House of Lords Journal Volume 8: 7 January 1646

DIE Mercurii, 7 die Januarii.

PRAYERS, by Mr. Newcomen.

Ds. Grey de Warke, Speaker.

Orders, &c. from the H. C. for Concurrence.

The Instructions for Reprizals read, and approved by this House. (Here enter it.)

Agreed.

Order of the House of Commons, to make Commissioners Navy Justices of Peace.

(Here enter it.)

Agreed.

Order of the House of Commons for the Commissioners of the Navy. (Here enter it.)

Agreed.

Ordinance House of Commons, Commissioners Customs to sell Goods in Warehouses.

(Here enter it.)

Agreed.

Report concerning the Proceedings against the E. of Stamford, for assaulting Sir A. Hasilrigg.

The Lord Robertes reported from the Committee of Privileges, the whole Business concerning the Earl of Stamford, and his Letter, which was of Three Parts.

(Here enter the Report.)

"1. Concerning the Conference with the House of Commons about the Earl of Stamford's Business, and their desiring the Concurrence of this House in their Vote.

"2. Concerning the Examination of Poulton."

The House taking the Business into Consideration; it is Resolved, by this House, That the House of Commons desiring the Concurrence of this House in their Vote is a Breach of the Privilege of this House.

Ordered, To have a Conference with the House of Commons about this Business.

Ordered, The Earl of Stamford hath Leave to make his Application to the House of Commons concerning himself, as he shall think fit.

Ordered, That Henry Poulton shall be examined in the Earl of Stamford's Cause de'bene esse.

Message to the H. C. for a Conference about it.

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

To desire a Conference, To-morrow Morning, at Ten a Clock, touching the former Conference concerning the Earl of Stamford's Business.

Ly Harcourt's Ordinance.

Ordered, That the Reference to Mr. Justice Reeves, concerning the Lady Harcourt's Business, shall be reported to this House on Monday Morning next; and and Mr. Justice Rolls and Mr. Baron Atkins to be added, to be Referrees.

E. of Suffolk versus the Executors of Sir R. Hitcham.

Ordered, That the Business of the Demurrer touching the Earl of Suff's Cause is referred to the Consideration of these Lords Committees, who are to report the same to this House:

Any Five, to meet on Tuesday next, in the Afternoon, at Three of the Clock; and all the Judges to be assistant.

Papers from the Scots Commissioners.

The Lord Viscount Say & Seale reported divers Papers from the Committee of both Kingdoms:

"Die Martis, 6 Januarii, 1645.

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

"Ordered, That such Papers as the Commissioners of Scotland shall send to the Reporters To-morrow be by them reported to both Houses."

(Here enter the Papers.)

Message from the H. C. to expedite Ordinances.

A Message was brought up, by Mr. Nicolls, &c. To desire Expedition to these Ordinances formerly brought:

1. An Ordinance concerning Continuance of the Committee of the Army and Treasurers at War.

2. An Ordinance for impressing Soldiers, for the Recruit of the Army.

3. Ordinance for punishing imprested Soldiers that run from their Colours.

The Answer returned was:

Answer.

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

Message from thence, about a Plot intended on the King's coming to London;

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

that they will secure the City;

1. To acquaint their Lordships with an Examination taken by a Committee of the House of Commons, concerning some Plots which should be upon the King's coming to London; and that the House of Commons are resolved to secure the City, and the Town and Parliament, before (fn. 1) they meddle with any Private Business.

(Here enter it.)

and to pass Ordinances.

2. To desire their Lordships would pass those Public Ordinances as lye here.

3. An Ordinance concerning (fn. 2) Lyncolneshire.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House will take the Private Ordinances into Consideration speedily; and that this House agrees to the Ordinance concerning Lyncolneshire.

Sir W. Russel & al. and Lenthall & al.

Ordered, That Sir Wm. Russell's Business shall be taken into Consideration on Saturday Morning next.

Scots Commissioners to be conferred with, to expedite the Answer to the King.

Upon reading the Paper of the Scotts Commissioners this Day, dated the 6th of January, concerning the Answer to the King's Letter: It is Ordered, That it is referred to the Members of both Houses that are of the Committee of both Kingdoms, to confer with the Scotts Commissioners, to give them Satisfaction to the other Part of their Paper, that the Answer be not retarded.

Private Causes to be heard P. M.

Ordered, That such Private Causes as are appointed to be heard in the House shall be heard in the Afternoons.

Examination concerning a Plot intended on the King's coming to London.

"examined, faith, heard Prince Robert with many Oaths swear, That if his Uncle could but get into London, though but with Three Hundred Men; before He had been there Three Hours, He should have Three Thousand, Three Thousand, and Three Thousand too; and that He Himself would cut all the Throats of the Roundheaded Rogues that sit in the Parliament.

"That Prince Rob't said, his Uncle had many Friends in London which durst not shew themselves; but when his Uncle came, (fn. 3) they would; and then He did not doubt to make good all their Losses: And Prince Maurice confirmed and agreed to the Speeches of his Brother, by many Oaths.

"And this, this Examinant is ready to make good, to be most true, upon his Oath.

"And this Examinant further saith, That the Reformadoes being about to guard His Majesty's Person on New Year's Eve at Night, it was noised that His Majesty would go to London the next Morning, whether the Letters from the Parliament came or no; upon this, there was a Puzzle in Oxford, to provide to go accordingly: And that it is the general Voice, that their Party is so great here, as they have Assurance from those who come from London daily without Interruption, that their Party is so great here, that, if His Majesty come, they shall easily destroy the City and the Parliament, and take all themselves.

"Upon the Stop of His Majesty's coming; the next Day it was ordered, that all the Troopers should quarter in and about Oxford upon Free Quarter for a Fortnight, because they hope to come before that Time."

Instructions for Reprisals.

"Whereas the Committee of Lords and Commons for the Admiralty and Cinque Ports are, by an Ordinance of both Houses of Parliament, authorized and enabled to do and execute all such Things as appertain to the Office of Lord High Admiral of England; and whereas it is Ordained by another Ordinance of Parliament, dated 30 Novembr. 1643, That it shall and may be lawful for any His Majesty's good Subjects, that shall be approved and thereunto appointed by the Lord High Admiral of England appointed by both Houses for the Time being, in warlike Manner, to equip, arm, furnish, man, and set out to Sea, such and so many Ships as they shall think fitting; and with the same to seize, surprize, and take, all and all Manner of Ships and Vessels which they shall meet withall, in or outwards bound, from any Port or Place within any His Majesty's Dominions, being in Hostility against the Parliament, or coming from or returning to any such Port or Place, or that shall be found to have traded with the Inhabitants of any such Port or Place since their Defection from the King and Parliament; and also to seize, surprize, and take, all and all Manner of Ships and Vessels belonging to any Rebel or Rebels in Ireland, together with the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers, in the said Ships; and further to surprize and take all and all Manner of Pirates and Sea Rovers of what Nation soever, and their Ships and Goods whatsoever; and that the Ships to be so employed shall have Liberty to seek and take their Purchase where and how they please, according to such Instructions as shall from Time to Time be given them by the Lord High Admiral of England, or the Commissioners of the Admiralty, appointed by both Houses, for the Time being; and whereas this Committee hath been petitioned by Owners of the Ship The, for our approving of them to employ the said Ship under Command of Captain: In Execution of the Powers granted by the said Ordinance, we do hereby signify and declare, That we have approved and appointed, and do hereby approve and appoint, the said Petitioners, in warlike Manner, to equip, furnish, and arm, the said Ship The; and to place in her a competent Number of Soldiers, Mariners, and Gunners, with necessary Arms and Provision; and the same, so manned, equipped, armed, and provided, to set forth to Sea, under Command of the said Captain; and the said Captain to employ the said Ship for doing and performing the Services hereafter mentioned; (that is to say,) for the seizing, taking, and surprizing, of all Ships and Vessels belonging to any of His Majesty's Subjects, which the said Ship shall meet withall, in or outwards bound, from any Port or Place within any of His Majesty's Dominions being in Hostility against the Parliament, together with all the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers therein; as also for the seizing, surprizing, and taking, of all and all Manner of Ships and Vessels whatsoever, with the Ordnance, Ammunition, Victuals, and Goods therein, belonging to any Rebel or Rebels in Ireland, or which shall be going to, or coming from, any Port or Place in Ireland in Hostility against the Parliament; as also for the seizing, surprizing, and taking, of all and all Manner of Ships and Vessels, belonging to the Subjects of any Foreign Nation, going to any Port or Place in Hostility against the Parliament, with Arms, Ammunition, or other Contrabando Goods, for Supply of the Forces raised against the Parliament; as also for the seizing, surprizing, and taking, of all Pirates and Sea Robbers, of what Nation soever, and their Ships and Goods whatsoever, according to the Authority, Meaning, and true Intent, of the said Ordinance of the 30th of November, 1643: Provided, That, before the going forth of the said Ship, the said Captain, together with the Master and principal Officers thereof, or such other sufficient Persons in their Behalf as shall be accepted of by the Judge of the Admiralty for the Time being, do and shall enter into Bond of Two Thousand Pounds in the Admiralty Court, with Condition, that neither the said Commander of the said Ship, nor the Master or Company, or any of them, shall, under Pretext of the said Ordinance, or of these Instructions, spoil or damage any of the King's Subjects, nor any of the Friends or Allies of this Kingdom, other than such as are intended by the said Ordinance and these Instructions; as also that, for Justifications of the Prize or Prizes that the said Commander shall take, he shall bring into the Registry of the High Court of Admiralty all such Cockets, Bills of Lading, and other Documents and Writings, as he or any of his Company shall take or find in any such Ship or Vessel; and shall bring in with every such Ship or Vessel Two or Three of the principal Officers thereof, taken in the same, to be examined by the Judge of the Admiralty, or such as he shall appoint, concerning the Property of the said Ship, Vessel, or Goods therein, and to such other Questions and Interrogatories as he shall think fit to administer in that Behalf; and also that neither he nor they, nor any of them, shall break Bulks, spoil, waste, or diminish, any of the said Ships or Goods, until they shall be ad judged in the High Court of Admiralty to have been lawfully taken, according to the true Intent and Meaning of the said Ordinance and these Instructions, and a true and just Inventory and Ap praisement (fn. 4) taken and made of the same And the Judge of the Admiralty is hereby prayed and required to take Bond accordingly, and to certify the same under the Seal of the Admiralty Court, without which no Benefit is to accrue to the said Commander, Officers, Mariners, or any others interested in the said Ship, by any Thing done in Pursuance thereof And the said Captain shall truly pay and deliver to such Collectors or Receivers as both Houses of Parliament, the Committee of the Admiralty, or the Lord High Admiral for the Time being (appointed by both Houses of Parliament), have or shall appoint, the full Tenths of every such Prize as shall be taken by virtue of the said Ordinance or these Instructions

"Resolved, &c That the Committee for the Admiralty do give Instructions to such fit Persons as shall desire to set forth Ships as Private Men of War according to the Tenor aforesaid, notwithstanding any former Order or Ordinance to the contrary"

Order for the Commissioners of the Navy to be Justices of Peace

Ordered, by the Lords and Commons assembled in Parliament, That Captain Crondley, Captain Morris, and Captain Tweedy, be inserted into Commissions, and made Commissioners of the Peace, in the several Counties of Midd Surrey, Essex, Kent, and South'ton, respectively

Ordinance to continue the Commissioners of the Navy

"Ordered, by the Lords and Commons assembled in Parliament, That the present Commissioners of the Navy, (that is to say,) Captain Crandly, Captain Morris, and Captain Tweedy, do act, and are hereby authorized to act, as Commissioners of the Navy, according to the several Powers given them with others by the Ordinance of the 15th Day of September, 1642, until both Houses of Parliament shall take further Order, and that, from that Time, they and every of them shall have allowed and paid unto them, by the Treasurer of the Navy, upon and by the Order and Direction of the Committee of the said Navy, the Sum of Two Hundred Pounds per Annum unto each of them, during their Employment"

Order for the Commissioners of the Customs to sell Goods in their Warehouses that are not claimed

"Whereas the Commissioners of the Customs have, according to several Orders of the Committee of the Navy, returned an Inventory of all such Goods and Merchandizes as remain in the Great Warehouse belonging to the Custom house in the Port of London, as have been brought in and remained there till the last of December, 1643, unperfected, and have caused the same to be viewed and valued, and for that the said Goods are decayed, by reason of their long lying there, and not any Merchant appearing to lay Claim to the said Goods, and to pay the Customs and Duties due and payable for the same It is therefore Ordered and Ordained, That the Commissioners of the Customs depute the said Goods and Merchandizes to Sale, to the best Advantage of the State, and that the Monies arising upon the Sale of the said Goods to receive from the several Buyers, and to issue out the same so received as they shall, from Time to Time, receive Order from the Committee of the Navy, and the said Commissioners are to give Public Notice by Writing, on The Royall Exchange, London, Six Days before the Sale of any of the said Goods and Merchandizes Provided, That, if any Person shall make Claim and good Title unto any of the said Goods within Two Months after the Sale thereof, he shall receive Satisfaction for the same from the Parliament"

Order for Payment of Monies to the Lincoln Forces

"Ordered, by the Lords and Commons assembled in Parliament, That the Monies formerly assigned by Ordinances of Parliament for Maintenance of the Lincoln sheir Forces since the Association, which could not then be gathered by the Collectors of those Parts, and are sithence gotten in by the Committee of Accompts, and remaining in then Hands, be paid to the Treasurer of the Forces there, and disposed of according to the Directions of the Committee appointed to reside with those Forces"

Paper from the Scots Commissioners about the Answer to the King s Letters

"Haveing considered the Order of the House of Commons delivered to us by your Lord ships this Afternoone, wee doe retourne this Answere

"1 First, That wee doe well remember the Ex pressions contained in the mentioned Remonstrance, and that the Generall Assembly conceived that these Expressions could not bee interpreted to any further End then to move His Majesty to Repentance, unto which they doe soe earnestly and expressly exhort Him, with Promises and Threatnings, in the Name of God

"2 That many Things may bee seasonably re presented from the Generall Assembly of a Church, in a Remonstrance of that Kinde, which the State may judge not necessary to bee expressed, in order to a Pacification

"3 That wee intend noe other Thing in that Expression, but that wee hould forth, (videlicet,) To prevent as much as may bee such Misinterpretations as are to frequently put upon the Actions and Expressions of the Parliaments of both Kingdomes, contrary to their Intentions

"4 If the Houses of Parliament, after Consideration, judge it fitt to retaine the former Expressions, wee will not further insist, but desire and expect Sattisfaction to the other Parts of our Paper, that the intended Answere bee noe more retarded

6 Januarii, 1645/6

"By Commaund of the Commissioners for the Parliament of Scotlono

"Jo Cheisly"

Paper from them about the Maintenance of their Force before Newark and a Resolution of the H C for abridging their Number

"When wee were expectinge that a speedy and solid Course should have beene layd downe for Mainte nance of our Forces, which were with soe much Importunity invited by the Houses of Parliament, to come before Newarke, wee here nothinge sattisfactory concerning their Maintenance, but are sur prised by some unexpected Resolve of the House of Commons for abridging their Number, which wee conceived would rather have desired to bee increased, for the more effectuall pursueinge of the Worke they were first and last called unto, the Engagments and Undertakeings of the Kingdome of Scot land for this Kingdome, when the Parliament was in such a Condition as wee thinke noe Prosperity will ever make them forgett the Tyme and Season of the Entry of the Forces of that Kingdome into England, and their Actions and Sufferings sithence, which wee desire may bee rather remembred by the Honnorable Houses then commemerated by us, and their constant Desires and Endeavors till this Day, amidest their owne Troubles, to doe the best Service they can to this Kingdome, according to the Solemne League and Covenant of both Kingdomes All these doe hinder and forbidd us to apprehend any Jealousy to bee the Cause of this Resolution of the House of Commons Wee cannott conceive, when the Number of our Foote which entered this Kingdome is soe much diminished, part ly by their Sufferings here, and partly by the necessary retourninge some of them into Scotland for opposeing those who have noe other Controversy against us but our Assistance given to this Kingdome, and cannott bee opposed and pursued by Horse, but by Foote; that it can either stand with Reason and Equity, in such a Constitution of Affaires, or with the true Meaning of the Treaty, that there shall not bee above Two Thousand Horse and One Thousand Dragoones in the Scottish Army in this Kingdome; the specifyinge of which Number was, as the Words themselves doe import, that the Number should not bee under it, the Kingdome at that Tyme being unwilling to engage themselves for a greater Number then 3000 Horse and Dragoones, not that the Number should not bee above it, which wee beleeve would then have bin very acceptable, and, if the present Necessityes of that Kingdome could have bin forknowne, would not have bin refused for the future; like as when the Scottish Army did enter into this Kingdome, their Number was aboute 3000 Horse and 500 Dragooners, and soe continued without any Exception to the contrary till Monday last; and when afterwards the Earle of Callend'r was invited by both Houses to come upp for their Assistance, his Forces made a further Addition of Horses; and as, when the Scottish Army did enter into this Kingdome, there was a Necessity of a good Strength of Foote for opposeinge the Enemy, who then had a very considerable Infantry, soe afterwards, when, by the Blessing of God upon the Forces of both Kingdomes, the Enemye's Strength was much diminished, and they began to encrease the Number of their Cavalry, and turne themselves into a flying Army, it was necessary that the Scottish Army for their owne Safety and Security should encrease the Number of their Horse; otherwise it had bin altogether impossible for them either to pursue the Enemy goeing away, or to preserve themselves from being starved through Want of Victualls upon his Approach.

"And when the Troubles of Scotland were encreased through the Invasion of the Irish, while wee were assisting this Kingdome, some Regiments of our Foote were called Home for suppressing thereof; but all the Horse did continue in this Kingdome, with the Approbation of the Parliament, for opposeing the Forces of the Enemy, which did consist most in Horse, and did good Service against them, in hindring their Recruits, and preventing their goeing Northward upon severall Occasions; and wee cannott understand why it should be subject to Exception now, or that the Diminution thereof should bee pressed, they haveing lately expressed soe greate Forwardnes to engage against the Enemy: And since the lessening of their Number could not but render them contemptible in the Eyes of the Enemy, and expose them to daily Affronts and Injuryes; wee doe therefore earnestly desire, that a speedy Course may bee taken for their Maintenance, and that (without Prejudice to the Treaty) there may bee paid, according to their Mustars (which shall never bee denyed), to each Trooper 18 d. and to each Foote Souldier 6 d. whereof Two Parts in Provisions, and Third Part in Money, and Halfe Pay to the Officers, which is the least can bee demanded for their present Subsistence: And if the House of Commons shal bee pleased to insist upon that Resolve delivered to us Yesternight, wee shall communicate the same to the Parliament of Scotland, who, noe Doubt, will retourne such Answere as shal bee agreeable to the Treaty, and the Interest and Good of both Kingdomes; and in the meane Tyme wee doe expect that Care shal bee taken for their present Maintenance.

6 Januarii, 1646/5.

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

"Jo. Cheislie."