House of Lords Journal Volume 7: 14 November 1645

DIE Veneris, 14 die Novembris.

PRAYERS, by Mr. Carter.

Ds. Grey de Warke, Speaker.

Ordinance for Mr. Lathom to be Rector of Standish.

An Ordinance was presented to the House, for making of Mr. Paul Lathom Rector of the Church of Standish, in the County of Lancashire; and read Twice, and committed to the Consideration of these Lords following:

Any Three, to meet when they please.

Ordinance for Mr. Gee to be Rector of Eccleston.

Another Ordinance was presented to the House, for the making of Mr. Edward Gee Rector of the Church of Eccleston, and for providing for the Chapel of Dauglasse, in the said Parish of Eccleston; and read Twice, and committed to the former Committee.

Answer from the H. C.

Doctor Aylett and Mr. Page return with this Answer to the Message sent to the House of Commons Yesterday:

That they agree to the Paper concerning the Army; as to the Earl of Chesterfield's Petition, the Alteration in the Ordinance concerning Plymouth, and the Addition to the Ordinance concerning Lieutenant Colonel Boulstrode, they will take them into Consideration, and send an Answer by Messengers of their own.

Ordinance about Winwick Parsonage.

An Ordinance concerning the Parsonage of Winwicke, was presented to this House, and read Twice, and committed to the Committee for the Church of Standish.

The Committee to meet on Monday Morning next.

The Lord North reported a Paper from the Committee of the Admiralty; which was read, as follows:

"Die Sabbati, 25 Octob. 1645.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Prohibitions at Common Law to be prevented from staying Suits in the Admiralty Court.

"Whereas, by the Petition of Thomas Middleton Mariner, and the Complaints of divers others, this Committee is given to understand, that Prohibitions are frequently solicited and obtained, at Common Law, to stay Proceedings in the High Court of Admiralty; which is represented to us as a great Grievance, and an Intrenchment upon the Jurisdiction of that Court, and that such Obstruction tends to the Discouragement of the Mariner, and Prejudice of Navigation and Trade."

Ordered, That it be recommended to both Houses of Parliament, to appoint certain Members of either House, to be a Committee of Lords and Commons, to consider of the said Grievance, and to report their Opinion to the Parliament; and that they may thereupon settle and determine the Jurisdiction of the said Court of Admiralty, as in their Wisdoms shall be thought fit.

Committee to consider of it.

Ordered, That this House appoints this Committee following, to join with a Committee of the House of Commons; and to desire their Concurrence therein, and to appoint a proportionable Committee:

Message from the H. C. with an Ordinance.

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

To desire Concurrence in an Ordinance for issuing out One Thousand Pounds, out of the Excise, for the Forces in Monmouth. (Here enter it.) Read, and Agreed to. The Answer returned was:

Answer.

That this House agrees to this Ordinance.

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 the Business of Vice Admiral Batten.

2. To put them in Mind of Hancok's Business.

3. To put them in Mind of the Names of the Persons to be added to the Committee for the County of Devon.

4. To communicate the Paper reported this Day from the Committee of the Admiralty; and to let them know, that this House hath appointed a Committee of Five Lords, to consider of it; and to desire that they would nominate a Committee of a proportionable Number of their House, to join with the said Committee, as is desired.

5. To put them in Mind of the Ordinance formerly sent down, concerning Sir Rob't Sharpy.

Sir C. Mordant and Cole.

The House heard the Counsel on both Sides, concerning the Difference between Bassett Cole Esquire Plaintiff, and Sir Charles Mordant Defendant.

The Plaintiff complaining, "That the Defendant hath not obeyed to perform an Order of this House;" the Defendant alledged an Agreement between them, to which Mr. Cole (fn. 1) agreed.

But there appearing nothing satisfactory to this House, but that Sir Charles Mordant hath not obeyed the Order of this House, in performing what was Ordered: It is Ordered, That Sir Charles Mordant shall perform the Order of this House, which is to stand in Force; and that the said Sir Charles Mordent shall be continued in Custody of the Gentleman Usher, until he perform and yield Obedience to the said Order.

Ordinance concerning Westminster College.

The Earl of Manchester reported from the Committee, the Ordinance concerning the College of Westm. "That they think it fit to pass, with some Alterations;" which, being read, were approved of; and Ordered to be communicated to the House of Commons, for their Concurrence.

The Earl of Manchester reported a Paper from the Committee of both Kingdoms; which was read.

Die Jovis, 13 die Nov. 1645.

At the Committee of both Kingdoms, at Derby House.

Two Gentlemen will leave the King's Service, on the same Terms being granted them that P. Rupert had.

"Ordered, That it be reported to both Houses, That Two Gentlemen now actually in the King's Service are desirous to disengage themselves of that Service for the future, upon the same Terms that are granted to Prince Rupert; that neither of them are within the First Exceptions made in the Propositions for Peace: And it is the Opinion of this Committee, That it were for the Advantage of the Parliament's Service, that a Pass were granted to them, with their Children, Servants, Horses, and other Necessaries, to go beyond the Seas, if the House shall think fit; and because the making thereof public might occasion the Ruin of the Gentlemen, the Committee thought fit to conceal their Names till they should be from under the Enemy's Power, and be come into the Parliament's Quarters."

Ordered, That it is the Opinion of this House, to leave it to the Committee of both Kingdoms, to give a Pass to the Parties, to come into the Parliament's Quarters.

Answer from the H. C.

Doctor Aylett and Doctor Heath return this Answer from the House of Commons:

That they are now in great Business, and will return an Answer by Messengers of their own.

Message from thence, with a Letter to Scotland.

A Message was brought from the House of Commons, by Mr. Robert Goodwin;

To desire Concurrence in divers Particulars:

1. A Letter to the Parliament of Scotland, from both Houses. (Here enter it.) Read, and Agreed to.

concerning the one to the King of Denmark and M. of Brandenburgh;

2. That they have made some Alterations in the Letter to the King of Denmarke, and also to the Instructions, wherein they desire Concurrence.

(Here enter it.)

Agreed to.

3. An English Letter to the King of Denmarke.

4. A Letter to the Marquis of Brandenburgh.

5. Votes about the Letters to the King of Denmarke. (Here enter (fn. 2) them.)

Agreed to.

and for a Committee to meet about Church Government.

6. That the House of Commons doth agree to the Order touching the Committee concerning Church Government; and they desire their Lordships to appoint a Time for this Committee to meet; and that the Assembly of Divines may be acquainted with it.

Ordered, To meet in the Afternoon, upon Monday next, in Jerusalem Chamber, at Three a Clock.

The Answer returned was:

Answer.

That this House hath appointed Monday next, in the Afternoon, at Three of the Clock, in Jerusalem Chamber, for the Committee to meet concerning Accommodation in Church Government; and concerning the Letters to the King of Denmarke and the Marquis of Brandenburgh, they will send an Answer by Messengers of their own: To the rest of the Particulars, this House agrees.

Mr. Rowe to carry the Letter to Scotland.

Ordered, That this House thinks it fit, that Mr. Rowe doth carry the Letter to the Parliament of Scotland; and to desire the Concurrence of the House of Commons herein.

Letters to the K. of Denmark, &c.

The Letter to the King of Denmarke, and the Letter to the Marquis of Brandenburgh, were Agreed to, with some small Alterations; and the Concurrence of the House of Commons desired herein.

Message from the Assembly, about a Version of the Psalms.

A Message was brought, by Mr. Doctor Smyth &c, from the Assembly.

The Paper was read, as follows. (Here enter it).

Thanks was given them, for their Pains in this Business.

Message to the H. C. about the Letters to Scotland and Denmark.

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

To desire their Concurrence in the Alterations in the Letters to the King of Denmarke, and to the Marquis of Brandenburgh.

2. To desire Concurrence, that Mr. Will. Row may be sent with the Letter to the Parliament of Scotland.

Order for 1000l. for Monmouth.

"Whereas, by an Order of the House of Commons, bearing Date 3 Novembris, 1645, One Thousand Pounds is assigned, out of the Receipts of the Excise, to be paid in Course, for the Service of the Forces of the County of Monmouth, the which said Sum of One Thousand Pounds is advanced, by Thomas Andrewes Alderman of the City of London, Joshua Fowler Merchant, and others, by Way of Loan, to be re-paid in Course as aforesaid: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Sum of One Thousand Pounds, with Interest, shall be reimbursed and paid unto Thomas Andrewes Alderman, and Joshua Fowler Merchant, in Course; and shall have Interest, after the Rate of Eight Pounds per Centum, paid unto them, by the Commissioners of Excise, at each Six Months End, until the whole Sum, with the remaining Interest, shall be paid as aforesaid; which several Payments of Interest, and Principal Money and Interest, as aforesaid, the said Commissioners of Excise are hereby required and authorized to make due Payment of, from Time to Time, according to the true Intent and Meaning of this Ordinance, unto the said Thomas Andrewes Alderman, and Joshua Fowler Merchant, their Executors, Administrators, or Assigns, or any of them, whose Receipt or Receipts for the same shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."

Letter to the Parliament of Scotland, about removing their Garrisons from the Borders.

"My Lords,

"The Commissioners lately sent into Scotland have made their Report unto both Houses, wherein (amongst other Things) they have received the Answers delivered by the Commissioners of that Kingdom appointed to meet with them, concerning the Garrisons placed by the Scottish Army in the Towns and Castles of Carlile, Newcastle, Tynmouth, Hartlepoole, Stockton, Warkworth, and Thirlewall, or elsewhere within the Kingdom of England, without the Consent of both Houses of Parliament or their Committees (the Copies whereof, and of our Demands, we herewith send you); with which Answers the Lords and Commons assembled in the Parliament of England are not satisfied, the Garrisons (according to their undoubted Right) not being removed: We are therefore commanded by them to demand, and accordingly do in their Names demand, of the Parliament of Scotland, the Removal of the Scottish Forces out of these Cities, Towns, Castles, and Places; and, to the End that the Kingdom of Scotland may not be streightened in Time, they desire this may be done before the First of March next; and are further commanded, in their Names, to assure you, that thereupon all Accommodation shall be made for the Security of the Scottish Army, according to the Offers and Engagements of their Commissioners in that Behalf; it being the earnest Desire and Intention of both Houses, to use all Ways and Means for the Continuance of a right Understanding and good Correspondence between the Two Kingdoms, and, if possible, of a nearer Union and Conjunction.

My Lords, we wish all Happiness to your Proceedings; and rest

Your Lordships very affectionate Friends and humble Servants, Grey de Warke, Speaker of the House of Peers pro Tempore.

"Wm. Lenthall."

Letter from both Houses to the K. of Denmark, that they could not receive Sir J. Henderson as his Minister, on Account of his Delinquency here.

Regi Daniæ.

Serenissime ac Potentissime Rex, ac Domine Domine Benignissime,

Persuasum habentes vestram Majestatem Hendersonum huc remittere noluisse, si nostræ de eo querentes Literæ ante ejus Reditum redditæ fuissent; nos earundem (quæ forsan periisse possunt) Exemplar hie transmittendum censuimus, quo & nostrum in vestram Majestatem Studium, & Jure aversum ab isto Hendersono Animum perspiciendum rursus exhiberemus. Quod autem vestra Majestas Christiani Orbis pertinacem ac indies crescentem Calamitatem miserta, condolenti etiam Oculo Angliæ Mala intuita, suam huic Regno Operam diutius subtractam non velit, sed potius Mediationem suam ad reducendam nostram Pacem, ac restaurandam antiquam inter nostrum Regem & ejus Regna Concordiam, nobis offerre decreverit: Illud sane laudabile vestræ Majestatis Conamen & Studium gratissimo agnoscimus semperque agnoscemus Animo, & maximas quas possumus de tanto Favore agimus Gratias. Cum verò æquas Pacis Propositiones, quas utraque Angliæ & Scotiæ Regna (pro sacro solemniter inito & æternum duraturo Fædere) non ita pridem ad Regem nostrum misimus, comprobari & acceptari, reum Regis Concilium impediverit; nos alios æquissimos justæ Conciliationis & Pacis redintegradæ Articulos jam remittere statuimus; quibus quidem tum ablatum vestræ Majestatis hoc in Negotio Studium minus utile & meritò temperandum videtur, tum etiam toti Christiano Orbi pariter ac vestræ Majestati abundè liquescere poterit, nunquam nos À veræ Pacis Cogitatione fuisse, nec unquam futuros alienos; quin nos id solùm anxiè & meritò semper agere, ut Tribus hisce Regnis non sucata, sed genuina & durabilis Pax; Regi nostro debitus Honor, Decor, & Prosperitas sua; Orthodoxæ Religioni Observantia, Parliamentis fundamentalia sua Privilegia, atque Subditis æqua & avita Libertas, secundùm horum Regnorum Jura & Constitutiones, & genuinum sacra inter Britannicas Nationes solemniter pacti Fæderis Tenorem, restituatur & conservetur. Hæc verò omnia, & alia quæ in Mandatis dedimus, ut vestra Majestas ex Viro spectabili Richardo Jenkso Pluribus exposituro, benignè & plenâ Fide intelligere velit, instantissimè rogamus, vestram Majestatem quám diutissimé & prosperrimæ vivere, & omnia agree voventes."

Instructions.

Instructions for the Agent going to Denmark.

The Confidence we have of your Ability and constant Fidelity induceth us again to employ (fn. 3) you to the King of Denmarke, to whom you are accordingly with all possible Expedition and Speed to transport yourself; and, being arrived where you shall hear of His Abode, you are without any Loss of Time to demand Audience; and then, in due Manner, to deliver our Letters, the Copies whereof (which shall be delivered unto you) might serve you for Information of what Offices you are there to perform; but yet, for your further and fuller Direction and Knowledge, you are to follow and observe these ensuing Instructions:

It is not unknown unto you, how that King hath lately sent again into this Kingdom Sir John Henderson, against our Expectation; we having, upon the former Coming hither of the same Person (after we dismissed him out of Prison only in Consideration of that King), desired His Majesty, by our Letters, to forbear hereafter the Employment of him, and such others as were guilty of Treason, as this Henderson is, for having a long Time born Arms, and by all Sorts and Acts of Hostility discovered his ill Affections and traiterous Mind as well against his native Country the Kingdom of Scotland, as this Crown of England; which Letter of ours having been put into your Hands safely to be sent to His Majesty, you will the easilier find out, whether it hath been delivered or not; and, finding that it was not, then you are to deliver the Duplicate thereof you will receive to that End.

2. Howsoever, you are to assure that King, That, not doubting of His Royal Good-affection towards us, we also doubt not, but, had He received our said Letters before He dispatched Henderson the Second Time hither, or had He but been informed by Henderson himself in the Truth of his First Journey and Behaviours, He would rather have forborn than suffered this his Second Sending and Coming over again; Henderson knowing full well he could not be well received here, by what Pretence or Quality soever he could colour and cover himself; and therefore, out of our great Respect towards that King, rather than to punish him, and use him according to his Demerits, we have willed him to make his Repair back again, without meddling with whatsoever that King may have commanded or given him Order in; yet, all his Disservices notwithstanding, the great Honour and Devotion we bear to that King hath prevailed so much, that we have with due Respect received His Royal Letters, and, upon due Consideration thereof, found good by you (expressly sent for that Purpose) to return our humble Thanks unto His Majesty, for His Royal Offer of Mediation; which as we will always with all Honour and Gratitude acknowledge, and remain constant in our Esteem of His Princely Merits and Favours towards us, and in our Affections and Endeavours toward Him, so do we hope and crave, that His Majesty will likewise continue His wonted good Affection towards us, and his laudable Care for the Preservation of the mutual Friendship betwixt the Nations on both Sides.

And because these Kingdoms of England and Scotland are so united by their solemn League and Covenant, that none without the other may enter into any Treaty touching War or Peace of either Kingdom; the said Realms have not long since jointly, with One Accord, sent some reasonable Propositions for a firm and solid Peace unto the King our Lord, of which though His Majesty's old ill Council (which hath so long misled Him) did then so much prevail, that the desired Success and expected Acceptation did not ensue; yet nevertheless, since it hath pleased God ever since to give many apparent Testimonies of His great Mercies towards us, the said Two Kingdoms, never receding from their lawful Duty and Christian Obedience, are resolved and preparing again some most reasonable and equitable Propositions, to be sent unto His said Majesty our King; whereby as we cannot but hope to reap the long and much-desired Fruits of a perfect Peace, so, as that King's Royal Offer and Office of Mediation will be no Way requisite, so also shall it plainly appear, both to that King and before all the Christian World, that our sole and whole Aim hath always been, and is still, bent to re-establish and settle these Kingdoms in an unfeigned true Peace and Tranquillity; our King in His Royal Throne with all due Honour, Glory, and Prosperity; the Church in the Orthodox Religion; the Parliaments in their fundamental Privileges; and all the Subjects in their due and ancient Liberty; all according to the fundamental Laws and Constitutions of this Brittish Empire, and to the Solemn National Covenant mutually sworn between these Kingdoms.

"You are to give us speedy Advertisement of your Negociation, and of all that shall pass betwixt the King or His Council and you; and also take Order with Mr. Parker at Hamburg, and others wellaffected in those Parts, to give us from Time to Time constant Advertisement of what the King treats or doth, that may reflect on us."

Message from the Assembly, concerning Mr. Rouse's and Mr. Barton's Versions of the Psalms.

To the Right Honourable the House of Lords assembled in Parliament.

The Assembly of Divines having received from this Honourable House an Order, bearing Date Octobr. 17, 1645, to read over and judge of Two Books of David's Psalms, composed in English Metre, by Mr. William Barton, and thereupon to return their Judgement to this Honourable House, do humbly certify, That they had long before received an Order from the Honourable House of Commons, bearing Date Novembr. 20, 1643, to give their Judgement touching the Psalms composed in Metre by Mr. Rouse, a Member of that House; and that thereupon there was a Committee appointed by this Assembly, to consider of these Psalms; and that the same Committee had with much Care perused, and with great Diligence concurred with the same Learned Gentleman, to amend and perfect his Copy, and had fully finished that Work, before they received the said Order from the Honourable House of Lords; and withall that the greatest Part of this Version was sent to the General Assembly of the Church of Scotland, and there put into the Hands of a Committee, and by that Committee, so far as they have examined it, very well approved; yet, in Obedience to the Order of this Honourable House, they appointed a Committee to consider thereof; and, upon the whole Matter, do find Reason to certify this Honourable House, That albeit the said Mr. Barton hath taken very good and commendable Pains in his Metaphrase, yet the other Version, so exactly perused and amended by the said Mr. Rouse and the Committee of the Assembly with long and great Labour, is so closely framed according to the Original Text, as that we humbly conceive it will be very useful for the Edification of the Church.

Cornelius Burges, Prolocutor pro Tempore.
Henry Robrough, Scriba.
"Adoniram Byfeild, Scriba."

Letter to Col. Pointz, about Capt. Pendock's plundering the E. of Clare's House at Haughton, and ill-treating his Children and Servants.

Colonel Pointz,

This House having certain Information, by the Complaint of the Earl of Clare, whose Sequestration is taken off by Order of both Houses of Parliament, That Captain Pendock (under your Command) hath much abused his Lordship (being quartered in a Village near Haughton, his Lordship's House of Residence), commanded from the said House Provisions of Corn and other Things to the Value of above Four Pounds every Day; with which not being satisfied, hath committed his Lordship's Servants to the Common Goal, with Rogues and Cutpurses; and hath injuriously and insufferably wronged his Children, against the Privilege due unto a Peer of this Realm; which Things this House cannot but think is done altogether without your Privity, and much contrary to your Mind: I am therefore commanded, as Speaker, to write unto you, and to require, in the Name of the House, that you make a thorough Examination of the said Abuses; and that what Reparation may be, be forthwith made; and that the Offenders be (fn. 4) exemplarily punished (if you shall find them guilty of the Complaints above-mentioned), as well for the righting of the said Earl, as deterring of others to commit the like Abuses hereafter, which will be a Service very acceptable to this House.

So, having nothing further to trouble you with at present, I rest

Westm. the 12th of November, 1645.

Your loving Friend,

"Grey of Warke, Speaker of the House of Peers pro Tempore."

Adjourn.

House adjourned till 10^a cras.