House of Lords Journal Volume 8: 6 July 1646

DIE Lunæ, 6 die Julii.

PRAYERS, by Doctor Gouge.

Comes Manchester, Speaker.

Ld. Chandois, a Pass.

Ordered, That the Lord Chandois shall have a Protection for his Park at Dudley, in Glo'stershire.

Marquis of Hertford, Leave to reside where he pleases;

The House being informed, "That the Lord Marquis of Hartford is at Elton, in Kent, a House of the Earl of Essex;"

It is Ordered, That the said Marquis may remain there, or where else he please.

and the E. of Dover at Combe, &c.

Ordered, That the Earl of Dover may either stay in London, or at his own House at Combe, in the County of Surry.

Oxford Garrison to be slighted;

Resolved, upon the Question, That the Works about Oxford shall be forthwith slighted; and that no Garrison shall be kept in it.

and the University to be reformed.

Ordered, That these Lords following shall be Committees, to join with a proportionable Number of the House of Commons, for the reforming of the University of Oxford:

Any Five.

Murray to be released, who was acquitted by a Court Martial of being a Spy.

Upon reading the Petition of Wm. Murray Esquire; shewing, "That he came out of France with a Heart full of dutiful and good Affections unto this Parliament; notwithstanding, such was his Unhappiness, through the Necessity of these Times of Danger, to be committed close Prisoner, for Suspicion of being a Spy, where he hath endured a long Imprisonment; and hath likewise been lately tried for his Life, and acquitted of the Crimes laid to his Charge, by the Council of War authorized in that Behalf: He humbly desired, that this House will be pleased to give Order for his Freedom, and Discharge out of Prison."

It is Ordered, To send a Message to the House of Commons, to let them know, that this House having this Day received a Petition from Mr. Wm. Murray, who by Order of both Houses hath undergone his Trial before a Court Martial, he being by the unanimous Vote of the said Council (fn. 1) acquitted; the Lords conceive that, by the Law Martial, and all other Laws of this Land, he ought to be released from his Imprisonment; and do desire the Concurrence of the House of Commons, that he may be released accordingly.

Somerset House to be prepared for the French Ambassador.

Whereas it is informed, That Goringe House cannot be made fit for the Entertainment of the French Ambassador Extraordinary so speedily as the Service requireth: It is this Day Ordered, by the Lords and in Parliament assembled, That Mr. Kynnersley Yeoman of the Wardrobe, and all others whom it may concern, shall speedily furnish, prepare, and make ready Somersett House, for the Entertainment of the said Ambassador."

Ordered, To send this to the House of Commons, to desire their Concurrence herein.

Message to the H. C. about it, and Mr. Murray's Releasement;

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

1. To deliver the Message unto them concerning the releasing of Mr. Wm. Murray.

2. To desire their Concurrence in the Order concerning preparing of Som'sett House for the French Ambassador.

about slighting Oxford Garrison, and reforming the University;

3. To communicate the Vote to them concerning the slighting of Oxford, and desire their Concurrence therein; and to let them know, that this House hath nominated a Committee of Eleven Lords, to consider of the reforming of the University of Oxford; and desire they would nominate a proportionable Number of their House, to join with them therein.

about L. Bruce;

4. To put them in Mind of the Lord Bruce.

Ly. Finnet's Petition;

5. To put them in Mind of the Lady Finnett's Petition.

and with Blakemore's.

6. To recommend Colonel Blakemore's Petition to them.

Message from the H. C. with Orders, &c.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight;

To desire Concurrence in divers Orders and Ordinances.

Answer returned was:

Answer.

That this House will send an Answer to this Message by Messengers of their own.

Committee to go with the Propositions to the King.

The House next took into Consideration the Paper received from the Scotts Commissioners on Saturday last, touching some Alterations in the Propositions; to which this House † Agreed.

Ordered, That the Propositions be speedily sent away to the King; and that the Earl of Pembrooke and the Earl of Suffolke be sent, with a proportionable Number of the House of Commons, to present them to the King.

Message to the H. C. about it.

A Message was sent to the House of Commons, by Mr. Justice Bacon and Mr. Baron Atkins:

To let them know, that the Lords have dispatched the Propositions, by agreeing to the Alterations in the last Paper of the Scotts Commissioners; and do think it fit that the Propositions be presently sent away to the King: To that Purpose, this House hath nominated Two Lords, to join with a propositionable Number of the House of Commons, to go and present the same to the King; and that the Scotts Commissioners may be sent to, that they would appoint some of their Number to go likewise with the Committees of Parliament; and to all which their Concurrence is desired.

Message from them, with a Letter to the King;

A Message was brought from the House of Commons, by Sir John Clatworthy Knight;

To desire Concurrence in divers Particulars:

1. A Letter to be sent to the King, That He would give Command to the Earl of Ormonde, for delivering up of Dublin and other Forts and Garrisons in Ireland.

(Here enter it.)

Agreed to; and Ordered to be sent away to the King, by Sir Peter Killegrew; and the Speakers of the Houses to sign this Letter.

and for Forces to be sent to Ireland.

2. That Colonel Jones' and Colonel Sydney's Regiments do go to Ireland; and the Lord Lieutenant to give them Commissions. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Letter to be sent to the King, and to the Order concerning Colonel Jones' and Colonel Sydney's Regiments.

Sir John Corbett's Order.

An Order concerning Sir John Corbett, was read; and Ordered, To be referred to these Lords following, to examine the Business, and who made the First Discovery of the Mortgage, whether Sir John Corbett or Sir Tho. Walsingham; and to have Power to call all Persons before them as they shall think fit, and to make Report thereof to this House:

Any Three, to meet when they please.

Dell's Answer.

Mr. Wm. Dell this Day delivered in at this Bar a Petition, by Way of Answer to the Paper delivered to him of the Heads of his Sermon preached at Marston; which was received, and read. (Here enter it.)

Committee to consider of it; and he not to go out of Town.

Ordered, That the Consideration of this Petition, and the whole Matter, is referred to the same Committee as is appointed for the Instructions of the Judges; and to call the Judges to attend, and such Witnesses as they think fit: And Mr. Dell is not to go out of Town without further Directions of this House. The Committee to meet this Afternoon, for the Instructions, and Mr. Dell's Business.

Sir J. Sidley, versus Baldwin.

Ordered, That Sir John Sidlie's Business against Baldwin shall be heard the Second Cause on Wednesday next.

Dell's Cause.

Ordered, That Mr. Dell's Business shall be heard on Friday Morning next.

Babington, a Pass.

Ordered, That Vincent Babington Esquire, Barber to the King, is hereby permitted to pass from London, to His Majesty at Newcastle, with a Man, Two Horses, and Necessaries for his Journey; he carrying nothing prejudicial to the State.

Bergin sent for, for suing Smith; Marshal of the Admiralty.

The House being informed, "That there is a Suit commenced in Chancery, by one Bergin, against Mr. Soloman Smyth Marshal of the Admiralty, which is contrary to a former Order of this House; the said Mr. Smyth having done nothing but according to a Warrant of the Earl of Northumb. when he was Lord Admiral, grounded upon the Order of this House."

It is Ordered, That the said Bergin, or his Solicitor, shall have Notice to appear before this House on Wednesday Morning; and then this House will take the Matter into further Consideration.

Letter to the King, desiring He will order His Garrisons in Ireland to be delivered to the Parliament's Forces; and that He will comply with the Propositions for Peace.

May it please Your Majesty,

We, the Lords and Commons in Parliament assembled, Your humble and loyal Subjects, cannot but with Bitterness of Spirit reflect on the sad Condition both past and present of the Kingdom of Ireland; and finding that Your (fn. 3) Majesty hath of late expressed Yourself in a Detestation of that wicked and desperate Rebellion which hath occasioned such bloody Effects, and that, in a Letter of the 11th of June, written from Newcastle to the Lord of Ormond (which hath been communicated unto us by the Marquis of Argile), You have been pleased to require him to proceed no further in Treaty with the Rebels, nor to engage Your Majesty upon any Conditions with them: Hoping this Resolution may be a Beginning of Safety to all Your Protestant Subjects of that Kingdom, if followed with the Application of what will be further necessary for the compleating of their Deliverance; we make it our most humble Desire, That Your Majesty will be graciously pleased positively to command the Lord of Ormond forthwith to deliver, into the Hands of such as the Parliament shall appoint, the City and Castle of Dublin, the Town of Drogheda, and all other Garrisons in that Kingdom which pretend to hold by virtue of Your Majesty's sole Authority; to the End they may be secured from falling into the Hands of the Rebels, the Protestants who are in them may be preserved, and a good Advantage thereby taken to prosecute with Vigour the War against the bloody and perfidious Enemy, which War Your Majesty did, in the Beginning of it, declare You would leave unto the Management of Your Parliament; and, after a long Interruption of our Proceedings in it, You have lately, in some Letters, given us Hope You will return to those former Resolutions. We beseech Your Majesty to consider the Necessity of putting this suddenly in Execution, lest it be too late to save those poor People when the Enemy sets upon them, not able to desend themselves, which makes us press this with Instance, and not stay to send it with the Propositions for a safe and well-grounded Peace, which are very speedily to be presented unto Your Majesty: But this would admit no Delay; and as the present granting of it will, through God's Blessing, be a Means to reduce Ireland to Your Obedience and preserve it unto Your Crown, so Your Majesty's like Compliance with the other Desires of the Two Kingdoms, when they shall come unto You (which will be in a very short Time), will be the Joy of all the Well-affected of the Land, and of all the Protestants in Europe, whose Interest and Welfare is bound up in this Cause, and in the happy Composure of the Distractions of these Kingdoms. It will be the Confusion of their and Your Enemies, and a sure Foundation of Honour and Happiness to Your Majesty and Your Posterity.

"Your Majesty's loyal Subjects,

"and humble Servants,

Westm. 6 July, 1646.

Manchester, &c.

Wm. Lenthall, &c.

"For His Majesty."

Col. Jones and Col. Sydney's Regiments to be sent to Ireland.

"Ordered, by the Lords and Commons assembled in Parliament, That the Regiment of Horse under the Command of Colonel Jones, consisting of some Troops at Chester, and the Regiment under Colonel Sydney, to be made up of the Troops within the Eastern Association, be compleated and dispatched away by the Lord Lieutenant of Ireland; and that he be authorized to grant Commissions unto the Commanders and Officers of those Regiments."

Garraway versus Scarborough, in Error.

Memorandum, That William Garraway, Plaintiff in a Writ of Error depending before the Lords in Parliament, against John Scarborough Defendant, hath not prosecuted his said Writ, according to the Order in Print, of the 28th of May, 1646: And therefore it is awarded, That the said Plaintiff shall lose his said Writ; and that the Record be remitted, and the Defendant left to take out his Execution notwithstanding the said Writ of Error.

Harborn versus Corbet and Peckell, ditto.

Memorandum, That William Harbourne, Plaintiff in a Writ of Error depending before the Lords in Parliament, against Wm. Corbett and Samuell Peckell Defendants, hath not prosecuted his said Writ, according to the Order in Print, of the 28th of May, 1646: And therefore it is awarded, That the said Plaintiff shall lose his said Writ; and that the Record be remitted, and the Defendants left to take out their Execution, notwithstanding the said Writ of Error.

Dell's Answer concerning his Sermon preached before the Army.

To the Right Honourable the Lords assembled in Parliament.

The humble Petition of William Dell, Minister of the Gospel, and Chaplain to his Excellency Sir Thomas Fairefax;

Shewing,

That the Petitioner hath received a Paper from the Clerk of this Honourable House, delivered him as a Charge on your Petitioner; to which he hopes he shall be ready to give a full and satisfactory Answer, being well assured of his Innocency therein.

But, First, he humbly offers to your Lordships Consideration, That the Matters therein set forth (as he conceives) are too uncertainly expressed to amount to a Charge to put him to answer.

And, Secondly, the Matters therein set forth do not immediately concern the Privileges of your Lordships House; and yet, upon Suggestion, his Accusers undiscovered to him, he is called upon to answer: Whereas a great Part of Defence in Matters Criminal lies many-times in Proof of the Malice of the Accuser: And also it being especially provided, by Stat. 28 E. III. Cas. 18. "That they which make Suggestions shall find Sureties before the King's Great Council, to incur the same Pain the Accused should have had, in case the Suggestion prove Evil;" and by the Statute of 42 E. III. C. 3. none is bound to answer, but on Presentment, Matter of Record, or Process, and Writ Original.

"He humbly craves Leave to demand your Lordships Judgement, whether he shall be put to further Answer; the Matters being so generally set forth, and his Accusers undiscovered.

"Will. Dell."

Order concerning the Mines of Coomust with, in Cardiganshire, between Goodeer and Bushel, and Deacon and Corsellis.

Upon the Petition of Thomas Deacon and Nicholas Corsellis, of London, Merchants, and the Answer of Edmund Goodeere Esquire, read in this House; shewing, That the Petitioners did buy, of the said Mr. Goodeere and Thomas Bushell Esquire, One Thousand Two Hundred and Fifty Tuns of Lead, to be delivered to the Petitioners out of the Mines Royal in the County of Cardigan, at several Times, for which the said Petitioners paid unto them the Sum of Six Thousand Five Hundred Pounds, in the 16 and 17th Years of His Majesty's Reign that now is: But the said Bushell (who wrought the said Mines Royal) performed not the said Contract; but, after some Delay, got himself into His Majesty's Quarters; and the said Mines being seized by the King's Forces, no Satisfaction hath been yet given to the said Petitioners: But, since the reducing of those Parts, the said Goodere (standing well-affected to the Parliament) hath made a Re-entry upon the said Mines Royal, and Mines of Coomustwith, and other Works; who is very willing, to the utmost of his Power, to perform the said Contract, and to give all lawful Satisfaction to the said Petitioners, if he may quietly enjoy his just and legal Possession of the said Mines and Works, and dispose of the Lead and other Profits that shall be made out of the said Mines, without the violent Interruption of any Person, which is affirmed to be daily threatened, and in Part already acted, notwithstanding the said Goodere's full submitting to the Parliament in all Things."

It is therefore Ordered, by the Lords in Parliament assembled, That the said Goodere shall quietly and peaceably have, hold, and enjoy, his just and lawful Possession of the said Mines Royal, and Mines of Coomustwith, and all and every the Works belonging thereunto, in as full and absolute Manner, to all Intents and Purposes, as they were possessed by him the said Goodere and Bushell, or either of them, before or since this War began; and that the said Goodere may lawfully dispose of the said Lead, Ore, and all other Profits, raised, and to be raised, out of the said Mines, by any Person or Persons employed by him, he paying all Duties of Custom and Excise as shall from Time to Time become due out of the said Mines: Provided always, and it is hereby specially Ordered, That the said Goodere do forthwith deliver all the Lead already made out of the said Mines unto the Petitioners, and give them full Satisfaction, for the Time past and to come, for their Monies so long since disbursed, after the Rate of Eight Pounds per Centum, either in Lead, Ore, or in Money, according to an Offer of the said Bushell in a Petition formerly exhibited to this House, and an Order thereupon made; as likewise that the said Goodere shall perform all such Covenants with the Petitioners, touching the Premises, as have been formerly entered into by the said Parties; and further, that the said Petitioners are hereby freely licensed to carry Materials, either by Land or Sea, for Supply of the said Mines, and to transport their Lead and Ore according to Law, they paying all Duties as they shall arise: And lastly it is Ordered, That the Sheriff and Justices of the Peace, and other His Majesty's Officers, and the Forces under the Parliament, are hereby authorized and required to be aiding and assisting in the Execution of this Order, according to the true Intent and Meaning thereof, who are to be obeyed accordingly, as the contrary will be answered to this House.