House of Lords Journal Volume 8: 24 February 1646

DIE Martis, 24 die Februarii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Ingle, &c. and Cornwallis.

Upon reading the Petition of Captain Ingle, concerning his Business in Marylande.

(Here enter the Petition.)

It is Ordered, That this House will hear the Cause this Day Sevennight, at this Bar, by Counsel on both Sides; and that all Proceedings against him at the Common Law be stayed.

Reduced Scots Officers Petition for Arrears.

Upon reading the Petition of the Scotch Officers reduced the 5th April last; desiring "they may have some Part of their Arrears paid unto them, whereby they may be enabled to give Satisfaction to their Creditors."

It is Ordered, That this Petition be recommended to the House of Commons.

Sir H. Mildmay's Claim.

Ordered, That the Cause of Sir Henry Mildmay is put off until Friday come Three Weeks.

Chamberlain's Cause.

Ordered, That Mr. Chamb'l' Cause is put off till Friday next.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons to the Message sent Yesterday:

That they agree to the Pass to Mr. Bacon; as to the rest of the Particulars, they will send an Answer by Messengers of their own.

Message from thence, with a Vote for abolishing the Court of Wards.

A Message was brought from the House of Commons, by Sir Henry Vane Junior, Knight, &c.

That in this Time of great Distractions, wherein the Lords and the House of Commons, and the whole Kingdom, have adventured their Lives and Fortunes, and for Recompence to the whole Kingdom, they have thought to take away a great Burthen; therefore have made a Vote, wherein the House of Commons desire their Lordships Concurrence.

The Vote was read, as follows:

"That the Court of Wards and Liveries, and all Wardships, Liveries, Primer Seizins, and Oustre les Maines, and all other Charges incident or arising for or by reason of Wardship, Livery, Primer Seizin, or Oustre le Maine, be from this Day taken away; and that all Tenures by Homage, and all Fines, Licences, Seizures, and Pardons for Alienation, and all other Charges incident thereunto, be likewise taken away; and that all Tenures by Knights Service, either of His Majesty or others, or by Knights Service, or Soccage in Capite of His Majesty, be turned into Free and Common Soccage."

Resolved, upon the Question, nemine contradicente, That this House agrees to this Vote as it is now brought up from the House of Commons.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Vote now brought up.

Message from the H. C. with an Ordinance and Orders.

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.

To desire Concurrence in divers Particulars:

1. An Ordinance for the Moiety of the Excise of the City of Bristow, to be for the Maintenance of the Garrison of Bristoll. (Here enter it.)

Read, and Agreed to.

2. An Order for Five Pounds for Joane Wilson, out of Haberdashers Hall.

3. An Order for Mr. Whitlock to have the Lord Littleton's Books.

4. An Order for remitting the Earl of Carberie's Crimes, in reference to his Military Employments.

5. An Order for continuing the Ordinance for the Northern Association. (Here enter it.)

Agreed to.

6. An Order for Mr. Tho. Morgan, Mr. Wm. Herbert, and Mr. Edmond Morgan, to be of the Committee of Gloucester, Hereford, Monmouth, &c. (Here enter it.)

Agreed to.

7. That Colonel Kerle be Governor of Monmouth.

8. An Order for Power to the Committee at Gouldsmithes Hall to suspend Sequestrations.

9. Order for the Lord Savill's Enlargement, and to declare himself to a Committee.

Ordered, To be taken into Consideration on Friday next.

10. An Order for Tuesday Fortnight to be the Day of Thanksgiving in the City and Ten Miles about, for the good Success in the West.

Ordered, That the Day be changed from Tuesday to Thursday come Fortnight.

The Lord Wharton reported divers Papers from the Committee of both Kingdoms:

Papers between the H. C. and the Scots Commissioners.

"Die Lunæ, 23 Feb. 1645.

"At a Committee of the Members of both Houses that are of the Committee of both Kingdoms.

Ordered, That it be reported to the House of Lords, that the Scotch Paper of the 27 Jan. was not sent to the House of Commons by the Committee of both Kingdoms; nor was the Answer of the House of Commons of the 12th of February sent to the Scotts Commissioners by the Members of both Houses that are of the Committee of both Kingdoms."

Another Paper.

"Ordered, That the Letter from Colonel Needham to this Committee, without Date, be reported to both Houses."

"At a Committee of the Members of both Houses, &c.

Col. Needham to be Governor of Leicester, and Colonel of a Regiment of Foot; and Cambridge to be his Major.

"Ordered, That both Houses be desired (if they think fit), that their Order concerning Colonel Needham to be Governor of Leycester may be amended, it seeming to be defective; and that he may have Commission to be Governor of the Town, and Colonel of a Regiment of Foot, to bear Date from the Time of the Re-taking of Lecester by Sir Thomas Fairefax; and that Major Cambridge may be Major to the same Regiment of Foot, and his Commission to bear the same Date."

Agreed to.

Colonel Nedham's Letter was read, as follows:

Letter from Col. Needham, about the Terms demanded by Gen. Hastings so Surrender of Ashby de la Zouch.

"Right Honourable,

"Upon my Second Meeting with General Hastings, I found him stiffly to prosecute his First Demands, and utterly unsatisfied with what your Lordships had granted; affirming, that the Benefit would very little accrue to him by taking off his Sequestration, his Estate being little or nothing worth, and so should part with such a considerable Garrison upon so poor and inconsiderable Terms; and therefore would have those listed Officers and Gentlemen that he had given in, to have their Sequestrations taken off, or else no further Speech to be had upon the Business; but at last the Conclusion of the Business came to this, That the Sequestrations of his own Brother's, the Earl of Huntingdon and Colonel Perkins the Governor their Estates to be taken off; and that if the Parliament will grant a Power to Sir Ric'd Skevington, of Coventry, and myself, to compound with them for their Delinquency, that then, upon such a Grant, they have absolutely engaged themselves to flight their Garrison, without any further Excuse or Delay. I shall humbly beseech your Honours, that, if your Wisdom and grave Considerations shall think this fit, and us so faithful as shall incline you to it, that Sir Arthur Heslerige might be added in the Commission; for I doubt not but I shall get General Hastings to consent to it, and that the Business might be dispatched with all Expedition; for, besides the great Concernment of this County, it will prove of great Consequence to our Leaguer at Newarke; for Ashby being reduced, their Horse, after once broke out (which shortly expected), must of Necessity march so far as they are not likely to annoy them any more, which otherwise is extremely feared; besides, if once come thither, it is much to be questioned how the Lord of Loughborough shall be Master of his own Intention in this Business.

"But I now rest, who am,

"My Lords,

"Your most humble Servant,

"Jo. Needham."

Payment of Monies chargeable on the Court of Wards.

"Resolved, &c. That Provision be made, as shall be by both Houses of Parliament (fn. 1) thought meet, for Payment of such Sums of Money as be charged, or chargeable, or assigned out of any Revenue belonging to the Court of Wards and Liveries, appointed to be paid to any Person or Persons out of such Revenue."

The Concurrence of the House of Commons to be desired herein.

Message to the H. C. about the Orders for Bristol and Northern Association;

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

1. To let them know, that this House agrees to the Two Orders for the Garrison of Bristoll, and for continuing the Association of the Northern Counties.

the Thanksgiving;

2. To let them know, that this House agrees to the Order for the Day of Thanksgiving, with the Alteration of the Day from Tuesday to Thursday come Fortnight.

Vote Co about the Wards.

3. To desire Concurrence in the Vote, and the Order concerning the Officers of the Court of Wards, and the several Sums of Money charged and assigned out of that Court.

and for Col. Needham to agree with Gen. Perkins, for the Surrender of Ashby de la Zouch.

4. To deliver to them the Report, and the Letter of Mr. Needham Governor of Leycester, and to let them know, that this House agrees that the Sequestrations of those Three Persons mentioned in the Letter be taken off; and that it be referred to Sir Ric'd Skevington and the Governor of Leycester, to compound with the rest of the Persons; and the Concurrence of the House of Commons to be desired herein.

Mrs. Cromwell and Sir H. Tracy.

Ordered, That the Cause between Mrs. Cromwell and Sir Humphry Tracy shall be heard on; and that the Officer of the Rolls shall bring into this House, at the Hearing of the Cause, the Original Decree.

Ordered, That the Answer of the Assembly of Divines shall be printed and published, as was formerly Ordered.

Letter from the Committee with the Army.

A Letter from the Earl of Rutland was read, with a Paper inclosed. (Here enter it.)

Answer of the Assembly to a Remonstrance of their Dissenting Brethren, to be published.

Ordered, by the Lords in Parliament assembled, That the Answer of the Assembly of Divines to a Remonstrance lately delivered into the said Assembly by Thomas Goodwin, Ieremy Burroughes, William Greenhill, William Bridge, Phillip Nye, Sydrach Symson, and William Carter, declaring the Grounds and Reasons of their declining to bring into the Assembly their Model of Church Government, shall be printed and published by the said Assembly.

Order for the Moiety of the Excise of Bristol for the Use of the Garrison there.

"Whereas, for the present Maintenance of the Garrison of the City of Bristoll, which may also conduce to the better Settlement of the Excise in those West Counties, there will be required greater Sums of Money than can in the present Condition of those Parts be well raised by Contribution: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Receipts of the Excise and new Impost, within the said City of Bristoll and the District of the Office thereof, shall be wholly (the Charges of the Collection deducted) appropriated to the Maintenance of the Forces of the said City; the which Monies the Commissioners of Excise are hereby authorized to make due Payment thereof accordingly to the Treasurer of the Garrison of the said City, whose Receipt or Receipts shall be a sufficient Discharge unto the Commissioners of Excise and their Deputies, and every of them: Provided always, That this Ordinance do not commence till Eight Days after the Date hereof, nor continue in Force for longer Time than Two Months, reckoning Eight and Twenty Days to the Month, without further Order of both Houses of Parliament."

Ordinance to continue the One for the Northern Association.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance formerly passed for the Northern Association be continued till the 20th Day of March next; and all Clauses and Powers therein, except those that concern the receiving and making Use of any of the Revenues of the Crown."

Committees for Gloucester, Hereford, &c.

"The Lords and Commons assembled in Parliament do agree, that Thomas Morgan of Mathen, William Herbert of Cowldbrooke, and Edmond Morgan of Penlansarch, Esquires, be added to, and shall be of, the Committee of the several Counties of Gloucester, Hereford, Monmouth, Glamorgan, Brecknock, and Radner."

Order for a General Thanksgiving.

"Whereas Thursday Sevennight is, by former Order, appointed to be set apart for a Day of Public Thanksgiving, for the great Mercy of God, in giving up the City of Chester into the Hands of the Parliament; and whereas it hath pleased God to add a further Mercy, in the happy Success of the Forces of the Parliament against the Forces of the Enemy, at Torrington, in Devonsheir: It is thereupon Ordered, by the Lords and Commons, That the same Day, the respective Ministers, in the several Counties under the Power of the Parliament where the said Day of Thanksgiving is appointed to be observed, do praise God for this other Mercy at Torrington; and that they do stir up the People to a due Thankfulness for the same; and the Knights and Burgesses of the several Counties are to take Care that this Order be sent to the several Counties and Places they serve for, to the End that the Ministers may have timely Notice hereof."

Letter from the Committee with the Army, with a Muster of the Scots Forces before Newarke.

"For the Lord Grey of Warke, Speaker of the House of Peers at Westm. These.

"May it please your Lordships,

"I send your Lordships here inclosed an Abbreviate of the Musters of the Scottish Army. The Rolls themselves are very long, and therefore Copies of them are sent only to the House of Commons. And I beeseech you give me Leave to put your Lordships in Mind of my former Letters concerning those Forces. The Committee of Nottinghamsheir tell us of the real Ease which comes to them by the Eight Hundred Thirty-three Pounds Weekly paid by us to that Army, and that they could not have subsisted without it; and our Experiences assures us of the Truth thereof. We have paid Four Weeks Payments, and Two more are due on Wednesday next; so as the Six Thousand Pounds advanced by the Treasurers of Gouldsmiths Hall will be suddenly run out; and we know not how the Inhabitants of the North Side Trent can possibly then subsist. We cannot think of any Way for so many Horse on the North Side Trent; neither doth the Service in those Parts require the Fourth Part of them, or any more Foot than are there: And if any of their Horse should come on this Side Trent, our Forces must speedily disband, and the Siege be raised; for all we can do to get Provisions for those we have will scarcely serve; and we have already full as many English Horse on the South Side Trent as are needful for the Service, and indeed too many if the Yorkesheir Committees do not pay theirs, who write unto us they are not able, the Scottish Horse assessing on some Places of their County after Ninety Thousand Pounds per Mensem, and which, some Yorkesheir Gentlemen now with us say, is increased to the Rate of One Hundred and Ten Thousand Pounds per Mensem; but we hope the Committees of Yorkesheir will consider that not to be the Way for the public or their own Good, but will, through all Difficulties, pay their Forces whilst they are employed before Newarke, the reducing thereof so very much conducing to the Service of the whole Kingdom, especially of the Northern Parts. We earnestly desire some, authorized from the Parliament of Scotland, may come speedily to join with us, to order the Scottish Army: We have been told these Eight Weeks that they are daily expected; but we hear not of any on their Way to us.

Lincolne, 21th Feb. 1645.

"My Lords,

"Your Lordships Most humble Servant,

"Rutland."

Muster of the Scots Army before Newark.

"An Abbreviate of the Musters taken of the Horse, Foot, and Train of Artillery, of the Scottish Army, at Muskham, the 17th January, 1645.

"Horse.

Capt. Ingle, who assisted the Protestants against the Papists in Maryland, Petition, to be relieved in Actions brought against him for it by Cornwallis & al.

"To the Right Honourable the Lords now in Parliament assembled.

"The humble Petition of Richard Ingle;

"Shewing,

"That whereas the Petitioner having taken the Covenant, and going out with Letters of Marque, as Captain of the Ship The Reformation of London, and failing to Maryland; where finding the Governor of that Province to have received a Commission from Oxford, to seize upon all Ships and Goods belonging to London, and to execute a tyrannical Power against the Protestants and such as adhered to the Parliament, and to press wicked Oaths upon them, and to endeavour their Extirpation; the Petitioner, conceiving himself not only by his Covenant, but in his Fidelity to the Parliament, to be conscientiously obliged to come in to their Assistance, did venture his Life and Fortunes in landing his Men, and assisting the said well-affected Protestants against the said tyrannical Governor, and the Papists and Malignants his Adherents, and had several Bickerings with them; and it pleased God to enable him to take divers Places from them, and to make him a Support to the said Well-affected.

"But, since his Return into England, the said Papists and Malignants conspiring together have brought fictitious Actions against him at the Common Law, in the Name of Thomas Cornwallis and others, for pretended Trespasses, in taking away their Goods, in the Parish of St. Christopher's, London; and then recited the Particulars, which are the very Goods that were by Force of War justly and lawfully taken from these wicked Papists and Malignants in Maryland, and with which he relieved the poor distressed Protestants there, who otherwise must have starved and been rooted out.

"Now, forasmuch as your Lordships, in Point of State, by the Order annexed, were pleased to direct an Ordinance to be framed, for the settling of the said Province of Maryland under the Command of Protestants, and for the Indemnity of the Actors in it; and for that such false and feigned Actions, for Matters of War acted in Foreign Parts, are not by Law triable at the Common Law; but, if at all, before the Constable and Marshal; and for that it would be of dangerous Example to permit Papists and Malignants to bring Actions of Trespass or otherwise against the Well-affected, for fighting and standing for the Parliament;

"The Petitioner most humbly beseecheth your Lordships to be pleased to direct that this Business may be heard before your Lordships at the Bar, or to refer it to a Committee, to report the true State of the Case; and to order that the said Suits against the Petitioner at the Common Law may be staid, and no further (fn. 3) proceeded in.

"Richard Ingle."

"Die Jovis, 25 Decembris, 1645.

Ordinance for settling Maryland under the Command of Protestants.

Ordered, by the Lords in Parliament assembled, That the Committee for Foreign Plantations do draw up an Ordinance, and present it to this House, for the settling of the Plantation of Maryland under the Command of Protestants, and for the Indemnity of those that have or shall act in this Business."

Adjourn.

House adjourned till 9^a cras (fn. 4).