House of Lords Journal Volume 10: 5 June 1648

DIE Lunæ, 5 die Junii.

PRAYERS, by Mr. Taylor.

Domini præsentes fuerunt:

Letter from L. Fairfax.

A Letter from the General, from Rochester, dated the 4th of June, also some Papers inclosed, were read; being a Discovery of the Depth of the Business.

(Here enter them.)

Ordered, That this Letter and Papers be forthwith printed and published.

L. Goring's Pass revoked

Ordered, That the Pass formerly given to the Lord Goringe, to go beyond the Seas, dated the 10th May Instant, is hereby revoked and made null.

The Earl of Mulgrave reported a Paper from the Committee at Derby House; which was read, as followeth:

L. Capel sent for.

"Die Solis, 4Junii, 1648.

"Ordered, That it be reported to the House of Peers, as the Opinion of this Committee, That the Lord Capell should be sent for, to come to Town."

Ordered, That the Lord Capell have speedy Notice to come forthwith to Town, and attend the further Pleasure of this House.

Pardon for the Prisoners on the Oxford Circuit.

A general Pardon for Prisoners in the Circuit of the Counties of Berks, Oxon, (fn. 1) &c. was read, and passed; and ordered to be sent to the House of Commons for their Concurrence.

Message to the H. C. about it;-with the E. of Argyle's Ordinance;-and about the E. of Rutland's Business concerning Belvoircastle.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonhead:

1. To deliver to them the Ordinance concerning the Earl of Argyle, and desire their Concurrence therein.

2. To deliver to them the general Pardon for the Prisoners in the County of Berks, Oxon, &c. and desire their Concurrence therein.

3. To put them in Mind of the Earl of Rutland's Business.

P. Philip, a Pass.

Ordered, That Prince Phillip shall have a Pass, to go beyond the Seas, with his Retinue.

Message from the H. C. with an Ordinance, and a Vote.

A Message was brought from the House of Commons, by Mr. Lyster; who brought up Two Ordinances, wherein they desire their Lordships Concurrence:

1. An Ordinance for raising of a Troop of Horse, for the Defence of the County of Lyncolne.

(Here enter it.)

Agreed to.

2. A Vote that the Fifth and Twentieth Part be levied upon none but such Delinquents as are within the Ordinance of Sequestrations.

Agreed to, and ordered to be printed and published.

The Answer was:

Answer.

That this House agrees (fn. 1) to the Ordinance and Vote now brought up.

Roper and Wiseman.

Ordered, That the Cause between Roper and Wiseman shall be heard, at this Bar, by Counsel on both Sides, the 12th Instant.

Report of the Meeting about the City Forces between the Committees and Common Council, who desired the Releasement of the Aldermen, &c.

The Earl of Denbigh reported, "That he with the Committee of the House of Commons were on Saturday last with the Lord Mayor, Aldermen, and Common Council, about knowing what Forces they were able to prepare, for the securing of the Parliament and the City, upon the Lord Goring drawing Forces on Blackeheath: And they gave this Answer, "That they would send to the Militia about it;" and withal it was the Desire of the Common Council, that those Aldermen that are committed in The Tower may be released, because it will be a Means for the better raising of Forces, for the securing of the Parliament and City."

Also reported a Paper from the Common Council; which was read. (Here enter it.)

Impeached Lords to be released, if no Charge be brought against them.

Ordered, That a Message be sent to the House of Commons, to let them know, that if they do not prosecute the Charges against the Seven Lords by Wednesday next, then this House will discharge them.

Message from the H. C. to sit a while.

A Message was brought from the House of Commons, by Sir Martin Lumly:

To desire their Lordships would please to sit a while.

The Answer returned was:

Answer.

That this House will sit a while, as is desired.

Message to the H. C. that the impeached Lords will be released, if they don't prosecute their Charge against them.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade:

To let them know, that if the House of Commons shall not prosecute their Impeachments against Theophilus Earl of Lyncolne, James Earl of Suff. James Earl of Midd. George Lord Berkeley, Francis Lord Willoughby, John Lord Hunsden, and Wm. Lord Maynard, between this and Wednesday next, then this House will discharge the said Lords, and every of them, of the said Impeachments.

Message from thence, to sit P. M.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight; who said, "He was commanded to desire their Lordships, that they would please to sit this Afternoon, about some important Business."

The Answer returned:

Answer.

That this House will sit this Afternoon, at Three of the Clock.

Letter of Thanks to L. Fairfax.

Ordered, That a Letter be written to the General, to give him Thanks for his managing the Business in Kent, with so much Pains and Hazard of his Person.

Cresset to be instituted to Cond.

Ordered, That Doctor Heath do give Institution and Induction to James Cressett Master of Arts, to the Rectory or Parish Church of Cond, in the County of Salop, void by the Death of Richard Wood, the last Incumbent; Edward Pitt, Patron, presenting him thereunto.

Ordinance to raise a Troop of Horse in Lincolnshire, for Defence of the County.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That, for the better Security and Safety of the County of Lincolne, the Commissioners named for that County, in the Ordinance for the Assessment of the Sixty Thousand Pounds per Mensem, for Pay of the Army under the Command of Thomas Lord Fairefax, or any Five or more of them, shall and have hereby Power and Authority to raise, levy, and arm, One Troop of Horse, to consist of One Hundred besides Officers (who are to be nominated and commissioned by any Five or more of the said Commissioners under their Hands and Seals); which Troop, being so raised, to be exercised, led, conducted, and employed, at the Direction of any Five of the Commissioners aforesaid, for the Suppression of all Rebellions, Tumults, Riots, and Insurrections, that shall or may happen within the County aforesaid: And for the Maintenance of the said Troop, it is hereby further Ordained, by the said Lords and Commons, That the said Commissioners, or any Five or more of them, shall have Power, and are hereby authorized and required, to lay an equal Tax or Assessment upon the said County, not exceeding the Sum of Five Hundred Pounds per Mensem, and to nominate and appoint Assessors, Collectors, and Treasurers of the said Monies, and to grant Warrant or Warrants under their Hands and Seals in Writing, to any Constable or other Officer whatsoever, to levy the said Sum and Sums, so to be assessed or taxed as abovesaid, upon all such Persons, upon whom any Sum shall be so assessed and taxed as abovesaid, that do refuse or neglect to pay the same, by Way of Distress and Sale of the Goods of the Person or Persons so refusing or neglecting; and all Sheriffs, Justices of Peace, Mayors, Bailiffs, Constables, and other Officers, are required to be aiding and assisting herein; for which, the said Commissioners and all and every the said Person and Persons shall be saved and kept harmless and indemnified, by the Authority of Parliament: Provided, That this Ordinance shall continue for the Space of Six Months, and no longer: Provided, That no Person that hath been in Arms against the Parliament, or aiding, assisting, or abetting the Enemies thereof, shall be inlisted or entertained as Officer or Soldier in this Troop."

Fifth and Twentieth Part to be levied only on Delinquents.

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

"That the Fifth and Twentieth Part be levied upon none but such Delinquents as are within the Ordinances of Sequestrations.

London Militia Committee, to raise what Forces they can.

"Commune Concilium, tent. tertio Die Junii, 1648.

"Upon Information given to this Court, by a Committee of both Houses of Parliament, That the Parliament and City may be in great Danger, by the Approach of an Enemy, now being upon or near Blackeheath, led by the Lord Goreing: It is therefore the Desire of this Court, That the Committee for the Militia of London shall speedily raise what Forces they can, for the Defence and Safety of the Parliament and City.

"Michel."

Letter from L. Fairfax, with a further Account of his Victory over the Kentish Forces at Maidstone.

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

"My Lord,

"I shall, according to my last, give your Lordship this further Account of our Success at Maidstone. Upon Thursday in the Evening, about Seven of the Clock, after very long Marches, we got near the Town; and a Troop of Dragoons was sent to make good a Pass, whilst the Town was viewing at what Place our Men might best enter; it being resolved upon to force our Passage in case of Resistance, the gaining of that Town over the River being of great Advantage to our Affairs: But, before there could be a View taken of the Town, the Dragoons had engaged the Enemy, and forced them from that Ground which they kept; the Dragoons, being very forward to engage, pursued; and so the Enemy drew forth a considerable Party of Horse and Foot to maintain a Pass against us, which necessitated the drawing down of the greatest Part of the Foot, with some Horse: And though that Part of the Town was of the greatest Difficulty to enter, yet, through the Goodness of God, our Men made their Entrance, and became Masters of the Town, after Four or Five Hours hot Service, the Town being very strongly barricadoed; and, through the Darkness of the Night, and our Ignorance of the Town, they disputed the Barricadoes and Places of Advantage with our Men, playing hard with their Cannon upon them; in which Service, both Horse and Foot did exceeding well; and particularly I cannot but take Notice of the Valour and Resolution of Colonel Hewson, whose Regiment had the hardest Task, Major Carter his Major being hurt, and Captain Price a deserving and faithful Officer slain. The best of their Men were there, whereof many were Cavaliers and London Apprentices. They looked upon the Consequence of that Place to be very great, and therefore did resolve to make what Resistance they could; the old Lord Goreing being that Day proclaimed General; at the Head of their Army, upon the Hill near Aylesford, where we saw their Body drawn up, which, as their Prisoners since do confess, and they themselves gave out, consisted of Eight Thousand, besides those in Maideston and Aylesford, in both which Places there were about Three Thousand Men, those of Aylesford coming as a fresh Supply to relieve those engaged in Maydeston. There were near Three Hundred slain, and about Thirteen Hundred Prisoners; many of them being taken, next Morning early, in the Woods, Hop-Yards, and Fields, whither they fled in the Time of the Fight; amongst which were Gentlemen of good Quality, Sir Gamaliell Dudley, Sir William Brockman, Squire Scott, Major Price, and others; a List whereof is preparing to be sent. There were about Five Hundred Horse, Three Thousand Arms, Nine Foot Colours, and Eight Pieces of Cannon, with Store of Ammunition also, taken in the First Charge which our Forlorn Hope gave the Enemy's Horse, wherein our Horse carried themselves very gallantly (as I since hear). Sir John Many and divers others of Quality were slain. After it pleased God to give us this great Mercy in the gaining the Town, their Men received so great Discouragement, that the greatest Part of their Army left them and were dispersed, and a great Number of Officers and Gentlemen since fled to shift for themselves. Their Word at the Engagement was, "King and Kent." Ours, "Truth." Having thus possessed ourselves of the Passes at Maidston and Aylesford; the Enemy being much confused with our Success, and their own Men deserting them, they at last marched over Rochester Bridge, towards Blackheath, with about Three Thousand Horse and Foot, most of which were Cavaliers, Apprentices, and Watermen. Our Men not being able to make so speedy a March after them as was necessary, I sent Colonel Whalley, with a Party of Horse and Dragoons, after them; upon whose Approach, they have left Kent, and are fled over the Water into Essex, by Woolwich and Greenwich. Colonel Whalley is in Pursuit; and I doubt not but he will give a good Account of that Service.

"I have sent Colonel Rich, with a Party of Horse and Foot, to relieve Dover, where I trust we shall find the same Presence of God as hitherto hath been. My Prayer to the Lord is, That this great Mercy may be further improved, to His Glory and this Kingdom's Good. I thought fit to present unto your Lordships these Papers inclosed, taken from the Enemy, whereby you will receive the Depth of their Plot, and their Engagements to pursue what they have undertaken. I remain

Rochester, 4Junii, 1648.

"Your Lordship's

"Humble Servant,

"T. Fairefax.

"I have secured the Mayor of Rochester, whose Hand is to the Commissions granted for raising of Forces."

Papers taken from the Kentish Men, on their Defeat.

"Commander in Chief.

"To be divided into Brigades, Regiments, and Companies; and to have necessary Commanders and Officers over them.

"All other Officers; Quarter-master, Scout-master, Muster-master, Engineer, &c.

"Pioneers, and their Commanders; and necessary Provisions of Shovels, Spades, Mattocks, Wheelbarrows, Edge-tools, &c. to make Defences against Horse; and Breast-works for Musketeers, &c.

"Quere, Drakes and Field Pieces.

"To fortify the Block-house at Gravesend.

"And what Course shall be taken, that we may be supplied out of Essex when Need is.

"And to endeavour Supplies out of Sussex.

"Quere, Whether not necessary to fortify Rochester, with a Line and Forts.

"To take away all Arms from the adverse Party; and to secure the Persons of such as are most powerful and dangerous.

"If the Enemy be stronger than we, then to take Course for Retreat beyond Midway.

"To fortify Bridges, and which; to break down those Bridges which are not fit to be fortified, and to stop up the Fords.

"Quere, Whether fortify Tunbridge Castle, and the Bridge there.

"A select Council of War, not of very many, to avoid Confusion in Debates, and to prevent Discovery of Secrets.

"Another Council or Committee, to hear and dispatch ordinary Things, that the Council of War be not troubled with overmuch Business.

"Quere, How to order all Affairs when we go up with our Petition; and to secure Maidstone, &c. when we are gone.

"To take special Order for Intelligence.

"To appoint an Officer, or Commissary, to deliver out Arms, who must not deliver till he is well informed to whom; and to take Notice of their Names.

"The Trained Bands of Maidstone have lent to Auxiliaries Eighty Arms; who desire to have them again, and that the Auxiliaries be otherwise furnished.

"To appoint Colonels, Captains, and Officers, over all the Trained Bands; and to consider touching Voluntiers and Auxiliaries."

"Rochester, 30th May, 1648.

We oblige ourselves, by the Faith of Christians, and the Honour of Gentlemen, not to discover or betray any Debates or Conclusions concluded or resolved upon by the Subscribers hereof; and further, faithfully and resolutely to deliver our Judgements, and endeavour in effectuating of these Results:

"1. There is no Credit to be given to Words or Promises; but to the real Performances of your Desires, and that speedily.

"2. You cannot imagine that your County shall be free from their Power, and other Counties subject to the same.

"3. Treaties and Promises are to the End only for you to surcease the Prosecution of your Affairs, until they can make ready a Power to suppress you.

"4. You can have no better Security than their Votes; and all Men know they change them daily: And the Slaughter of the Surrey Men, and the Justification thereof by a Vote of theirs, and the Hanging of Captain Burley, doth evidently shew what is to be expected by any who oppose them. Nothing can secure you, but the restoring of the King and the Laws.

"5. Their Power at this present is employed in the suppressing of other Counties, who have the same Ends with you; and their Army, for the main Part thereof, is divided into several remote Parts, as Wales, Cornwall, the North, Suffolke, &c. so that you can never have so opportune Time to effect your Desires; and therefore to lose this Time is to lose your Business, and to be destroyed.

"6. A Letter to be sent to the Londoners, for their Concurrence, and to permit them an Admission through the City, as they had unto Essex and Surrey; in which Letter, recite all the Indignities the Houses and the Army have put upon the City from Time to Time; as, the changing of their Militia, taking from them The Tower, and leaving it now empty, the Slaughter of their Apprentices, their imprisoning of their Mayor and Aldermen, the Demolition of their Works, the Rejection of their Remonstrance, their triumphant Marching through their City, their Distrusting of the City to guard the Houses, making of Ordinances to take away their Votes in the Choosing of City Officers, and their late Ordinance for the Militia to the City, left at the Pleasure of the City to revoke when they will.

"Things are brought to that Pass, that the Treasure of the Kingdom is exported, none brought in, Trade utterly decayed, Dearth increaseth, a Foreign Nation will come in, unless some other speedy Way be taken for the speedy restoring of the King, which this City, by concurring with their Neighbours, at this Time may do; otherwise, all the Miseries that shall ensue must be imputed to them.

"This Letter will be of no Effect, unless One of these Two Courses be taken, either to have it delivered and read in a Common Hall where all the Citizens are assembled, or, if that cannot be, to have it printed and dispersed through the City; and the Letter must be directed, "To the Lord Mayor and Commonalty of the City of London."

"Send to the Prince, for Commissions for a Commander in Chief and some other Officers; and have a Standing Council composed of Four Persons of every of the associated Counties, a Standing Army, a Commander in Chief, Assessments upon the Country to maintain them, and therein a Sparing of the Common People what possibly may be."

"Rochester, May 29th, 1648.

"Ordered, That Sir Wm. Compton Knight take the Command of a Regiment of Horse, consisting of Five Hundred, as Colonel of the said Regiment.

"Given under our Hands, the Day and Year abovesaid.

"R. of Trews.
"Fra. Clerke.
"Jo'n Darell.
Phill. Maude Mayor.
"Edw. Hales.
James Darell.
Geo. Newman."

"31 May, 1648.

"Jo'n Maplisden."

"To all Colonels and Captains of Courts of Guard, and others whom it may concern.

"These are to desire you to permit and suffer the Bearer hereof, Mr. John Lambe, quietly to pass to Rochester, and from thence to London, with his Horse and Man; and from thence to return again, without any Molestation.

"Given under our Hands, at Maidstone, this 31th of May, 1648.

"Tho. Stanley.

"Jo'n Best. Amb. Beale."

Farmer and Darker's Administrator.

Upon reading the Petition of John Farmer, and the Report of the Earl of Newport and the Judges this Day in the House:

It is Ordered, That the Administrator of Darker, in the Petition mentioned, do shew Cause on Wednesday Sevennight, why the Judgements obtained in the King's Bench against the Petitioner Su (fn. 2) should not be vacated, according to the said Report; and that the Parties herein concerned are to have speedy Notice of this Order.

Adjourn.

House adjourned till 3^a post Meridiem.

Post Meridiem.

PRAYERS, by Mr. Ward.

Domini præsentes fuerunt:

Letter to L. Fairfax.

A Letter, prepared to be sent to the General, was read, and Agreed to. (Here enter it.)

Message from the H. C. with an Act of Indemnity for the Essex Men; and with a Vote.

A Message was brought from the House of Commons, by Sir Harbotle Grimston Baronet; who brought up these Particulars following, wherein their Lordships Concurrence is desired:

1. An Act of Indemnity to those Persons that have taken up Arms in Essex. (Here enter it.)

Agreed to.

2. A Vote for referring it to the Committee at Derby House, to dispose of the Horses, Arms, and Ammunition, taken in Kent. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Particulars now brought up.

The additional Ordinance for the Five Thousand Pounds for Ireland, was read, and Agreed to, and ordered to be printed and published. (Here enter it.)

Message from the H. C. to declare L. Goring a Traitor.

A Message was brought from the House of Commons, by John Lyle Esquire; who brought up a Declaration to declare George Lord Goreing a Traitor, for taking up Arms in Kent and Essex.

Agreed to, with an Alteration.

The Answer returned was:

Answer.

That this House will take their Message into Consideration, and send an Answer by Messengers of their own.

Answer from the H. C.

Doctor Heath and Mr. Eltonhead return with this Answer from the House of Commons:

That they agree to the Ordinance concerning the Marquis of Argyle, and to the general Pardon for the Prisoners in the Counties of Berks and Oxon, &c.

Message to them, about declaring L. Goring a Traitor.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonhead:

To desire their Concurrence in the Alteration in the Vote for declaring the Lord Goreing a Traitor.

Letter of Thanks to L. Fairfax, for his Conduct in Kent.

"My Lord,

"I am commanded, by the Lords in Parliament, to make these their Acknowledgements unto you: That, as your former Faithfulness and gallant Services have merited much from the Parliament and whole Kingdom, so they take Notice of your great Diligence and Hazard, in this late Suppression of those who tumultuously had gathered themselves together in Disobedience to the Commands of Parliament, and, by an open Force, made Resistance to those Forces under your Command. They bless God for that great and happy Success which He hath given you; and they return their Thanks to your Excellency, whom they look upon as the chief Instrument in this great Victory; and they desire you to be confident, that they will not be wanting, upon any Occasion, to express those Respects to you as may give you an Assurance of the Value and Esteem they have of you. This is that I have in Command, as

"Your Excellency's

"Humble Servant."

Act of Indemnity for those who took up Arms in Essex.

"The Lords and Commons now assembled in Parliament do ordain and declare, That all or any Person or Persons whatsoever, inhabiting within the County of Essex, who have acted or done, or commanded to be acted or done, any Act or Thing whatsoever, touching or concerning the raising of Arms in that County only, since the Petition lately presented by the said Inhabitants to both Houses of Parliament, shall and are hereby fully acquitted and discharged, for or concerning the same: Provided always, That this shall not extend to indemnify any but such Person or Persons only who shall disband, and depart quietly to their own Habitations or Places of Abode, within Twelve Hours after Publication hereof at Chelmesford, in the County aforesaid: Provided also, That Sir William Massam, a Member of the House of Commons, and the rest of the Committee of the said County, be first restored to their Liberty."

Horses, &c. taken in Kent, to be disposed of.

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of Derby House, to dispose of the Horses and Arms taken in Kent, or elsewhere, by Countrymen and others, for the Service of the State; giving Satisfaction to those that assisted in the taking of the said Horses and Arms."

Pardon for Prisoners on the Oxford Circuit.

"The Lords and Commons assembled in Parliament do agree to the Pardon of divers Prisoners, that are reprieved at Oxon and other Places in that Circuit, contained in that Pardon."

L. Goring declared a Traitor.

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

(fn. 3) Passed H. C. this Day.

"That they do declare, That the Acts done by George Lord Goreing, in taking up Arms in Kent and Essex, is a levying of War against the Parliament and Kingdom; and that the said George Lord Goreing ought to be proceeded against for the same, according to the usual Course and Proceedings of Parliament."

Adjourned.

House adjourned till 10^a cras.