House of Lords Journal Volume 5: 13 September 1642

DIE Martis, videlicet, 13 Septembris.

PRAYERS.

Lord Grey de Warke was this Day Speaker.

E. of Berks to be heard.

Ordered, That the Earl of Berks shall be heard To-morrow Morning.

Several Lords to attend.

Ordered, That the Earl of Suffolke, Earl Exon, Lord Dacres, Earl Rutland, shall have Notice sent them, to attend this House.

Gentleman Usher sent to the Messenger, for a Message he brought from the King.

The House being informed, "That a Message was brought from the King;" the Gentleman of the Black Rod was appointed to receive it of the Messenger, and bring it into the House; which accordingly he did, and delivered it to the Speaker, who acquainted the House therewith; and then it was Ordered to be opened, and read, in hæc verba: videlicet, (Here enter.)

King's Letter to the Speaker.

"CHARLES Rex.

Right Trusty and Well-beloved, We greet you well. Our Will and Pleasure is, That you forthwith deliver, to be read in Our House of Peers, and afterwards communicated to Our House of Commons, Our Message sent inclosed; and for so doing, this shall be your Warrant.

"Given at Our Court at Nottingham, this 11th Day of September, 1642.

"To Our Right Trusty and Well-beloved the Speaker of Our House of Peers."

Message from the King to both Houses, for conciliating Differences.

"We have taken most Ways, used most Endeavours, and made most real Expressions, to prevent the present Distractions and Dangers. Let all the World judge, as well by former Passages, as by Our Two last Messages, which have been so fruitless, that, though We have descended to desire and press it, not so much as a Treaty can be obtained, unless We would denude Ourself of all Force, to defend Us from a visible Strength marching against Us, and admit those Persons as Traitors to Us, who, according to their Duty, their Oaths of Allegiance, and the Law, have appeared in Defence of Us, their King and Liege Lord (whom We are bound in Conscience and Honour to preserve); though We disclaimed all Our Proclamations and Declarations, and the Erecting of Our Standard, as against Our Parliament: All We have now left in Our Power is, to express the deep Sense We have of the Public Misery of this Kingdom, in which We involved that of Our distressed Protestants of Ireland, and to apply Ourself to Our necessary Defence, wherein We wholly rely upon the Providence of God, the Justice of Our Cause, and the Affection of Our good People; so far We are from putting them out of Our Protection. When you shall desire a Treaty of Us, We shall piously remember whose Blood is to be spilt in this Quarrel, and chearfully embrace it. And as no other Reason induced Us to leave Our City of London, but that with Honour and Safety We could not stay there, nor (fn. 1) to raise any Force, but for the necessary Defence of Our Person and the Law, against Levies in Opposition to both; so We shall suddenly and most willingly return to the one, and disband the other, as soon as those Causes shall be removed. The God of Heaven direct you, and in Mercy divert those Judgements which hang over this Nation, and so deal with Us and Our Posterity as We desire the Preservation and Advancement of the true Protestant Religion, the Law, and the Liberty of the Subject, the just Rights of Parliament, and the Peace of the Kingdom."

Committed to the Committee of Safety.

Ordered, That the Consideration of this Message shall be committed to the Committee for the Safety of the Kingdom; and that it shall be communicated to the House of Commons.

Message from the King, &c. to be printed.

Ordered, That the King's last Message, and the Answer of both Houses, together with His Majesty's Reply brought this Day, shall be printed and published.

Message from the H. C. for restraining the Prisoners in The Tower;

A Message was brought from the House of Commons, by Sir Christopher Yelverton:

That the House of Commons are informed, "That there is great Resort to the Prisoners that are in The Tower;" therefore the House of Commons desire that their Lordships would think of some Course, that they may be under a stricter Restraint.

Ordered, To be considered of by the Committee for the Safety, what Prisoners in The Tower are fit to have a Restraint put upon them, and who not.

Captain Legg to be close Prisoner;

2. (fn. 2) The House of Commons desires that Captain Legg may be close Prisoner, and none (fn. 3) be suffered to come unto him.

Agreed to.

with an Order for Payment of Arrears to Sir William Ogle.

3. The House of Commons desires their Lordships Concurrence for the Payment of Three Hundred and Seven Pounds to Sir Wm. Ogle, being his Arrears. (Here enter it.)

Agreed to.

L. Wilmot to remain in Custody, for fortifying Oxford, and executing the Commission of Array there.

Information being made to this House, "That the Lord Viscount Wilmott being committed to the Custody of the Gentleman Usher, by the Committee for the Safety, for being active in designing the making of Fortifications in the City of Oxford, and encouraging divers to put the Commission of Array into Execution:" It is Ordered, That he shall be continued in the Custody of the Gentleman Usher, until the Pleasure of this House be further known.

Message to the H. C. with the King's Message.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To deliver the King's Message unto them; and to let them know, that this House hath referred the same to the Consideration of the Committee for the Safety of the Kingdom, and desire them to Order the like.

The Answer returned was:

Answer.

That the House of Commons will send an Answer, by Messengers of their own.

Checkley sent for, for threatening to seize the King's Venison in Windsor Parks.

Upon Information given this Day, "That one Checkley hath sent, in an insolent Way, to the Keepers of His Majesty's Parks at Windsor, to send him Venison; or else he will come with Company, and fetch some:" It is Ordered, That the Gentleman Usher, or his Deputies, shall attach the Body of the said Checkley, and bring him before this House, to answer the said Insolency, and what he shall be charged with.

Message from the H. C. with Deputy Lieutenants Names for Lincoln;

A Message was brought from the House of Commons, by Sir Wm. Armyn:

To desire their Lordships Concurrence, that Sir John Brownlow, and Sir Wm. Brownelow, Baronets, Tho. Grantham, and Tho. Lister, Esquires, may be Deputy Lieutenants for the County of (fn. 4) Lyncolne.

Ordered, That this House agrees with the House of Commons in the Nomination of the aforesaid Deputy Lieutenants.

2. The House of Commons desires their Lordships Concurrence in an Order concerning the Earl of Antrim: videlicet,

with an Order for the E. of Antrim to be kept in Ulster.

It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, notwithstanding the former Order of the 19th of July, from the Commissioners for the Affairs of Ireland, concerning the sending the Body of the Earl of Antrim unto the Parliament, That the Commissioners of this Kingdom, appointed to treat with the Commissioners of Scotland, be desired to move those Commissioners, that Order may be given to those that command in chief the Scottish Army in Ulster, to keep there in safe Custody the Person of the said Earl of Antrim, until the Parliament shall take further Order concerning him."

Ordered, That this House agrees with the House of Commons in this Order.

English Commissioners to treat with the Scots for it;

Ordered, That the English Commissioners shall treat with the Scotts Commissioners, that the Earl of Antrim may be kept in safe Custody, until such Time as the Parliament shall send for him to be brought over into England; and that he be delivered to such Persons as shall be appointed by the Parliament; and to be communicated to the House of Commons, to desire their Concurrence herein.

and with a Letter from Sir John Byron to Mr. Clarke, and a Declaration upon it.

3. The House of Commons presented to this House a Copy of a Letter, written by Sir Jo. Byron, to Mr. Clarke, of Croton, in North'tonshire, desiring Concurrence in a Declaration concerning the same. (Here enter.)

Ordered, That this Letter and the Declaration shall be forthwith printed and published.

Declaration that 8d. per Diem is a Soldier's Pay, and to punish those who mutiny against it.

The House being informed, "That divers Regiments of Soldiers do mutiny, demanding Five Shillings a Week Pay:" It is Ordered, and thought (fn. 5) fit, That a Declaration be drawn and published, to declare That Eight Pence per Diem is the Pay settled by the (fn. 6) Parliament for the Soldiers; and whosoever shall make any Mutiny for more Pay, it shall be accounted a Disturbance of the Peace, and punished accordingly.

Committee to draw it up.

Ordered, That the Lord Wharton and the Lord Brooke are appointed to draw up a Declaration to this Effect, and present the same to this House; and then to communicate it to the House of Commons.

E. of Berks to be heard.

Upon the humble Petition of the Earl of Berks, "That he may be either heard, or have Leave to be at his own House, upon Bail:" It is Ordered, That he shall be brought to this House To-morrow Morning, at Ten of the Clock; and then this House will hear him.

The Petition of the Earl of Carlile was read, as followeth:

E. of Carlisle's Petition, to be either heard or bailed.

"To the Right Honourable the Lords now assembled in the House of Peers in Parliament.

"The humble Petition of the Earl of Carlile; who, being by your Lordships Commands committed to The Tower, humbly beseecheth that your Lordships would be pleased to take him into your Consideration, for a speedy Day of Hearing; or that, if your Lordships more serious Affairs shall not permit that, yet, in regard your Petitioner finds the Air of this Place very prejudicial to his Health, that you would be pleased to give him his Enlargement upon Bail, to attend your Lordships Commands at any Time, upon reasonable (fn. 5) Notice.

"Which will oblige

"Your Petitioner to pray, &c.

"J. Carlile."

To be heard.

Ordered, That the Earl of Carlile shall be brought to this House on Monday Morning, by Ten of the Clock.

Next, the Petition of Barth. Hone was read, in bæc verba: videlicet,

Hone's Petition to be heard or bailed.

"To the Right Honourable the Lords now assembled in Parliament.

"The humble Petition of Barthol. Hone,

"Sheweth,

"That Your Petitioner having, by your Lordships Order, been for the Space of One Month committed Prisoner to The Tower, and hath not as yet been called to his Answer:

"He humbly desires your Lordships Favour, that he may either be heard, or that, upon his reasonable Bail for his Appearance at Three Days Warning, he may have Liberty to return Home, to attend his important Affairs (fn. 7) concerning his Estate, which greatly suffer by reason of his Imprisonment.

"And your Petitioner shall pray, &c.

"Barthol. Hone."

To be heard.

Ordered, That Mr. Hone shall be brought before this House, and be heard, on Thursday Morning next, at Ten of the Clock.

"Die Martis, 13 Septembris, 1642.

Order for 307 l. to Sir Wm. Uvedall, for Sir Wm. Ogle's Artears.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Receivers, appointed to receive the Monies that come in upon the Bill of Four Hundred Thousand Pounds, do forthwith pay unto Sir Will'm Uvedall, late Treasurer at Wars, the Sum of Three Hundred and Seven Pounds, which appears, by Certificate from Sir Wm. Uvedall, to be due unto Sir Wm. Ogle, Knight, and Colonel, a Member of the House of Commons, for the Arrears for his Personal Entertainment in the late Northern Expedition, and for his Waggon-money; and that the said Sir Wm. Uvedall do pay over the said Monies, so appearing to be due, unto the said Sir Will'm Ogle, or his Assigns.

"H. Elsynge,

"Cler. Parl. Dom. Com."

Sir John Byron's Letter to Mr. Clark, that he was attacked at Brackley; and desiring Restitution of a Box of Valuables, that he supposes to be in his Hands.

"SIR,

"In my Way to Oxford, I made some Stay at Brackley, to refresh myself and my Horses after a long March, where I was unexpectedly assaulted by sundry Troops of Rebels, that came (as I am since informed) from Northampton and the adjoining Places, and withall most treacherously set upon by the Town of Brackley; so that I was forced to make a speedy Retreat to the Heath, to resist them, had they had the Courage to come forth of the Town: In this Confusion, One of my Grooms, who had Charge of my Baggage, was surprized in the Town; another, who had a Box, wherein was Money, Apparel, and other Things of Value, left it in a Land of Standing Corn, which since hath been found, and, as I hear, brought to you. I have therefore sent this Messenger, to require the Restitution of it; which if you do, I shall represent it to His Majesty as an acceptable Service; if not, assure yourself, I will find a Time to re-pay myself with Advantage out of your Estate; and consider, that, as Rebellion is a Weed of a hasty Growth, so it will decay as suddenly; and that there will be a Time for the King's loyal Subjects to repair their Losses sustained by Rebels and Traitors. So I rest, in Expectation of a speedy Answer by this Bearer,

Oxford, 2 Sept. 1642.

"Your Friend and Servant,

"John Byron.

(fn. 8) "To Mr. Clarke, at Craughton, near Brakeley, in North'tonshire."

Indemnity for those who attacked Sir John Byron.

"Whereas Sir John Biron, Knight, upon the 28th of August last, with divers Troops of Horse, in a Traiterous and Warlike Manner, did march into the County of North'ton, with an Intention to kill, rob, and spoil, His Majesty's Subjects, in that and other Counties, to the great Terror and Affrightment of the Inhabitants of those Parts; whereupon divers of His Majesty's loyal and well-affected Subjects of the said County, according to their Duty, did assemble themselves together, and pursue the said Traitors and Rebels, and apprehended divers of them, and routed the rest, whereby their Traiterous Designs were for that Time prevented; since which Time, the Remainder of those Troops that escaped joined again in a Body, and, in Manner as before, forcibly entered the City of Oxford, and plundered, robbed, and spoiled, His Majesty's faithful Subjects there, and forced divers to leave their own Habitations, and to fly elsewhere, for Protection from their Fury: And whereas the Lords and Commons have been since informed, That the said Sir John Byron, the Head and Ringleader of those Traitors, in a presumptuous and insolent Way, wrote a Letter to one Mr. Clark, of Croughton, a Gentleman of Quality in the said County of North'ton, a Copy whereof is hereunto annexed, whereby most falsely and impudently he presumes to stile the faithful and dutiful Service of His Majesty's good Subjects, in apprehending and chasing the said Rebels, by the Name of Treachery and Rebellion, endeavouring to transfer that odious Crime and Title, due unto himself, to them, and using divers menacing Speeches against Mr. Clarke and others, thereby, as much as in him lieth, to deter His Majesty's good Subjects from resisting him and his Associates in their Traiterous Attempts: The Lords and Commons, taking the same into their Consideration, do Declare, That the assembling together of the said Inhabitants of the County of North'ton, and their pursuing, apprehending, and chacing the said Rebels, was according to the Laws of the Land, and the Duty they and all good Subjects owe to the King and Commonwealth, and a Service very acceptable to both Houses of Parliament, who will take them, and all others that shall follow their good Example, into their Care and Protection."

(fn. 9) "Die Lunæ, 12 Septembris, 1642.

Order for the E. of Antrim to remain in Ulster.

"It is this Day Ordered, by the and Commons in Parliament assembled, That, notwithstanding the former Order of the 19th of July, from the Commissioners for the Affairs of Ireland, concerning the sending the Body of the Earl of Antrim unto the Parliament, That the Commissioners of this Kingdom, appointed to treat with the Commissioners of Scotland, be desired to move those Commissioners, that Order may be given to those that command in chief the Scottish Army in Ulster, to keep there in safe Custody the Person of the said Earl of Antrim, until the Parliament shall take further Order concerning him."