House of Lords Journal Volume 8: 22 January 1646

DIE Jovis, 22 die Januarii.

PRAYERS, by Mr. Ward.

Ds. Grey de Warke, Speaker.

Turner and Wilgrice.

The Petition of Thomas Turner, Mariner, read; desiring, "That he may have Twenty Pounds deposited in the Hands of the Clerk of the Parliaments, touching a Business between him and one Wilgris; and that there may be a Day appointed to hear the Cause."

The Orders in the Cause are to be perused.

Ordinance concerning Covent Garden Church.

A Report was made by the Committee, "That an Addition may be made to the Ordinance for Coven Gardaine:" Which, being Thrice read, was passed, and Ordered to be sent to the House of Commons for Concurrence.

The Earl of Warwicke reported a Paper from the Committee of Lords and Commons for the Affairs of Ireland; which was read, (videlicet,)

"At the Committee of Lords and Commons for Ireland.

Die Martis, 20 Januarii, 1645.

Captain Plunkett versus Todd, Mac Alexander, & al. an Appeal from the Admiralty Court.

"This Committee having this Day, in Pursuance of the Order of Reference made by the House of Peers in Parliament the 17th of this Instant, taken into Consideration the Petition of Captain Tho. Plunkett, presented to their Lordships, whereby he desireth a full Hearing, at the Bar of the Peers House, of a Cause betwixt him and John Todd, Andrew Mac Alexander, and others, which had received Sentences both in the Court of Admiralty, and before a Commission of Delegates; and having heard what was offered on the Behalf of both Parties: This Committee are of Opinion, That, the Cause having so far proceeded, they are under no Capacity to do any Thing therein; but the Petition being in itself properly an Appeal to the House of Peers, their Lordships may be pleased to resume it, and proceed therein as they shall think meet.

"By Order of the said Committee.

Wm. Hawkins, Secretary.

Committee to hear the Parties.

Upon (fn. 1) this, the House Ordered, That these Lords following shall hear both Parties, and state the Business; and then report the same to this House:

Any Two to meet on Friday next, at Three of the Clock in the Afternoon.

Lord Say & Seale's Claim to the Wardenship of the Cinque Ports, &c.

This Day being appointed for hearing the Cause of the Lord Viscount Say & Seale, and the King's Counsel, touching his Lordship's Claim to the Warden of the Cinque Ports, and Constableship of Dover Castle; but the Counsel of the King not attending: It is Ordered, That the Cause shall be heard this Day Sevennight; and that the King's Counsel shall have speedy Notice, as they may prepare themselves to argue the King's Claim; and that Affidavit shall be made to this House of the respective Answers of the King's Counsel.

Propositions for Peace.

Ordered, That it is referred to the Committee to consider of the Branches of the Fifteenth Proposition, concerning the Persons that are to forfeit their Estates, to draw up, with the Help of the Judges, what Alterations (fn. 2) are to be made, according to the Sense of the House; and it is also referred to them, to draw up a Proposition, That Attainders upon Treason should not extend further than to such as commit them.

The Committee to meet this Afternoon.

Message from the H. C. with a Letter that Dartmouth is taken;

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

1. To acquaint their Lordships with a Letter of the Taking-in of Dartmouth; which was read accordingly.

(Here enter it.)

Ordered, That Mr. Stronge and Mr. Lee are to preach at Martaine's in the Feilds, before the Lords, for a Thanksgiving of the Taking-in of Dartemouth.

with an Ordinance;

2. Ordinance for continuing Sir Wm. Brereton in his Command for Forty Days longer. (Here enter it.)

Agreed to.

Votes about Church Government;

3. To communicate divers Votes concerning Church Government, wherein their Lordships Concurrence is desired.

for a Thanksgiving for the Taking of Dartmouth; and for a Conference about the Ordinances for Martial Law.

4. To acquaint the Lords, that the House of Commons hath appointed this Day Fortnight for a Day of Thanksgiving, for taking-in of Dartmouth, to be kept within the Cities of London and Westm. Lines of Communication, and Ten Miles about; and this Day Three Weeks for all other Places in the Country; and that Mr. Bond and Mr. Harford are appointed to preach before the Commons House; and to desire their Lordships Concurrence herein.

Agreed to.

(fn. 3) 5. To desire a Conference, by a Committee of both Houses, concerning the Ordinance for Martial Law.

Lord Savill to have the Liberty of The Tower; and his Physician to have Access to him during his Illness.

A Petition of the Lord Savill was read, shewing; That, at this present, and for many Days, he hath laboured in great Extremity, under sharp Fits of the Stone, so vehement as he fears may endanger his Life.

"That, in the Place he is, the Means for the Ease of his Disease, and Advice of his Physician, having many Impediments and Inconveniences; the Petitioner, in this Extremity, makes it his humble Suit to their Lordships, That, upon good Bail to be put in by him to the Clerk of this House, or to the Lieutenant of The Tower, he may, for the Accommodation of his Health, dispose of himself in some private House for a Season."

Upon this, the House Ordered, That the Lord Savill shall have the Liberty of The Tower, and that his Physician be permitted to come unto him.

Answer to the H. C.

The Answer returned to the Messengers of the House of Commons was:

1st. That this House agrees to the Order for a Thanksgiving, as is desired.

2. That this House agrees to the Ordinance concerning Sir Wm. Brereton.

3. That this House will give a Conference, in the Painted Chamber, To-morrow Morning, at Ten a Clock, concerning the Ordinance for Martial Law.

Letter from Mr. Rushworth, with an Account of the Taking of Dartmouth.

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

"Sir,

"If I write confusedly, I shall humbly crave your Pardon; for we have been up all Night, and Things are not yet in a settled Order. In my former Letters, I acquainted you how the Army was engaged before Dartmouth (a Place of as great if not greater Concernment than Exceter). It required some few Days Time to be thoroughly informed of the State of the Town; after which, it was unanimously resolved to storm the Town (for we find more Loss of Men by lingering Sieges than sudden Storms). Every Commander was allotted to his Post; and they as faithfully and valiantly performed their Duties, every Man gaining the Command of every Fort or Place that fell to his Lot, with all the Ordnance, Arms, and Ammunition. The Storm begun about One of the Clock this Morning, after the Enemy had discharged their Cannon Once. Our Men got under the Shot, and possessed the Cannon, and turned them against the Enemy (for we had no Pieces at all of our own, the Weather not admitting any to be brought). After the Line was cleared, and some Works taken, we became Masters of the whole Town, and then of Tunstall Mount and Church, Mount Boone, Mount Paradice, and The Old Castle, in which Castle are Five great Iron Guns which command the River. In the Storm, our Men possessed themselves of about Sixty Pieces of Ordnance, the Two great Forts not yet taken being a Mile from the Town: For these Two Forts, if they accept not of Quarter while they may have it, in the Opinion of the General and Lieutenant General and Commanders, we may reduce them by Force in 48 Hours, and batter them in Pieces with their own Great Guns which we have taken in Town, One whereof is a Brass Demy Cannon.

"Truly, I never see Men fall on more chearfully and merrily. Mr. Dell and Mr. Peters preached to them, and put much Life into them; and God was wonderful merciful unto us, for we had but One Man slain, and but few wounded, though the Forts played most fiercely on the Soldiers. The Commanders and Forces that were engaged in the Storm were, Colonel Hamond and his Regiment, Colonel Lambert and his Regiment, Colonel Fortescue and his Regiment, Lieutenant Colonel Prior with Colonel Harleye's Regiment, and a good Party out of the General's and Colonel Ingoldsbye's Regiment; and lastly, Two Hundred Seamen and some Dragoneers; and though the Town was entered thus by Storm, yet very little Prejudice was done to the Town, the Soldier being fair-conditioned beyond Expectation: They grumbled a little, they had not the Reward promised at Bristoll to save that Town from Plundering, which City deserves to feel the Smart of Plunder, for their Unthankfulness for so great Favours they found from the Army. The Messenger is in Haste to be gone; and for further Particulars, the House will suddenly receive an Account. It hath pleased God wonderfully to bless the Army in this Expedition further West, not only to scatter the Enemy's Horse, but to hinder the Relief intended for Exceter; and interrupted, nay quite broke, the young Generalissimo in his new Levies, relieved Plymouth, and inforced the Enemy into Cornwall, leaving a Force sufficient to besiege Exceter. If the Army had formerly advanced, leaving that City unbesieged, as it was much desired, I think the Service would not have been of so much Advantage as to take this Season. Whilst you have Commanders that are faithful, if you let them put Designs in Execution when their own Consciences and Judgements lead them to it, I hope you will have no Cause to repent it; but it is hard to please all. Just now the Enemy beats a Parley in the Forts; so you may be assured we may have them on any Terms. The General sent the Comptroller to summon the Two Men of War in the River, who yielded immediately: The One was one Captain Johnson's Ship of Newcastle, Ten Piece of Ordnance, the other of Fourteen Piece of Ordnance. At Townsall Fort, we took One Hundred and Twenty Prisoners, about Four Hundred more in the Town and other Works. I humbly take my Leave, and remain

Your most humble Servant,

"Jo. Rushworth.

"SIR,

"The Messenger is a diligent Man, and willing to come. I leave him to your Consideration.

Dartmouth, Jan. 19, 1645, 4 in the Morning.

Order to continue Sir Wm. Brereton in his Command.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir William Brereton be continued in the Place of Commander in Chief of all the Forces before Chester for Forty Days, with like Power, and in the same Manner, as he was formerly appointed; and that his Service in the House of Commons be in the mean Time dispensed withall."

Adjourn.

House adjourned till 10^a cras.