House of Lords Journal Volume 8: 25 April 1646

DIE Saturni, 25 die Aprilis.

PRAYERS, by Mr. Walker.

Comes Warwicke, Speaker this Day.

Rednes & al. and Petit & al.

Ordered, That the Cause between Rednes and Petite shall be heard on Thursday next, by their Counsel; and the Parties on both Sides to have Notice.

Ingle and Ford versus Cornwallis.

Ordered, That the Cause between Mary Foord and Cornwallis shall be heard on Tuesday next; and then the Cause between Ingle and Cornwallis to be heard the same Day.

Ordinance for Astley to be Rector of Solyhill.

An Ordinance was this Day presented to this House, and read Twice, for making Gyles Astley to be Minister of the Rectory of Solyhill, in the County of Warwicke; and committed to these Lords following:

Any Three, to meet on Thursday Morning next, at Nine of the Clock; in the mean Time, a Certificate from the Assembly is to be procured.

Papers from the Committee of both Kingdoms.

The Lord Robertes reported from the Committee of both Kingdoms:

"Die Veneris, 24 Aprilis, 1646.

"At the Committee of both Kingdoms, at Derby House.

"Ordered, That an Extract of the Letter of Sir Wm. Brereton, concerning the Render of Tutbury, with the Articles inclosed, be reported to both Houses.

"That the Paper of the Scotts Commissioners, of the 24th Instant, be reported to both Houses.

"Ex.

"Gualter Frost, Secretary to the said Committee."

The Extract of the Letter and the Articles were read. (Here enter them.)

Articles for Surrender of Tutbury Castle;

Ordered, That this House approves of the Articles; only that the Works about the Castle be demolished, but the House to be preserved from demolishing; and that, upon this Occasion, the Sequestrations of Sir Andrew Knifton and Sir John Fitzharbert be taken off.

and Chirk Castle.

Next, was read the Letter and the Articles of the Surrender of Chirke Castle, which this House approved of; and Ordered, That the Sequestration be taken off, as is agreed to. (Here enter it.)

Ships to be sent to guard the Irish Sea toward Scotland.

Next, was reported a Paper from the Scotts Commissioners, to desire that some Ships may be sent to guard the Irish Seas towards Scotland. (Here enter it.)

And it is Ordered, To be referred to the Committee for the Admiralty and Cinque Ports, to see the Business dispatched speedily.

Message from the H. C. with Ordinances.

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

To desire Concurrence in several Ordinances:

1. An Order for removing the Records of the Court of Requests, &c.

Ordered, That this Order be not taken into Consideration without a Day's Warning beforehand, that so all the Lords may be present.

2. An Order for Bussy Mansell to be Sheriff of the County of Glamorgan. (Here enter it.)

Agreed to.

3. The Commission to Mr. Annesley, Sir Robert King, and Colonel Wm. Beale, to be renewed.

(Here enter it.)

Agreed to.

4. An Order for Five Thousand Pounds to be paid, (fn. 1) out of Haberdashers Hall, for Ireland.

(Here enter it.)

Agreed to.

5. An Ordinance for Serjeant Birkhead to be Serjeant at Arms attending the House of Commons.

(Here enter it.)

Agreed to.

6. An Ordinance for Ely House to be a Prison; and to be kept by Serjeant Birkhead.

Read Twice, and committed to these Lords following:

Any Three; to meet on Monday next, post meridiem; and when after they please.

Order for Major Dingley to be Gov. of Evesham.

The Order for making Major Dingly Governor of Evesham, was read, and Agreed to. (Here enter it.)

The Order for making Major Dingly Commander of the Regiment of Foot at Evesham, was read, and Agreed to. (Here enter it.)

The Answer returned was:

Answer to the H. C.

That concerning the Orders of removing the Records of the Court of Request, and the Order concerning Ely House, their Lordships will send them an Answer by Messengers of their own: To all the rest, their Lordships agree.

Mr. King, a Pass.

Ordered, That Mr. John King, of Ware, shall have a Pass, for himself and his Servant Phillip Jourden a Frenchman, to go to Geneva.

Message from the Assembly of Divines, about Mr. Barton's Version of the Psalms, and Mr. Rous's.

A Message was brought from the Assembly of Divines, by Mr. Walker, &c. as follows:

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

"The Assembly of Divines received, April 9th, from this Honourable House, an Order bearing Date March 26th, 1646, to certify this Honourable House why the Translation of the Psalms made by Mr. Barton may not be used and sung in Churches, by such as shall desire it, as well as any other Translation; do humbly return this Answer: That whereas, on the 14th of November, 1645, in Obedience to an Order of this Honourable House concerning the said Mr. Barton's Psalms, we have already commended to this Honourable House One Translation of the Psalms in Verse, made by Mr. Rous, and perused and amended by the same learned Gentleman and the Committee of the Assembly, as (fn. 2) conceiving it would be very useful for the Edification of the Church, in regard it is so exactly framed according to the Origin Text; and whereas there are several other Translations of the Psalms already extant: We humbly conceive, that, if Liberty should be given to People to sing in Churches every one that Translation which they desire, by that Means several Translations might come to be used, yea in one and the same Congregation at the same Time, which would be a great Distraction and Hinderance to Edification.

"Cornelius Burges, Prolocutor pro Tempore."

Ordinance concerning the Revenue.

Next, the Ordinance for the Revenue † was read, and Agreed to, with in Alteration; and Ordered to be sent to the House of Commons for Concurrence.

Ordinance for making Newport Parochial.

Next, the Ordinance for making the Town of Newport Parochial, &c. was read, and passed; and the Concurrence of the House of Commons to be desired therein.

Ordinance for sending Commissioners to Holland.

The House was adjourned into a Committee of the whole House during Pleasure, to take into Consideration the Ordinance concerning sending Commissioners into Holland.

The House was resumed.

It is Ordered, To be recommended to the Committee for Foreign Affairs, to inform themselves, in case Commissioners are sent by Authority of both or either House of Parliament, how they shall be received; and then on Saturday next this House will take this Business into further Consideration.

Order for Capt. Turpin's Children.

The Order concerning Captain Turpin's Children was read, and Agreed to; and Ordered to be communicated to the House of Commons, for their Concurrence therein.

Paper from the Scotts Commissioners, for Ships to guard the North Coast of Scotland.

"Wee have received certaine Intelligence from the Estates of the Kingdome of Scotland, that there are Sixteene Vessells and Frigotts lying upon the Northerne Coasts of that Kingdome; and that, to the greate Prejudice of the Publique Service there, for a very long Tyme nos Shipps have beene sent from the Parliament of England to attend those Parts: Wee doe therefore, in Pursuance of the Directions sent unto us, earnestly desire, that, according to the Treaty betweene the Kingdomes, Shipps may bee sent to cleare and guard those Coasts with all possible Expedition.

"By Comaund of the Commissioners for the Parliament of Scotland.

24th April, 1646.

"Jo. Cheisly."

"Die Veneris, 24 Aprilis, 1646.

"At the Committee of both Kingdoms, at Darby House.

"Ordered, That an Extract of the Letter of Sir William Brereton, concerning the Render of Tutbury, with the Articles inclosed, be reported to both Houses.

"That the Paper of the Scotts Commissioners, of the 24th Instant, be reported to both Houses.

"Ex'r,

"Gualt. Frost,

"Secretary to the same Committee."

Letter from Sir W. Brereton & al. about the Surrender of Tutbury.

"Right Honourable,

"In Pursuance of your Commands, we have treated with the Governor, Commanders, and Officers in Tutbury Castle, and received the same upon the Conditions herewith sent to your Honours: which, we humbly conceive, will be to your Honours Goodliking, and the Public Service: And though we thought not fit, as knowing it not to be in our Powers, to admit of any Conditions for taking off Sequestrations (which was much insisted upon); and because we apprehended that it might be of dangerous Consequence, in regard of the Sickness increasing both in the Town and Camp, and abroad in the Country, to admit of so long Delay; we therefore the rather presumed to send up our humble Desires in the Behalf of Sir Andrew Kniverton and Sir John Fitzherbert, that their Sequestrations (if it be thought fit) may be remitted; whereunto we are the rather induced, because the Compositions of their Estates (we humbly conceive) will not countervail the Charge that the Country must have undergone had the Siege been continued but a short Time longer. Hereby you may much oblige us unto you, and we hope without Prejudice to the Service of the Parliament, when they find our Performance better than our Engagements and Undertakings.

"Notwithstanding, we shall submit all to your Honours Pleasures; desiring that our Endeavours may produce any Thing which may render us worthy to be accounted, as we shall approve ourselves,

"Right Honourable,

"Your most faithful and most humble Servants,

Tutbury, 21 Aprilis, 1646.

"Wm. Brereton.

"H. Vernon. Jo. Bowyer.

"We did further agree with the Soldiers, that those that desired to march for Venice should march without their Arms, and have Forty Shillings a Man for their Accommodation; and those that went to any of the King's Garrisons that are unbesieged (which we conceive will (fn. 4) be few or none) to have Thirty Shillings; the rest (which we believe will be most of them) are to have neither Arms nor Money."

Articles for the Surrender of Tutbury Castle.

"Articles agreed upon for the Surrender of the Garrison of Tutbury Castle, for the Service of the Parliament, April 20th, 1646.

"1. That all the Fortifications in and about the Castle be slighted, and the House made uncapable of being made a Garrison, and delivered into the Hands of them who had the Keeping thereof in the Time of Peace; and that Barton House be also slighted in like Manner as soon as possible, and delivered to the late Owner thereof, he making his Peace with the Parliament.

"2. That all Commanders, Gentlemen, and Officers in Commission, may march away, with their Horses and Arms, and their own proper Goods, and the common Soldiers with their Swords and Arms and proper Goods, to any of the King's Garrisons unbesieged, they marching Eight Miles a Day, and Carriages to be provided accordingly; and all those that desire it may have Liberty to live at Home, and enjoy their Estates, submitting to the Ordinances of Parliament, and to be secured in their Persons and Estates from Violence and Plunder.

"3. That all Officers and Soldiers that desire to go beyond Sea may have Liberty so to do; provided it be within Six Weeks Time next ensuing; in the Interim to be protected, doing nothing prejudicial to the Parliament; and no Oath to be imposed, but an Engagement (fn. 5) not to bear Arms against the Parliament.

"4. That all that desire their Sequestrations taken off may have Liberty to go to compound with the Parliament; and to have Three Months Time for that Purpose, without Interruption; and after Composition made, and Pardons sued out, they may have Liberty to dispose of their Estates as freely as formerly.

"5. That the slighting of the said Garrisons shall be begun To-morrow, or upon Wednesday next; and that all those that march from the said Castle according to the aforesaid Articles shall begin their March upon Wednesday next."

Report concerning the Surrender of Chirk Castle.

"Die Veneris, 24 April. 1646.

"At the Committee of both Kingdoms, at Darby House.

"Ordered, That it be reported to both Houses, That, in January last, this Committee gave Power to Colonel Mitton, to treat with the Governor of Chirke Castle, for reducing the same to the Power of the Parliament; and gave him Power to promise, that this Committee would endeavour with both Houses of Parliament for the Freedom of his Person and Estate; and that Colonel Mitton might promise him also a Sum of Money, provided it exceeds not Two Hundred Pounds, so as the Place were rendered within the Space of Six Weeks: That this Committee is informed, by a Letter of Colonel Mitton hereunto annexed, that he treated with him accordingly; who promised to deliver up the Place, but could not within that Time: That he hath accordingly since delivered up that Place, which is now in the Possession of Sir Thomas Middleton, whose that Castle is.

"Gu'lter Frost,

"Secretary to the same Committee."

Letter from Colonel Mitton, recommending Sir J. Waters who was Governor of it.

"To the Right Honourable the Committee of both Kingdoms. This, humbly present.

"Right Honourable,

"Upon your Honours Letter to me to treat with Sir John Waters, I sent (one Theophilus Hamon) unto him, according to your Honours Directions; who sent me his Answer by the same Party, That it should be effected as was desired; but he thought it could not be brought to pass within the Time your Honours had limited me; and therefore he desired me, that I would move your Honours for some short Time more. I have written concerning all this unto your Honours at least Five or Six Weeks since.

"Within a short Time after the Six Weeks prefixed me by your Honours, the Castle was delivered by him unto Sir Thomas Middleton's Eldest Daughter, with a strict Injunction to her to send with all Speed unto me (he having sent the aforesaid Theophilus unto me some Five Days before hither; but I being abroad about your Honours Affairs, came not back hither till the Day he delivered it, before the Return of Theophilus). I have been divers Times since at the Castle; and have spoken with Sir Thomas Middleton's Daughter, who affirmeth that the Castle is left as well furnished (and better) in all respects than when Sir John came to be Governor of it.

"All which, at his Instance, I could do no less than certify your Honours of, being my Duty unto your Honours, and no more than in Civility he may require from me, who hath carried himself so candidly with me herein, and in all his Actions (being an Enemy) shewed himself very much a Gentleman; the Fruit whereof, I have assured him, in my First Letter I wrote unto him, that he would reap by your Honours Mediation unto the Houses for him. I have no more to add, but that I remain

Rutbin, 1 of April, 1646.

"Your Honours in all humble and faithful Service,

"Tho. Mitton."

Order for 5000£. for Ireland.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Thousand Pounds be charged upon the Receipts of the Monies coming in at Habberdash'rs Hall, to be employed for the Service of the Kingdom of Ireland; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdash'rs Hall do pay the said Sum of Five Thousand Pounds, for the Service of Ireland, accordingly."

Order for Maniell to be Sheriff of Glamorgan.

"The Lords and Commons assembled in Parliament do nominate and approve of Bushy Mansell Esquire, to be High Sheriff of the County of Glamorgan; and that the Commissioners for the Great Seal of England do grant him a Commission for Sheriff of the said County accordingly."

Commission to Mr Annesley, Sir Robert King, and Colonel Beale, to be Commissioners in Ulster, to be renewed.

"It is now Ordained, by the Lords and Commons assembled in Parliament, That the Commission formerly granted to Arthur Annesley Esquire, Sir Robert King Knight, and Colonel William Beale, and lately expired, with the Instructions thereunto annexed, shall be renewed for Six Months, with Addition of this Proviso, ["That nothing in the said Commission shall extend to the Prejudice or Lessening of any Authority granted, or to be granted, by both Houses of Parliament, to the Lord Lisle Lieutenant General and Chief Governor of Ireland"]; and the Commissioners of the Great Seal are hereby authorized and required to issue out a Commission and Instructions accordingly; and the Clerk of the Crown in Chancery is hereby enjoined to prepare for that Purpose the said Commission and Instructions."

Major Dingley, to be Governor of Evesham;

"The Lords and Commons in Parliament assembleddo nominate and approve of Major William Dingly, to be Governor of Evesham; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission to be Governor of the said Garrison accordingly."

and to be Colonel of the Regiment there.

"The Lords and Commons in Parliament assembled do nominate and appoint Major Dingley, to be Colonel of the Foot Regiment now at Evesham; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission to be Colonel of the said Foot Regiment accordingly."

Order for Serjeant Birkhead to be Serjeant at Arms attending the H. C.

"Whereas John Hunt Esquire, Serjeant at Arms attending the Speaker of the House of Commons, is lately deceased; and the said House of Commons have nominated and appointed Edward Birkehead Esquire, Serjeant at Arms attending the Commissioners for the Great Seal of England, to attend the said House of Commons in the Place of the said John Hunt: The Lords and Commons assembled in Parliament, in Pursuance of the said Nomination and Appointment, do Ordain, That the said Edward Birkehead be One of His Majesty's Serjeants at Arms; and that, out of Parliament Time, he be especially attendant upon the King's Majesty's Royal Person; and that, in Time of Parliament, (fn. 6) he be especially attendant upon the Speaker of the House of Commons for the Time being; to have, hold, execute, and enjoy, the said Office, together with Twelve Pence per Diem out of the Exchequer, and a Livery out of the Great Wardrobe on the 25th Day of December Yearly, with all Profits and Advantages to the said Place belonging or appertaining, during his Life, as amply as the said John Hunt, or Edward Grimston, or any other Person or Persons whatsoever heretofore holding the said Office and Premises, enjoyed, or of Right ought to have enjoyed, the same; and Oliver St. John Esquire His Majesty's Solicitor General is hereby authorized and required to prepare a Bill, containing His Majesty's Grant of the said Office and Premises unto the said Edward Birkhead, accordingly; and that the Commissioners of the Great Seal of England do pass the same under the Great Seal; for which this Ordinance, or the Duplicate thereof, and the said Bill, shall be a sufficient Warrant."

Adjourn.

House adjourned till 10^a, Monday next.