House of Lords Journal Volume 9: 8 June 1647

DIE Martis, 8 die Junii.

Prayers, by Mr. Clayton.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

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

That they have appointed a Committee of a proportionable Number, to go down to the Army: To the Order concerning Tumults, they will send an Answer by Messengers of their own.

Message from thence, with an Ordinance, appointing Days of Recreation.

A Message was brought from the House of Commons, by Sir John Maynard Knight; who brought up an Ordinance for appointing Days of Recreations, for Scholars and Servants, in Lieu of Holidays; wherein they desire their Lordships Concurrence.

The said Ordinance was read Twice.

And the Question being put, "Whether this Ordinance shall be committed to a Committee of the whole House?"

It was Resolved in the Affirmative.

Then the House was adjourned into a Committee of the whole House during Pleasure, to debate the same.

The House being resumed;

The said Ordinance was read the Third Time.

And the Question being put, "Whether to agree to this Ordinance?"

It was Resolved in the Affirmative. (Here enter it.)

Ordered, That this Ordinance be printed and published.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Message from the H. C. with a Letter from Sir T. Fairfax; and about the following Particulars;

A Message was brought from the House of Commons, by Sir Peter Wentworth Knight of the Bath;

To communicate to their Lordships divers Particulars:

1. A Letter from Sir Thomas Fairefax; but whereas there is Mention made in it of an Answer of the Commissioners, the House of Commons say, "They have received none." (Here enter it.)

Read.

2. Instructions to the Commissioners that are to go down to the Army, wherein they desire Concurrence.

(Here enter it.)

Read, and Agreed to.

3. An Ordinance concerning Ten Thousand Pounds for Soldiers. (Here enter it.)

Agreed to.

4. A Declaration concerning the Army, and expunging the Declaration of 30 March last.

5. An Order to pay Fifty Pounds to Captain Titus. (Here enter it.)

Agreed to.

and that they intend to keep a Day of Humiliation.

6. That they did intend To-morrow to keep a Private Day of Humiliation, in their own House; which they thought fit to acquaint their Lordships with.

Declaration for expunging the One of both Housee, disapproving of the Army Petition:

The Declaration for repealing and expunging the Declaration of the 30th of March last, was read Twice.

And the House was adjourned into a Committee of the whole House during Pleasure, to take the same into Consideration.

The House being resumed;

The said Declaration was read the Third Time.

And the Question being put, "Whether to agree to this Declaration now read?"

(Here enter it.)

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the aforesaid Question, these Lords following desired Leave of the House to enter Dissents, if the Question was carried in the Affirmative: Which was granted; and accordingly do enter their Dissents, by subscribing their Names.

Day of Humiliation to be observed.

Ordered, That this House agrees to keep Tomorrow a Private Day of Humiliation, in regard of the Distractions of the whole Kingdom; and that it be kept in this House: That Mr. Herle Prolocutor of the Assembly of Divines, Mr. Palmer, Mr. Arrowsmith, and Mr. Vynes, do perform the Duty of the Day; and all the Lords to be present.

The Answer returned was:

Answer to the H. C.

That this House agrees to all the Orders, Instructions, and Ordinances, now brought up.

Langham and Lymbrey.

The Judges this Day delivered in their Opinions in Writing, concerning the Matters referred unto them, by the Order of 25th May, in the Cause between Alderman Langham, &c. and Captain Lymbery, &c.; which was read. (Here enter it.)

Ordered, That this House will hear the Judges particularly deliver their Arguments and Reasons of this their Opinion publicly in the House, on (fn. 1)

Order to be sent to the Lord Mayor, to prewent Tumults about the Houses.

The Question being put, "Whether an Order shall be sent to the Lord Mayor of the City of London and the Committee of the Militia, to take Care to prevent all Tumults, and disorderly Coming-down of People to the Two Houses of Parliament?"

It was Resolved in the Affirmative.

Message to the H. C. to expedite the Order to suppress Tumults.

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

That in regard of the tumultuous Coming-down of People to the Houses, to desire the House of Commons would give a speedy Concurrence in the Vote Yesterday sent down to them.

"Instructions for Charles Earl of Nottingham and Charles Lord La warr, Members of the House of Peers; Field Marshal General Skippon, Sir Henry Vane Junior, Robert Scawen and Thomas Povey Esquires, Members of the House of Commons, or any Three of them, appointed by both Houses of Parliament to resort to the Army under the Command of Sir Thomas Fairefax.

Instructions for the Commissioners going to the Army.

"1. You are forthwith to repair to the Head Quarter of the Army, and acquaint the General with the Votes and Resolutions of both Houses; and desire his Assistance and the Officers, for the more effectual and orderly communicating thereof.

"2. You are, in the Head of every Regiment, to cause the said Votes and Resolutions to be read; and to improve them to the best Advantage for the Public Peace.

"3. You are, as often as conveniently you may, to give an Account of your Proceedings to the Houses; and to continue in this Service so long as you shall judge it necessary, or that you shall receive Directions from both Houses.

"4. You shall use your uttermost Endeavours to preserve a good Understanding between the Parliament and the Army."

Order for 50l. to Capt. Titus.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be bestowed upon Captain Tytus, to buy him an Horse; and that this Fifty Pounds be paid unto him by the Committee for Advance of Monies at Habberdash'rs Hall."

Langham &al. and Lymbrey & al.

"According to your Lordships Order of the 25th of May last, we have considered of the Case between Alderman Langham & al. and Captain Lymbrey & al. to us referred: And we are of Opinion as followeth; videlicet,

"1. We are all of Opinion, That the Chancery is within the general Remedy of the Statute of 4 H. IV. as well as the King, His Council, and Parliament.

"2. We are all of Opinion, If a Bill be exhibited into the Chancery, upon Matter in Equity, after a Judgement given in the King's Courts of Record, to bring into Examination the Grounds or Matters comprehended in the Judgement, that this is against the Statute of 4 H. IV.

"3. We are all but One of Opinion, That, in the Case in Question, the Bill in Equity being preferred into the Chancery after the Verdict in the King's Bench, and before the Judgement, and the Judgement being after given in the King's Bench upon that Verdict, that the Proceeding after in Chancery upon that Bill was against the Statute of 4 H. IV.

"4. We are all but One of Opinion, That Limbrey's Consent, mentioned in the Case, after the Judgement had and Demurrer over-ruled, doth not alter the Case; but that the further Proceeding after in the Chancery was against the Statute of 4 H. IV."

Declaration for expunging the One disapproving of the Army Petition, in which they imposed Terms on the Parliament.

"Whereas the Lords and Commons did, by a Declaration of the 30th of March last, declare their Sense upon a Petition, with the Representation thereunto annexed; and whereas they have been since informed, that the Petitioners intended not thereby to give any Offence to the Parliament; and calling to Mind the great and eminent Service done by the Army to the Parliament and Kingdom: The Lords and Com mons, being tender of the Honour of the said Army, have thought fit to Ordain and Declare, and be it Declared and Ordained by the said Lords and Commons in the Parliament of England assembled, and by the Authority of the same, That the said former Declaration of the 30th of March be razed and expunged out of the Books of the said Houses, and wholly taken away and made void; and that no Member of the said Army shall receive any Damage, Prejudice, or Reproach, for any Thing in the said former Declaration."

Additional Order for 10,000l. for Private Soldiers.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Ten Thousand Pounds more, with Interest for the same, be added to the Ten Thousand Pounds assigned for the Private Soldiers by Order of 5 Junii, 1647; and that it be charged upon the same Credit, and paid to the same Treasurers, and issued and disposed by Order of the same Committee, as the former Ten Thousand Pounds; together with the former Ten Thousand Pounds, be disposed for the Relief of the Private Soldiers that have served under the Commanders mentioned in the said former Order, and likewise for all such other Private Soldiers within the Lines of Communication that have served the Parliament under any other Commander in Chief: Provided, That they bring in their Names and Tickets to the Auditors sitting at Christ Church, named in the said former Order, before Friday Morning next, at Ten of the Clock; and the Auditors are hereby required, for the Dispatch of these Affairs, to begin their Sitting To-morrow Morning early."

Ordinance for Days of Recreation, in. Licu of Holidays.

(fn. 2) "Forasmuch as the Feasts of The Nativity of Christ, Easter, and Whitsuntide, and other Festivals commonly called Holy-days, have been heretofore superstitiously used and observed: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Feasts of The Nativity of Christ, Easter, and Whitsuntide, and all other Festival-days commonly called Holy-days, be no longer observed as Festivals or Holidays, within this Kingdom of England and Dominion of Wales; any Law, Statute, Custom, Constitution, or Canon, to the contrary, in any Wise notwithstanding: And to the End that there may be a convenient Time allotted, to Scholars, Apprentices, and other Servants, for their Recreation, be it Ordained, by the Authority aforesaid, That all Scholars, Apprentices, and other Servants, shall, with the Leave and Approbation of their Masters respectively first had (fn. 3) and obtained, have such convenient reasonable Recreation and Relaxation from their constant and ordinary Labours, on every Second Tuesday in the Month throughout the Year, as formerly they have used to have on such aforesaid Festivals commonly called Holy-days; and that Masters of all Scholars, Apprentices, and Servants, shall grant unto them respectively such Time for their Recreations, on the aforesaid Second Tuesdays in every Month, as they may conveniently spare from their extraordinary and necessary Services and Occasions: And it is further Ordained, by the said Lords and Commons, That if any Difference shall arise between any Master and Servant concerning, the Liberty hereby granted, the next Justice of the Peace shall have Power to order and reconcile the same."

Letter from Sir T. Fairfax, that he was not privy to the King being taken from Holdenby;—that He now refuses to return there;—that there is a trusty Guard about Him;— and desiring some Pay to be immediately sent down to the Army.

"Mr. Speaker,

"By my last of Friday the 4th Instant, I gave you an Account of what I understood from Holdenby, concerning the Undertaking of some Soldiers on Wednesday last, to secure the King from being secretly conveyed away; and that, Colonel Grevis being thereupon privately slipt away, I had sent Colonel Whalley, with his Regiment, to attend the Commissioners, and take Charge of the Guards there. On Saturday Morning, being at a Rendezvous beyond Newmarkett, and advancing the Army this Way in order to quarter about Cambridge, I received Advertisement, that the Soldiers at Holdenby had, upon Friday Morning (with His Majesty's Consent), brought Him away from thence, together with your Commissioners; that they lay at Hinchingbrooke, near Huntington, on Friday Night, and would be at Newmarkett that Day. The Ground of this Remove was alledged to be, an Apprehension in the Soldiery of some Forces gathering towards that Place, suddenly to fall upon them, and (fn. 4) force the King out of their Hands; to withstand which, they thought they might be too weak, having then no Notice of Colonel Whalley's coming with his Regiment. Upon this, I immediately sent after Colonel Whalley, to advertise him thereof, with Order to direct his Course towards Huntington; and (wheree'er he met His Majesty and the Commissioners) to desire that they would come on no further this Way, but rather to return, and suffer him to guard them back; and, to prevent any Danger imaginable therein, I sent off from the Rendezvous Two Regiments of Horse more, to march after Colonel Whalley towards Huntington, and so on towards Holdenby, to be assistant to him in the Guards about His Majesty, if it should be found needful: And thus I held on the Motion of the rest of the Army this Way. Towards Evening, after the Quarters of the Army were assigned and taken up hereabouts, and the Regiments marching off towards their several Quarters, I understood from Colonel Whalley, that, meeting the King and your Commissioners upon their Way from Huntington towards Newmarkett, about Four Miles short of Cambridge, they had forborn to come on any further; but His Majesty being not willing to return back for Holdenby, they had taken up His Quarter for present at Sir John Cutts'. House, at Childerstey, being the next House of any Convenience to the Place where He met them. Hereupon I sent thither Sir Hardres Waller and Colonel Lambert, to inform the Commissioners of my coming to Cambridge, and the Army's Quartering hereabouts; and to desire that they would think of returning back with His Majesty to Holdenby; and (because there might be many Inconveniences in Delay) that they would not make any Stay where they were, but remove back that Way next Morning, (fn. 5) though it were the Lord's-day. The Commissioners refused to act or meddle any otherwise in disposing the King than by their Answer to me, whereof I have sent you a Copy here inclosed; and His Majesty declares Himself very unwilling to go back to Holdenby. I have thus given you a true and faithful Account how His Majesty came to the Place where He is, and how the Quarters of the Army have fallen out to be so near Him. Whatever, by the Concurrence of Events to make it thus, may be suspected of Design therein, this is the exact Truth of the Business; and I can clearly profess (as in the Presence of God) for myself, and dare be confident of the same for all the Officers about me, and Body of the Army, that this Remove of His Majesty from Holdenby was without any Design, Knowledge, or Privity thereof, on our Parts, and a Thing altogether unexpected to us, until the Notice of it came upon the Rendezvous, as before; neither was the Rendezvous or our coming hither to quarter with the Army for any Purpose, or with any Expectation, to be so near His Majesty as it happened; but the Effect is so far merely providential, and to us accidental: But the Case being as it is, the Commissioners refusing to in termeddle as before, and the King to go back. I have placed, and shall continue about His Majesty, such a Guard of trusty Men, and under such Command (Colonel Whalley being Chief in the Charge), as I may be responsible for to the Parliament and Kingdom, so far as can reasonably be expected from me, by the Blessing of God, to secure His Majesty's Person from Danger, and prevent any Attempts of such as may design by the Advantage of His Person the better to raise any new War in this Kingdom. And truly, Sir, to prevent any such Mischief, as it is my own most earnest and humble Desire, so I find it to be the unanimous Desire and Study of the Army, that a firm Peace in this Kingdom may be settled, and the Liberties of the People cleared and secured, according to the many Declarations by which we were invited and induced to engage in the last War: And the Parliament's effectual and speedy Application to those Two Things, I find, would conduce more fully and surely to a chearful and unanimous Disbanding, than any other Satisfaction to their particular Grievances can do. And yet (whatever may be suggested or suspected) I do certainly find, and dare assure you you may depend upon it, That the Sense of the Army is most clear from any Purpose or Inclination to oppose the settling of Presbytery, or to have the Independent Government set up, to uphold a Licentiousness in Religion, or to meddle with any such Thing, to the Advancement of any particular Party or Interest whatsoever; but wholly to leave all such particular Matters to the Wisdom of the Parliament. I shall by the next send you a full Account of the Proceeding and unanimous Resolutions of the Army at the late Rendezvous (being not at present prepared so full to do it as is fit). The Letter from both Houses I have received but this Night. The Quarters of the Army being lately altered-before, will make the Heath near Newmarkett less convenient for a Rendezvous; yet I shall take Order (according to the Desire of the Houses) to have a Rendezvous, either there or not far off, on Wednesday next. I remain

Cambridge, June 7, 1647.

"Your most humble Servant,

"T. Fairefax.

"Postscript.

"I shall, according to my Duty and the Desires of the Houses, do my utmost to keep the Army in good Order; to which I find it absolutely necessary, that there be some Pay immediately sent down, and otherwise this Country may suffer much.

"This Letter being long, and the Business requiring Haste, I shall desire that this may serve for present to be communicated to both Houses.

"For the Honourable Wm. Lenthall Esquire, Speaker of the Honourable House of Commons.

"Haste, Haste, Post Haste."

Adjourn.

House adjourned till 9^a cras.