House of Lords Journal Volume 7: 9 November 1644

DIE Sabbati, 9 die Novembris.

Prayers, by Mr. Herle.

Ds. Grey de Warke, Speaker.

Ordinance concerning Boston and Lynn.

The Earl of Stamford reported from the Committee, "That they have considered the Ordinance concerning Boston and Lynn; and the Opinion of the Committee is, That this Ordinance is destructive to the former Ordinance, that gives Power to the Earl of Manchester to issue out Monies; therefore the Committee thinks it fit the Earl of Manchester be heard, before this Ordinance pass."

Samwell's Petition, for Necessaries for Furniture.

A Petition of Arthur Samwell Esquire, was read, directed "To both Houses of Parliament;" shewing, That, for his Faithfulness to the Parliament, he hath, since these unhappy Troubles, not only lost entirely his poor Estate, but stands yet engaged for about Two Thousand Pounds, which above Three Years since he borrowed for the Public Service; by Means whereof, he is reduced to a very hard and necessitous Condition; therefore humbly prays, that in Consideration of his present Necessities, that the Houses would be pleased to Order, That the Committee of Sequestrations may allow such Necessaries as he stands in Need of, for the furnishing him a Lodging, the same not exceeding the Value of One Hundred Pounds."

Ordered, That this Petition be referred to the Committee of Lords and Commons for Sequestrations, this House conceiving the Desire of the Petitioner reasonable.

Capt. Kem's Petition, to allow him a Papist's House, in Part of his Arrears.

Upon reading the Petition of Captain Sam. Kem; shewing, "That he hath many Monies owing of him, which he lent to the Parliament; and he now living in a known Papist's House in Essex, Rent is demanded of the Petitioner for the same, which the Petitioner desires may go in Part of his Arrears."

Hereupon it is Ordered, To be recommended from this House to the Committee of Lords and Commons for Sequestrations, to do therein as shall be fit.

Wharsingers & al. not to bring their Carts through Palace Yard.

Next, the House took into Consideration the Cause heard lately in this House, by Counsel on the King's Behalf, and Counsel on Behalf of the Inhabitants beyond The Chayne in The Ould Pallace, whether by Right there hath been an ancient Way for Carts, Coaches, or Horses, through The Ould Pallace.

And, upon Debate of the whole Business, this Question was put,

"So many as are of Opinion, that there neither is, nor ought to be, no Way of Right for Carts, Carriages, Coaches, or Horses, through The Old Palace Yard of Westmester, say "Content;" as many as are of another Opinion, say "Not Content."

And it was Resolved in the Affirmative, Nemine Contradicente.

Message from the H. C. with Orders, &c. and with Papers from Newcastle.

A Message was brought from the House of Commons, by Mr. Baynton, &c.

To desire their Lordships Concurrence in these Particulars following:

1. An Order to pay a Fortnight's Pay to the Regiment of Horse under Colonel John Fiennes.

(Here enter it.)

Read, and Agreed to.

2. To communicate divers Letters to their Lordships, which they received from the Committees at Newcastle, &c.

1. Dated Newcastle, 27 Octob. 1644.

2. Dated Duresme, 1st November, 1644.

3. A Paper from the Commissioners, dated from Newcastle, 25 Octob. 1644.

4. A Paper from the Committee of Scotland, dated Newcastle, the 26 October, 1644.

5. An Order of the Houses, to refer the Consideration of these Papers to the Committee of both Kingdoms. (Here enter them all.)

Agreed to.

3. An Ordinance to add more Persons to the Committee of Sequestrations for the County of Kent.

(Here enter it.)

Read Thrice, and Agreed to.

4. An Order for trying of Soldiers by Martial Law, that depart from their Colours, by the Commissioners for Martial Law.

Read Twice.

5. An Ordinance concerning the Estate of Thomas Violett, a Delinquent. (Here enter it.)

Read Thrice, and Agreed to.

An Order, That the Arrears of Dr. Balcanquali's Profits, as Master of The Savoy, shall be paid to Mr. Bond.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

This House agrees to all the Particulars of this Message, except to the Ordinance Martial, concerning which their Lordships will send an Answer by Messengers of their own.

Report from the Committee of both Kingdoms, about sending the Propositions.

The Earl of Northumb. reported from the Committee [ (fn. 1) of both] Kingdoms, "That they have further considered of the Manner of sending the Propositions to the King; and, considering that both the Secretaries of State are Persons excepted by the Parliaments in the Propositions, they think it fit that a Letter be written from the Lord General to the General of the King's Army; a Copy of which Letter they present to their Lordships, which was read, as followeth:

Letter to the King's General, for a Pass for the Committees who go with them.

"For the General of His Majesty's Army.

"My Lord,

"I am appointed by both Houses of Parliament, and desired by the Commissioners of the Kingdom of Scotland, to send to your Lordship, to move the King, for His Majesty's safe Conduct, for and their Attendants, Coaches, Horses, and other Accommodations for their Journey, in their coming to His Majesty, during their Stay, and in their Return, when they shall think fit; who are to present unto His Majesty from both Kingdoms Propositions for a safe and well-grounded Peace."

Ordered, That (fn. 2) this House approves of this Letter; and that it be sent by the Lord General, by a Trumpet.

Their Instructions.

The Committee further offered to their Lordships Considerations some Instructions, to be given to the Committee that goes with the Propositions:

"1. You are to go unto His Majesty, and to deliver unto Him the Propositions agreed upon by both Kingdoms for a safe and well-grounded Peace.

"2. You are to desire from His Majesty, that you may receive His Answer in Writing.

"3. You are, upon the Receipt of the said Answer, to make your Repair to us with all convenient Speed."

Ordered, That this House approves of these Instructions, to be given the Committees that go with the Propositions to the King.

Lords Committees for that Purpose.

Ordered, That this House appoints the Lord Willoughby and the Lord Maynard to go, with a proportionable Number of the House of Commons, and present the Propositions for a safe and well-grounded Peace.

Letter from the Committee at Newcastle, that Tinmouth has surrendered.

"1. Sir,

"We thought it seasonable to give this inclosed Paper in to the Committee of States of Scotland, so soon as Mr. Barwis came out of Cumberland; for, till his Coming, we were not a Committee; and you have likewise a Copy of the Answer, which we hope the House will take into their Considerations, and afford us their further Order and Directions, what we shall do more; and we earnestly desire the House will be pleased to consider of how great Concernment the settling of the Town of Newcastle is, to all their Affairs in these Northern Parts; and of what Advantage the Coal Trade and Customs are, for the Maintenance of their Armies, if rightly managed; and whensoever the Scotts shall draw into the Field, and have their Men in a Body for Service in some other Part, how the Town may be preserved in Peace, which is yet wholly malignant, and cannot be suddenly reduced to that Condition which is to be wished. Pardon our Earnestness in this, because the slacking or delaying of the Business may prove prejudicial to you; and the North is far from you, and Things cannot every Day be presented unto you as in the South. The Governor of Tynmouth Castle hath been willing to listen to Propositions about the rendering of the same; and his Excellency the Lord General Leven, according to his usual Manner, was not backward to make Trial what might be done in a fair Way, before we should come to Extremities; and this Day was pleased to go down toward the Castle himself; and, after it was summoned, they entered into Terms for the rendering of it up, which was performed late this Evening; and the Lord General hath Soldiers in it, so as our Ships may come freely in at their Pleasure. The Conditions are not yet returned from thence, but by the next we hope to send you them. We are in daily Expectation of some good Ministers to be sent into these Parts, of which there is a very great Want; and we hear they are upon their Way towards us. So rest,

"Your humble Servants,

Newcastle, 27th October, 1644.

"Wm. Armyne.
"Ri. Barwis.
"Rob't Fenwick.

"For our Honourable Friend, William Lenthall Esquire, Speaker of the House of Commons. London."

Paper from them, about Governors being put into Newcastle, &c. by the Two Houses.

"2. Newcastle, 25 October, 1644.

"The Lords and Commons assembled in Parliament, in their Instructions to us their Committees, bearing Date the 20th of July, 1644, gave us in special Charge, that we should take Care that the City of Carlile and Town of Newcastle, whensoever they shall be secured from the Papists and Malignants, shall be delivered over into the Hands of such Persons and Garrisons as shall be appointed to receive and defend the same by the Two Houses of Parliament.

"Wherefore we thought it our Duty, in Discharge of the Commands of both Houses of Parliament, to make known unto this Honourable Committee the Substance of their Desires, which we intreat you will take into your Considerations, and doubt not you will answer their Expectations with all brotherly Love and Respect.

"Will'm Roe, Secr. Commiss."

Answer of the Scotch Commissioners to it.

"3. Newcastle, 26 Octob. 1644.

"The Committee of Estates of Scotland attending their Army, haveing received a Paper from the Commissioners of both Houses of the Parliament of England beareing, that by their Instructions, dated the 20th of July, 1644, the Houses have given them in speciall Charge, that they should take Care that the Citty of Carlile and Towne of Newcastle, whensoever they shal bee secured from the Papists and Malignants, may bee delivered over into the Hands of such Persons and Garrisons as shal bee appointed by the Two Houses of Parliament, doe thinke it fitt to retourne this Answere, That, by the Third Article of the Treaty betweene both Kingdomes (which is posterne to the Instructions abovementioned), it is agreed, that the Scottish Army shal bee subject to such Resolutions and Directions as shal bee agreed on and concluded mutually betweene the Two Kingdomes, or Committees by them in that Behalfe appointed; and that, therefore, when both Houses, or their Committee, shall make knowne unto the said Committee of Scotland their Opinion and Advice concerning the Governor or Garrison of Newcastle, they will endeavor to answere the Expectations of both Houses with all brotherly Love and Respect.

"Ja. Primrose, Clericus Com."

Letter from the Committee at Newcastle, about the Hardships endured by the Inhabitants of Durham, by the quartering of the Troops there.

"4. Sir,

"The Gentlemen of the Bishopric of Duresme thought fit to send One of their own Number, expressly, to acquaint the House with the Estate and Condition of their Country, as it stands at this present; and for that they find their Burthens daily increase upon them, and an Inability for them to undergo the present Charge, they humbly desire the Advice and Assistance of the House how they may be relieved. We have been Witnesses of their Willingness and Readiness, to do for the Army from Time to Time to the utmost of their Power; but Rents of Delinquents and Sequestrations, in these unsettled Times, afford so little Help, as this Gentleman Sir Richard Bellassis can inform you, that, unless some Course be thought of, how (fn. 3) to dispose of those Forces now quartered in the Bishopric of Duresme at the End of this Month, they know not how to subsist, nor how the Army can possibly be provided for. You will understand all the Particulars from his Relation, better than we can write. We have endeavoured to do the best Service we can, to raise Monies for the Army; and, with the Advice of the Gentlemen of the Standing Committee, we have tried all Ways and Means, and are of Opinion that those Delinquents of a lower Rank, that will offer reasonable Compositions, if the House be pleased to allow of it, may afford more present Relief than to proceed by Way of Sequestration according to the Ordinances, which are very longsome and hazardous; wherefore the Committee humbly presents unto the House, that Sir William Darcy, who hath not been very active against us (yet is adjudged a Delinquent), is willing to give One Hundred Pounds presently, and to lend Four Hundred Pounds more upon the Public Faith, and to procure it as speedily as may be; Sir John Conyers, a Committee-man and Commissioner of Array, is adjudged likewise a Delinquent, and is willing to give One Hundred Pounds, and to lend Two Hundred Pounds upon the Public Faith, and procure it, either upon his Credit or by Engagement of his Lands, with all possible Speed: If the House be pleased to approve of this Way, we shall proceed in it; if not, upon Knowledge of their Pleasure herein, the Sequestrations according to the Ordinances must proceed; and we must raise what we can upon these Gentlemen as well as others. We have writ sundry Letters concerning the Settlement of the Town of Newcastle; but have not yet received Directions from you. The Mayor is still Prisoner in the Hands of the Sheriff of Northumberland; and there is an absolute Necessity of sending down some Persons of Trust and Ability, concerning the Customs and Trade of the Town, and managing the Coals and Collieries, which we conceive may afford a very considerable Maintenance for the Soldiers, if rightly and carefully managed. We shall not be wanting to do for the Service what lies in our Powers: But the Burthen is too heavy for us; and therefore we hope you will take it seriously into your Consideration, and speedily put all Things in such a Way, that you may reap Benefit by this great Blessing we have so long expected, and now at last the Lord hath given into our Hands, as the Town of (fn. 4) Newcastle and Tynmouth Castle is. Thus, hoping very speedily to receive your Directions in these Affairs, we rest

Duresine, 1st Nov. 1644.

"Your humble Servants,
"Wm. Armyne.
"Ri. Barwis.
"Rob't Fenwick.

"The like Burthen of Soldiers, we fear, will befall the Counties of Northumberland, Cumberland, and Westm'land, if speedy Course be not taken.

"To our Honourable Friend Wm. Lenthall Esquire, Speaker of the House of Commons. These."

These Letters and Papers referred to the Committee, for treating with the Scots Commissioners.

"A Letter from Newcastle, of October 27th, 1644, from the Committees of both Houses attending the Armies in the North, was this Day read: And it is Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Committee of both Houses appointed to treat with the Scotts Commissioners, to consider of this Letter, and the Papers inclosed, and what is fit to be done upon them, and to be returned in Answer to them: It is likewise referred to this Committee, to consider of the other Letters that came last from Newcastle, and the Letter from Duresme of November the First, from the Commissioners of both Houses; and that they return their Opinions upon all to the Houses on Wednesday next. Herein the Committee of both Houses are to confer with the Committee of the House of Commons for the Northern Affairs, and the Northern Gentlemen."

Additional Commissioners for Sequestrations in Kent.

"Whereas there is great Want of Committees for Sequestrations within the County of Kent: Be it Declared and Ordained, by the Lords and Commons in Parliament assembled, That the Persons hereafter mentioned, that is to say, Mr. John Holland, Mr. William Say, Mr. John Gouldwell, Mr. John Twistleton, Mr. William Bothby, Mr. John Seyliard Junior, Mr. John Polbill of Ottford, Mr. George Nicholson, Mr. Henry Jolles, Captain Bowles, Captain Childs, Mr. Phillip Ward Senior, Mr. William Skynner, Mr. Thomas Chapman, Captain Woodgate, Captain Skevington, Mr. Michaell Belke, Mr. Francis Rumney, Mr. Edward Osborne, Mr. George Kadwell of Rolvenden, Mr. Weevill Senior of Wye, Mr. Weevill Junior, Mr. Thomas Bois of Wilsborough, Mr. Edward Awber, Mr. John Dixwel, Mr. Weevill of Rumney, Mr. Glover of Lidd, Mr. Peter Peake, Mr. Focbe of Thanett, be added to the Number of Committees for Sequestration within the said County of Kent; and be enabled, in all Points, to execute the several Ordinances for Sequestration within the said County, as any other Committees formerly authorized and appointed may or might have done, by virtue of the said Ordinances, or any of them."

A Debt due to Violet, a Delinquent, assigned to Elconhead, for 300 l. paid for the Public Use.

"Whereas the Committee of Essex hath discovered a Debt due to Thomas Violett, a Delinquent, imprisoned in The Tower for a Conspiracy against the Parliament, for which his Estate is seized and sequestered, for which Debt there is an Extent of the Lands of James Waade Esquire, at the Suit of the said Violett, or of some other to his Use, charged upon the Manor of Battles and Payton Hall, and the Lands thereto belonging, in the County of Essex, which Debt, by Order of the Commons assembled in Parliament, is appointed to be employed to the Benefit and Advantage of the County of Essex, by virtue whereof, the Committee of Essex have, for Three Hundred Pounds paid in to the said Committee by Edward Elconhead Esquire, granted unto the said Edward Elconhead the said Debt, Extent, and all Bonds and Securities given or entered into by any Person or Persons to or for the Use of the said Vyolett, for or concerning the said Debt or Extent, or the Profits thereof, or any Monies to be paid, out of or by reason thereof, unto, or to the Use of, the said Thomas Vyolett: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Edward Elconhead and his Assigns shall have and enjoy the said Manors of Battles and Payton Hall, and all the Lands therewith extended, and all Rents or Arrearages due or payable for the same, or any Part thereof, during the Continuance of the said Extent; and that the said Edward Elconhead shall have the Benefit of all Bonds or Securities given or entered into concerning the Premises, or any Person or Persons, to, or to the Use of, the said Thomas Vyolett; and that the said Edward Elconhead may compound for or discharge all or any of the said Bonds or Securities, as he shall think fit; and that the said Committee of Essex, and the said Edward Elconhead, shall be protected in and for the Premises, by Authority of Parliament."

Order for Dr. Balcanquail's Arrears, as Master of The Savoy, to be paid to Mr. Bond.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all the Profits, with the Arrears, belonging to the Master of The Savoy, shall be paid unto Mr. Bond, the present Minister; and that he shall enjoy and receive the same Profits in as full and ample Manner as Doctor Belcanquall, late Master thereof, or any other Master, did, might, or ought to receive the same; and that he shall have likewise and enjoy the Master's Lodgings in the said Savoy; and that the sequestered Goods in the Lodgings of the Master of The Savoy, amounting to the Value of Ninety-seven Pounds, Six Shillings, shall be disposed of and left to the Use of Mr. Bond, Minister of The Savoy."

Order for a Fortnight's Pay to Col. Fiennes's Rement.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That a Fortnight's Pay be forthwith advanced and paid, out of Habberdashers Hall, upon Accompt, to the Treasurer of the associated Counties of Oxford, Bucks, and Berks, to be paid to the Regiment of Horse under the Command of Colonel John Fienes, upon Muster of the said Regiment"

Adjourn

House adjourned till 9^a, Monday next