House of Lords Journal Volume 8: 24 July 1646

DIE Veneris, 24 die Julii.

PRAYERS, by Mr. Cheynell.

Comes Manchester, Speaker.

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

A Message was brought from the House of Commons, by Sir Thomas Widdrington Knight;

To desire their Lordships Concurrence in divers Orders and Ordinances:

1. An Order for Seven Hundred Fifty Pounds, out of the Excise, for the Isle of Ely. (Here enter it.)

Read, and Agreed to.

The Answer was:

Answer.

That this House agrees to the Order for Seven Hundred Fifty Pounds for the Isle of Ely: To all the rest, their Lordships will send an Answer by Messengers of their own.

Message from the H.C. for an Answer about Belfast being delivered to the English.

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

To desire their Lordships would please to give Resolution to the Matter of a former Conference concerning the Town of Belfast in Ireland, because that Forces being now ready to be sent into Ulster for the Service of the Brittish Forces there, on which depends the Security and Support of that Army, and those Parts of the Kingdom, and the carrying on of the Service against the Enemy now so powerful in those Parts, and ready to devour the Interest of the Parliament, in destroying of many Thousands of poor Protestants, which cannot be prevented, in all Probability, but by their Lordships speedy Resolution in this Particular, which hath so long depended in this House.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Ordinance to continue the Northern Association.

Next, was read the Ordinance for continuing the Ordinance for the Northern Association.

And it being put to the Question, "Whether to agree to this Ordinance as it came from the House of Commons?"

The Votes were equal, and so nothing at this Time was determined.

Surrender of Wallingford.

A Letter from Sir Tho. Fairefax was read, with the Articles for the Surrender of the Garrison of Wallingford. (Here enter them.)

Wills to be instituted to Birmingham.

Ordered, That Sir Nathaniell Brent shall give Institution and Induction to Mr. Sam. Willes Master of Arts, to the Parsonage of Bromichham, in the County of Warwicke; with a Salvo Juris cujusque.

Message from the H. C. with a new Ordinance to sell Delinquents Eates.

A Message was brought from the House of Commons, by Mr. Reynolds, &c. who brought up a Second Ordinance for selling of Delinquents Estates, having formerly brought up One to the same Effect, which is not passed, because their Lordships conceived it had Relation to the Propositions at Uxbridge: But now the House of Commons thinks it in Pursuance of the Propositions now sent His Majesty. And he was commanded by the House of Commons to say, "That if Ireland be lost, which is to be supplied by this Ordinance; if the Armies be not paid their Arrears, and so not disbanded; if the Creditors that have lent Monies for the Public Affairs be not satisfied; they did and would hold themselves blameless: Therefore, there being an invincible Necessity for the passing of this Ordinance, (fn. 2) they desire their Lordships speedy Concurrence therein."

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Hertford Minister's Petition.

A Petition from some Ministers of the County of Hertford, was presented to this House, by divers Ministers, and read. (Here enter it.)

And the Answer returned was:

Answer.

That this House gives them Thanks for their good Affections, and will take it into Consideration.

Answer from the H. C.

Doctor Heath, &c. returns with this Answer from the House of Commons:

That (fn. 3) they agree in sending for the Duke of Yorke, and for providing him Money: To all the rest, they will send an Answer by Messengers of their own.

Sir Peter Killigrew to attend the French Ambassador to the King.

Upon Desire of the French Ambassador, "That Sir Peter Killegrew Knight might be ordered to conduct him in his Journey, he being a Stranger to the Way, and wants the English Language:"

It is Ordered, That this House thinks it fit that Sir Peter Killegrew do attend the said Ambassador.

Message to the H. C. about it;

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

1. To acquaint them with the Letter of the French Ambassador's Desire, to have Sir Peter Killegrew to be sent to him, to conduct him in his Journey; and that their Lordships think it fit to send him, and desire their Concurrence therein.

about Mr. Torksay's Ordinance;

2. To put them in Mind of passing of an Ordinance formerly sent to them, for making Mr. Sam. Torksay Minister of Scotter, in the County of Lyncolne.

with Orders, &c. for Concurrence;

3. To desire Concurrence in making Mr. Evance Lecturer at Litchfeild.

4. To desire Concurrence in an Ordinance for making Mr. Maynard Minister of Milton Abbott, in the County of Devon.

5. To desire Concurrence in an Order, That no Person shall be admitted to lodge in the French Ambassador's House, to the Interruption or Disturbance of his Servants, or Disposure of his Goods left there, or using or taking away any of the King's Stuff within the said House, until the said Ambassador's Return.

with the Adventurers to Providence, &c. Petition, for Leave to make Reprisals on the Spaniards.

6. To communicate to them the Petition of the Governor and Company of the Adventurers for the Plantation of the Islands of Providence, Henrietta, and the adjacent Islands lying in America; and this House granting the Prayer and Desire of the Petitioners, that they may have Leave to have Letters of Reprizals against the Ship S'ta Clara, and the Spanish Goods, and the Proceed thereof, whereby they may be enabled to sue in the Admiralty Court upon their Case, that the Suit may there proceed to Proofs or Judgement, according to the Course of Law.

The Concurrence of the House of Commons is desired herein.

Sir T. Fairfax to disband no Forces without Order.

It was moved, "That a Letter might be sent from this House to Sir Thomas Fairefax, that he disband no Forces without Order of both Houses of Parliament; and to take Notice of his sending the Articles for the Surrender of Wallingford; and that this House expects the like for the future."

And the Question being put, "Whether to fall into Consideration of this Business now, before any other Business?"

It was Resolved in the Affirmative.

And the Question being put, "Whether such a Letter should be sent to Sir Tho. Fai'efax?"

It was Resolved in the Affirmative.

Report about Belfast.

Ordered, That the Report concerning Belfast shall be made on Thursday Morning next.

East India Company and Alderman Fowkes.

Ordered, That the East India Company shall put in their full and particular Answer to this House, within Fourteen Days, to Mr. Alderman Fouk' Petition; and that the Cause be heard, as is already ordered; and that Alderman Fouks shall be permitted to search, and have Copies of, all Books, Writings, and Matters, which concern the Business, according to the Order of the 8 July Instant.

Sir Richard Gurney bailed.

"The Condition, &c. That the said Sir Richard Gourney shall go to Tunbridge Waters immediately after his coming out of The Tower, and remain there Six Weeks next after the Date hereof, and afterwards forthwith render himself a true Prisoner to the Lieutenant of The Tower of London, to remain there in the same Condition that now he is, until the Pleasure of this House be further known."

Halton to be instituted to Ackton.

Ordered, That Doctor Aylett shall give Institution and Induction to James Halton Clerk, to the Rectory of Aketon, in the County of Cumberland; being presented thereunto by the Earl of Arundell: And this with a salvo Juris cujuscunque.

Order for 750 l. for the Isle of Ely.

"Ordered, by the Lords and Commons assembled in Parliament, That, out of the Monies charged by Ordinance of Parliament upon the Excise, for the Use of the Isle of Ely, so soon as the same shall fall due and be payable, the Sum of Seven Hundred and Fifty Pounds be paid to Mr. John Mosse, to be employed for Re-payment of the like Sum taken up by the Members of the House of Commons, and paid to the Forces of the said Isle at their being before Newarke; and that the Person or Persons named in the Ordinance to receive those Monies charged upon the Excise for the Use of the Forces of the said Isle of Ely do give an Acquittance for the said Seven Hundred and Fifty Pounds; and that the Acquittance of such Person or Persons, and the Acquittance of the said John Mosse, together with this Order, shall be a sufficient Warrant and Discharge to the Commissioners of Excise for the Payment thereof accordingly."

Letter from Sir T. Fairfax, that Wallingford is surrendered.

"For the Right Honourable the Speaker of the House of Peers pro Tempore.

"My Lord,

"It hath pleased God to add to the rest of His Mercies the Rendition of Wallingford, according to Articles of Agreement passed between myself and the Governor, and whereof I present your Lordship with a Copy. My Infirmities invite me, by the Advice of my Physicians, to take the Benefit of The Bath for a short Time: I hope your Affairs shall not be prejudiced by it; which shall be the earnest Endeavour of

July he 23th, 1646.

"Your Lordship's

"Most humble Servant,

"T. Fairefax."

Articles for the Surrender.

"Articles of Agreement, concluded and agreed by his Excellency Sir Thomas Fairefax Knight, General of the Forces raised by the Parliament, on the One Part, and Colonel Thomas Blagge, Governor of Wallingford, on the other Part, for and concerning the Rendering of Wallingford Castle and Town; videlicet,

"1. That the Castle and Town of Wallingford, with all the Ordnance, Arms, Ammunition, Stores, and Provisions of War, thereunto belonging, shall be delivered up, without wilful Spoil or Embezzlement, unto his Excellency Sir Thomas Fairefax, or such as he shall appoint to receive the same, upon Wednesday, the 29th of July, 1646, in such Manner, and with such Exceptions, as are contained in the ensuing Articles.

"2. That, on the said 29th Day of July, the Governor, and all Officers and Soldiers of the Garrison, with all other Persons therein (that will), shall march out of Wallingford, with their Horses and Arms properly belonging to them (and proportionable to their present and past Commands or Employments), with Flying Colours, Trumpets sounding, Drums beating, Match lighted at both Ends, Bullets in their Mouths, and every Soldier Twelve Charges of Powder, Match and Bullet proportionable, with One Piece of Ordnance with Equipage, and with Bag and Baggage, to any Place within Ten Miles of Wallingford, which the Governor shall choose, where, in regard His Majesty hath no Garrison open, nor Army near, all their Horses and Arms, except what are allowed in the ensuing Articles, are to be delivered up to such as his Excellency Sir Thomas Fairefax shall appoint; all the Soldiers shall be disbanded, and all such, both Officers, Soldiers, and others, as shall engage themselves never to bear Arms against the Parliament, nor to do any Thing wilfully to the Prejudice of their Affairs during their Abode in the Parliament's Quarters, shall have the Benefit of the ensuing Articles; that is to say,

"3. That all such as shall desire to go to their own Homes or private Friends (who shall not be prejudiced by receiving them) shall have the General's Pass and Protection, for their peaceable Repair to, and Abode, at the several Places they shall desire for to go unto; the Governor, Officers and Gentlemen, to pass with Equipage of Horses and Arms answerable to their present and past Commands or Qualities; and all, both Officers, Soldiers, and others, to pass with Bag and Baggage; and the Troopers only with their Swords and their Bag and Baggage.

"4. That all such, if there be any, who shall desire to take Entertainment for Foreign Service, shall have Passes for their Officers, not exceeding Four, with their Horses, and Two Servants apiece, to go to London, to treat with any Foreign Ambassador, or a Gentleman, for Entertainment; and all of them shall have Liberty and Passes to march, the Officers with Equipage, with Horses and Arms properly their own, and answerable to their present or past Commands, the Common Soldiers with their Swords, and all with Bag and Baggage, to the Quarters near unto Harwich or Southampton, or to any Port between them, to be transported; where they shall be assisted in the procuring of Vessels and Shipping for their Transportation, at the usual Rates accustomed for Freight, by the Governor of the next Garrison or Port Town, who shall also take Care for their Safety and Accommodation with Quarters, until Shipping be provided and Weather reasonable, they paying for the same after Eight and Twenty Days from the Render.

"5. That all the Persons now in Wallingford, not being of the Soldiery of the Garrison, shall have Liberty, for their Persons and Goods, to stay in the Town of Wallingford One Month after the Rendering, if they desire it; and then to have the General's Pass and Protection, as others going out at the Rendering, upon the like Engagement; and that any Person whatsoever, who, being sick and wounded, cannot at present remove, shall have Liberty to stay till they be recovered, or able to go away; and shall have fit Accommodation and Subsistence provided for them during such their Stay, and then shall enjoy the Benefit of these Articles.

"6. That no Person whatsoever, comprized in this Capitulation, shall be reproached, reviled, affronted, plundered, or injured, in their March, Rendezvous, or Quarters, Journies, or Places of Abode, by these Articles allowed; nor shall be compelled to bear Arms, nor be imprisoned, restrained, sued, molested, damnified, for any Matter whatsoever, of public or private Concernment, relating to this present War, the Matter or Grounds arising before the Rendering of the Garrison, during the Space of Six Months after the Rendering thereof; nor be compelled to take any Oaths or Engagements than what is mentioned in the Second Article, during the Time of Six Months; and to have Liberty, during the said Time, to travel about their lawful Affairs.

"7. That all Houses and other Goods now in Wallingford, taken as lawful Prize of War, or properly belonging to the Governor or Officers of the Garrison before or during the Siege, shall be continued in the Possession of the present Possessors, except such as are to be delivered by the Return of these Articles.

"8. That such Household Stuffs and Goods now in Wallingford as shall appear to the General, or such as he shall depute for that Purpose, to have been borrowed by any Officer or Gentleman of the Garrison, for their Use and Accommodation in the Garrison, shall be restored back to the Owners.

"9. That, if any Person or Persons shall wilfully violate these Articles in any Part, the Guilt thereof shall be imputed to such Person or Persons only, and shall not prejudice any other not acting or consenting in the same.

"10. That the Governor, and Three more such Officers and Gentlemen as he shall name, shall have Passes, from the General, for themselves, with Two Servants apiece, their Horses, Swords, Pistols, and Necessaries, to go to the King, to give Him an Account of the said Garrison, and to return to their Homes or Friends; and that Five Weeks shall be allowed for this Journey, which shall not be reckoned any of the Six Months mentioned in the Sixth Article; but he and they shall be allowed Six Months after the End of the said Five Weeks.

"11. That no Officer, Soldier, or other Person, who by the Articles are to march out of the Castle or Town of Wallingford, or shall march in, shall plunder, spoil, or injure, any Inhabitant or other Person therein, in their Persons, Goods or Estates, or carry away any Thing that is properly belonging to any of them.

"12. That all Persons comprized within these Articles shall peaceably and quietly enjoy all their Goods, Debts, and Moveables, during the Space of Six Months after the Rendering; and shall have Liberty, within the said Space (if they shall resolve to go beyond the Seas), to dispose of their said Goods, Debts, and Moveables, and to depart the Kingdom with the same, as they shall think fit and desire; and shall have Passes for their Transportation accordingly from his Excellency.

"13. That all Persons comprized within these Articles shall, upon Request, have a Certificate, under the Hand of the General, or such as he shall appoint, That such Persons were in the Castle or Town of Wallingford at the Time of the Rendering, and are to have the Benefit of these Articles.

"14. That the Townsmen and the Inhabitants of the Town of Wallingford shall not be troubled or questioned for any Thing said or written by any of them, nor the Corporation thereof prejudiced for any Thing done by any of them, by express Command, since it was a Garrison; and that they shall have the Benefit of these Articles that may concern them.

"15. That Mr. John Chamberlayne, of Sherbourne, shall have the Benefit of these Articles.

"Signed, Tho. Blagge."

Hertford Ministers Petition, for Church Government to be settled, Ireland to be relieved, and to preserve a good Correspondence with Scotland.

"To the Right Honourable the House of Peers, assembled in Parliament at Westminster.

"The humble Petition of many Ministers in the County of Hertford;

"Sheweth,

"That we do with all Thankfulness acknowledge your unwearied Pains, in easing us of many Pressures under which we formerly groaned; yet we cannot but be very sensible (with the Honourable City of London) of the Evils that are growing upon this Nation, by reason of an Incendium endeavoured by an ill-affected Party to that brotherly Amity between the Two Kingdoms, which by our solemn League and Covenant we are engaged to preserve; the prodigious Growth and Spreading of pernicious Errors, Heresies, and Schisms; the daring Impudency of Mechanics Preaching contrary to your Orders; the rending of our Congregations by Private Meetings in Time of Public Worship, the slighting the Ordinances of the Honourable Houses, for Observation of the Lord's-day, Fast-days, and of the Directory; the scandalizing of humble Addresses for settling Church Government; and, as a marvellous Aggravation of all our Miseries, the most deplorable Condition of our Brethren in Ireland.

"May it therefore please this Honourable House, after many Petitions and Complaints made by us, to accept this our humble Supplication, to comfort our drooping Spirits, by preventing National Breaches, establishing Government according to our Covenant, providing for a more effectual Execution of the aforesaid Ordinances, restraining all dissenting Papers tending to Sedition, and speeding necessary Relief to bleeding Ireland.

"And your Petitioners shall ever pray, &c.

Adjourn.

House adjourned till Thursday Morning next.