House of Lords Journal Volume 8: 5 June 1646

DIE Veneris, 5 die Junii.

PRAYERS, by Mr. Carter.

Comes Manchester, Speaker.

E. of Cambridge will take the Covenant, &c.

The Speaker acquainted this House, "That it is the Desire of the Earl of Cambridge to take the solemn League and Covenant; and that he also is willing to take the Negative Oath: But desires it may not be conceived he doth it in the Capacity of a Delinquent; but only to shew his Readiness to comply with the Parliament, and their Ordinances."

Hereupon the House Ordered, That the Earls of Northumb. and Essex do tender the solemn League and Covenant to the Earl of Cambridge; and this House declares, That his taking the Negative Oath shall not be any Prejudice to him, to bring him under the Notion of Delinquency.

Ordinance to exclude improper Persons from the Sacrament.

Next, the Ordinance brought up Yesterday from the House of Commons, concerning Suspension from the Sacrament, was read the Second and Third Time, and unanimously Agreed to. (Here enter it.)

Ordered, That this Ordinance be printed and published.

Message from the H. C. for a Conference about the Propositions, and Papers about the Scots Army;

A Message was brought from the House of Commons, by Sir John D'Anvers:

To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Propositions to be sent to the King for Peace; and touching some Papers concerning the Scotts Army.

to expedite the Form of a Pardon;

2. To desire Expedition in the Form of a Pardon for Delinquency, formerly brought up.

and with Orders, &c.

3. To desire Concurrence in several Orders and Ordinances:

1. An Order to pay Six Hundred Seventy-four Pounds, Eight Shillings and Four Pence, for Commissary Behir, out of the Excise.

2. An Order for Colonel Humphry Mackworth to be Governor of Shrewsbury.

3. An Order for Sam. Moore to be Governor of the Garrison and Castle of Ludlowe.

4. An Order concerning Robert Bolles, of Scampton, in the County of Lyncolne.

The Answer returned was:

Answer.

That this House appoints to give a present Conference, in the Painted Chamber, as is desired: To all the rest of the Particulars, this House will take them into Consideration, and return an Answer by Messengers of their own.

Mr. Gregory to be Minister of Lambeth.

The Certificate of the Assembly of Divines, concerning Mr. Gregory, was read; (videlicet,)

"The Assembly of Divines, having received an Order from the Right Honourable the House of Lords, referring it to them to consider of the Ability and Fitness of Mr. A'exander Gregory to have the Cure of Lambeth, and to make Certificate of the same, do humbly return this Certificate: That the said Mr. Gregory having been formerly examined by this Assembly, and having given good Proof of his Ability and Faithfulness in the Work of the Ministry, he is now approved of by this Assembly for the Cure abovementioned.

"Adoniram Byfield, Scriba."

Ordered, That this House approves of Mr. Alexander Gregory, to be Minister of Lambeth.

Tesdale to be instituted to Everley.

Ordered, That Doctor Aylett shall give Institution and Induction to Christopher Tesdale Master of Arts, and One of the Assembly of Divines, to the Rectory of Everley, in the County of Wilts; being presented thereunto by the Commissioners of the Great Seal.

Order for 100£. to Ly. Denny

Ordered, That the Committee of Lords and Commons for Advance of Monies (fn. 1) at Habberdashers Hall do forthwith pay and advance unto Dame Ruth Denny Widow, late Wife of Sir Edward Denny Knight, deceased, who hath lost her Husband and whole Estate in Ireland, and hath a Charge of many Children ready to perish for Want, One Hundred Pounds, for her present Support and Relief.

Ordinance to raise Forces for Ireland.

The Earl of Warwicke reported from the Committee, the Ordinance for raising Horse and Foot for the Service of Ireland, as fit to pass, with some Alterations, which were read:

And it being put to the Question, "Whether this Ordinance shall be re-committed to the same Committee as formerly it was, that they may ascertain the particular Forces that shall be now sent into Ireland?"

Mr. Scroope's Ordinance.

Ordered, That the Ordinance concerning Mr. Scroope shall be committed to these Lords following; who are to consider of it, and report the same to this House:

Any Three, to meet when they please.

Committee to consider what Garrisons may be slighted.

Ordered, That these Lords following shall consider what Forces and Garrisons in this Kingdom are fit to be spared, and report the same to this House:

Any Five, to meet To-morrow Morning, at Nine a Clock, and afterwards when they please.

The Lords went to the Conference.

Ordinance to exclude improper Persons from the Sacrament.

"The Lords and Commons in Parliament, holding their former Resolution, "That all notorious and scandalous Offenders shall be kept from the Sacrament," have thought fit to make a further Addition to the scandalous Offences formerly enumerated, for which Men shall be kept from the Sacrament; and lest the Stay of the Enumeration and the not naming of Commissioners to judge of Cases not enumerated, should (fn. 2) delay the putting in Execution the Presbyterian Government already established, they have thought fit, that, in regard that divers Persons fit to be Commissioners according to the last Ordinance of 14 Martii, 1645, by reason of the present Distractions are absent from their Habitations, and so cannot do the Service therein which otherwise they might do; they do therefore Ordain, That, in Stead and Place of Commissioners in the said Ordinance, Thomas Earl of Arundell and Surrey, Algernoone Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Phillip Earl of Pembrook and Mountgomery, Robert Earl of Essex, Theophilus Earl of Lincolne, Charles Earl of Nottingham, James Earl of Suffolk, William Earl of Salisbury, John Earl of Bridgwater, Robert Earl of Warwick, Bazill Earl of Denbigh, James Earl of Middlesex, Oliver Earl of Bollingbrook, Edward Earl of Manchester, Edward Earl Mulgrave, Henry Earl of Stamford, William Lord Viscount Say & Seale, George Lord Berkly, Francis Lord Dacres, Phillip Lord Wharton, Francis Lord Willoughby of Parham, Dudley Lord North, John Lord Hunsdon, Charles Lord Stanhopp, Edward Lord Mountague, William Lord Grey of Warke, John Lord Robertes, William Lord Maynard, Edward Lord Howard of Escrige, Richard Lord Herbert of Cherbury, Thomas Lord Bruce, Francis Rowse, Edward Prideaux, Esquires, Sir Henry Vane Senior, John Glyn Esquire Recorder of London, Sir Robert Harley, Bulstrod Whitlock Esquire, Humphrey Salway Esquire, Mr. Serjeant Wild, Oliver St. John Esquire His Majesty's Solicitor, Sir Bejamine Rudyard Knight, Mr. Tate, Sir John Clotworthy Knight, John Maynard Esquire, Sir Henry Vane Junior Knight, William Pierrepont, William Wheeler, Esquires, Sir William Masham, Walter Younge, Sir John Evelyn Knight, John Selden Esquire, Samuell Browne Esquire, Sir William Strickland, Walter Long Esquire, Herbert Morley Esquire, George Nellinge Esquire, Harbottle Grimston Esquire, John Boys Esquire, Richard Shuttleworth, Lord Fairefax, Sir John D'Anvers, John Crewe Esquire, Sir Anthony Irby, Sir John Holland, Sir Phillip Stapilton, Luke Robinson Esquire, Thomas Westrow Esquire, Denzell Holles Esquire, Henry Lucas Esquire, Sir John Dreydon, Robert Jennor Esquire, Henry Oxenden Esquire, Sir Gilbert Gerrard, Nicholas Stoughton Esquire, Sir John Burgoyne, Sir Edward Aiscough, John Swynfen Esquire, Sir Henry Heyman, Edward Leigh Esquire, Sir Thomas Wroth, Samuell Gott Esquire, Sir John Bamfeild, William Ball Esquire, John Palmer Esquire, Lawrence Whittacre Esquire, Sir Arthur Heslerigg, Sir Dudly North, Sir William Waller, Nathaniell Bacon Esquire, Richard Edwards Esquire, Luke Hodges Esquire, Sir William Lewis, Francis Allen Esquire, Giles Greene Esquire, John Gourden Esquire, Denis Bond Esquire, Sir Peter Wentworth, Sir Samuell Luke, Edward Bainton Esquire, Richard Salloway Junior, Symon Thelwall Esquire, Oliver Cromwell Esquire, Isaac Penington Esquire Alderman of the City of London, John Ven Esquire, Doctor John Bond, Sir Richard Onslow, Sir William Armyn, William Aiscough Esquire, George Abbott Esquire, Cornelius Holland Esquire, John Blackiston Esquire, Lord Herbert, Sir Walter Erle, Henry Martin Esquire, Sir Thomas Dacres, Richard Browne Esquire, William Ellis Esquire, John Lisle Esquire, William Ashurst Esquire, Sir John Treavor, Sir Nathaniell Barnardiston, Thomas Lord Wenman, Sir Martin Lumly, Samuell Vassell Esquire, Sir Mathew Boynton, Jervois Piggott Esquire, John Hutchinson Esquire, Thomas Hatcher Esquire, James Fiennes Esquire, Valentine Walton Esquire, John Stephens Esquire, Sir John Evelyn of Surrey, Thomas Scott Esquire, Thomas Pury Esquire, Henry Peck Esquire, Thomas Hodges of Gloucestersheir Esquire, William Leman Esquire, Richard Winwood Esquire, John Lowry Esquire, Sir Martin Lister, Sir Edward Fowell, Robert Wallopp Esquire, Richard Whitehead Esquire, Nathaniell Hallowes Esquire, Robert Brewster Esquire, Edward Hungerford, Richard Norton, Esquires, Sir Thomas Barnardiston, Sir Thomas Trenchard, Miles Corbett Esquire, Sir Henry Mildmay, Thomas Atkin Esquire Alderman of the City of London, Lord Cranborne, Roger Hill Esquire, Sir John Barrington, John Trenchard Esquire, Sir John Corbett, Alexander Popham Esquire, Sir Samuell Roll, Sir John Coke, John Nutt Esquire, Ralph Ashton Esquire, Richard Barwis Esquire, William Armyn Esquire, Richard Tolson Esquire, Sir Henry Cholmely, Sir Thomas Widdrington, George Fenwick Esquire, Edmond Ludlow Esquire, Lillibon Long Esquire, Francis Drake Esquire, Sir Michaell Livesay, Edward Stephens Esquire, Sir William Springe, James Herbert Esquire, Henry Lawrence Esquire, John Roll Esquire, Sir John Francklyn, Thomas Sandys Esquire, Sir Thomas Maliverer, Sir William Litton, Nathaniell Fiennis Esquire, William Purefoy Esquire, or any Nine of them, shall be a Committee of Lords and Commons, to adjudge and determine scandalous Offences not formerly enumerated; and the Eldership shall proceed in the Examinations of such scandalous Offences, according to the Cautions and Restrictions mentioned in the Ordinance of the 20th of October, 1645.

"And the said Committee shall have such Power, and shall proceed in such Sort, as is hereafter mentioned: If any notorious and scandalous Offences not formerly enumerated be committed by any within any Eldership, and so after full Proof shall be found before the Eldership, who shall have Power to examine Proofs and Witnesses on both Sides; in case both the Elderships and the Party complained of do agree the Proofs and Examinations to be duly taken, the said Eldership shall forthwith certify the said Offence, with the Proofs, to the said Committee of Parliament, who shall with all convenient Speed determine and adjudge the same: But in case the Party accused shall find himself grieved, either by the Not-examination or undue Examination of Witnesses, or misentering of the Depositions, in such Case he shall forthwith declare the same to the Eldership, who shall relieve him if there be Cause; which if they shall not do, then the Three Justices of Peace next to the Parish whereof the Party complained of is a Member, or any Two of them, not being of the same Eldership before whom the Complaint lies, shall have Power, and are hereby enabled and required, forthwith to examine upon Oath the said Witnesses that were not examined, or were misexamined, or whose Depositions were misentered, and with all convenient Speed return the Examination to the said Committee of Parliament: And in case the said Justices, or any Two of them, do not finish their Examination within Six Days after the Cause shall be presented to them, the Party shall abstain until they have finished and certified their Examinations; and the said Committee, upon hearing the whole Matter from the Eldership and Justices, or either of them, shall adjudge whether the same be a notorious and scandalous Of fence, and so proved, or no: And in case the said Committee shall not adjudge and determine the Case within Fourteen Days after their Receipt of the Certificate to them made, the Party against whom the said Certificate shall be made shall abstain from the Sacrament until the Committee shall determine the same, unless in the mean Time the Party shall shew his Repentance for the said Offence, and thereof give Satisfaction to the Eldership: And if the said Committee shall adjudge the same not to be a scandalous Offence, or not well proved, the said Party shall be admitted to the Sacrament; and if they shall adjudge the same to be a scandalous Offence, and so proved, he shall not be admitted to the Sacrament until he shall have testified his Repentance to the Eldership.

"And be it further Ordained, That the Eldership shall either give Personal Notice to the Party complained of before them, or else leave Notice in Writing, at his Dwelling place, of the Time and Place when and where they will examine Witnesses against him, and also of the Time that they will make their Certificate to the Committee of Parliament; and in case Information shall be given to the Eldership of a notorious and scandalous Offence committed by any within their Eldership, they shall forthwith proceed to the Examination thereof; and if they cannot finish their Examination till the Week before the Sacrament, and they shall then find by sufficient Proof that he hath committed a notorious and scandalous Offence, and yet they cannot certify the same before the Sacrament, it being to be administered within a Week after; in such case the Party shall abstain from the Sacrament for the next Time only, unless the Committee of Parliament to whom the same is to be certified shall adjudge the same a notorious and scandalous Offence, and so proved, for which he ought to be kept from the Sacrament; and in such Case, upon the testifying of his Repentance to the Eldership, he shall be again restored to the Sacrament, and not before.

"And be it further Ordained, If any shall find themselves aggrieved with the Judgement against him given by the said Committee, they shall appeal from thence to both Houses of Parliament, if they see Cause.

"And be it Ordained, That the Committee to whom the said Certificate shall be made as aforesaid shall report to both Houses the said several Cases to them certified, and their Judgement thereupon, that so the Offences not yet enamerated may be added to the Enumeration in case the Houses shall so think fit; and in their Reports they shall take Care that they first report those Certificates, and their Opinion thereupon, wherein they at any Time shall differ from the Eldership.

"And be it further Ordained, That this Ordinance shall continue for the Space of Three Years, and no longer, unless both Houses think fit to continue it."

Adjourn.

House adjourned till 10^a cras.