House of Lords Journal Volume 9: 28 June 1647

DIE Lunæ, 28 die Junii.

PRAYERS, by Mr. Walker.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letters from the Commissioners with the King, and with the Army.

A Letter from the Lord Mountagu, was read.

(Here enter it.)

A Letter from the Earl of Nottingham and the Lord Wharton, was read. (Here enter it.)

Another Letter from the Earl of Nottingham and the Lord Wharton was read, with a Paper inclosed from the Council of War. (Here enter it.)

Letter to the Commissioners with the King, about His being at Newmarket or Royston.

After a long Debate, this Question was put, Whether to second the former Vote of the 24th June Instant, concerning the King being at Royston or Newmarket, by a Letter to the Commissioners with the King at Hatfield, and to Sir Thomas Fairefax?"

And it was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting the aforesaid Question, these Lords following desired Leave to enter their Dissent, if this Question were carried in the Affirmative: Which being granted, they did accordingly enter their Dissent, by subscribing their Names. (fn. 1)

"T. Lyncolne.
Middlesex.
Suffolke.
Stanfurd.
Hunsdon.
F. Willughbye.
W. Maynard."

Letter to the King, on the same Subject.

Ordered; That a Letter also be written to the King, in Pursuance of the aforesaid Vote; and accordingly a Letter was drawn up, and read, and approved of, and Ordered to be sent to the House of Commons for their Concurrence.

Message from the H. C. with an Order and Ordinance.

A Message was brought from the House of Commons, by Mr. Wheeler, &c.; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. An Order concerning the Reduced Scotch Officers. (Here enter it.)

Read, and Agreed to.

2. An additional Ordinance concerning Days of Recreation for Scholars, Prentices, and Servants.

(Here enter it.)

Read, and Agreed to; and Ordered to be printed and published.

The Answer was:

Answer.

That this House agrees to the Particulars now brought up.

Letters to the Commissioners with the King, and Sir T. Fairfax.

The Speaker reported the Draught of a Letter to be sent to the Commissioners with the King; which was read, and approved of.

The Letter to Sir Thomas Fairefax, was read, and approved of.

Letter from the Commissioners with the King, that He is at Hatfield, and that the Duke of Richmond and others have been with Him.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers, pro Tempore. These.

"My Lord,

"The King marched hither Yesterday, being not willing to stay at Royston, or to return to Newmarkett. The Duke of Richmond came to His Majesty last Night. Others in like Condition are here. Doctor Sheldon and Doctor Hamond followed from Royston. The latter preached before the King this Morning. Which Account is all I can give you; remaining

Hatfeild, 27 Junii, 1647.

"Your Lordship's humble Servant,
Edw. Mountague."

Letter from the Commissioners with the Army, that the Head Quarters are to be at Reading;— and with the following Declaration of the Army.

"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers. These, with Haste.

"May it please your Lordship,

"The Letters sent last Night, with the Votes inclosed, we have communicated this Morning to the General, and desired him to put the Business of the Treaty into a speedy Way; which he promised to consider of with his Council of War.

"This Afternoon the General sent us, by Commissary General Ireton and some others of his Officers, this inclosed, in Answer to our Desires Yesterday, to know what Things they desired to have granted before the Army drew back; upon Perusal of which, we told them, "That there were some Things expressed in the Paper, that the House had already granted." To which they gave us this Return, "That the Heads of this were resolved at a Council of War before your last Resolutions came to their Knowledge, and had not since met; and therefore the Paper may contain some Things that the Houses have already answered." And, upon Conference, they did discover thus far of their Intentions touching their Remove, "That they intended to make Reading their Head Quarter; and that the Body of the Army should lie behind and on the Sides of Reading; but that to be their nearest Quarter towards London."

"We conceive that the Treaty is likely little to advance, while the Army remains here; and therefore your speedy Resolutions to the Things contained in the inclosed Paper will speed both the Remove of the Army from hence, and draw on the Treaty; in which, when Things are ready for it, we shall serve you with all Diligence and Fidelity, to the utmost of our Power and Interest, as befits,

Uxbridge, 27 June, 1647.

"My Lord,
Your Lordship's
Faithful and humble Servants,

"C. Nottingham.
P. Wharton."

Declaration of the Army, from Sir T. Fairfax, &c. containing their Desires, which they want granted by the Parliament.

"Whereas the Right Honourable Commissioners of Parliament having desired to know from us what Things we do desire to be granted before our drawing back the Quarters of the Army to a further Distance from London, upon the granting whereof we will engage to draw back; we do, in Answer thereunto, humbly profess these Particulars following, as what are of present Necessity to us, and we do desire at present to be granted, in order to the Army's and Kingdom's present Safety, in the further Debate, Transaction, and Settlement, of those other Things contained in our former Representations and Papers, which will require and may admit more Time: Upon the granting of which Things, we shall willingly draw back (as is desired), to have those other Matters debated and transacted at a further Distance, with Deliberation answerable to the Nature and Weight of them:

"1. That the Parliament would be pleased to re-call the Declaration inviting Men to desert the Army, and promising their Arrears in case they do so; and to declare for future, That whoever shall desert their Colours or Charges in the Army, without the General's particular Licence and Discharge, shall not have any of their Arrears paid them.

"2. That the Army may be paid up equally to those that have deserted it. This we desire may be immediately granted or resolved, before we draw back; and to be performed (at least) to the Private Soldiers fully, and in Part to the Officers, with all Speed convenient.

"3. That those that have deserted the Army may be instantly discharged and dispersed, and receive no more of their Arrears till the Army be first satisfied.

"4. That both Parliament and City may be speedily and effectually freed from the Multitudes of Reformadoes and other Soldiers beforementioned, that flock together in and about London, by a speedy Dispatch and Discharging of them from the City.

"5. That all such Listings and Raising of new Forces, or Drawing-together of any (as in our Remonstrance and Papers are exprest), and all Preparations towards a new War, may be effectually declared against and supprest; as also all Invitations and Endeavours to draw in Foreign Forces, either from Scotland or other Foreign Parts.

"6. That the Continuation of the Army in the Pay of the State for some competent Time, while the Matters in Debate relating both to the Army and Kingdom may be concluded and settled, be at present ordered and declared for (before our drawing-back), and the same with all Speed to be effectually put into an established Way; that the Army may be enabled to pay Quarters, for the Ease of the Country where it must lie; and the Soldiery the better kept from Abuse to the Country, and reduced to that good Order and Discipline which has formerly been happily kept in this Army, though of late (through Want of pay and other just Discontents with the late Provocations put upon them) unhappily interrupted.

"7. That, during the same Space, the Parliament would resolve, not to propose any Place for His Majesty's Residence nearer to London than they will allow the Quarters of the Army to be.

"Now for our former Desire of present suspending the Impeached from sitting in the House;

"1. Whereas (we understand) that the House hath voted, "That it doth not appear that any Thing hath been said or done by them within the House, touching any Matter contained in the Papers from the Army, for which the House can in Justice suspend them; " though (if Way were given and opened, without Breach of Privilege, for us to charge them with, and for others to be examined and freely to testify unto such Things), we should not doubt to make such Proceedings and Practices of theirs in the House to appear; for which (according to former Precedents) they justly might and ought to be suspended: Yet we are so tender of the Privileges of Parliament, as that we shall at present forbear to reply or press further upon that Point, for the Houses proceeding therein upon their own Cognizance.

"2. Whereas the House hath voted, "That, by the Laws of the Land, no Judgement can be given to suspend those Members from sitting in the House, upon the Papers presented by the Army, before Particulars produced, and Proofs made:" Though we think good Reasons may be given, and Precedents found, to the contrary, even in the Proceedings of this Parliament, as in the Case of the Earl of Strafford, the Archbishop of Canterbury, Lord Keeper Finch, and others; yet we do declare, That we have both Particulars and Proofs against them ready to produce; but, considering that the Proceeding thereupon will probably take up much Time, and the present unsettled Affairs of the Kingdom in relation to those greater Matters proposed by us do require a speedy Consideration, we shall be willing that those greater and more general Matters of the Kingdom be first considered of and settled, before the Censure of those Members be determined: And therefore, because they may apprehend it some Prejudice to them, to have their particular Charges given in, and lie upon them so long undetermined, we shall be willing to forbear the giving in of the Particulars against them, till they may without Interruption to the general Affairs be immediately proceeded upon: But, if the House do think fit the Particulars against them be first delivered in, we shall be ready to do it.

"3. Whereas we understand that the Members charged have desired Leave from the House to withdraw themselves; we cannot but take Notice of the Modesty thereof, so far as that we are contented therewith, for the present more quiet Proceeding to settle the perplexed Affairs of the Kingdom; which (without any private Animosities against Persons) is our greatest End in what we do: Only we declare, That (as we suppose the Gentlemen themselves, from the same Ground that induced them to offer this, will still forbear to offer the contrary till the Matters concerning them be heard and determined, or to make any new Interruption or Disturbance to the Proceeding upon or Settlement of the general Affairs of the Kingdom; so) we hope, and shall confidently expect, that the Wisdom and Justice of the House will not admit any Thing to the contrary, or leave it to any Hazard thereof; but will use sufficient Care and Caution against any such Thing, and for the bringing of those Members to Trial when the House shall judge it more seasonable and safe, as before exprest.

Uxbridge, June 27, 1647.

"By the Appointment of his Excellency Sir Thomas Fairefax and the Council of War.

"Signed,
Jo. Rushworth, Secr.

"Copia vera, exam'r
per Geo. Pyke."

Letter from the Commissioners with the Army, that the King's Chaplains and others have Access to Him at Hatfield.

"For the special Service of the Parliament.

"For the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers. These.

"May it please your Lordship,

"We had very lately this Afternoon an Information given us, That Doctor Shelden and Doctor Hamond (Two of the King's Chaplains), Mr. Kirke, Mr. Leveston, and Mr. Henry Murray (all of the Bedchamber to the King), were gone to the King at Hatfeild, and had Access to His Person; which we thought ourselves in Duty obliged immediately to know of the General (especially in regard that the Two Chaplains were desired formerly, and the Houses forbear to give any Resolution therein); which we have done, since our Dispatch this Day, by Colonel White and Mr. Povey: And the General tells us, "That it is very true, that the King wrote to him for those Two Chaplains about a Fortnight since; but he never gave Him an Answer, whereat the King was angry; and that he hears they are at Hatfeild, but by no Order of his; and that the Commissioners there, who have Power to restrain their Coming, will not direct Colonel Whalley so to do; and Colonel Whalley, on the other hand, conceives he hath not Power to debar their Access, without the Commissioners Order: And thus, between both, they have Freedom. Wherewith we thought fit to acquaint your Lordship; as also that the General then told us, "That Resolution was taken, to draw back some of the Quarters of the Army as far as Wickham, Beckonsfeild, Okeingham, Marlow, and Henly;" but the Head Quarter will remain here, in Expectation of your further Answer to their Desires sent up this Day by Colonel White and Mr. Povey." Thus we rest,

Uxbridge, 27 June, 1647, 12 at Night.

"My Lord,
Your Lordship's
Faithful and humble Servants,

"C. Nottingham.
P. Wharton."

Order for a Month's Pay for Reduced Officers and Soldiers.

"Upon the humble Petition of the Reduced Officers and Soldiers whose Accompts remain with the Committee for The Military Garden: It is Ordered, by the Lords and Commons assembled in Parliament, That the Treasurers at Christ Church (out of the Monies assigned by former Order for the Payment of the Soldiery, that shall remain after the Payment of a Month's Pay to the said Soldiers according to the said former Orders) do pay unto the Petitioners a Month's Pay, as unto others, upon their Arrears of Pay entered upon the former Lifts remaining with the said Committee of The Military Garden as aforesaid."

"An additional Ordinance concerning Days of Recreation, allowed unto Scholars, Apprentices, and other Servants.

Additional Ordinance for Days of Recreation, in Lieu of Holidays.

"Whereas, by an Ordinance of Parliament, bearing Date the Eleventh Day of this Instant June, 1647, it is Provided and Ordained, That every Second Tuesday, in every Month throughout the Year, shall be allotted, to Scholars, Apprentices, and other Servants, for Recreation, and Relaxation from their constant and ordinary Labours, as formerly they have used to have on Festivals commonly called Holy-days, as by the said Ordinance more at large appeareth: And left such Days of Recreation might be abused, to the Dishonour of God, Scandal to Religion, and Detriment both of Masters and Servants; and for the more orderly Proceeding in the strict Observation of the said Day of Recreation, according to the true Intent and Meaning of the said Ordinance; it is further Ordained, by the said Lords and Commons, That all Windows of Shops, Warehouses, and other Places where Wares or Commodities are usually sold, shall be kept shut, on the said Day of Recreation, from Eight of the Clock in the Morning until Eight of the Clock at Evening on the said Day; and that no Master shall wilfully detain or withhold his Apprentice, or other Servant, within Doors, or from his Recreation, in his usual Duty or Service, on the said Day of Recreation, unless Market-days, Fair-days, or other extraordinary Occasion; yet so as such Master shall allow unto such Apprentice, or other Servant, One other Day instead of such Day employed in the Service of his Master upon such Occasion as aforesaid: And be it likewise Provided and Ordained, That if such Apprentice, or other Servant, shall riotously spend or abuse such Day of Recreation, either to his own Hurt or the Damage of his Master, and being thereof lawfully convicted and found guilty before any One Justice of Peace, it shall and may be lawful for such Master, at his Pleasure, to detain and withhold such Apprentice, or other Servant, from their Recreation on such allowed Days: And be it also Provided and Ordained, That if such Apprentice, or other Servant, shall cause any riotous or tumultuous Assembly, to the Disturbance of the Peace, on such Day of Recreation, such Apprentice, or other Servant, being thereof lawfully convicted and found guilty, upon the Testimony of Two Witnesses upon Oath, before One Justice of the Peace, in any County, City, or Town Corporate, where such Offence shall be committed, or before the Chamberlain of the City of London for the Time being within the said City, who shall have Power to administer such Oath; such Justices of Peace, and the said Chamberlain of the City of London respectively, shall and may, at their Discretion, inslict on such Apprentice, or other Servant, so convicted as aforesaid, any Corporal Punishment, by Imprisonment or otherwise, so as the same Imprisonment exceed not the Space of Three Days: And it is lastly Ordained, That all Mayors, Sheriffs, Bailiffs, Constables, Headboroughs, and all other Officers and Ministers, are hereby authorized to make, or cause to be made, diligent Searches, for such Apprentices, or other Servants, in Taverns, Alehouses, or Gaming-houses; and such Apprentices or other Servants as shall be found in any such Place after Eight of the Clock in the Evening, or being drunk, or otherwise disorderly, or shall there remain after Eight of the Clock in the Evening, on such Day of Recreation, shall bring, or cause to be brought, such Apprentice, or other Servant, before any Justice of the Peace, in any County, City, or Town Corporate, or before the said Chamberlain of London, within their respective Limits aforesaid, who shall cause the Statutes to be executed upon them that are in such Cases provided for the Punishment of such Offenders."

Post Meridiem.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letter from Buller, about the Distress of Scilly.

A Letter of Anthony Buller, to the Earl of Warwicke; shewing, "the great Extremity the Isle of Silly is in; desiring Relief and Help."

To be considered of To-morrow.

Message from the H. C. with Orders; and with Letters to the Commissioners with the King, and to Sir T. Fairfax.

A Message from the House of Commons, by Mr. Reynolds and others; desiring Concurrence in several Particulars:

1. That the Duke of Richmond, Doctor Hamond, and Doctor Selden, be removed from the King, &c.

(Here enter it.)

Agreed to.

2. That the Guards appointed by Sir Thomas Fairefax shall obey the Commissioners attending the King.

(Here enter it.)

Agreed to.

3. A Letter to the Commissioners residing with the King, to be signed by both Speakers.

(Here enter it.)

Agreed to.

4. A Letter to Sir Thomas Fairefax, that the Guards appointed by him be at the Direction of the Commissioners. (Here enter it.)

Agreed to.

Fox versus Porter.

An Affidavit of Colonel John Fox; declaring, "That one Porter refused to obey an Order of this House;"

And the Petition of the said Colonel Fox, exhibited this Day; were read.

And it is Ordered, That the said Robert Porter, and such Tenants or other Occupiers of the Lands belonging to the said Colonel, in Edgebaston, King's Norton, Yardley, and Northfeild, in the Counties of Warwick and Worcester, shall be attached, and brought before the Lords in Parliament, to answer their Contempt; and that such as are possessed of the Premises shall pay the said Rents and Arrearages to the said Colonel, or his Assigns, until the Pleasure of this House be signified; and that the Colonel may bring up such Witnesses as can attest the Contempt.

Letter from the Scots Commissioners.

A Letter from the Scotts Commissioners was read. (Here enter it.)

Enquiry to be made about breaking open their Letters.

Ordered, That the Speaker write a Letter to Sir Tho. Fairefax; requiring him, "That Enquiry may be made, concerning the breaking open the Letters of the Scotts Commissioners, that the said Commissioners may receive Satisfaction; and that the like be not done hereafter."

A Letter was written accordingly; read, and Agreed to. (Here enter it.)

Letter to the Scots Commissioners.

A Letter to be sent to the Scotts Commissioners, in Answer to theirs, touching the breaking open their Letters. (Here enter it.)

Read, and Agreed to.

Message from the H. C. with Votes about the Army.

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

To desire their Lordships Concurrence in Two Votes:

1. That no Officer or Soldier shall leave the Army, after Publication of this Order, without particular Leave of the General. (Here enter it.)

Agreed to.

2. That the Lords and Commons do own this Army as their Army, and will raise Monies to pay them as soon as may be. (Here enter it.)

Agreed to.

Answer returned from the House of Commons:

Answer.

That they will return an Answer, by Messengers of their own, to the Message sent to them this Morning.

Letter to the Commissioners with the King, for excepted Persons not to be admitted to Him.

"My Lords and Gentlemen,

"We are commanded by both Houses to let you know the great Danger of admitting any such Persons to the Presence of the King as are prohibited by your former Instructions; and, for your more positive Direction herein, they have sent you these inclosed Votes, requiring your utmost Care in the speedy and effectual Execution thereof. Thus, having nothing farther in Charge, we remain

Westm'r, this 28th of June, 1647.

"Your affectionate Friends."

Letter to Sir T. Fairefax, on the same subject.

"SIR,

"We are commanded by both Houses to let you know, That Persons disaffected to the Proceedings of Parliament resorting to the King's Presence, in this Conjuncture of Affairs, may retard the speedy Settlement of an happy Peace, and involve the Kingdom in a new War: Therefore you are desired to command the Guards attending the King, that they from Time to Time give their ready Obedience to the Directions of the Commissioners, in the effectual Execution of these inclosed Votes; and of their former Intentions. Thus, not doubting of your chearful Compliance herein, we remain,

Westm'r, this 28 Junii, 1647.

"Sir,
Your affectionate Friends."

D. of Richmond, Dr. Shelden, and others, to be removed from the King.

"Resolved, by the Lords and Commons assembled in Parliament,

"That Directions be given to the Commissioners attending the Person of the King, to remove the Duke of Richmond, Doctor Shelden, and Doctor Hamond, and all other Persons of the like Condition, that ought not to come to the King by their Instructions; and that they do put their Instructions in due Execution, that no Persons that ought not to have Access to His Person may be admitted to come to Him; and that they command the Guards to be obedient unto them, in the effectual Execution of the said Instructions.

"Resolved, &c.

King's Guards to obey the Commissioners.

"That Directions be given to the General, to give Order, that the Guards appointed to attend the Person of the King may from Time to Time obey the Commands of the Commissioners residing with the King, in Pursuance of their Instructions."

Letter to Sir T. Fairfax, to make Enquiry about the Scots Commissioners Packet being broke open.

"SIR,

"The Lords in Parliament have received a Complaint from the Commissioners of the Kingdom of Scotland, that an Express of theirs, sent with Letters to the Committee of Estates in Scotland, was uncivilly used by some Troopers of the Army under your Command, a Copy of which Letter I send you here inclosed; and the Lords desire that (fn. 2) you would endeavour to find out the Persons that have offered this Affront to the Commissioners of the Kingdom of Scotland, that so a Satisfaction may be speedily given unto them: And they recommend it earnestly to your Care, to prevent the like for the future; it being their Desire, that all such Ways that tend to the Breach of that good Correspondency betwixt the Two Nations may be avoided. This is all I have in Command, as

Westm. this 28th of June, 1647.

"Your affectionate Friend."

Letter from the Scots Commissioners, complaining of their Packet being broke open by some of Sir T. Fairfax's Troopers.

"For the Right Honorable the Speaker of the House of Peeres pro Tempore.

"Right Honorable,

"Upon the 22th of this Instant, wee dispatched an Expresse for Scotland, with Letters to the Committee of Estates; and as he was upon his Way, betwixt Huntingdon and Stilton, he was apprehended by Eight or Nyne Troopers of Sir Thomas Fairefaxe's Army, all the Letters he had were broken upp in his Presence, and our Letters to the Committee of Estates, with all such other Letters as gave any Intelligence of Affaires, carryed away to the Generall, as those Troopers affirmed. This wee thought good to make knowne to the Honnorable Houses, that they in their Wisdome may soe provide, as a free Intercourse betweene the Kingdome of Scotland and their Commissioners here may not be interrupted; which being a Matter of soe greate Importance, wee will not doubt of their Care herein. And soe wee rest

Worcester House, the 28th of June, 1647.

"Your Lordship's
Most humble Servaunts,

"Lauderdaill.
Charles Erskine.
Hew Kennedy.
Rob't Barclay."

Letter to them, that Orders are given for Enquiry to be made about it.

"My Lords,

"Upon the Receipt of your Lordships Letter of the 28 Instant, the Lords have dispatched an Express to Sir Thomas Fairefax, giving him an Account of the uncivil Usage of your Messenger; and have required him to use his Endeavours to find out the Persons that have offered this Affront unto your Lordships. They have likewise given him Order, to take Care that all such intercepting of your Expresses or Packets may be prevented for the future. I am farther commanded to assure your Lordships, that they will not be wanting in any Thing that may tend to the preserving of a good Correspondence between the Two Kingdoms. This is all I have in Command at present, as

Westm. 28th of June, 1647.

"Your Lordships
Affectionate Friend to serve you."

No Officers or others to leave the Army without Leave of the General.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,

"That they do declare, That no Officer or Soldier of the Army, from and after the Publication of this Order in the Army, shall leave the Army without the particular Licence and Discharge of the General.

The Army owned by the Houses, and Provision to be made for them.

"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,

"That they do declare, That they do own this Army as their Army, and will make Provision for their Maintenance; and will take Order, that, so soon as Money can be conveniently raised, they shall be paid up equally with those that have left the Army."

Adjourn.

Adjourned till 10 To-morrow.