House of Lords Journal Volume 7: 1 November 1645

DIE Saturni, 1 Novembris.

PRAYERS, by Dr. Wincupp.

Ds. Grey de Warke.

The Speaker acquainted this House with a Letter, which was written, as follows:

Letter from Prince Rupert, that he and his Brether have retired from the King's Service; and desiring a Pass, for themselves and some others to leave the Kingdom.

"To the Right Honourable the Lords and Commons assembled in Parliament at Westm.

"My Lords and Gentlemen,

"Having determined, with my Brother Prince Maurice, my Lord Hawley, Lord Gberrard, Sir Ric'd Willys, and many Officers and Gentlemen of Quality, to leave this Kingdom, being altogether disengaged from that Service we have been in; it hath given me the Occasion to desire this Favour from you, That you would grant a Pass, for me, my Brother Maurice, and those Noblemen and Gentlemen that come along with me, together with their Servants, Horses, and all Necessaries, to go beyond the Seas, or to retire to their Houses, as shall be most for their Conveniency: And I engage my Honour, for myself and them, that no Act of Hostility shall be done by us; and that there is no other Design in our Journey, than to go whither our particular Occasions and Desires shall lead us. I have therefore addressed unto you this Gentleman, Lieutenant Colonel Osborne, who can assure that my Intentions are no other than what I have here professed; and by him I shall expect the Return of my Desires, wherein you will oblige

Wyverton, 29 October, 1645.

Your Friend and Servant,

"Rupert."

Ordered, To be sent to the House of Commons.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms a Paper; which was read, as follows:

Commissions for the Officers who are to command against Donnington.

Ordered, That it be reported to both Houses, "That Commissions may be issued, to those who are to command the Forces now to be employed against Donington Castle; and that Colonel Martyn (whose Regiment is to be employed there), being the Eldest Colonel, may command in Chief, under Colonel Dulbeir, the Foot that are to be employed in the Service."

Ordered, To be communicated to the House of Commons; and their Concurrence desired.

E. of Suff's Order.

The Earl of Suff's Order was read, and Agreed to. (Here enter it.)

Oakley to be heard.

Ordered, That Oakly shall be heard on Monday Morning next.

Sawyer's Ordinance.

Sawyer's Ordinance was read, and Agreed to, for taking of his Composition. (Here enter it.)

L. Balmerino and Sir R. Heath.

Ordered, That the new Judges shall join with the rest of the Judges, in considering the Lord Balmerino's Case.

Message to the H. C. about the following Particulars.

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

1. To put them in Mind of Captain Hutcbins' Business.

2. To communicate to them Prince Rupert's Letter.

3. To put them in Mind of the Earl of Stamford's Petition.

4. To put them in Mind of the Scotts Reformadoes Business.

5. To recommend to them the Petition of the Lady Chaworths; and desire their Concurrence, that it be referred to the Committee of Lords and Commons for Sequestrations.

6. To communicate to them the Report this Day, "That Colonel Martyn may command the Foot in Chief, under Colonel Dulbeir, in the Expedition before Dunnington Castle."

Message from thence, with Ordinances, &c.

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

To desire Concurrence in these Particulars:

1. An Ordinance concerning the City of Bristoll. (Here enter it.)

Agreed to.

2. An Ordinance to pay to the Earl of Lyncolne One Hundred and Twenty-one Pounds, Two Shillings, in Course, out of the Excise. (Here enter it.)

Agreed to.

3. An Order for Ten Pounds to the Messenger that came from Newarke. (Here enter it.)

Agreed to.

4. An Order for Compositions for Wardships. (Here enter it.)

Agreed to.

5. An Order for the Committee at Gouldsmithes Hall to tender the Covenant to all Persons that come out of the King's Quarters, to compound with them.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

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

A Message was brought from the House of Commons, by Sir Wm. Lewis, &c.

To communicate divers Letters:

Letters from Prince Rupert to Col. Rossiter, that he had disengaged himself from the King's Service; and desiring a Pass for himself and others to Worcester, till he could procure one to leave the Kingdom.

"1. A Letter from Prince Rupert to Colonel Rossiter.

"SIR,

"Whereas I, my Brother Prince Maurice, Lord Gherrard, Lord Hawley, Sir Ric'd Wyllis, and divers other Gentlemen of Quality, have actually disengaged ourselves of His Majesty's Service, and desire to retire ourselves from any Action in this present War; I shall therefore desire your Favour, that you will be pleased to afford, both for me and them, our Retinues, Horses, and other necessary Accommodations, your Pass from hence to Worcester; and that a Trumpet of yours may attend us thither: And I shall hereby engage my Promise, both for myself and them, that we shall not act any Thing to the Prejudice of the Parliament. I shall further request you, that you will please to grant a safe Convoy to a Gentleman, to go to the Parliament at London, to procure our free Pass to go beyond the Seas; and that he may, by virtue thereof, return in Safety to Worcester, where we shall expect their Answer. Herein you shall much oblige us all; and I shall remain,

Wyverton, this 27th of October, 1645.

"SIR,

"Your very loving Friend,

"Rupert.

"The Gentleman which we intend to address unto the Parliament, is Lieutenant Colonel Henry Osborne, whom I shall desire you to grant a Post Warrant, for his more speedy Dispatch.

"For Colonel Rossiter. These."

"2. SIR,

"Colonel Danyell is returned; for whose civil Usage in his Business, I return you many Thanks; and shall desire you, assist Colonel Osborne with your Counsel, in what you shall judge proper for the Business he is employed on; in the Dispatch whereof, you will continue your Engagement upon

Wyverton, 29 of October, 1645.

"Your very loving Friend,

"Rupert.

"To Colonel Rossiter."

3. SIR,

"I have appointed this Gentleman, Colonel Danyell, to thank you for your much Civility towards me, and to receive your Direction for our Quarters. I have also sent Lieutenant Colonel Osborne to London, to attend the Parliament there, for a Pass, for myself, my Brother Prince Maurice, and such Gentry as come along with us. I have not any Thing more at present to add, but that I am,

Wyverton, 28 of October, 1645.

"SIR,

"Your loving Friend,

"Rupert.

"For Colonel Rossiter."

Letter from Sir R Wylius that he had dilengaged himself from the King's Service; and desiring Passes for some Persons.

"SIR,

"Having left all Employment in this Kingdom, and having often received many civil Returns from you, I shall only by this once trouble you, for a Pass, for some Friends of mine which have disinterested themselves as I have done: First, for Sir Ric'd Hatton, with Three Servants and Five Horses, to go to Oxford; and One for his Lady, with Three Servants, and Four Horses, and her Coach and Sumpter, to pass to The Lawne of Benifield, near Rockingham, in North'tonshire, from Newarke; then for Doctor Gill, my Surgeon, to pass quietly to London, with Three Servants, and their Horses, Goods, and other Necessaries, from Newwarke.

"Sir, I am very sorry I shall not have the Power to proffer you the like Civilities; but, in Lieu of that, I shall assure you that I am,

"SIR,

"Your most humble Servant,

"R. Wyllis.

"For Colonel Rossiter."

Letter from Col. Rossiter, inclosing the preceding ones.

"Honoured Sir,

"I have received these inclosed Letters from Prince Rupert and Sir Ric'd Willys, which I do here present unto you by this Gentleman Major Haynes, to give you an Account of the Business; desiring to receive your Command therein, which shall exactly be observed by

Melton Mowbrey, 30 October, 1645.

"Your most humble Servant,

"Edw. Rossiter."

Upon these Letters, the House of Commons have made a Vote, and a Draught of a Letter to be sent to Colonel Rossiter; which were read, and Agreed to. (Here enter them.)

Letter to Col. Rossiter, with the following Vots.

"SIR,

"The House have received your Letter, with the inclosed from Prince Rupert and Sir Richard Wyllis, and are well satisfied of your prudent Management of this Affair of so great Concernment; and, as by the inclosed Order of both Houses you will perceive, have given you Power to grant a Pass, to the Princes, and the rest of the Gentlemen with them, according to the Desire of their Letter, upon their Engagements mentioned in the Letter of October 27. We remain

Westm. 1 Novembris, 1645.

"Your."

Col. Rossiter to give a Pass to P. Ruper: and others.

"Resolved, by the Lords and Commons, &c. That Colonel Rosseter shall grant a Pass to Prince Rupert, Prince Maurice, and the Gentlemen with them, and their Retinues, according to the Desires expressed in the Letter from Prince Rupert, of October 27, from Wyverton, upon the Engagement of the said Letter."

Ordinance to discharge Mr. Sawyer of his Deli quency.

"Whereas the Estate of Edmond Sawyer, of Kettering, in the County of Northampton, Esquire, was formerly sequestered, for the Delinquency of the said Edmond Sawyer; and sithence, to free himself and his Estate, he hath compounded and agreed with the Committee at Northampton, to pay the Sum of One Hundred and Fifty Pounds, for the Discharge thereof, and hath secured the Payment of the said Sum to the said Committee accordingly: The Lords and Commons assembled in Parliament do hereby accept and approve of the said Composition and Agreement, and, in Consideration thereof, do Ordain and Declare, and (fn. 1) it is hereby Ordained and Declared, That the said Edmond Sawyer shall be, and is hereby, fully freed, acquitted, and discharged, of and from all and all Manner of Delinquency, and of and from all Penalties, Forfeitures, and Imprisonments, by reason thereof; and further, that the Lands, Rents, Revenues, and Estate, of the said Edmond Sawyer, as well Real as Personal, shall be, and is hereby, fully and absolutely freed and discharged of and from all and all Manner of Seizure and Sequestration; and that the said Edmond Sawyer shall be, and is hereby, enabled to hold and enjoy all and every Part and Parcel of his said Lands and Estate; and shall and may have, receive, and enjoy, the said Rents, Profits, and Revenues, to be due and payable out of the same, so freed and discharged as aforesaid, from and after the Twentieth Day of this present October, as amply, and in like Manner, as he the said Edmond Sawyer, or any Person or Persons formerly holding the said Lands and Premises, heretofore had and enjoyed the same; and all Committees for Sequestrations, and every other Person and Persons authorized or employed by the Parliament, or by any Authority derived from Parliament, are to take Notice hereof, and yield a ready Obedience hereunto; any other Order or Ordinance of both or either of the Houses of the Parliament to the contrary in any Wise notwithstanding."

Message to the H. C. for Committees to consider of a Pass for Prince Rupert and others, to go out of the Kingdom.

That was Part of the Message to the House of Commons, and to desire they would nominate a proportionable Committee.

That this House doth think it fit to grant a Pass, for Prince Rupert, and his Company, to go out of the Kingdom; and that it be referred to a Committee of both Houses, to consider of the Manner of it, and report the same to this House.

To this Purpose, this House hath appointed Seven Lords, to meet on Monday, at Two post meridiem, in the Prince's Lodgings:

Ordinance to settle the Magistracy of the City of Bristol.

"Whereas Richard Aldworth One of the Aldermen of the City of Bristoll, Richard Vickris and Luke Hodges, who have heretofore been Sheriffs, and were of the Common Council of the said City, for their Fidelity to the Parliament, and adhering to it in the Defence of their just Cause, have been pronounced to be removed and displaced from being of the Company of the Aldermen and Common Council of the said City; the same being done without any just or lawful Cause, and contrary to the Rules of Justice and Laws of the Land: The Lords and Commons assembled in Parliament, having received full and ample Testimony of the Integrity and Ability of the said Richard Aldworth, Richard Vickris, and Luke Hodges, as likewise of their great Sufferings for their being faithful in this Cause, do Declare and Ordain, That such Amoving and Displacing of them, and every of them, was unjust, unwarrantable, and unlawful, and is in itself void, and of none Effect; and do further Declare, That the said Rich'd Aldworth doth continue, and is, One of the Aldermen of the said City; and that the said Richard Vickris and Luke Hodges do continue, and are, of the Common Council of the said City; notwithstanding any such pretended Removing, Expulsion, or Displacing, had or made, at any Time whilst the said City hath been in the Hands and Power of the Enemy; and do Ordain, That they be accepted, admitted, and taken, to be of the Magistracy, Government, and Common Council of the said City, to all Intents and Purposes, as they were at the Time of the Beginning of this unnatural War, or at any Time since: And the said Lords and Commons do likewise Ordain and Declare, That Francis Creswicke, the now Mayor of the said City of Bristoll, be forthwith, and is hereby, removed and displaced from being Mayor of the said City; and they do nominate and appoint John Gonning to be the present Mayor of the said City, to all Intents and Purposes, in the Room and Place of the said Francis Creswick; and do require and enjoin the Sheriffs of the said City forthwith to summon the rest of the Aldermen and Common Council of the said City, or such Officers which by and according to the Charters of the same City ought to be present, to meet at their usual Place; who are hereby likewise required and enjoined to meet and attend accordingly, and then and there to give unto the said John Gonning, according to the ancient Custom, the Oath usually taken by him which is chosen Mayor of the said City: And it is lastly Ordained, That John Harrington Esquire be added unto, and is hereby made One of, the Committees of Parliament of the said City."

Order for 121l. 2s. to the Earl of Lincoln.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That One Hundred Twenty-one Pounds, and Two Shillings, seized by the Committee of the Safety, belonging to the Right Honourable Theophilus Earl of Lincolne, shall be paid in Course, out of the Receipts of the Excise, by the Ordinance of the Eleventh of September, One Thousand Six Hundred Forty-three, unto the said Theophilus Earl of Lincolne; whose Receipts, together with this Ordinance, shall be a sufficient Discharge to the Commissioners of Excise, and every of them, for Payment of the said One Hundred Twenty-one Pounds, and Two Shillings, accordingly."

Order for 10£. to the Messenger from Melton Mowbray.

"Ordered, by the Lords and Commons [ (fn. 2) in Parliament] assembled, That the Messenger that brought the Letter and Information from Melton Mowbray, concerning the coming in of Prince Rupert and Prince Maurice, shall have Ten Pounds bestowed upon him for his Pains; and that the Committees of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith pay the same."

"An Ordinance for Composition for Wardships and Liveries; and for signing of Bills, and passing of them under the Great Seal.

Ordinance for Composition for Wardships, &c. and for passing Bills under the Great Seal.

"Whereas divers Compositions have been heretofore made, by sundry Persons, with the Master and Council of His Majesty's Court of Wards and Liveries at Westm. for the Wardships of the Bodies of divers of His Majesty's Wards; upon some of which Compositions, considerable Sums of Money have been already paid, and others are to be paid; but, in regard the Grants of the said Wardships are to pass under the Great Seal, by Bill signed by His Majesty, which, in these Times of Distraction, can not be obtained; by Means whereof, the said Persons, who have already so compounded and paid their said Monies, are without the Fruit of their said Compositions; and also as well those which have compounded and have not yet paid, as others which are prepared to compound for several Wardships, are, for the Reasons aforesaid, discouraged to make their several Compositions and Payments with the said Master and Council: The Lords and Commons assembled in Parliament do therefore hereby Ordain and Declare, That all and every such Bill or Bills as hereafter shall be signed by the Master and Clerk of the said Court of Wards and Liveries for the Time being, notwithstanding their not being signed by His Majesty, shall be passed under the Great Seal, in Form usual; and the Commissioners of the said Great Seal for the Time being are hereby required and authorized to pass Letters Patents, in Form usual, from Time to Time, under the said Great Seal, unto the several Committees, or Grants of the Marriages of the said respective Wards, according to the Tenor and Effect of the said Bill so signed as aforesaid; and this Ordinance shall be their sufficient Warrant in that Behalf; which Letters Patents so passed shall be effectual in Law, according to the Tenor thereof; the not signing thereof by His Majesty notwithstanding.

"And it is also Ordained, by the Lords and Commons aforesaid, That the Master and Council of the said Court shall proceed in all Things belonging to the Jurisdiction of that Court according to Law."

Covenant to be tendered to Persons coming from the King's Quarters.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Gouldsmithes Hall shall have Power to tender the Solemn League and Covenant to all Persons that come out of the King's Quarters to that Committee to compound, either upon Mr. Speaker's Pass, or otherwise; and to secure such as shall refuse to take the Covenant, until they shall conform thereunto."