House of Lords Journal Volume 8: 31 October 1646

DIE Saturni, 31 die Octobris.

PRAYERS, by Mr.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Banbury Castle to be preserved, and delivered to L. Say & Seal.

Ordered, That the Out-works of Earth belonging to the Castle of Banbury shall be only slighted; but none of the Walls and the House shall be demolished, but preserved, and left entire as they now are, it being the Inheritance of the Right Honourable the Lord Viscount Say & Seale; and that Major Adams, the Governor of the said Castle, shall carefully see that this Order be performed and obeyed in all Points; and that the said Major Adams, when he leaves that Place, shall deliver it into the Hands of such as the said Lord Viscount Say shall appoint, for the Preservation of the said Place.

Whitchcot versus Loftus.

Upon reading the Petition of Colonel Whitchcott: It is Ordered, That the Protection of this House, formerly granted to Nic. Loftus, is hereby revoked; and the said Whitchcott left to take his ordinary Course in Law, for Recovery of his Debt of Two Hundred and Eighty Pounds, against the said Loftus.

Haughton and Harris in Error.

Whereas, by Order of this House of the 2 July last, it was referred to the Judges of the Common Pleas, and the Barons of the Exchequer, to consider of the Errors in the Record between George Haughton Plaintiff, and Anne Harris Defendant, Mr. Baron Trevor made Report thereof, "That all the Judges to whom it was referred did meet, and have heard the Counsel on both Sides; and are of Opinion, That the Errors assigned are not sufficient in Law for the Reversal of the Judgement."

Hereupon this House Ordered, That the Judgement is confirmed; and the Record to be remitted, that Execution may be taken out accordingly.

Limbrey & al, and Langham & al.

Next, the Answer of Captain John Lymrey and others, to the Petition of Alderman Langham and others, was read.

And it is Ordered, That the Cause shall be heard, by Counsel on both Sides, the Fourth Day of November next ensuing, at Ten of the Clock in the Morning, peremptorily, at which Time all the Judges are hereby commanded to attend this House; and that, in the mean Time, there be no further Proceedings in the Business contained in the said Petition: And all whom it concerns are to take Notice, and yield Obedience accordingly.

Letter from the Scots Commissioners, with a Pamphlet against their Army.

A Letter, directed to the Speaker of this House, was read, from the Commissioners of the Parliament of Scotland.

Also a printed Book was read, intituled, "A Declaration concerning the miserable Sufferings of the Countries, under the Scott Forces that quarter in the North of England, &c." which was presented to this House from the Scotts Commissioners with the Letter.

Conference about their Papers that were seized, to be reported.

Ordered, That the Speaker do report the Effect of the Conference with the House of Commons, concerning the Scotts Papers printed, on Tuesday next.

Ordered, That the Master and Wardens of the Stationers do take Care to find out the Printer of this Declaration, and (fn. 1) give an Account to this House thereof.

Answer from the H. C.

Sir Edward Leech and Mr. Page do return with this Answer from the House of Commons:

That they agree to the Amendments in the Commission for hearing of Causes in the Chancery: (Here enter it.) And they agree to the enlarging the Time to the Earl of Cleaveland.

Message from thence, about swearing the Commissioners of the Great Seal.

A Message was brought from the House of Commons, by Mr. Samuell Browne, &c.

To desire that their Lordships would appoint a Time for the swearing of both the Speakers Commissioners of the Great Seal of England; and also to desire a Committee of both Houses may be appointed, to consider in what Way to put the Great Seal in after the Expiration of the Time limited to the Two Speakers; and the said Committee to report the same to the Houses, that so, according to the Declaration of the Houses, there may be no Stop of the Proceedings in the Law.

Ordered, That the Two Speakers shall be sworn presently Commissioners of the Great Seal, in the Presence of the House of Commons.

Committee to meet with One of the H. C. to consider how to dispose of the Great Seal after the Time limited in the Commission.

Ordered, That this House agrees with the House of Commons, in appointing a Committee, as they desire; videlicet,

Any Seven, to meet on Thursday next, at Two post meridiem, in the Painted Chamber; and at such Times after as they shall think fit.

The Answer returned was:

Answer to the H. C.

That this House appoints that the Speakers of both Houses be sworn Commissioners of the Great Seal of England in the Presence of both Houses; and also that this House agrees to join with a Committee of this House, to meet with a Committee of the House of Commons, as they desire; and their Lordships have named a Committee of Fifteen Lords, the Quorum any Seven, to meet on Thursday next, in the Afternoon, at Two of the Clock, in the Painted Chamber; and after, at such Time as they shall think fit.

Griffith's Bail discharged.

Upon reading the Petition of John Griffith Esquire; shewing, "That he hath above this Twelve-Months been bound to his good Behaviour, by an Order of this House; and hoping that, since that Time, he hath not done any Thing whereby he may deserve the Continuance of their Lordships Displeasures: Therefore he prays, that he may be eased of so heavy a Burden, which he hath so long lain under."

It is Ordered, That the said Order is taken off, as is desired.

Ordinance to continue the Treasurers at War, &c.

The Lord Wharton reported from the Committee, the Ordinance for the Treasurers of the Army, with Alterations and Amendments, which were read.

And the said Ordinance was Agreed to, and Ordered to be sent to the House of Commons, (fn. 2) for their Concurrence.

St. John and the E. of Westmorland.

Upon reading the Petition of John St. Johns: It is Ordered, That the Speaker do write, from this House, to the Earl of Westm. that he give the Petitioner such Satisfaction as he may not have Cause to complain any more to this House.

Lords ready to swear the Commissioners of the Great Seal.

The Gentleman Usher of the Black Rod was commanded to signify to the House of Commons, "That this House is ready to swear the Two Speakers Commissioners of the Great Seal of England."

Captain Morgan to be rewarded.

Ordered, That Captain Morgan's Sequestration be taken off, and his Service considered, in his Endeavours in recovering a great Part of South Wales; and that it be communicated to the House of Commons, and their Concurrence desired therein, for the taking off his Sequestration.

D. of Buck's Petition, for his Sequestration to be taken off.

Upon reading the Petition of George Duke of Buckingham; shewing, "That, in Anno 1643, he, being then but Fifteen Years old, was carried by Doctor Aglionby his Tutor to several Places then the King's Quarters, being, as he affirmed, so commanded by the King, whose Ward he was; but he dying, the Petitioner went beyond the Seas, where he hath remained until about the 24th of September last, when, by Leave of the House of Peers, he returned into England; and hath never, by Word or Action, contributed any Thing to the Assistance of the War against the Parliament: Yet the Petitioner, upon his Return, finds his Estate under Sequestration, by Order of the House of Commons:

"Therefore he prays, that his Cause may receive an Examination, in such a Way as the Houses may hold agreeable to Justice; and that he may be freed from his said Sequestration."

It is Ordered, That it be referred to the Committee of Lords and Commons for Sequestrations, to examine the Matter suggested in the said Petition.

The Speakers sworn Commissioners of the Great Seal.

The House of Commons being come; the Two Speakers were sworn Commissioners of the Great Seal of England, in the Presence of both Houses of Parliament; videlicet, Edward Earl of Manchester Speaker of the Lords House, and Wm. Lenthall Esquire Speaker of the House of Commons.

The Earl of Manchester took these Oaths following, standing in his Place at the Woolsack as Speaker:

3. The Oath for the true discharging of the Place, his Lordship reading of it himself.

4. The Oath appointed to be taken by the Act for the Triennial Parliament, administered to him by the Clerk of the Crown.

Then the Speaker of the House of Commons had all the aforementioned Oaths administered unto him; videlicet,

The Oaths of Supremacy and Allegiance, by the Clerk of the Parliaments, at the Bar.

The Oath for the Discharge of the Place, read to him by the Speaker of the Lords House.

The Oath appointed by the Act for the Triennial Parliament.

This being done, the Earl of Manchester went down to the Bar, and the Great Seal was brought from the Woolsack down to the Bar, by the Clerk of the Parliaments: And the Great Seal being taken out of the Purse and opened, the Speaker of the Lords House took it into his Hand, and said, "According to the Ordinance of both Houses of Parliament, authorizing me to be a Commissioner of the Great Seal, I do receive it, and deliver it unto you; (videlicet, the Speaker of the House of Commons,) as the other Commissioner."

Message to the H. C. for Committees to meet about disposing of it, after the Time limited in the Commission;

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

1. To let them know, that this House hath nominated a Committee of Fifteen Lords, to meet with a proportionable Number of the House of Commons, to consider how to dispose of the Great Seal of England when the Time limited in the last Ordinance is expired; and that the said Committee is to meet on Thursday next, in the Afternoon, at Two of the Clock, in the Painted Chamber, and afterwards at other Times as they shall think fit.

and about the following Particulars.

2. To deliver to them the Ordinance for the Treasurers of the Navy, with the Amendment, wherein their Concurrence is desired.

3. To put them in Mind of the Ordinance for the making the Lord Herbert Warden of the Stannaries.

4. To put them in Mind of the Ordinance for granting the Custody of the Lord Boteler to the Lord Howard.

5. To deliver to them the Petition of George Duke of Bucks; desiring their Concurrence, that it may be referred to the Committee of Lords and Commons for Sequestrations, to examine the Truth of the Matter contained in the Petition.

6. To desire their Concurrence in the Order concerning Captain Morgan.

L. Stafford, a Pass to come Home.

Ordered, That the Lord Viscount Stafford shall have a Pass, for himself and his Lady, and Family, consisting of Twelve or Fourteen Servants, to come out of France, to Dover, or any other Port of this Kingdom, and from thence to London, without any Lett or Disturbance.

Letter from the Scots Commissioners, complaining of a printed Pamphlet;

"Right Honorable,

-desiring their Papers seized at the Press may be returned;- and that a speedy Supply may be sent to their Army.

"Upon the 11th of August, wee did declare how desirous the Kingdome of Scotland was of the easinge of the Burthens and Pressures of this Nation, and their Willingnes forthwith to surrender the Garrisons, and recall their Army out of this Kingdome, reasonable Satisfaction beinge given for their Paines and Charges; and after the Honorable Houses had resolved upon the Waies and Meanes for their Satisfaction, wee were pressed by them to come to a speedy Agreement concerning the perticuler Time of the Removall of our Army out of this Kingdome; which was insisted upon with so much Earnestnes, as at the Conference in Sept. last it was required, That wee should declare, That our Consultation aboute the Disposall of the Person of the Kinge should be noe Hinderance to the Marching of our Army out of this Kingdome, or to any Treaty concerninge the same; to which wee did not only willingly assent, but have since declared, That wee were ready within 24 Houres to agree concerninge the Tyme and Place of the Payment of the First 200,000£. and the Security to be given for the other, and to appoint a Day for the Delivery of the Garrisons, and marching of our Army out of this Kingdome. For above these Six Monthes past, noe Money hath bin sent to our Army; nor hath any Course bin taken for their Maintenance duringe that Time, but they have bin forced to quarter upon the Northerne Counties, of whose Sufferinges wee have bin soe sensible, that there was noe Meane could occurre to us which might afford them Releef, but wee have from Time to Time represented the same to the Honorable Houses; and wee may from certaine Knowledge, and with Considence, say, That, for above these Two Months past, the Northern Counties have bin noe more desirous to be eased of their Pressures, than the Scottish Army have bin to remove out of this Kingdome, and retorne to their Native Country; all which notwithstanding, wee doe perceive that our malicious Enemies will never give over to callumneate our best Actions and most faithfull Endeavors, and for their owne base Ends to foment and increase Jealousies and Differences betweene the Kingdomes, as may appeare by a printed Declaration heere inclosed, which wee finde to be soe full of wicked Spite, bitter Invectives, and detestible Lies against the Scottish Army, and soe directly ayminge to stirr up a Disaffection in the People against that Nation and Army, as wee could not but present it to the Veiwe of the Honorable Houses; earnestly desiring them seriously to consider how they would construct of it, if Diurnalls and Pamphletts of this Kinde were dayly lycensed in the Kingdome of Scotland to be printed against the English Nation or Army, and noe Cause taken for their Vindication; but rather all Papers which may cleere their Proceedings denyed to be lycensed, or stopped and suppressed. Wee did longe since, in our Paper of the 11th of Aug. express our Confidence, that the Honorable Houses, in their Wisedome and Justice, would take some Course to prevent such vile Abuses for the future; and having ever since bin expectinge to heare of their Resolutions for a speedy Redress: But havinge perceived that the Patience of the Houses hath animated the Author of such Pamphletts to retorne to their former Boldnes, wee are necessitated to renue our former Desires; beinge still confident that, if the Honorable Houses could spare but a little Time from their greater Affaires, upon the Perusall and Consideration of a few of the Diurnalls and Pamphletts that are almost dayly published to the World, their Wisedome and Affection would never beare with soe many base Calumnies and reproachfull Aspersions as are therein cast upon their Brethren of Scotland, with whome they are tyed by soe many Bonds and mutuall Obligations.

"Wee shall not further insist upon this Busines; expecting, upon what is already represented, to receive speedy Satisfaction; not doubtinge also, but that the Honorable Houses will in their Wisedome and Civility give Order, that the Speeches of the Lord Chauncelor of Scotland, lately seized on at the Press, and which were by him discharged to be published till the Conference was first reported to the Houses, shall be retorned unto us; and, to the End a happy Correspondence with Love and Amyty may be inviolably preserved betweene the Kingdomes, wee doe againe earnestly intreate that all Course be taken for the presente Maintenance of the Scottish Army, and Ease of the Northerne Parts, or, which wee much rather desier, that the 200,000£. may be forthwith provided and sent to that Army; and (without further Delay) that a Day may be agreed on for the Delivery of the Garrisons, and marchinge of our Army out of this Kingdome, that, after all these Trobles and heavy Pressures of both Kingdomes, they may at last enjoy the Fruits of their Labours, a happy Peace; which is the earnest Desire of

Your Lordship's Most humble Servants,

"Loudonn.

Lauderdaill.

"Hew Kennedy.

Ro. Barclay."