That Mr. Richard Nicholls shall have a Pass, with Thomas (fn. 3) his Servant, to go into Holland.

Mrs. Jenes & al. a Pass.

Ordered, That Mrs. Anne Jones, Eliz. Sturton, and Gordge Stowell, shall have a Pass, to go into France.

Clerke versus Burches.

Ordered, That the Inhabitants of the Parish of Woston, in the County of Bucks, shall keep their Tithes in their Hands, till Peter Burches appear, and answer his Contempt to this House.

Letter from the L. Admiral, with a List of the Fleet in The Downs; and desiring the Castles there may be repaired.

"My Lord,

The Proceedings of the Fleet, since our weighing from Lee Road, I did on Saturday last represent by Letter, from Alborough Road, to the Committee at Derby House, with my Desire that the same might be communicated to both Houses of Parliament. Since that, it hath pleased God to bring the whole Fleet safely into The Downes; and now I shall make bold to give the Trouble of this Addition.

It pleased God, notwithstanding all the Counterworkings of the Kingdom's Enemies, and the great Discouragements that occurred in this Expedition, to enable us after some Time to get the Ships (lately in the River of Thames) conveniently manned. His Power and Goodness to the Nation was further manifested, in giving to the Companies of those several Ships, Spirits unanimously to engage their Resolutions against the Common Enemies of the Kingdom at Sea, that had so wickedly departed from their Trust and Duty, whereof we had a most glorious and seasonable Experiment at that Time, when the Enemy drew near us, with a Fleet above the Proportion of that Strength we then had, to the Defeating and Disappointment of that Confidence of some, who foolishly boasted of the greatest Share and Interest in their Affection. That Mercy the same Power was pleased to second, with causing those Enemies to turn their Back, even when His Arrows were but making ready upon the String against the Face of them. And yet God rested not there; but the next Day after the Enemy's Retirement, He was pleased to bring into a happy Conjunction with us the Portsmouth Ships, whose Companies had likewise testified the same Spirit of Courage and Unanimity for the Parliament's Service. And now we are here together with the Fleet, which, for Number and Quality of Ships, and Temper of Seamen, is fitted, I hope, through the Strength of God, effectually to execute and accomplish whatever may rationally be expected from it for the Public Service. A List of the Ships I have here inclosed. And truly I may not omit to represent the Fidelity, Constancy, and Courage, of the Captains; having had no Occasion, since my coming forth, to take Notice of the least Backwardness in any of them, to pursue their Duty with their utmost Diligence.

"I shall stay here a little Time, to supply Water, Ballast, and a few other Necessaries; which being compleated, I shall, God willing, improve Time and Opportunity with all possible Advantage; not doubting but, as God hath hitherto helped us, so He will still accompany us, with His Presence, Counsel, and Blessing, and make bare His glorious Arm at Sea, as He hath done on Shore; and so make it good that He is the Strength and Confidence both of the Ends of the Earth and of them that are afar off upon the Sea.

"I shall add, that, being now upon the Place, they have considered the great Importance of getting the Castles at The Downes into a Condition of Service; the Protection of the Fleet and of Trade having such a Dependance thereupon: Of their great Ruins I am now an Eye-witness. If therefore a Course may be thought upon for their putting into Repair, and settling of an Establishment for their future Pay, it would be worthy of the Parliament's Care to direct it; which, in Discharge of my Duty, I do earnestly recommend unto them accordingly. And so, desiring God to direct and prosper all your Counsels to His Glory and the Kingdom's Settlement, I rest

Your Lordship's

Deale, the 5th Sept. 1648.

Humble Servant,

Warwicke.

"To the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore."

List of the Parliament's Fleet in The Downs.

5 Sept. 1648.

A List of the Parliament's Fleet now at The Downes and thereabouts, with the Names of the Commanders.

Letter from the King, for Dr. Duck and Reves to attend Him.

Carisbrooke, 5 Sept. 1648.

My Lord and Mr. Speaker,

I have received your Letter of the 2d of this Month, containing the Names of those who are to treat with Me. And though they do not come at the Time appointed, I shall not wonder; at first judging it so short (in respect of my Two Houses, not myself) that I did not imagine it could be kept (as I then commanded Sir Peter Killegrew to tell by Word of Mouth): And therefore it shall be far from me to take Exception for their having elapsed the appointed Time; for God forbid that either My Two Houses or I should carp at Circumstances, to give the least Impediment to this Treaty, much less to hinder the happy Finishing of it. I say this the rather, because I know not how it is possible (in this I shall wish to be deceived) that in Forty Days Treaty the many Distractions of these Kingdoms can be settled; and if so, it were more than strange that Time enough should not be given for the perfecting of this most great and good Work; which as I will not believe can be stuck on by My Two Houses, so I am sure it shall never be, by

Your good Friend,

Charles R.

I think fit to tell you (because I believe that in this Treaty there will be Use of Civil Lawyers), I have sent for my Advocate Rives, and Dr. Ducke.

"For the Lord Hunsdon Speaker of the Lords House pro Tempore; and William Lenthall Speaker of the House of Commons."

Order for 200 l. to Sir Ja. Barry.

Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be bestowed upon, and paid unto, Sir James Barry, for his present Maintenance; and that the said Two Hundred Pounds be paid unto the said Sir James Barry, the One Moiety out of the Rents and Monies coming in by the Ordinances for Fifty Thousand Pounds for Ireland, and the other Moiety out of the Arrears of the Ordinances for the Weekly Assessments for Ireland, after former Engagements upon those Ordinances first satisfied: And the Committee for the Affairs of Ireland, and all other Persons who are intrusted with the Managing and Ordering of the Monies upon those Ordinances, are hereby required to give Order for the Payment of the said Two Hundred Pounds unto the said James Barry accordingly; and the Acquittance of the said Sir James Barry shall be a sufficient Discharge to the Treasurers in this Behalf."

Lady Harcourt's Order Possession of the Estate granted to her in Ireland.

Ordered, by the Lords and Commons in Parliament assembled, That Colonel Jones, Governor of Dublin, be hereby authorized and required to put the Lady Anne Harecourt, the Relict of Sir Symon Harcourt, slain in the War of Ireland, or any Person whom she shall authorize thereunto by Warrant under Hand and Seal, into the Possession of the Lands and Estates in Corballys, [ (fn. 4) in Ireland,] in Pursuance of the Ordinance of Parliament that disposes and settles the said Lands upon the Heirs of the said Sir Symon Harcourt."

Order for 500 l. for Warcupp.

"Ordered, by the Lords and Commons in Parliament assembled, That the Sum of Five Hundred Pounds be forthwith paid unto Samuell Warcupp Esquire, or his Assignee, by the Treasurers at Gouldsmiths Hall, out of the Fine of Sir Charles Keymish; the said Samuell Warcupp having been at above Seven Hundred Pounds Charge with such Prisoners as have been committed by Order of Parliament to his Custody; and that the Acquittance of the said Samuell Warcupp, or his Assignee, shall be a sufficient Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of the said Sum of Five Hundred Pounds unto the said Samuell Warcupp, or his Assignee, accordingly."

Order for 174 l. 129. 6d. to Sir Ed. Dodsworth.

"Whereas the Sum of One Hundred Seventy-four Pounds, Twelve Shillings, and Six Pence, a Remainder of an Arrear due to Sir Edward Dodsworth, upon his Accompt, for his Entertainment in the Service of the Parliament, was respited upon the Public Faith: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Sum of One Hundred Seventy-four Pounds, Twelve Shillings, Six Pence, respited upon the Public Faith as aforesaid, in Consideration of the present and instant Necessities of the said Sir Edward Dodsworth and his Family. and for Relief thereof, be forthwith paid unto the said Sir Edward Dodsworth, or his Assignee, by the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall."

Report, &c. concerning Grosvenor's Sequestration.

"Die Mercurii, 16 Aug. 1648.

At the Committee of Lords and Commons for Sequestrations.

In the Case of Walter Grosvenor Esquire, upon the Report of Mr. Bradshawe (to whom it was referred, a Copy whereof is hereunto annexed, and attested with the Clerk's Hand of this Committee), reading the Depositions and Proofs returned from the Committee of Staffordsheir, and hearing of Counsel on the Behalf of the said Mr. Grosvenor, and long Debate of the Matter: It is the Opinion of this Committee, and so resolved, That the said Mr. Grosvener is sequestrable by the Letter of the Ordinance for Sequestration; but, in respect it doth not appear that he hath acted any Thing against the Parliament, but was driven away from his Dwelling for Fear of the Enemy, do think fit, and order, that his Case be reported to both Houses of Parliament, as a Subject fit for their Favour; and that the Right Honourable Dudley Lord North be desired to report the same to the House of Peers; and Mr. Serjeant Wyld, Mr. Pclham, or any other Members of this Committee, to the House of Commons.

"Intr. R. Vaughan. John Wylde."

"Die Martis, 29 Aug. 1648.

The Case of Walter Grosvenor Esquire, upon the Proofs returned, appears to be this.

Mr. Grosvenor, an aged Gentleman, above Sixty, in Summer 1643, living near Three of the Enemy's Garrisons (fn. 5) in Staffordsheir, and within their Power, did, for Fear of their Violence, repair to a Friend's House near Salopp, where he stayed a Month, and after that Six Weeks and Three Days in the Town of Salop, living there very privately; and then returned, (videlicet,) upon the 25th of July, 1643, to his own Home, where he hath continued ever since; no Proof at all being of any Acting or ill Office by him against the Parliament; but certified, that, in August 1643, he advanced Fifty Pounds to the Parliament's Use, upon their Propositions, and ever duly paid all Contributions and Taxes.

Whereupon, this being his Case, upon his Appeal to the Lords and Commons for Sequestrations, they have thought fit to recommend him to the Two Houses, as a Subject fit for their Favour.

Intr. R. Vaughan. Hen. Pelham."

Depositions of Witnesses produced on the Behalf of Walter Grosvenor, of Bisbury, in the County of Stafford, Esquire, taken at Stafford, the 6th Day of July, 1648, before the Committee for Sequestrations for that County.

"William Foster the Younger, of Ford Houses, in the County of Stafford, Husbandman, deposeth, That, upon the 25th Day of July, 1643, the said Walter Grosvenor, having formerly been in the Town and Garrison of Shrewsbury, then kept for the King, came the same Day unto the House of William Scott, of Colford Grange, Gentleman, which is Fourteen Miles from Shrewsbury, where he remained some few Days; and that, after the said 25th Day of July, the said Walter Grosvenor never returned unto, or lived within, the said Town, or Garrison of Shrewsbury, nor never was in Arms, or acted against the Parliament, as he very believeth; and the Premises this Deponent knoweth to be true, for that he then was a Household Servant, and did many Times wait and attend upon the said Mr. Grosvenor: And this Deponent verily believeth, the Cause that induced the said Mr. Grosvenor to leave his House was, for Fear of the King's Soldiers, there being then Three Garrisons of the King's about him, and the furthest not above Six Miles distant; and but One of the Parliament's, which was Nine Miles from his Master's House.

"William Forster."

"William Scott, of Colford Grange, in the County of Salopp, Gentleman, sworn and examined, deposeth, That he doth very well remember, that the said Walter Grosvenor having been, as he himself acknowledgeth, in the Town of Shrewsbury, then the King's Garrison, came to this Deponent's House, which is Fourteen Miles from the said Town, upon the 25th Day of July, 1643, where he remained some few Days; and verily believeth he never afterwards returned to the said Town, and also believeth that he never was in Arms, or acted against the Parliament.

"Wm. Scott."

"Ann, the Wife of the said William Scott, sworn and examined, deposeth, That she doth very well remember, that the said Mr. Grosvenor having been, as he himself acknowledged, in the Town of Shrewsbury, then the King's Garrison, came unto this Deponent's Husband's House (which is Fourteen Miles from the said Town), upon the 25th Day of July, 1643, where he remained some few Days; and verily believeth, he never afterwards returned to the said Town; and also believeth, that the said Mr. Grosvenor never was in Arms or acted against the Parliament.

"Anne Scott."

"William Creswell, of Mosely, in the County of Stafford, Husbandman, sworn and examined, deposeth, That, since the 25th Day of July, 1643, the said Walter Grosvenor never returned nor was at Shrewsbury, nor ever bore Arms, or acted against the Parliament; and believes, that the Cause wherefore he went from his House was, for Fear of the King's Soldiers, Dudley Castle being distant from him Five or Six Miles, Rushell House Four Miles, and Chillington House Three Miles, and all of them Garrisons for the King at that Time; and the Parliament having but One, to wit, Stafford, which was Nine Miles from him.

"The Mark of (M Wm. Creswell."

Edmund Ashenburst, of The Old Parke, near Dudly, in the County of Stafford, Gentleman, sworn and examined, deposeth, That he hath seen a Letter from His Majesty, directed to Colonel Leveson, Governor of Dudly Castle, to call many Staffordsheir Gentlemen to aid and assist Him against the Parliament; amongst whom the said Mr. Grosvenor was One of the Gentlemen that was to be called in, as he verily believeth; and is persuaded that the said Mr. Grosvenor did not go to the said Colonel Leveson, or ever acted against the Parliament, for that he did never hear that he did at any Time act against them; and if he had, he presumes he should have heard of it, living so near the Castle as he doth and did.

"Edmund Ashenhurst."

Margarett Grosvenor, Wife of Walter Grosvenor, aforesaid, sworn and examined, deposeth, That she hath seen a Letter from Colonel Leveson, in His Majesty's Name, to require divers Gentlemen to be aiding and assisting to the said Colonel Leveson; and amongst the rest her Husband was One of them: But she denies that ever he went to Dudley Castle upon that Letter, or ever acted against the Parliament, save only in his going to Shrewsbury, which was, as she believes, for Fear of the King's Soldiers about him. And further deposeth, That, during his Absence from his own House, he did voluntarily advance Fifty Pounds to the Committee of the County of Stafford, for the Parliament's Service.

"Margarett (M. G.) Grosvenor.

"Vera Copia, ex'r per me, R. Vaughan, Cler. Com."

Right Honourable,

In Obedience to your Command, we have given Mr. Walter Grosvenor of Bushbury, in our County, the Heads of his Charge concerning our sequestering of his Estate; which was, the leaving of his House at Bushbury aforesaid, the usual Place of his Abode, and living in the King's Garrison of Salop; which we came to the Knowledge of by his own Consession, and is all the Charge we have aginst him. He hath produced some Witnesses on his Behalf, to shew the small Time he stayed in Salop, and the Causes wherefore he went from his House; whose Depositions we have here inclosed sent to you; and do leave the Proceedings herein to your Consideration, and rest

Stafford, 6th of July, 1648.

Your Honours Most humble Servants,

Phil. Jackson.

Hen. Stone.

Edw. Broughton.

Tho. Pudsey.

For the Right Honourable the Committee of Lords and Commons for Sequestrations. These.

Vera Copia, ex'r per me,

"R. Vaughan, Cler. Com."

The 23th of August, 1643.

"Received, the Day and Year above written, of Walter Grosvenor, of Bushbury, in the County of Stafford, Esquire, the Sum of Fifty Pounds, in Goods and Money, which he advanceth in Part upon the Propositions, according to the Ordinance of Parliament: Wherefore we desire all Captains, Officers, and Soldiers, which serve for the King and Parliament within this County, that they forbear to molest the Person, or plunder the Goods, of the abovesaid Walter Grosvenor.

"Vera Copia."

To the Honourable Committee for Compositions with Delinquents, sitting at Gouldsmiths Hall.

We, whose Names are under-written, at the Request of Walter Grosvenor, of Bushbury, in the County of Stafford, Esquire, do certify, That, at the Beginning of these Times, as he hath acknowledged, he did sometimes, for Fear of the Violence of Soldiers, leave his House, and went to a Friend's House near the Town of Salopp; and from thence, after a Month's Stay, he went to the Town of Salop, where he abode for the Space of Six Weeks and Three Days, and no more (during which Time, as we are credibly informed and verily believe, he lived very privately, and never bore any Arms, being aged Sixty-five Years); neither did he give any Advice or Council to the Enemy: Neither have we at any Time received any Information that he hath done any ill Office against us; but hath from Time to Time duly paid all such Contributions, Taxes, and Payments, as have been imposed upon him, ever since his Return to his own House; which is now more than Three Years since, as by several Receipts and Acquittances shewed unto us doth plainly appear. All which (as it is attested by his Affidavit hereunto annexed) so it is credibly believed of us to be true; which we leave to your grave Considerations, and rest

Dat. Nov. 18th, 1648.

Your loving Friends,

Michaell Noble.
J. Swinfen.
Sam. Terricke.
Sym. Rudgley.
Tho. Pudsey.

I am informed, by a Gentleman whom I dare credit, that this Certificate is true.

Edward Leigh.

"Vera Copia."

Order for 50 l. to Mrs. Nicholson.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be forthwith paid, upon Accompt, unto Dorothy Nicholson, the Wife of Captain Lieutenant Edward Nicholson, deceased, in Part of his Arrears; and that the said Fifty Pounds be forthwith paid unto the said Dorothy Nicholson, or her Assignee, for the present Relief of her and her Family, and for the Interment of her said deceased Husband, by Order of the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall: And the present and instant Necessities of the said Dorothy Nicholson and her Family are especially recommended to the Consideration of that Committee."

Burton to be instituted to Kirk Dighton;

Ordered, That Doctor Bennett give Institution and Induction unto Ricahrd Burton Clerk, Master of Arts, and Fellow of Trinity Colledge in Cambridge, unto the Rectory of Kirke Deighton, in the West Riding, in Com. Yorke, void by the Death of the last Incumbent; salvo Jure cujuscunque: The University of Cambridge, Patron.

Kaye to Heath;

Ordered, That Doctor Aylett give Institution and Induction unto Thomas Kay Clerk, Master of Arts, to the Rectory of Heath, in the County of Derby, void by the voluntary Cession of Ciprian Banbury, the late Incumbent; salvo Jure cujuscunque: Presentation under the Hand and Seal of Wm. Earl of Devonsheir, Patron.

Sanderson to Egton;

Ordered, That Doctor Bennett give Institution and Induction unto Roger Sanderson Clerk, Master of Arts, to the Vicarage of Egton, in the County of Bedds, void by the Death of John West Clerk, the last Incumbent; salvo, &c. Presentation of Trinity Hall, in Cambridge.

and Potter to Sturton.

Ordered, That Doctor Bennett give Institution and Induction unto Nath. Potter Clerk, Master of Arts, to the Rectory of Sturton, in Com. Warr. salvo Jure, &c.: Presentation under the Great Seal.