House of Lords Journal Volume 7: 2 April 1645

DIE Mercurii, 2 die Aprilis.

PRAYERS, by Mr. Newcomen,

Ds. Grey de Warke, Speaker.

Turner released upon Bail.

Ordered, That Thomas Turner, that was sent for, to appear before this House, upon the Affidavit of James Hubert: It is Ordered, That he shall be released of his Restraint, giving his own Security of One Hundred Pounds, for his appearing before this House after Ten Days Summons.

General Tyllier to be removed from The Tower; and his Complaint against his Keeper to be heard.

Ordered, That the Earl of Manchester and the Lord Howard do signify to Major General Tyllier, from this House, "That it is the Intent of their Lordships to remove him to another Prison than The Tower; and when he is cured of the Wound he now lieth under, this House desires he would declare the Truth of the Business between him and his Keeper in The Tower."

L. General delivers up his Commission.

The Lord General desired, according to his Promise Yesterday, "That he might deliver up his Commission; and that he might be admitted to deliver in a Declaration with it;" which was read, as followeth. (Here enter it.)

Ordered, That the Declaration of the Lord General, concerning the delivering up of his Commission be communicated, at a Conference, to the House of Commons.

E. of Manchester desires to deliver up his Commission.

The Earl of Manchester signified to this House, That he having received the Honour to be Major General of the associated Counties by Ordinance of both Houses of Parliament, wherein he hath faithfully to his Power served them; he perceiving he can be no further useful to the Houses in that Way, desires that Favour, that he may have Leave to resign up the said Commission to the Houses."

E. of Denbigh desires to deliver up his Commission.

The Earl of Denbigh signified to the House, "That he having received Authority from the Houses of Parliament, to be Chief Commander in the associated Counties of Warwicke, Salop, and Stafford, wherein he hath endeavoured to discharge his Duty faithfully, and, as the Affairs are now disposed, his Lordship can be no further useful in that Way; he desires (fn. 1) he may have Leave to resign up his Commission to the Houses again."

Committee to consider of a Satisfaction to be made to those who will be out of Employment by the Surrender of these Commissions.

Hereupon this House appointed these Lords following to consider what Course is fit to be taken for Satisfaction of those Persons that will be out of Employment by the surrendering the Commissions of the aforesaid Lords; and report the same to the House:

Earls of Manchester and Denbigh's Desires to be communicated to the H. C.

Ordered, That, at the Conference with the House of Commons, shall be communicated the Desire of the Earl of Manchester and the Earl of Denbigh, concerning the Delivery-up of their Commissions.

Lieutenant Wells, Petition to be freed from an Arrest, at Arnold's Suit.

Upon reading the Petition of Lieutenant Wm. Wells, being in actual Service of the Parliament; complaining, "That he is arrested, at the Suit of one Arnold; a Brewer, in Westm. therefore desires to be released of his Imprisonment in The Gatehouse."

It is Ordered, That the said Arnold shall appear before this House To-morrow Morning; and then the said Lieutenant Wells shall be brought hither, that so this House may hear both Sides, and give further Directions therein.

Col. Fielding released on his Parole, to procure his Exchange.

Upon reading the Petition of Colonel Richard Feildinge; shewing, "That, being a Prisoner of War, and not having the Conveniency to solicit for his Exchange, † his humble Suit is, that he may have the Favour so far granted him, as to give him Leave to wait upon the King, to endeavour his Enlargement, by such an Exchange as shall be thought just and equal; and that the Time may be fixed for his Return; and he doth hereby engage his Parole, upon the Honour and Faith of a Gentleman and a Soldier, punctually to observe, and to be a true Prisoner."

Hereupon it is Ordered, That it is hereby referred to the Lord General, to [ (fn. 2) grant a] Pass to the said Colonel Feildinge, to go to the King, to endeavour his Enlargement, by Way of Exchange; and if within Thirty Days he doth not procure such an Exchange as both Houses of Parliament shall approve of, then he is to return, and render himself a true Prisoner.

Ordinance to abolish a prophane Custom in Twickenham Church.

An Ordinance forbidding a prophane Custom of scrambling for Cakes in the Church of Twickenham, on Easter-day, was read Thrice, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. with it; for a Conference about the L. General, &c.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To desire a Conference, concerning the Lord General and some other Peers.

2. To desire their Concurrence in the Ordinance concerning Twickenham.

and with Blackwell's Petition.

3. To deliver to them the Petition of Mr. Blakwell; and to desire their Concurrence, that he may have the Living of Merstham in Surrey.

Ordinance to raise Money in Lincolnshire.

Next, the Ordinance concerning Lyncolneshire was read Once.

Message from the H. C. with Ordinances; and a Paper from the Spanish Ambassador.

A Message was brought from the House of Commons, by Sir Rob't Pye, &c.

To desire Concurrence to these Particulars following:

1. An Ordinance for paying Two Thousand Pounds to Colonel Paine's Regiment, and Colonel Underwood's Troop of Horse, now at Abingdon. (Here enter it.)

Agreed to.

2. An Order concerning Sir Wm. Constable.

(Here enter it.)

Agreed to.

3. To communicate to their Lordships a Paper received from the Spanish Ambassador; upon reading which, they have made an Order, wherein their Lordships Concurrence is desired. (Here enter it.)

Agreed to.

4. An Ordinance to pay Five Hundred Pounds to the Assembly of Divines. (Here enter.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Ordinance to exclude Members of either House from holding Offices.

Next, the Ordinance for discharging the Members of both Houses from any Office, Military or Civil, was read the Second Time, and committed to (fn. 3) a Committee of the whole House; and to be considered of Tomorrow Morning. And the Lords are to have Notice to be present then.

Mr. Blackwell to be Parson of Merstham.

Ordered, That Mr. Blakewell is appointed to serve the Cure of Merstham, in Surrey, until the Houses have given their Resolution concerning their admitting of him into the said Living.

Heads for the Conference about the L. General, &c.

The Lord Wharton reported from the Committee, what they conceived fit to offer to the House, concerning the Lord General, and the Earl of Manchester, and the Earl of Denbigh; which was read, and approved.

(Here enter it.)

(fn. 4) Ordered, To be communicated to the House of Commons, at the next Conference.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons:

That they will give a present Conference, as is desired; that they agree to the Ordinance concerning Twickenham. (Here enter it). And concerning Mr. Blackwell's Petition, they will take (fn. 5) it into speedy Consideration, and send an Answer by Messengers of their own.

The House was adjourned; and the Lords went to the Conference.

Ld. General's Declaration, on delivering up his Commission.

"Having received this great Charge in Obedience to the Commands of both Houses, and taken their Sword into my Hand, I can (with Confidence) say, that I have for this now (almost) Three Years faithfully served you; and I hope, without Loss of any Honour to myself, or Prejudice to the Public, supported therein by the Goodness of God, and the Fidelity and Courage of a great many gallant Men, both Officers and Soldiers; but I will neither trouble you nor myself, by repeating either the Difficulties or Danger we have overcome, or the Service I have done you.

"I see, by the now coming up of these Ordinances, that it is the Desire of the House of Commons, that my Commission may be vacated; and it hath been no particular Respect to myself (whatever is whispered to the contrary) that hath made me thus long omit to declare my Readiness thereto, it being not unknown to divers Men of Honour, that I had resolved it after the Action of Gloucester, but that some Importunities (pressed on me with Arguments of Public Advantage, and that by those of unquestionable Affection) over-ruled me therein. I now do it, and return my Commission into those Hands that gave it me; wishing it may prove as good an Expedient to the present Distempers as some will have it believed, which I shall pray for with as hearty a Zeal as any can desire my doing this which I now do.

"I think it not immodest, that I intreat both Houses, that those Officers of mine, which are now laid by, might have their Debentures audited, some considerable Part of their Arrears paid them for their Support, and the Remainder secured them by the Public Faith; and that those of them that remain questioned may be brought to some speedy Trial, whereby they may receive either the Punishment or Justification that is due to them; under which Notion I remember only Three, of whom I must testify that they frankly and courageously have adventured their Lives, and lost their Blood, for the Public; and that with continued Fidelity, for aught ever I could observe.

"My Lords, I know that Jealousies cannot be avoided in the unhappy Condition of our present Affairs; yet Wisdom and Charity should put such Restraints thereto, as not to allow it to become destructive. I hope that this Advice from me is not unseasonable; wishing myself and my Friends may (among others) participate the Benefit thereof; this proceeding from my Affection to the Parliament, the Prosperity whereof I shall ever wish from my Heart, what Return soever it brings me, I being no single Example in that Kind of that Fortune I now undergo."

Ordinance to abolish a Custom in Twickenham Church, of scrambling for Cakes on Easter Sunday.

"The Lords and Commons, taking into Consideration, that there is a Custom anciently used in the Parish Church of Twickenham, in the County of Midd. to bring in Two great Cakes Yearly into the said Church, upon Easter-day in the Afternoon, to be distributed amongst the younger Sort of People, which, by reason of Scrambling and Contention about the same, hath caused great Disorder, to the Prophanation of the Lords-day, and Scandal to the Parishioners there: It is therefore Ordained, by the Lords and Commons, That the said Custom, for the providing and bringing of the said Cakes as aforesaid, is hereby absolutely abolished and taken away, and to be hereafter no more used; and that, in Lieu thereof, the full Value of the said Cakes be made into ordinary Loaves of Bread, and disposed of, by the Minister and Churchwardens for the Time being, to the Poor of the said Parish, upon such Day as they shall think fit; and all Parties performing the same shall incur no Forfeiture nor Prejudice thereby."

Heads for the Conference about the L. General, &c.

"The Earl of Essex, the Earl of Denbigh, and the Earl of Manchester, having this Day in the Lords House tendered and laid down their Commissions; the House desired this Conference, to acquaint the House of Commons therewith, and that the House of Peers hath accepted thereof; in which the Concurrence of the House of Commons is desired, their Commissions being derived from the Authority of both Houses: And the House doth hereby further declare their Sense, That they look upon this Action of these Lords, in this Conjuncture of Time, as a fit Testimony of their Duty to the Houses of Parliament, under whom they have so long served in so eminent Employments; and the House of Peers doth desire, that their Services and Fortunes may be taken into Consideration, in such a Way as may, according to their several Merits, express the Acceptance and Value the Houses (fn. 6) have of their Faithfulness and Industry in the Commands and Hazards they have undergone, for the Public Good of the Kingdom, and Safety of the Parliament.

"And this House doth propound to the House of Commons, That some speedy Course may be taken and declared, that the Officers which are laid aside, who have served under any of these Three Lords, may have Satisfaction in the Point of their Arrears, by the Payment of some Part thereof for their Support, and securing the Remainder by the Public Faith."

Order for disposing of 2000l. to the Garrison of Abingdon.

"Whereas, by Order of the House of Commons, of March last, the Committee of the Militia were appointed to make Payment of Two Thousand Pounds, out of the Ordinance of Thirty-two Thousand Pounds, for the Garrison of Abbingdon: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That they do pay the said Two Thousand Pounds to Colonel Paine's Regiment of Auxiliaries, and Colonel Underwood's Troop of Horse, now at Abington."

Spanish Ambassador's Paper referred to the Committee for Foreign Affairs.

"Ordered, by the Lords and Commons in Parliament assembled, That the Paper presented from Don Alonso De Cardenas, the King of Spaine's Ambassador, concerning Captain Jackson and Captain Taylor, be referred to the Consideration of the Committee of Lords and Commons for Foreign Affairs, who have Power to hear the Spanish Ambassador herein; and likewise to receive and offer all such Complaints as shall be brought unto them, of Injuries done by any of the King of Spaine's Subjects."

Order for 500l. to the Assembly of Divines.

"Ordered, by the Lords and Commons, &c. That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith advance and pay, unto such as the Assembly of Divines shall appoint to receive the same, the Sum of Five Hundred Pounds, to be distributed amongst such of the Assembly as are in the greatest Want."

Order for 1000l. to Sir W. Constable, out of the Rents due to the Crown and Sir M. Langdale, from the Manor of Holme, in Spalding Moor.

"The House, taking Notice of the great and faithful Services done by Sir William Constable, a Member of the House of Commons, Lieutenant General of the Horse under the Command of the Lord Fairofax, in the Service of the Parliament, in the East Riding of the County of Yorke, and elsewhere, since the Beginning of this War, as also of the great Losses sustained by him, and of the great Arrears of Pay due unto him; and upon Information that these is a Yearly Fee Farm Rent of One Hundred and Thirteen Pounds payable to the Crown, out of the Manor of Holme, in Spalding-Moore, in the County of Yorke, which Manor belongs to the said Sir William Constable; as also that there is a Yearly Rent or Sum of Three Hundred Pounds, payable out of the said Manor, unto Sir Marmaduke Langdale: It is Ordered, That the said Sir William Constable shall have and receive; upon Accompt, the Sum of One Thousand Pounds, out of the said several Rents of One Hundred and Thirteen Pounds, and Three Hundred Pounds per Annum, payable out of the said Manor of Holme, as aforesaid; and this shall be a sufficient Warrant to the said Sir William Constable, and to all and every other Person or Persons whom the same shall concern."

Paper from the Spanish Ambassador; complaining of Depredations in The West Indies, by Captains Jackson and Taylor, and desiring Satisfaction for them.

To the Right Honourable the Lords and Commons in Parliament assembled.

It is represented unto your Honours, by Don Alonso De Cardenas, of the Council of His Catholic Majesty, and His Ambassador in this Kingdom;

"That his Lordship hath understood, that Captain Jackson and Captain Taylor, with some Ships, went from the River of London, towards The West Indias; and being arrived in divers Parts thereof (which are Dominions and Provinces of the King his Master) they put ashore, and, contrary to the Articles of Peace, the good Correspondence between the Crowns of Spaine and England, and the Law of Nations, in a Warlike Manner, did enter in the Towns of Margaritta, Trufills, Maracacaio, and the Island of Jamaica, and pillaged what they could find in the said Places, as much as the Pieces of Ordnance which were in Jamaica, to the great Prejudice of the said Town, and Inhabitants thereof, Subjects of His Catholic Majesty.

"And forasmuch that now the said Captains are arrived in this River of London, with Two Ships and a Pinnace, laden with the Spoils of the Inhabitants of the said Towns, in which they have committed a most weighty Crime, worthy of exemplary Punishment, being the Business so considerable, and the Consequences may thereby accrue so prejudicial.

"Therefore his Lordship hath thought fit to acquaint your Honours herewith, to the End you would be pleased to take the same into your grave Considerations, and examine this Cause, and proceed accordingly; that the said Captain Jackson and Taylor may be punished as Justice shall require, and compelled to give Satisfaction for what Damages shall be proved they have committed in the said Parts; and that the said Ships, Pinnace, and Lading thereof, may be sequestered, and deposited in Secure, there to remain, until your Honours do view, examine, and determine, the Cause; which his Lordship intreateth, and doth expect from the Justice of the Parliament will be done."

Adjourn.

House adjourned till 9^a cras.