House of Lords Journal Volume 6: 27 June 1643

DIE Martis, 27 die Junii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Dr. Chovart, a Pass.

Ordered, That Doctor Isaac Chovart, with his Servant and Horses, shall be permitted to go to Mrs. Rogers, at Blanford, in Dorsetshire.

Martin, E. of Holland's Servant, arrested.

Delinquents sent for.

Upon Information by the Earl of Holland, "That Ralph Martin, menial Servant to his Lordship, is arrested, contrary to the Privilege of Parliament:"

Hereupon this House (fn. 1) Ordered, That the said Ralph Martin shall be forthwith (fn. 2) released; and Marrott the Bailiff, and Webb the Creditor, shall be sent for, as Delinquents, to answer the said Contempt.

Delinquents sent for, for plundering the House and Stables of the E. of Bridgewater.

Upon Information to this House, "That divers Soldiers and Commanders have seized upon the Horses, and abused the House, of the Earl of Bridgwater, at Ashridge:" It is Ordered, That the Persons offending shall be sent (fn. 3) for, to prove the Fact; and then this House will take further Order herein.

Doughty and Overman in Error.

Ordered, That the Writ of Error between Dowty and Overman shall be argued at this Bar on Thursday Morning next, peremptorily.

Message from the H. C. for a further Conference about the King's Proclamation.

A Message was brought from the House of Commons, by Mr. Hatcher:

To desire a Free Conference, so soon as it may stand with their Lordships Conveniency, concerning the Matter of the late Conference, about the Proclamation.

The Answer returned was:

Answer.

That their Lordships will give a present Free Conference, in the Painted Chamber, as is desired.

Delinquents sent for, for destroying the Woods in Windsor Forest.

The Earl of Holland informed this House, "That divers Persons have made Destruction of the Woods, in the Forest of Windsor; and, if some speedy Course be not taken, the Woods will be utterly destroyed:" Hereupon this House Ordered, That the Persons whose Names the Earl of Holland shall give in, shall be sent for, to answer the said Offences.

Papers relating to Scotland, and Instructions to Mr. Corbett going there.

Next, was read the Declaration to be sent into Scotland, by Mr. Corbett; and it was Agreed to, with a small Alteration.

Next, the Instructions to Mr. John Corbett were read. (Here enter them.)

Next, the Letter of Credit for Mr. Corbett was read, and Agreed to. (Here enter it.)

Next, a Letter to the Council of Scotland was read, concerning the Earl of Antrim, &c. (Here enter it.)

Agreed to.

Message to the H. C. that the Lords agree to them.

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

To let the House of Commons (fn. 4) know, that their Lordships do agree to the Declaration to be sent into Scotland, with a small Alteration; and likewise do agree to the Instructions and Letters touching the Affairs of Scotland.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ld. Berkely's Servant, a Pass.

Ordered, That a Servant of the Lord Berkeley's shall have a Pass, to go to Berckley Castle, and return again to London.

Answer from the H. C.

The Messengers return Answer from the House of Commons:

That they do agree to the Declaration to be sent into Scotland, with the Alterations made by their Lordships.

Capt. Pile to remain in Custody, till he restores the Countess of Bath's Horses.

Captain Pile was called in, to know by what Warrant he took the Countess of Bath's Horses. He said, "He took them by the Warrant of Colonel Marten."

But it appeared, upon Proof, that Colonel Marten sent him Order to restore them, but he refused to deliver (fn. 4) them. Hereupon this House Ordered, That the said Captain Pile shall be kept in the Custody of the Gentleman (fn. 4) Usher, until he hath restored the Horses.

Sir John Clatworthy to speak with Ld. Conway.

Ordered, That Sir John Clattworthy shall be permitted to speak with the Lord Viscount Conway, touching Business concerning Ireland.

The Speaker reported the Effect of the late Conference; which was,

Report of the Conference, concerning an answer to the King's l. to Proclamation.

"That the House of Commons have considered of their Lordships Sense, delivered at the late Conference, touching the King's Proclamation, wherein they agree with their Lordships in every Particular; and, as they apprehend their Lordships Intentions to be real in what they have Resolved, so the House of Commons desires that their Lordships would make good those their real Intentions, by real Demonstrations, that it may appear so to the Kingdom.

"And, to the End their Lordships may the better carry their Resolutions on, and have the fitter Means of Support for the same, the House of Commons have thought it fit to offer some Particulars to their Lordships Consideration:

"1. That their Lordships would please to join with the House of Commons, in the Proposition for the making of a new Great Seal, to prevent the Abuses of it, both in regard of the Abuses of the Great Seal, as sealing the Commission of the horrid Design against the Parliament and the City of London; and also because, by the making of a new Great Seal, Justice shall be the better administred to the Kingdom, and the People will be more dependent upon the Parliament; whereas now they are forced to go to Oxford for the Dispatch of their Affairs, which otherwise they would not; and also their Lordships will be the more enabled to do that for the Maintenance of the Parliament and the Freedom and Liberty thereof, which otherwise they will not.

"2. The House of Commons desires their Lordships to give Order, That Proclamation may issue out to summon the Queen, to answer the Impeachment, ac cording to the Articles: And the House of Commons make this Observation, Though the King's Councils have flown very high in the Contempt of this Parliament, yet they never presumed to declare it to be none till the Queen was impeached: Therefore the House of Commons think it fit to proceed against Her, to shew their Love to Justice; and to let them see, that the Parliament shrinks not from their Duty, notwithstanding this Proclamation; and also because the World may see what Reason they have to charge the Queen; and that those that have Dependence on the Queen's Way, Designs, and Counsels, may be weakened, and deterred from their Dependence on Her, and acting Her Commands.

"3. To take off the Impression which this Proclamation may make in Foreign Parts, the House of Commons desires their Lordships to send the Committees into Scotland speedily, and to resolve to send an Agent abroad to other States, whereby the Imputations will be taken away, which are laid upon the Parliament by the King's Ministers; also that the Aid expected by the King from Foreign Parts may be prevented; and Trade secured, which they have endeavoured to molest.

4. To desire their Lordships will take into Consideration the Two Ordinances sent up to them by the House of Commons:

Concerning the Ordinances, for stopping the Communication between Oxford and London, and for raising Horses.

"The First, concerning Intelligence with Oxford and the King's Army.

"The other concerning the listing of Horses.

"1. That the Freedom of Intercourse hath been a Means to supply the King both with Money and Arms.

"2. That it gives Opportunity to make great Factions in the City, to corrupt the well-affected to the Parliament, and to effect many dangerous Practices and Conspiracies, to the Hazard of the whole Kingdom.

"3. It acquaints the Enemy with all our Designs, Preparations, and Convoys.

"4. It is contrary to all Rules and Grounds of War.

"Concerning listing of Horses, it will be a Means to furnish the Parliament with a Body of Horse upon all Occasions, to preserve the City, and to inforce the Army.

"5. The House of Commons conceive that the King, by the Proclamation, as far as in Him lies, hath disabled the Parliament to offer any Petition, and present any humble Advice to Him, as in the Quality of both Houses of Parliament; and that He will not receive any such in that Capacity: Which Consideration the House of Commons present to their Lordships, as an Answer for not joining with their Lordships in that Petition which their Lordships proposed to them to be delivered to the King for Peace, which yet depends unpassed.

"6. The House of Commons desire their Lordships to join with them, that an Oath be drawn, to be taken by all Commanders and Officers in the Army and the Fleet, and by all Keepers of Forts and Castles, and by other Public Officers, whereby they shall be bound to maintain and defend the Two Houses of Lords and Commons in this present Parliament, and faithfully to discharge the Trust committed to them by the Two Houses, against all other Authority whatsoever."

The House taking this Conference into Consideration; Ordered, That the Committee, videlicet,

Committee to draw up a Declaration in Answer to the King's Proclamation.

The Earls of Northumberland,
Pembrooke,
Holland, and the
Lord Viscount Say & Seale,

Shall meet with the Committee of the House of Commons on Thursday next, in the Afternoon, in the Prince's Lodgings, to draw up the Declaration upon the Proclamation.

Committee to consider of an Ordinance for raising Horses.

And touching the listing of Horses, this House (fn. 5) agreed that the Thing should be done, but not in that Way as the Ordinance is now drawn up; therefore appointed the Earls of Northumb. Pembrooke, Holland, Manchester, Bollingbrooke, the Lord Viscount Say and Seale, and the Lord Wharton, to meet this Afternoon, to consider of the drawing of an Ordinance for this Purpose.

Ordinance for stopping the Communication between Oxford and London rejected.

And touching the Ordinance to prevent the Intelligence, and sending of Letters to the King's Army, the House thought fit to agree to their former Resolution of rejecting it; and Ordered, That a Committee shall be appointed, to draw up some Reasons to be offered to the House of Commons for the same.

Message to the H. C. to acquaint them with these Matters.

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

To let them know, that their Lordships have appointed a Committee of Four Lords, to meet with a Committee of the House of Commons, to draw up a Declaration to the Kingdom, upon the King's late Proclamation, and concerning drawing up an Oath to be taken by the Officers and Commanders of the Army and Forts, &c.

Letter from both Houses to the Estates of Scotland.

"We, the Lords and Commons assembled in the Parliament of England, cannot doubt but our Brethren, the Estates of the Kingdom of Scotland, will duly consider with what Difficulties, Miseries, and Distractions, we are (fn. 6) inforced daily to wrestle, even for the Life and Being both of the Church and State, whereby our Endeavours and Means are diverted from many Occasions much importing the Honour and Safety of this Kingdom; amongst which we take it for a great Unhappiness and Inconvenience, that we cannot so speedily and readily send our Committees to the Kingdom of Scotland as we intended, and very earnestly desired, to treat and conclude those Matters which concern both Kingdoms, in respect of the Scottish Army now employed for our Assistance in Ireland, and the Satisfaction of the Arrears due to them, and the other Debts for which we stand engaged to that State, and for other Matters concerning the Good of both Kingdoms; in which notwithstanding we have been interrupted, by the manifold dangerous Practices late discovered, which required a present Inquisition and Prevention, yet, in the Midst of all our Distempers, we are Resolved that some Members of both Houses of Parliament shall forthwith be sent into Scotland, for the Purposes abovementioned, and with all possible Speed to prepare such Instructions as will be necessary in that Behalf; and, in the mean Time, have sent this Bearer, John Corbett Esquire, to acquaint our Brethren with our present State and Condition, and to inform them truly of the Grounds of our Proceedings, that all Misapprehensions and Aspersions may be taken off and removed; which we doubt not will, by the Malice and Subtlety of our Enemies, the evil Counsellors about his Majesty, be endeavoured to be cast upon us: We have likewise commanded Mr. Welden, now residing with you, and this Gentleman, to present to the States of that Kingdom a Declaration sent by us to the Lords of Secret Council in November last, the Answer whereunto we have since forborn to press, both in regard we conceived it could not be effectually made but by the Assembly of the Estates; and we have been for the most Part entertained with Treaties and Propositions, out of which we had some Hope a happy Peace might have been produced; wherein being frustrated by the prevailing Party of Papists and other ill-affected Persons about the King, we have great Cause to commend it to the Christian Wisdom and Brotherly Affection of the Scottish Nation and State, to consider how, by their concurrent Advice and Assistance, the Faction of Papists, Bishops, and other Malignants of this Kingdom, may be suppressed, the Ruin of Religion and Liberty here prevented, and thereby their own enjoying of both the better preserved and established.

"Towards the effecting whereof, we conceive it will very much conduce, that, by the Consultation and Advice of the Assembly of Divines, intended to be had here upon the First Day of July next, the Reformation in Church Discipline and Ceremonies, so much longed for by us, may be agreed and confirmed; and having been invited, by Public Letters from the (fn. 7) General Assembly of the Church of Scotland, and Lords of the Secret Council, to a nearer Union with those Churches in Matters concerning Religion and Church Government, we do with the more Confidence desire and expect that some Godly and Learned Divines may be sent from thence, who may assist in that Assembly, for the accomplishing a Work so much tending to the Honour of God, the Happiness, Peace, and more firm Conjunction, of both Nations; and therefore do likewise very earnestly commend the same to the Judgement and Resolution of the Estates of Scotland."

"Instructions agreed on by the Lords and Commons in Parliament, for John Corbett Esquire, sent into the Kingdom of Scotland by them.

Instructions for Mr. Corbett, going to Scotland.

"1. You shall, with as much Expedition as may be, repair to Edenborough, or any other Part of the Kingdom of Scotland, as the Condition of the Affairs wherewith you are trusted shall require.

"2. You shall deliver the Declaration of the Two Houses, with such Letters as are committed to your Charge, according to their several and respective Directions; and you shall prosecute and solicit the Business therein contained, in such Manner as shall be most agreeable to the Orders and Intentions of both Houses.

"3. You shall be careful to clear the Proceedings of Parliament from the false Suggestions and Aspersions which by any disaffected Persons shall be cast upon them; and, to that Purpose, you shall diligently pursue the Declarations, Petitions, and Remonstrances, made in Answer of divers ignominious Slanders, published in the Name and on the Behalf of the King; and out of the Remonstrances you shall give such particular Satisfaction as shall be requisite.

"4. You shall use all good Means to preserve entire the Correspondency and mutual Confidence betwixt the Two Kingdoms of England and Scotland, and diligently observe what Persons or Things do give any Impediment thereunto; applying your Judgement and Endeavours to the Removal of such Impediments.

"5. You shall from Time to Time give speedy Advertisements to the Lords and Commons in Parliament, of your own Proceedings, and of all Accidents and Occurrents which have any Relation to the State of this Kingdom, or to the Negociation and Affairs committed to you; and you shall observe all such further Directions and Instructions as you shall receive from them.

"6. You shall confer and advise with Michael Welden Esquire, concerning all Matters committed to your Charge; and you shall proceed in the Prosecution of them jointly or severally, as you shall see Cause.

"7. You shall have Liberty to stay there, or to go into Ireland, or to return Home, as you shall see most conduceable to the Good of this Kingdom, and the Success of the Affairs committed to you."

Letter of Credence for Mr. Corbett.

"Whereas the Lords and Commons in Parliament have sent Mr. John Corbett into the Realm of Scotland, for the Prosecution of divers Businesses with the State of that Kingdom there assembled, as likewife unto the General Assembly of the Church, the Commissioners for Conservation of the Peace betwixt the Two Nations, the Lords of the Secret Council for that Kingdom; we are commanded, in the Name of both Houses of Parliament, to desire that, by all those whom it doth concern, full Credit may be given to the said Mr. Corbett, in propounding and soliciting the Business committed to his Care, either by himself, or conjoined with any other authorized by the Two Houses in that Behalf; and we doubt not but Mr. Corbett will faithfully and carefully discharge whatsoever Trust both Houses have put in him, and fully answer that Credit which shall be given to him."

Letter to the Council of Scotland, that the E. of Antrim may be brought over, to be tried here, for assisting the Rebels in Ireland.

"May it please your Lordships,

"The Lords and Commons in the Parliament of England have been informed, that the Earl of Antrim hath been lately apprehended, by some of the Commanders of the Scottish Nation now in the Service of this Kingdom against the Rebels of Ireland, as he was returning thither with some Supplies for the Maintenance of that Rebellion; and that with him were taken divers Papers and Letters, which may discover those secret Practices and Combinations, whereby that wicked Rebellion was at first contrived and attempted, and since fostered and promoted; in all which they have good Cause to believe that Earl had a great Hand; and because the full Discovery and Proof thereof may much conduce to the Safety of this Kingdom, and the Quieting of that Rebellion, they earnestly pray your Lordships, that all Letters and Papers, or other Evidences, tending to such Discovery, or true and authentic Copies or Certificates of them, may be delivered to the Bearer hereof, John Corbett Esquire, to be safely conveyed unto them; and that likewise the Person of the said Earl may be sent hither, to receive his Trial and Judgement according to Law; for which Purpose, when they shall understand your Lordships Resolution, they intend to assign One or more Ships for his more safe Transportation hither; and in these and all other Occasions they desire the Assistance of your Lordships Counsel and Authority, for continuing and establishing the Amity betwixt the Two Nations, and opposing the malicious Designs of the Papists and Prelatical Party, who, in seeking to undermine and destroy this Parliament, and to foment and supply the War raised against them, do thereby sufficiently discover their evil Affection to Religion, Liberty, and the peaceable Government of both Kingdoms, whereof they doubt not but your Lordships will in your own Judgements be very apprehensive; and, as that State doth partake in the Danger, so it will communicate with us in the Counsels and Means by which it may be prevented; all which we are commanded to write to your Lordships, as the Sense and Desires of both Houses of Parliament; and shall add nothing thereunto, but a Remembrance of these earnest Prayers, wherein your Counsels and Resolutions shall be commended to the Favour and Blessing of God, by

"Your Lordships"

Adjourn.

House adjourned till Thursday, 10 ^a .