House of Lords Journal Volume 9: 28 September 1647

DIE Martis, 28 die Septembris.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Mr. Page and Dr. Aylett return with this Answer from the House of Commons:

That they agree to the Letter to be sent to the Queen of Sweden: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.

Message from thence, with Orders and Ordinances; and to re-mind the Lords of the One about Pamphlets.

A Message was brought from the House of Commons, by Mr. Knightly; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Order, That the State of the Matter of Fact of what passed between the Ships of England and Sweden may be delivered to the Swedish Agent, together with the Letter from both Houses to Her Majesty of Sweden.

Agreed to.

2. An Order concerning the Treasurers for maimed Soldiers to pay Money to some Soldiers as were under the Lord Brooke. (Here enter it.)

Agreed to.

3. An Ordinance for One Thousand Pounds to Colonel Thomas Raynsborough.

4. Concerning Commanders of the next Winter's Guard.

Ordered, To be taken into Consideration on Thursday Morning next.

5. To put their Lordships in Mind of an Ordinance against printing of scandalous Books and Pamphlets.

6. Divers Ordinances of Compositions of Delinquents.

The Answer returned was:

Answer.

That their Lordships do agree to the Order concerning the Officers under the Lord Brooke; and do agree that the Matter of Fact passed between the Ships of Sweden and England be delivered to the Swedish Commissioner: To all the rest, they will take them into Consideration, and will send an Answer by Messengers of their own.

Ordinance against publishing scandalous Pamphlets.

Next, the Ordinance against printing of Pamphlets, was read, and Agreed to, with an Alteration; and sent presently to the House of Commons, by Dr. Aylett and Dr. Heath, to desire their Concurrence in the said Alteration.

Boyd to he paid for Wines taken by Capt. Plunket; and he to be released from Suits against him for it.

Upon reading the Report made from the Committee of Indemnity, concerning Mr. Boyd: (Here enter it.) It is thought fit by this House, That Captain Plunkett be released from the Actions brought against him touching this Business; and that Mr. Boyd be paid (fn. 1) and satisfied for his Wines, according to the Report; and that the Concurrence of the House of Commons be desired herein; and that some speedy Course may be taken, for Payment (fn. 2) of the Money to Mr. Boyd.

Report from the Irish Committee.

A Report was made from the Committee at Derby House, for Ireland; which was read, and Ordered to be sent to the House of Commons. (Here enter it.)

Dickenson and Bulloine to be bailed.

Ordered, That the Gentleman Usher shall take Bail of Henry Dickenson and John Bulloine, Inhabitants in Cambridge, to appear before this House at Ten Days Warning when he shall be summoned; and in the mean Time to be released from their present Restraint.

Allen versus Baker.

Upon reading the Petition of Wm. Allen, against Wm. Baker: It is Ordered, That the said Wm. Baker shall have a Copy of this Petition, and return his Answer by this Day Sevennight; and that he shall not embezzle the Ship's Goods and Furniture in the mean Time.

L. Herbert of Cherbury's Attendance excused.

Upon Signification to this House, "That the Lord Herbert of Cherbury is lately come over into England, much impaired in his Health:"

It is Ordered, That his Lordship, in regard of his ill Indisposition of Health, is excused from his Attendance on this House.

Boyd's Petition, to be indemnified for Wines of his, taken by Capt. Plunkett, and carried into Ireland:

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of Thomas Boyde, a Scotts Merchant;

"Shewing,

"That your Petitioner, in the Month of Decem'r, 1644, freighted, at Burdeaux, in France, a Ship called The Thomas, of Elie, in Scotland, to carry Wines from thence to Carrickfergus in Ireland; and that, at Burdeaux aforesaid, your Petitioner laded aboard the said Ship One Hundred Nineteen Tons and Two Hogsheads of French Wine, to be transported to Carrickfergus aforesaid.

"That, in the Ship's Course from Burdeaux towards Carrickfergus, Captain Plunkett surprized and took her, with the Petitioner's said Wines, and carried the same to Kingsale; where, as the said Captain Plunkett pretended, he delivered all the said Wines to the Lord Inchiquin, who disposed of the same for the Use of the State, and Relief of the Protestant Army in Ireland.

"That your Petitioner, upon his Claim made for the said Wines in the High Court of Admiralty, had a Sentence of Restitution for the same; but was remitted to the Lord Inchiquin for Satisfaction.

"That the said Wines, at the Time they were taken, were worth Twenty-two Pounds per Ton, and so approved before the Delegates; so that the whole Value of them did and doth amount to the Sum of Two Thousand Six Hundred Thirty-nine Pounds Sterling, as by the Testimony in that Behalf given doth appear; which hath been detained from him near Three Years, the Interest whereof doth amount till this Time to above the Sum of Five Hundred Pounds. And your Petitioner hath been at great Charges and Expences in attending the Prosecution of a Suit against Captain Plunkett for the said Wines, to the Value of at least Three Hundred Pounds; and at last obtained a Sentence against him, in the Court of Delegates, for the Value of the said Goods: But the said Plunkett (as your Petitioner conceiveth) is unable (or at least unwilling) to pay your Petitioner the Value of the said Wines and other Damages, in regard, as he pretendeth, and as is averred by the Lord Inchiquin, the said Wines were employed for the public Use of the State, and for the Relief of the Protestant Army in Ireland, and that, without those Wines, he had not been able to have preserved the Parliament's Garrisons, and Interests in those Parts; as hath been by him declared to the House of Peers.

"That Captain Plunkett, leaving nothing unattempted to free himself of the Fact aforesaid, hath lately petitioned the Committee of Lords and Commons for Indemnity: But that Honourable Committee, finding your Petitioner's Case so just, have ordered that the Honourable Houses be desired to give Order, that your Petitioner and other the Owners of the said Wines may speedily receive just Payment and Satisfaction for the same, as by a Copy of the Report of the said Committee in that Behalf, hereunto annexed, may appear.

"The Premises considered, and for that the Money which bought the said Wines was all your Petitioner's Stock, by the Want whereof he hath been exceedingly damnified in his Credit and otherwise, he having at that very Time contracted for sundry Commodities of Value, which he was forced to give over, and so hath ever since been out of Trade; and forasmuch as your Petitioner hath been constrained, for the last Three Years, to take up Money upon Credit from his Friends, to follow this Business here; which now his Friends seeing to take no Effect, they threaten him daily with Arrests and Imprisonment, for Nonpayment of their Debts; which if the same should be charged upon him, he would thereby be utterly ruined and undone.

"His most humble Suit therefore is, That the High and Honourable Court of Parliament will be pleased to give Order for present Satisfaction to be made unto your Petitioner, of the Money, Interest, and Charges, due unto your Petitioner for the said Wines, according to the Purport and true Intent of the Report of the said Committee for Indemnity, that so he may be enabled to redeem his Credit and Reputation, which hath long lain at Stake in respect of the Premises.

"And he shall pray, &c."

Report from the Committee se Indemnity, conceraing it.

"At the Committee of Lords and Commons for Indemnity.

"In the Matter where Captain Thomas Plunkett did, by his humble Petition, exhibit to this Committee, complain against Thomas Boyd, for arresting and declaring against him, first in The Compter, and then again in the King's Bench, upon pretended Trover and Conversion, touching Wines by him the said Plunkett seized and surprized upon the High Sea, in a Ship called The Thomas of Ely, there taken by him, by virtue of a Commission under the Seal of the Court of Admiralty, according to the Ordinance of Parliament, of the 30th of November, 1643, for the enabling all Persons approved of by Parliament to set forth Ships, in Warlike Manner, for the Guarding of the Seas, and Defence of His Majesty's Dominions:

Upon Opening and Debating of the whole Business this Day, in the Presence of the said Parties, and their Counsel on both Sides, and Consideration of the said Ordinance of Parliament, a Copy whereof is hereunto annexed, the true State of the Matter appeared to be this:

"That the said Captain Thomas Plunkett having procured an Approbation, or Warrant, from the Lord High Admiral of England, and taken out a Commission under Seal of the said Court of Admiralty, according to the said Ordinance, for the setting forth, in Warlike Manner, of the Ship called The Discovery, whereof himself was Captain, did equip, arm, provide, and set forth to Sea, the said Ship The Discovery, with the same to seize and take such Ships and Vessels, with the Ordnance, Victuals, Goods, &c. therein, that they should meet withal, In or Outwards bound, from any Port or Place, within any of of His Majesty's Dominions being in Hostility against the King and Parliament, or coming from or returing to any such Port or Place, or that should be found to have traded with the Inhabitants of any such Port or Place since their Defection, and also for surprizing the rest designed in the said Ordinance; and, being in the said Ship The Discovery, and having aboard the said Commission, according to the said Ordinance, did, upon the High Sea, near unto Cape Cleere, on the Irish Coast, meet with the said Ship the said Thomas of Ely, and hailed her, and boarded her, and visited her; and, finding that she had late before been and came from Crooke Haven, in Ireland, then in Possession of the Irish Rebels, and had had some small Barter there with them, the said Captain Plunkett did thereupon, upon the High Sea aforesaid, surprize and take the said Ship, and all the Goods and Wines in her, in Pursuance of his said Commission, by virtue of the said Ordinance of Parliament; intending to have brought them up to the Port of London, to have received Judgement in the Court of Admiralty, as the said Ordinance directs: But, coming along by Kinsale, in Ireland, where the Lord Inchiquin then commanded in Chief under the Parliament, he the said Lord Inchiquin, being in great Distress for Want of Relief, did, for Preservation of himself and the Parliament's Forces there, and the better enabling them to hold the said Place of Kinsale against the Rebels, by Advice of his Council of War, seize upon the Wines in the said Ship The Thomas of Ely, and took them out of the said Ship, and made Use thereof in that Case of Extremity, and gave a Certificate and Testimony under his Hand thereof, "That he had taken the said Wines for the Service of the State." Whereupon the said Plunkett, perceiving the said Wines taken from him in Manner aforesaid, received the said Certificate, and acquainted the said Court of Admiralty with the Case; and, bringing the Matter there to Judgement, he the said Thomas Boyd appeared with others, and put in their Claims to the said Ship and Wines, and made their Proofs for the quitting themselves from adhering to, or trading with, the said Irish Rebels; and that they were originally bound for Carrickfergus, and were only by Storm or Tempest driven into Crooke Haven aforesaid; and such other Matters as they thought necessary for their Desence: Whereupon, the Cause coming to Judgement (fn. 3) in the said Court of Admiralty, and the Ordinance of Parliament and Commission being exhibited, and the Lord Inchiquin's said Certificate shewed, and Captain Plunkett's Proofs heard; the Judge of the said Court of Admiralty, upon full Debate of the whole Matter, gave his Sentence, or Final Decree, thereby pronouncing, in these Words; videlicet;

"That, by the Proofs before him (the said Judge), it appeareth, That the said Captain Plunkett had just Cause to take and surprize the said Ship and Goods, and that there might be Cause for him to bring the same to Trial; and that the Ship herself is restored already to the said Todd the Master of her; and that the Lord Inchiquin, after the Arrival of the said Ship at Kinsale, in Ireland, took the Wine out of her, for the Service of the State: And thereupon the Judge did order, That the Wines taken in the said Ship shall be restored to the said Todd, the Master of her, to the Use of the Owners thereof, in Specie, if they be extant; or else that Satisfaction shall be made for the Value thereof, by the Lord Inchiquin or his Assigns.

"From which Sentence or Judgement of the said Court of Admiralty, the said Boyde, and one Andrew Mac Alexander and others, appealed to the Delegates; and there obtained Sentence, "That the said Captain Tho. Plunkett should restore to the said Andrewe Mac Alexander and Thomas Boyd the said Wines, being One Hundred Nineteen Tuns and a Half, laden at Bourdeaux (if they were extant), or else the true Value thereof, deducting Leakage." And against the Sentence of the said Delegates the said Captain Plunkett put in his Petition into the Right Honourable the House of Peers; and humbly prayed the same, as erroneous, to be reversed; and assigned several Causes of Error in the said Sentence: During the Dependency whereof in the Lords House, and before the same was there determined, the said Thomas Boyd arrested the said Captain Plunkett in The Compter, upon an Action of Trover and Conversion; and first there, and since in the King's Bench whither the said Action was removed by Habeas Corpus, declared against him, upon a meer Fiction, and pretended Surmise that he the said Boyde was possessed of the said Wines in London, and lost them out of his Possession, and that they came there to Plunkett's Hands by Way of Trover, and that he converted them to his own Use; whereas, in Truth, there never were any Wines or Goods of the said Boyd's in London which at any Time came to Plunkett's Hands; but the said Actions of Trover were brought by the said Boyd against him for those very Wines taken by him in said Ship The Thomas of Ely, upon the High Sea, by virtue of his said Commission, in Pursuance of the said Ordinance, and after taken out of the said Ship at Kinsale, by the Lord Inchiquin, for the Service of the State as aforesaid; which he the said Boyd confessing to be true, and that the said Actions of Trover were for no other Matter, the said Plunkett humbly prayed the Order of this Committee for his Discharge and Acquittal, with Damages, according to the said Ordinance for Indemnity: But this Committee, in regard of the Intermixture of State that fell out in this Business, thought fit, and so ordered, "That the whole Case should be reported to both Houses of Parliament; with this, That it was the Opinion of this Committee, That, in regard the said Lord Inchiquin had as aforesaid taken the said Wines, and made Use of the same for the Service of the State, for Relief of his Soldiers, and Preservation of those Parts of Ireland in a Time of Extremity, that therefore Payment and Satisfaction for the said One Hundred Nineteen Tuns and a Half of Wines, so made Use of, was to be made by the State;" and that the said Honourable Houses should be desired to give Order, That the said Boyd and other the Owners of the said Wines might speedily receive just Payment and Satisfaction for the same: And as touching the Discharge and Acquittal of the said Captain Plunkett from all further Vexation and Trouble touching the said Wines, that it be likewise represented to the said Honourable Houses, to give such Order therein as they should hold meet.

"Signed,

"Tho. Plunkett.
Tho. Boyde.

"This is a true Copy of the Original, remaining in my Custody.

"Ste. Kirke, Clerk to the said Committee for Indemnity."

Report from the Irish Committee, concerning an Allowance for Col. Jones;

"Die Lunæ, 27 Septembris, 1647.

"At a Committee of Lords and Commons for the Affairs of Ireland.

"Ordered, That it be reported to both Houses, That there (fn. 4) hath been yet no Allowance appointed for Colonel Jones, as Commander in Chief of the Forces in Lemster; and to desire the Houses, that there may be some Allowance appointed for him in that Quality; and that he may also have some Monies appointed him for Intelligence, there being none yet designed for that Service.

for 2000 l. per Ann. to be settled for the Martial and Civil List of Ireland;

"That it be also reported to both Houses, That, by the Treaty with the Lord of Ormond, it is agreed that Two Thousand Pounds per Annum should be paid in Pension, among such of the Martial or Civil List as should be laid by, to continue till the End of the War, for which there hath been yet no Provision made; to desire the Houses that it may be settled, and put into a Way for the Payment thereof according to the Treaty.

for Gen. Birn to be sent for;

"That it be reported to both Houses, That Lieutenant General Birne, who was taken Prisoner at the late Defeat given to General Preston, and being a very dangerous Rebel, may be sent over in safe Custody to the Parliament.

and for Annessey to have a Company.

"That it be also reported to the Houses, That Francis Annesly may be Captain of the Foot Company, now commanded by Captain John Annesley, in the Regiment of Colonel Conway; which Company the said Captain is willing to part with unto the said Francis Annesley.

"Gualter Frost, Secretary."

Order for Money for Persons who served the Forces under the late L. Brooke.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Pococke, Mr. Greenhill, and the rest of the Treasurers for maimed Soldiers, or any Two of them, be appointed to receive the Monies appointed to be paid to the Gun-makers, Sadlers, Money-lenders, Officers, and other Persons, who performed Service, suffered Loss, or trusted the State, in the Expedition under the late Lord Brooke, from the Treasurers at Gouldsmiths Hall; and that the Acquittance of the said Treasurers for maimed Soldiers, or any Two of them, shall be a good Discharge to the said Treasurers at Goldsmiths Hall, for the Payment of the said Monies to them accordingly: And it is further Ordered, That the said Treasurers for maimed Soldiers, or any Two of them, do issue the Monies so to be received by them unto the respective Persons to whom the same is due and payable according to their several Proportions and Shares therein."

Letter to the Queen of Sweden, congratulating Her on the Peace with Denmark; and thanking Her for Her Offers of Mediation between the King and the Houses.

"Most High and Mighty Queen,

"Your Majesty's Letters from Stockholme, of the 28th of November last, have been presented unto us, by Your Majesty's Agent Mr. Movat, containing Notice of the Reception of our former Letters of the 1 May, by Colonel Portley; and also declaring the Treaty of Peace then in Agitation, but since concluded and settled, between Your Majesty and the King of Denmarke, through the Interposition and Mediation of the French King and the Queen Regent His Mother, and of The Lords States Generall of The United Provinces by their Ambassadors, sent for that Purpose; the settling of which Peace to Your Majesty's Consent we congratulate unto, both for the general Desireableness of Peace itself, where it can be had with Honour and Safety, as also for that it leaves Your Majesty at greater Liberty to pursue and prosecute the Heroical Designs of Your Most Royal Father, of Glorious Memory, for asserting the Liberty of Germany from Oppression and Tyranny, and maintaining the Protestant Cause against the Enemies of it, and for the restoring of those Princes who have been dispoiled of their Estates for their constant Adhering thereto, and amongst them more especially the Illustrious Prince Elector Palatine, in whom these Kingdoms are so much interessed and concerned, and for whom we again renew our former Desires to Your Majesty, in our Letters of the 1 of May, 1645: And whereas, in our former Letters, we shewed our great Desire to embrace and effect that more strict Alliance and Consederacy offered in Your Majesty's Propositions sent by Mr. Movatt, for the Ends in the said Propositions expressed; and, for the more expeditious Dispatch, and finishing the same, we offered the Ways therein mentioned, and repeated in Your Majesty's Letters; to which Your Majesty's Answer (fn. 5) was, That when You should be informed that the Treaty then on-foot between the King and the Parliaments of both Kingdoms was brought to an happy Conclusion, that thereby Your Majesty might more certainly instruct Your Commissioners, You would have a Care of the Time and Opportunities to prosecute and advance that more strict Confederacy and Friendship between Your Majesty and these Kingdoms, for the common Good of both. We are very sorry that our Affairs are not yet come to that Condition, that we may give Your Majesty an Account of such a Composure; for although, through the Goodness of God, giving very great Success (fn. 5) to our Forces, there hath not been an Enemy in the Field against the Parliament of England for a long Time, nor any City, Town, or Garrison, held against them; and, by the same good Providence, the Irish Rebels and their Adherents, that were in Arms against the Parliament of Scotland, are now also fully reduced: And that, at the Time mentioned by Your Majesty, there were Propositions sent from both Kingdoms to the King, containing what they judged necessary for the Security of the Kingdoms, and to be the Foundation of a safe and well-grounded Peace; yet His Majesty was then pleased (fn. 5) not to condescend to the said Propositions. And having now again, the 7th of this Instant September, sent Propositions to the King; He, by His Answer, the Ninth of the same, hath not given His Consent thereto: But, when the Peace of these Kingdoms shall be settled, which we hope in a short Time may be effected, and for obtaining of which we shall improve our utmost Endeavours, we shall, with all real and ready Affections, so embrace the Consederacy and Union offered by Your Majesty, as may be for the Good of the common Cause, and of the respective Kingdoms, and the Freedom of their Commerce.

And whereas Your Majesty hath offered Your Interposition and Mediation between the King and us, in case we should judge it may bring forth any good Fruit for the Profit of both; like Mediation and Interposition having been formerly offered by the French King, and The States Generall of The United Provinces, although the same for divers Reasons could not be accepted by us: We do, with all respectful Gratitude, acknowledge the great and good Affection Your Majesty hath expressed towards the good Peace and Happiness of these His Majesty's Dominions, and of the Parliaments, as that which proceeds from Your Religious and most Christian Desire to advance that happy Peace amongst us, which may have a great Influence into the future Good or Evil of all prosessing the Protestant Religion; and now desire Your Majesty to believe, that there is nothing more in our Desires, nor shall be in our Endeavours, than the obtaining of a safe and well-grounded Peace, as wherein the Interest of the King and Kingdoms is most of all concerned.

We also desire Your Majesty, not to impute the Delay of this Answer to Your Majesty's Letters (which we have received with all Gratitude and Respect) to any Want of Sense of Your Majesty's Royal Affection to the Good of these Kingdoms, nor to arise from Want of Diligence in Your Majesty's faithful Servant Mr. Movat, who, for divers Months past, hath solicited his Dispatch with much Diligence and Instance; but only from the Difficulty and Implication of Affairs under which we have been exercised by the good Pleasure and Providence of God.

"The same God (fn. 6) and preserve Your Majesty in Health and Safety.

"Signed by both Speakers."

Adjourn.

Adjourned till 10^a, Thursday Morning next.