House of Lords Journal Volume 10: 16 June 1648

DIE Veneris, 16 die Junii.

PRAYERS, by Mr. Foxcroft.

Domini præsentes fuerunt:

E. of Midd. Privilege, in his Mother's Suit against him.

Upon reading the Petition of the Countess Dowager of Midd.; desiring, "Leave to sue the Earl of Midd. her Son in Chancery, for Jewels which her Husband left her:"

The Earl of Midd. being present in the House when the Petition was read, declared upon his Honour, "That there hath been an Agreement between him and his Mother concerning this particular Business;" and claimed his Privilege, as a Peer of this Kingdom and Member of this House.

Which was granted him by this House; and that this be signified to her Ladyship.

Results of a Council of War, for reducing the revolted Ships.

The Lord Admiral reported, "That he calling a Council of War, to advise of the fittest Way for reducing the revolted Ships, have made some Results; which is offered to the House."

Read, and approved of; and ordered to be sent to the House of Commons for their Concurrence.

Letter to be sent to The States Gen. &c. about them.

The Earl of Sarum reported from the Committee at Derby House, a Draught of a Letter to be sent to The States Generall and The States of Zealand, concerning the revolted Ships; which, being read, was approved of, and ordered to be sent to the House of Commons for their Concurrence; and that it may be referred to the Committee of Lords and Commons at Derby House, to consider of a fit Messenger to send it by; and that they may give him Instructions for the same.

Message to the H.C. about them;-and for the Marq. of Winton to continue on Bail.

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

1. To deliver to them the Results of the Council of War called at Warwicke House, and desire their Concurrence therein.

2. To deliver to them the Letter to be sent to the States of Holland and Zealand, and desire their Concurrence therein; and that it be referred to the Committee at Derby House, to send it away by a Messenger, with Instructions as they shall think fit.

3. To deliver to them the Certificate of the Lord Marquis of Winton's Physicians; and desire their Concurrence, that he may have Liberty for Four Months longer, upon the former Security.

Cook, E. of Mulgrave's Solicitor, to be released.

Upon Affidavit made this Day at the Bar, by Phillip Clapham, "That he served the Order of this House upon Payne, the Head Keeper of the Prison of The Marshalsey, for the releasing of Mr. John Cooke, Solicitor to the Earl of Mulgrave; but the said Keeper refused to deliver him, saying, "He did not think the Order of this House sufficient for his releasing of him, in case the King should come to Town."

Payne to be attached, for refusing it.

Hereupon it is Ordered, That the said Mr. Cooke be forthwith released; and that the said Payne be attached, and brought before the Lords in Parliament, to answer the same.

E. of Thanet, Privilege.

Ordered, That the Earl of Thanett shall be allowed his Privilege, according to his former Petition.

Marq. of Winton's Servants imprisoned by the Westm. Militia Committee.

A Letter of the Marquis of Winton was read; shewing, "That the Committee of the Militia for Westmester and the Liberties thereof have taken away Two of his domestic Servants, and committed them to Prison, for no other Cause but having been in the King's Quarters, and refusing to take some Oaths offered them; they never having bore Arms, or ever been in any Condition there but as his Household Servants; to which Offences, he conceives, the Ordinance of Parliament doth not extend."

It is Ordered, That the Committee for the Militia of Westm. do certify to this House the Cause for which they were committed by them.

Ordinance to naturalize the Planters of New England.

An Ordinance was brought in, for making the Planters that are born in New England Free Denizens of England; and being read Twice, was committed to these Lords following:

Any Three; to meet on Tuesday next, post M. Three.

Message from the H.C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. John Stephens; who brought up an additional Ordinance, for putting Papists and Delinquents out of the late Lines of Communication, wherein they desire their Lordships Concurrence.

(Here enter it.)

Read and Agreed to; and ordered to 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 Ordinances, Orders, &c.

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 for slighting the Castle of Banbury, and giving Satisfaction to the Owner thereof.

(Here enter it.)

Agreed to.

2. A Paper concerning the Duke of Gloucester.

(Here enter it.)

Agreed to.

3. Ordinance for Disposal of the Remainder of the One Hundred and Fifty Thousand Pounds on the Excise. (Here enter it.)

Agreed to.

4. Ordinance for the Forty-two Thousand Pounds upon the Sequestrations for the Soldiery.

5. Ordinance for settling the Militia in the County of Radnor.

6. Order for Twenty Pounds for Nathaniell Barker.

(Here enter it.)

Agreed to.

7. Order to refer the securing Yarmouth and the Isle of Lovingland to the Committee at Derby House, &c.

(Here enter it.)

Agreed to.

8. Order for the Committee at Derby House to give Commissions to Captains, to raise Two Troops, for the securing the County of North'ton. (Here enter it.)

Agreed to.

9. That it be referred to the Committee at Derby House, to give Commissions to such Persons of the Town of North'ton as they think fit, for securing that Town. (Here enter it.)

Agreed to.

10. Order that the Commissioners of the Great Seal consider of the filling up of the Benches with Judges.

(Here enter it.)

Agreed to.

11. Order for the Commissioners of the Great Seal to call the Judges before them, to give them Directions, in the Circuits, to acquaint the Countries what the Parliament hath done for the Kingdom. (Here enter it.)

Agreed to.

Ordinance to settle the Radnor Militia.

The Ordinance for settling the Militia in the County of Radnor, was read Twice, and committed to these Lords following:

Any Three; to meet To-morrow Morning, at Nine a Clock.

The Answer returned was:

Answer to the H. C.

That concerning (fn. 1) the Ordinance for the Forty-two Thousand Pounds for the Soldiery, and the Ordinance for settling the Militia of Radnor, their Lordships will take them into Consideration, and send Answer by Messengers of their own: To all the rest, this House agrees.

Ordinance to demolish Banbury Castle, and to satisfy L. Say and Seale for it.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Thousand Pounds be paid unto William Lord Viscount Say & Seale, for the Castle of Banbury, being the Lord Saye's Inheritance, and Part of his Possessions; and that Eight Hundred Pounds, Part of the said Sum of Two Thousand Pounds, be charged upon the Sequestrations in the County of Oxford; the Sum of Six Hundred Pounds, One Part of the said Two Thousand Pounds, upon the Sequestrations in the County of North'ton; and Six Hundred Pounds more, the Remainder of the said Sum of Two Thousand Pounds, upon the Sequestrations in the County of Warwicke: And the Treasurers and Sequestrators of the several Counties of Oxon, Warwicke, and North'ton, respectively, are hereby required and enjoined to pay the said respective Sums of Eight Hundred, Six Hundred, and Six Hundred Pounds, unto the said Lord Viscount Say, his Assignee or Assigns; and the Acquittance or Acquittances of the said Lord Viscount Say, his Assignee or Assigns, shall be a sufficient Warrant and Discharge to the several Sequestrators and Treasurers, in the said several Counties respectively, for Payment of the said several Sums so charged as aforesaid: And the Knights of the Shire that serve in Parliament for the several Counties of Oxon, North'ton, and Warwicke, and the Burgess for Banbury, respectively, are required to take effectual Course, that the said several Sums, charged upon the Sequestrations in the said several Counties, may be duly and speedily brought in, and paid to the said Lord Viscount Say, out of the Monies at present in their Hands, or such as shall first come unto their Hands: And in case any Sum above mentioned, to be raised out of the several Counties respectively, shall fall short in any of those Counties, and that a Surplusage be found at present in the Hands of the Sequestrators of any other of the Three Counties above the Sum that it is rated at, that then it shall be supplied for the present out of that County, and be re-paid unto them again, so soon as it can be raised, out of the Sequestrations of that County which at the present shall fall short of the Proportion set upon the same: And likewise the said Knights and Burgess shall take Care for the orderly Demolishing of the said Castle, leaving only undemolished a little Stable, and another little Store-house, both lately built for the Lord Say to keep his Courts in; and that the Materials of the said Castle be employed and bestowed for the Use and Repair of the Town of Banbury, according to the Intention of the Houses; and, to that End, to appoint Overseers, and to give Directions to them accordingly."

Paper from the Revenue Committee, concerning the Duke of Gloucester's Servants, &c.

"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm'r.

"In Pursuance of an Order of both Houses, of the First of this Month; Ordered, and it is the Opinion of this Committee, That the Servants and Allowances hereunder written are necessary to be added, for the Service of the Duke of Gloucester: And we desire the Earl of Pembrooke to propose them to the House of Peers accordingly.

"Mr. Samwell to wait on the Duke of Gloucester; and to have the same Allowances as he had for his waiting on the Duke of Yorke.

"Mr. Siddenham to wait as Carver on the Duke of Gloucester; and to have the same Allowances as he had as Carver to the Duke of Yorke.

"Mr. Owen to be Page to the Duke of Gloucester; and to have the same Allowances as he had as Page to the Duke of Yorke.

"There being formerly Two Chaplains, and at present there is but One; the Houses to be moved, that One other be appointed, or that some Divines be appointed to preach by Turns.

"That it be proposed, That Doctor Collidon be appointed Physician, with an Allowance of One Hundred Pounds per Annum, if the Houses shall think fit.

"Henry Rice, Closet Keeper to the Duke of Yorke, to be continued Closet Keeper to the Duke of Gloucester.

"One of the Duke of Yorke's Footmen to be added to the Duke of Gloucester.

"One Groom of the Stable of the Duke of Yorke's to be added to the Duke of Gloucester's.

"Five Saddle Horses to be added for the Duke of Gloucester's Service, and for such Servants as shall attend him abroad.

"That an additional Allowance may be set down, for to provide Linen; there being Need of a Supply, the Linen being omitted in the former Establishment.

"Four inferior Servants to be added, for the Service of the Duke of Gloucester."

"A List of the Duke of Yorke's Servants, that are necessary to be continued as additional Servants to attend the Duke of Gloucester.

"A List of Servants necessary to be added to attend the Duke of Gloucester, besides those Servants abovementioned that did attend the Duke of Yorke.

"The Particulars of the additional Allowances:

"The Lords and Commons assembled in Parliament do approve of what the Committee of the Revenue have thought fit to be added for the Duke of Gloucester; and that these additional Allowances and the former be paid to the Earl of Northumberland, next after the Expences of the King's own Household, and the ordinary Charges for the Forts, before any other Payment out of the King's Revenue; and the Committee of the Revenue is to take Care to see the same done: And it is Ordered, That it be referred to the Committee of the King's Revenue, to consider of such Gratuities as shall be thought fit, for such of the Duke of Yorke's Servants as are now fully to be discharged."

Ordinance for the Remainder of the 150,000£. formerly ordered to the Treasurers at War, to be expended for Arms, &c. and for Payment of the Army.

"Whereas, by an Ordinance of both Houses of Parliament, of 28 Maii, 1647, the Sum of One Hundred and Fifty Thousand Pounds was charged upon the Receipts of the Grand Excise, in Course, to be paid to Sir John Wollaston Knight, and the rest of the Treasurers at Wars, for Payment of the Arrears due to the Officers and Soldiers in the Army under the Command of Thomas Lord Fairefax; which Sum, by Order of both Houses of Parliament, of the 30th of October last, is appointed to be paid to the Treasurers at Wars, for Payment of the Army; and the Committee of Lords and Commons for the Army are hereby authorized to borrow Money upon the Credit thereof, for Payment of the Army: And whereas, by Order of Parliament, of the First of February last, the Sum of Seventy Thousand Pounds, Part of the said Sum of One Hundred and Fifty Thousand Pounds, is appointed to be paid unto Sir Henry Vane Knight, for the Service of the Navy; and sithence also several other Parcels of the said Sum of One Hundred and Fifty Thousand Pounds hath been disposed of, by Order of Parliament, for disbanding of supernumerary Forces in the Kingdom, and otherwise for the Service of the Army; and there being further Occasion to make Use of the Remainder thereof, for buying Arms and Ammunition, for other Occasions for the Army: It is therefore ordained, and be it Ordained, by the Lords and Commons in Parliament assembled, That the said Committee of Lords and Commons for the Army aforesaid, or any Five of them, shall and may, and are hereby authorized from Time to Time, to assign and dispose of the Remainder of the said One Hundred and Fifty Thousand Pounds, for the buying of Arms and Ammunition, and for Payment of the Army, and for such other Uses and Purposes as they shall think fit, and in such Manner as they shall direct and appoint; and the Commissioners of the Excise are required to make Payment thereof accordingly: And the Acquittance or Acquittances of the Person or Persons the said Committee, or any Five of them, shall appoint to receive the same as aforesaid, or any Part thereof, shall be a good and sufficient Discharge to the said Commissioners of the Excise, and every of them, for Payment thereof; any former Ordinance or Order heretofore made to the contrary notwithstanding."

Order for 20£. to Barker.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Twenty Pounds be bestowed upon Nathaniell Barker, the Messenger that brought the good News of the good Blessing upon Colonel Thomas Waite's Forces, in suppressing the late Insurrection in the Parts about Stamford; and that the said Sum of Twenty Pounds be forthwith paid unto the said Nathaniell Barker, by Order of the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall."

Committee at Derby House to secure Yarmouth, &c.:

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of Lords and Commons sitting at Derby House, to take Care to secure the Town of Yarmouth, in Norffolke, and the Isle of Loveingland, in Suff. and Flegg, in Norffolke; and to have Power to grant Commissions to such Persons as they shall think fit, to raise Forces, to suppress Tumults and Insurrections, and to preserve the Peace of those Parts."

To give Commissions to raise Forces for Defence of Northampton.

"Ordered, by the Lords and Commons assembled in Parliament, That Power be given to the Committee at Derby House, to grant Commissions unto Captain William Boteler, Captain John Stirke, Captain John Coombes, Mr. Henry Benson, and Captain Dickenson, and their inferior Officers, to raise Two Troops of Horses of Voluntiers, for securing the County of North'ton and suppressing Tumults in those Parts."

Judges to be appointed.

"Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Commissioners of the Great Seal, to consider of fit Persons to be Judges in the several Circuits, to fill the Benches; and likewise of the Names of fit Persons to be called to be Judges, and present them to the Houses."

Instructions for the Judges going the Circuits.

"Ordered, by the Lords and Commons in Parliament assembled, That the Commissioners of the Great Seal do call before them all the Judges of England and Wales, and give them general Instructions, as was formerly usual; and in particular enjoin them to deliver their Opinions, in all Places of their Circuits, touching the Unlawfulness of the War against the Parliament, and the Justness of the Parliament's Proceedings in the Defence and Maintenance of their Cause."

Additional Ordinance for putting Papists and Delinquents out of the Line.

"Whereas, by Ordinance of Parliament, bearing Date the 23th of May, 1648, it is Ordained, That all Papists, and all Officers and Soldiers of Fortune, and other Persons whatsoever, that have borne Arms against the Parliament, or have adhered to, or willingly assisted, the Enemy in this late War, are, before the 25th of May last, to depart Twenty Miles from the Cities of London and Westm'r, and late Lines of Communication; and in case they do not, they are to be apprehended, imprisoned, and proceeded against as Traitors: And whereas, in the said Ordinance, there is a Proviso, that nothing shall therein extend to such Persons, who, having their Habitations within the Lines of Communication, or within the said Space of Twenty Miles, have made their Compositions, and paid in or secured their Fines, or have taken the Negative Oath and Covenant, or that shall be authorized by both Houses of Parliament, or, being really attending their Compositions at Gouldsmiths Hall, shall be permitted by the Committee of Lords and Commons for Compositions there to continue within the said late Lines of Communication, for the perfecting their said Compositions; by reason of the large Extent of which said Proviso, and also because, as the same is drawn, it is dangerous for any Officer so much as to apprehend any of the said Delinquents if he be within the Benefit of the same, which falls not within common Notice, many Officers do thereby take Occasion to neglect their Duty, in apprehending the aforesaid Delinquents who are out of the Benefit of the aforesaid Proviso: For the Preventing and Removal of the said Mischiefs, it is hereby Ordained, by the Lords and Commons assembled in Parliament, That the said Proviso, and every Clause thereof, be from henceforth repealed, and made void and null; and that those of the aforesaid Delinquents who shall be exempted from the Penalty of the said Ordinance of the 23th of May last are and shall be only such who, having their usual Habitations within the said late Lines of Communication, or within the said Space of Twenty Miles, have made their Compositions, and paid in, or secured their Fines, and such whose Estates being not worth Two Hundred Pounds in Lands or Chattels have taken the negative Oath and Covenant, and have their usual Habitations within the said Lines of Communication, or within Twenty Miles thereof as aforesaid, or such who, from the said 23th of May, have been, or hereafter shall be, authorized by both Houses of Parliament, or who are now actually compounding at Gouldsmiths Hall, and, since the 23th of May, have been, or shall be hereafter, permitted by the Committee of Lords and Commons for Compositions there to continue within the said late Lines of Communication, only for so long Time as shall be thought necessary by them for setting the Fine and Payment, and securing of the Money upon the said Composition: Provided, That those who have their Habitations out of the said Lines, and within the Twenty Miles aforesaid, shall not continue within the said Lines of Communication, unless they have particular Licence from both Houses of Parliament, or from the Committee at Gouldsmiths Hall, renewed since the said 23th of May last, for such Cause as aforesaid: And it is hereby further Ordained, That it shall be lawful for any Constable or Officer thereunto authorized, upon Suspicion, to apprehend any such Delinquents, and secure them till they make it appear that they are within any of the aforesaid Qualifications; and every such Officer, for performing of his or their Duty therein, shall be saved harmless and indemnified by both Houses of Parliament: It is hereby further Declared, That this Ordinance, and the said former recited Ordinance of the 23th of May, 1648, are intended to extend, and do extend, to all sequestered Ministers, that are sequestered for Delinquency or Scandal: Provided also, That every such Papist and Delinquent within this Ordinance as shall stay within the Lines of Communication, or within Twenty Miles thereof, after the 19th Day of this Instant Month of June, contrary to this present Ordinance, and not within the Qualifications, or licensed as aforesaid, shall also, besides the Punishment of Imprisonment, forfeit and pay the Sum of Twenty Pounds, One Moiety thereof to be paid to the Person or Persons who shall discover such Offenders, and the other Moiety to the Treasurer for the maimed Soldiers, for the Use of the said Soldiers, to be levied by Distress and Sale of their Goods, rendering to the Owner the Overplus, by Warrant under the Hands and Seal of any Three of the said respective Committees of Militia where they are apprehended; and the said Offender or Offenders shall not be released without Payment of the said Money: Provided, That this Ordinance, or any Clause therein contained, shall not extend to any such Person or Persons as have perfected their Compositions, and sued out their Pardons under the Great Seal of England."

Commissioners for Preservation of North'ton.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons sitting at Derby House are hereby authorized to nominate such Persons as they shall think fit, to be Commissioners for the Safety and Preservation of the Town of North'ton."

Adjourn.

House adjourned till 10^a cras.