House of Lords Journal Volume 6: 14 September 1644

DIE Sabbati, 14 die Septembris.

PRAYERS.

Ds. Grey de Warke, Speaker.

Paper from the Prince Elector.

The Speaker acquainted this House, "That the Prince Elector sent him a Paper, to present to this House;" which was read, as followeth.

(Here enter it.)

Message to the H. C. with the E. of Westmorland's Ordinance;

A Message was (fn. 1) sent to the House of Commons, by Sir Edward Leech and Dr. Aylet:

(fn. 2) 2. To return the Ordinance concerning the Earl of Westm. with an Alteration, wherein their Concurrence is desired.

and about Fortescue, the Duke of Lorrain's Agent.

3. To desire that the Committee may meet this Afternoon, at Three of the Clock, in the Prince's Lodgings, concerning the Duke of Lorraine's Agent.

Ordinances, &c. from the H. C. for Concurrence.

Next, an Ordinance formerly brought from the House of Commons, for presenting Jonas Uty to the Parsonage of Brabrooke, in the County of North'ton, was read, and Agreed to. (Here enter it.)

Next, was read Three Times, an Ordinance for securing Five Thousand Pounds to Nathan Wright and Francis Lenthall, &c. which they have disbursed for the Relief of Plymouth, &c. (Here enter it.)

Agreed to.

An Order brought up formerly from the House of Commons was read, against cutting Trees in the King's Forests, Parks, and Chaces. (Here enter it.)

Agreed to.

Sir M. Boynton added to the Committee with the Army.

Ordered, That Sir Mathew Bointon Baronet, High Sheriff for the County of Yorke, be added to the Commissioners appointed to reside in the Army with the Commissioners of Scotland.

Archbishop of Cant's Trial.

"In Obedience to your Lordships Order of the 11th of this present, we, by your Lordships Command, assigned of Counsel with the Archbishop of Canterbury, upon several Articles of Impeachment sent up to your Lordships by the Honourable House of Commons, humbly represent to your Lordships, that, as concerning the same, we humbly conceive (with Submission to your Lordships great Judgement) that these Questions are proper to be insisted upon by us as Matters in Law, on the Behalf of the said Archbishop:

"1. Whether, in all or any the Articles charged, there be contained any Treason by the established Laws of the Kingdom?

"2. Whether the Charge of the said Impeachment and Articles do contain such Certainty and Particularity as is required by Law in a Case where a Treason is charged?"

Ordered, That this be sent to the House of Commons, by Message. And it was Part of the Message sent by Sir Edward Leech and Doctor Aylett.

Petition for his Counsel to have Copies of Records.

A Petition of the Archbishop of Canterbury was read; shewing, "That his Counsel being by Order required to represent to your Lordships what Points in Law they should think fit to insist upon for his Defence, in which (fn. 3) they conceive several Copies of Records in The Tower, with the Clerk of the Parliament, in the Crown-office, and elsewhere, may be of necessary Use for them, the View and Copies whereof, without their Lordships Order, will not be permitted and copied for them: Therefore desired their Lordships Order to the Officers in the several Places aforesaid, and other His Majesty's Courts of Justice, for his Counsel being permitted the View, and to have Copies, of such Records as they shall conceive useful for him."

Hereupon this House Ordered, That he shall have Liberty for his Counsel to view and search such Records as may make for his necessary Defence, as is desired.

"Motives and Reasons concerning his Highness the Prince Elector Palatine's coming into England, presented to both the Honourable Houses of Parliament by his said Highness.

Paper from the Prince Elector, concerning his Motives for coming to England.

"All Actions whatsoever being obnoxious to divers Censures, his Electoral Highness thought it necessary openly in this Kind to declare himself and the Integrity of his Intentions, in his present coming into this Kingdom, that (if it be possible) Malignancy might be silenced, Candour and Charity moved to speak for the Truth; having made the God of Truth his Refuge and Confidence, and knowing that the Children of Truth and Innocency (who are neither changed with the Frowns nor Smiles of this inconstant World) must be his best Friends, and, under God, his greatest Confidence.

"The present Troubles of this Kingdom and his Highness' present Condition (both of them from the same Supreme Providence), the great Affairs of the Honourable Houses of Parliament, and his own near Relation, which will not suffer him to account himself a Stranger, will, as he conceives, sufficiently satisfy for the Manner of his coming; since, by a solemn and public Warning, he might have seemed to expect Ceremonies in these Conjunctures very unseasonable.

"But his Highness' Resolution to come at this Time is more material, and may (he now finds) be subject to such Exceptions as his Sincerity would not permit him to foresee or apprehend.

"That it did not proceed from any sinister Intention, his last Departure out of this Kingdom, his Behaviour whilst he was abroad, and his approving of the Cause jointly prosecuted by both these Kingdoms (since which Time he hath had no Reason to change, many Reasons to confirm his Mind), are all Evidences; and that it did not arise from unjust Ambition, or Desire to intrude himself into the Public Affairs of these Kingdoms, he chooseth rather to make really appear, against all Calumnies and Jealousies of what Nature soever, by his Comportment and Actions during his Abode in this Place, than by Word or Writing. Misconstructions are not the least Part of the many Sufferings, which not only the Innocent, but the most Deserving must resolve to bear, till Truth, which is the Daughter of Time, make them vanish.

"Neither can his Highness forbear with unspeakable Grief to observe, that the public Actions of some of the nearest of his Blood have been such, as have administered too much Cause of Sorrow and Jealousy, even from such Persons, upon whose Affections, in respect of their Love and Zeal to the Reformed Religion, his Highness doth set the greatest Price.

"But, as his Highness is not able to regulate what is out of his Power, so is he consident that the Justice of the Parliament, and of all honest Men, will not impute such Actions to him, as are his Afflictions, and not his Faults.

"It must needs be known to the Christian World, and to no Man should it be better known than to his Highness, that the Commotions which exercise and distract these Kingdoms are originally derived from the same Popish Principles, hammered upon the same Jesuitical Anvil, and drive to those Antichristian Ends, which have brought such deplorable and lasting Calamities upon Germany; and his Highness was confident, that the Parliaments and People of God in these Kingdoms, through the Justice of the Cause which they maintain, and their Piety and Wisdom in the managing thereof, would, in the End, by the Blessing of God, prevail against whatsoever Spaine, Rome, or the Gates of Hell, could do or devise to the contrary; and that, when Truth and Peace should be settled in these Kingdoms, they, out of their Zeal to the Glory of God, and the true Protestant Reformed Religion, and in Pursuance of their former Christian and favourable Declarations, would direct their Counsels, and bend their Power, for the Relief, Deliverance, and Restitution of the Oppressed, amongst which his Electoral Family, by God's Permission, whose Judgements are unsearchable, hath had the deepest and most durable Sufferings.

"These and the like Considerations were the Motives of his Highness' Departure out of this Kingdom, in the Beginning of these unhappy Troubles; to which he must also add this important Reason, that, by his Absence, he might be free of all Counsels and Actions tending to the Prejudice of that Cause which he ought zealously to affect, as having his Hope in Heaven, and wherein all his Expectations on Earth are included.

"The same Sense of Religion and Public Interests hath now drawn him again into this Kingdom, that he may in Person profess himself to be what he is, against all Jealousies, Insinuations, and what Malice in his Absence might have suggested against him.

"It needs not to be remembered here, what his Highness' Princely Predecessors have done for that Religion, ever since the Blessed Reformation, for which he now suffers; nor how willingly his Enemies would make him Restitution of his Dominions, Rights, and Dignities, could they persuade him to become an Enemy to the Truth. But God hath taught him rather to choose Afflictions than Iniquity, Persecution than Impiety; and in this Affliction and Persecution by many open and secret Enemies, whither should he address himself but to these Kingdoms, which profess and defend the same Religion, and are in Affliction for the same Cause, and from which the strong Bonds of Nature and Christian Compassion make him expect such Comfort, Assistance, and Protection, in this Time of his Exile and Distress, as his cold Friends may be heated thereby into more Affection, and his Enemies cooled of their Rage and Violence, till God be pleased to send first unto these Kingdoms, and afterwards by their Means to himself and his Subjects, full Deliverance, Establishment, and Peace?

"His Electoral Highness, having thus represented the Reasons of his Coming, and Condition of his Affairs, in the next Place returns his Thanks unto both the Honourable Houses of Parliament, for their free Declarations, and Promises of taking his Affairs and Interests into their Care and Consideration; and, as he shall ever hold in high Esteem and Value the Advice they shall think fit to give him, so in the Particular of his Residence at this Time in Foreign Parts, his Highness is necessitated to offer this to their Consideration, That he hath many Enemies abroad, and that they are not a little increased since the late Troubles in these Kingdoms, and for his Professions to this Cause, which will render his Abode unpleasing, and it may be for many Reasons unhappy to him in those Parts, where his and their Enemies have as yet so great an Influence."

Ordinance for Mr. Uty to be Parson of Braybrook.

"Whereas the Rectory of the Parish Church of Braybrooke, in the County of Northampton, was sequestered from the Incumbent Nicholas Bent, for his great Unworthiness; and Jonas Uty, Master of Arts, an able and orthodox Divine, was placed in his Stead; now so it is, that the said Nicholas Bent lately died at Ashby de la Zouch, a Garrison of the Enemy's, and the Presentation to the aforesaid Rectory is in Sir Edward Griffin Knight, who hath been, and now is, in actual War against the Parliament: The Lords and Commons do therefore Order and Ordain, and be it Ordered and Ordained, That the said Jonas Uty be forthwith presented as full Parson to the Rectory of the Parish Church of Braybrooke aforesaid; and these are further to command all Officers whom it may or shall concern, that they do admit, institute, and induct, the said Jonah Uty to the Rectory aforesaid: And it is also Ordained, That any Officer or Person, that shall be aiding or assisting to the said Jonah Utie, in doing any Thing by virtue of this Ordinance, shall be defended and saved harmless therein, by Authority of both Houses of Parliament."

Ordinance for 5000 l. to be secured to Nathan Wright, &c. which they have disbursed for the Relief of Plymouth, &c.

"Whereas Nathan Wright, Francis Lenthall, and George Henly, Merchants, are, by an Ordinance of Parliament in that Behalf made and provided, appointed to collect and take certain Customs, Subsidies, or Duties, imposed by Authority of Parliament, to be employed for, in, and about, the Defence of the Town and Port of Plymouth, and Island of St. Nicholas, and Towns of Poole, Lyme-Regis, and Places adjacent; and whereas, by another Order of both Houses of Parliament, the said Nathan Wright, Francis Lenthall, and George Henly, are appointed Treasurers of the said Sums of Money so collected and received; and whereas the said Nathan Wright, Francis Lenthall, and George Henly, at the Instance and Request of the Committee of Lords and Commons appointed for the Safety of the said Places, have advanced the Sum of Five Thousand Pounds, which was secured to be re-paid with Interest after the Rate of Eight Pounds per Cent. for a Year, in such Manner, and at such Times, as by an Ordinance of the Lords and Commons assembled in Parliament, dated Die Sabbati, 3 Februarii, 1643, is directed and prescribed; and the said George Henly being since deceased, the said Nathan Wright and Francis Lenthall, for supplying the present and necessary Occasions of the Commonwealth, and for securing of those Places beforementioned, and at the further Intreaty and Desire of the said Committee of Lords and Commons, have consented and agreed to continue the said Sum of Five Thousand Pounds until the First Day of February next, so as the same, together with Interest after the Rate of Eight Pounds per Cent. for a Year, may be secured by and according to this Ordinance, with Clauses as are herein expressed: Be it therefore Ordained, by the Lords and Commons in this present Parliament assembled, and by Authority of the same, That the said Nathan Wright and Francis Lenthall aforenamed, the Survivors and Survivor of them, his and their Executors and Assigns, shall collect and take the Duties of the said Ordinance formerly mentioned imposed, till the said Five Thousand Pounds, with Interest as aforesaid, be fully re-paid, according to the true Intent and Meaning of this Ordinance; and the said Collectors shall make a true and perfect Accompt in Writing to the said Committee, of all such Monies as are already collected upon the said Ordinance unto the First Day of this present August; and what shall remain due upon such Accompts (Charges and Interest deducted) shall be by them paid and disposed in such Manner as the said Committee, or any Five of them, shall direct; and the said Collectors, their Executors and Assigns, shall, from Time to Time hereafter, until the said First Day of February next, pay all the Monies by them collected on or since the First Day of August, to be collected before the said First Day of February, to such Persons as the said Committee, or any Five of them, shall appoint (the Charges deducted); and shall accompt of all such Monies as they shall hereafter collect by Force of the said Ordinance, before the said First Day of February, as often as the said Committee, or any Five of them, shall appoint; and on the said First Day of February, or within Ten Days after, tender an Accompt to the said Committee, of all Receipts and Collections then made; and, out of the Money which shall be then in their Hands, deduct the Interest aforesaid for the said Five Thousand Pounds, from the First Day of August Instant, unto the said First Day of February next, with such Charges also as shall be due for the said Collection, as by this Ordinance of Parliament is allowed unto them, and shall dispose of the Residue of the said Monies, which upon the Accompt shall be found to be due, as the said Committee, or any Five of them, shall appoint; and the said Collectors, and Survivors and Survivor of them, and their and his Executors and Assigns, shall again, (that is to say) on the First Day of May next, or within Ten Days after, yield another true and perfect Accompt in Writing of all the Monies by them then collected, on or after the said First Day of February; and shall retain of the same so much as shall be by them collected, first, towards the Payment of the said Charges and Interest after the Rate of Eight Pounds per Cent. as aforesaid, to them then to grow due, and afterwards so much of their Principal as the same will amount unto; and shall again, at Three Months after, that is to say, on the First Day of August then next ensuing, or within Ten Days following, give an Accompt in Writing of all Monies received on or after the said First Day of May; and then, the said Charges for Collection and Interest first deducted, for so much of the said Five Thousand Pounds as remaineth unsatisfied by the Monies on the said Accompt appointed to be made the said First Day of August, or within Ten Days after, shall retain so much of the Residue, remaining on the said Accompt appointed to be made the First Day of August, or within Ten Days after, as will fully satisfy the said Five Thousand Pounds, if the same will amount to so much; and so, from Time to Time, on the First Day of every Third Month, or within Ten Days after, the said Collectors shall make such Accompt, till the said Five Thousand Pounds, with such Interest (fn. 4) as from Time to Time shall accrue, and Charges being in like Manner satisfied; and, after such Satisfaction, shall be accountable for the whole Residue, and pay the same, as the said Committee, or any Five of them shall appoint.

"And it is Ordained also, That the said Collectors, Nathan Wright and Francis Lenthall, Merchants, for and towards the said Charges of their Collection, be allowed, and shall detain on their said Accompts, Twelve Pence in the Pound, for all the Charges of the Collection, Treasurership, and otherwise, of the said Duty and Custom.

"And lastly, it is further Ordained, That the said Collectors, Nathan Wright and Francis Lenthall, be secured and saved harmless, by Authority of both Houses of Parliament, in what they shall do in Execution of the Premises: Provided always, that as touching the Duty hereby imposed, there be no Deduction or Defalcation of Fifteen Pounds per Cent.

"And be it further Ordained, That the Customers, Comptollers, and other Officers whom it may concern, in the Port of London, and all the other Out Ports, do take particular Notice of this Ordinance; who are to pass no Entry until the said Duty of One Tenth Part over and above the present and future Customs and Duties be duly satisfied and paid to the said Collectors, or their Deputies, and signified under their Hands in Writing, according to the true Intent of this present Ordinance.

"Provided also, and it is hereby Declared, That this Ordinance is to have no longer Continuance than until the Five Thousand Pounds herein mentioned be fully satisfied, with Interest and Charges abovementioned."

Order against cutting Trees in the King's Forests, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That no Trees or Underwoods be felled or cut, in Birchwood, Cranborne Chase, or in any other of the Parks, Forests, Chaces, or Woods of the King's, under the Power of the Parliament, by virtue or colour of the Ordinance of Parliament for felling of Woods for the City, without the Knowledge, Consent, and Allowance, of the Committee of the King's Revenue; and that whatsoever Timber, or other Wood, is already felled and cut in any of those Places, that none of it shall be carried away without the Consent and Allowance of the said Committee: and that those who have felled any Trees, or received or bought any of the Trees, in any of the Forests, Parks, or Woods, be brought to an Accompt by the Committee of the Revenue."