House of Lords Journal Volume 9: 20 February 1647

DIE Saturni, 20 die Februarii.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Order for Preservation of Game.

The Order for Preservation of Game, was read, and Agreed to, and Ordered to be printed and published.

(Here enter it.)

Harvey sent for, for detaining a Gun of L. Say & Seale's.

The Lord Viscount Say & Seale acquainted this House, "That one John Harvie, of Horton, near to Colbrooke, hath affronted his Lordship, and detains a Gun in his Custody which is his Lordship's, though it hath been demanded of him."

It is Ordered, That he be sent for, to appear before this House, to answer the same, as a Delinquent; and the Piece of the Lord Viscount Say, which he detains in his Custody, be likewise brought.

Message to the H. C. with the King's Letter.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To deliver to them the King's Letter.

E. of Downe's Estate to be preserved, and his Fine mitigated.

Upon reading the Petition of the Earl of Downe: It is Ordered, To be recommended to the House of Commons, that Care may be taken that the Earl of Downe's Estate may not be ruined, it having suffered much already by the Prerogative Power; and to acquaint them, that the Earl of Downe was drawn away, being young, but came in when the King was strong; and desire Concurrence, that it may be referred back again to the Commissioners at Gouldsmithes Hall and the Lords and Commons at Haber dashers Hall, that some Mitigation of his Fine may be made, and likewise for his Fifth and Twentieth Part.

Franklyn's Petition.

The Petition of Wm. Franklin, late One of the Fellows of King's Colledge in Cambridge, was read, but nothing done thereon.

Turnor to be examined by the Assembly.

Ordered, That Wm. Turnour Clerk is referred to the Assembly of Divines, to be examined concerning his Abilities for the Work of the Ministry, whereby he may be presented to the Vicarage of Barkway, in the County of Hertford.

Message from the H. C. with Letters from the E. of Ormond; and for the Committee for Irish Affairs to consider of them.

A Message was brought from the House of Commons, by Sir John Clatworthy, &c.

To acquaint their Lordships with Letters which they have received out of Ireland, from the Earl of Ormond; and that the House of Commons have referred it to the Members of their House that are of the Committee at Derby House concerning the Affairs of Ireland, to take them speedily into Consideration, and do something upon them; and they desire this House would give the like Power to the Members of this House that are of that Committee.

The Letters were read. (Here enter them.)

The Answer returned was:

Answer.

That this House agrees in referring these Letters to the Consideration of the Committee of Lords and Commons that sit at Derby House concerning the Irish Affairs; and that they give some speedy Dispatch therein.

Message from the H. C. with Ordinances, &c.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight;

To desire Concurrence in divers Particulars:

1. An Ordinance to pay Two Thousand Pounds, upon Accompt, to Colonel Graves, out of Gouldsmithes Hall. (Here enter it.)

Read, and Agreed to.

2. An Ordinance for the Manner of issuing out Six Thousand Pounds for Nottingham, formerly granted, in August, 1646, out of Gouldsmithes Hall.

(Here enter it.)

Read, and Agreed to.

3. An Ordinance for Seventy-two Pounds to Edward Hodson.

4. An Ordinance for paying the Guards of the City Nine Thousand Pounds, formerly assigned them.

(Here enter it.)

Read, and Agreed to.

5. An Order for paying to Dame Mary Leigh One Hundred Pounds, and Mrs. Mary Herle Three Hundred and Eighty Pounds, out of Gouldsmithes Hall.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for Nine Thousand Pounds for the Guards, to the Order for the Two Thousand Pounds to Colonel Graves, to the Order for Six Thousand Pounds for Nottingham, to the Order for Dame Mary Leigh and Mrs. Mary Herle: To the rest, they will send an Answer by Messengers of their own.

Report of Peaker's Examination, &c.

The Earl of Warwicke reported from the Committee, the Examination of Tobias Peaker, taken before the Lords Committees, which with the Questions were read.

The Observations also of the Committee upon the said Examinations were read. (Here enter them.)

Ordered, That this Report shall be taken into Consideration on Monday Morning next.

Lane's Petition, referred to the Judges.

Upon reading the Petition of Lyonell Lane: It is Ordered, To be referred to all the Judges, to consider what it fit to be done for the Relief of the Petitioner, and report the same to this House.

Capt. Wadsworth's Petition, about the Relics.

Upon reading the Petition of Captain James Wadsworth: It is respited till the Copes and other Things be valued.

Courteen and the E. I. Co.

This Day John Darrell, George Gawton, and Tho. Hill, were sworn at this Bar, as Witnesses, which are to be examined by the Committee concerning Mr. Curten's Business, against the East India Company.

Ordered, That such Witnesses of Mr. Curten's as refuse to come voluntarily shall be enjoined by Order of this House, when their Names shall be given to the Clerk.

Ordinance concerning Cheshire.

The Earl of Lyncolne reported the Ordinance for Cheshire, as fit to pass, with a Proviso.

It is Ordered, To be taken into Consideration on Monday Morning next, the First Business.

Committee for Compositions at Goldsmiths Hall to examine Witnesses upon Oath.

It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners appointed for Compositions for Delinquents sitting at Gouldsmiths Hall shall have Power to examine, upon Corporal Oath, such Witnesses as they shall call, or shall come before them, concerning the Estates of the said Delinquents, and the Values thereof, and other Things incident thereunto; and such Charges and other Particulars in respect whereof the said Delinquents shall claim Abatements or Deductions to be made out of their Fines and Compositions.

Order for 100 l. to Lady Leigh, and 380 l. to Mrs. Herle.

Whereas the Lady Mary Liegh and Mrs. Mary Herle were, by Two several Orders, of 18 January, 1646, appointed to receive Pay by the Committee at Gouldsmiths Hall, the Lady Mary Liegh the Sum of One Hundred Pounds, the said Mrs. Mary Herle the Sum of Three Hundred Eighty Pounds, out of the Fine of Doctor Duck, the which Fine is already assigned and paid: It is this Day Ordered, by the Lords and Commons assembled in Parliament, The Lady Mary Leigh and Mrs. Mary Herle respectively shall receive the said respective Sums of One Hundred and Three Hundred and Eighty Pounds out of Gouldsmiths Hall, according as by the said former Orders is directed, out of the Fines of such Delinquents not yet particularly assigned as they the said Mary Liegh and Mrs. Mary Herle respectively shall nominate to the said Committee."

Order for 6000 l. for Nottingham.

Ordered, by the Lords and Commons assembled in Parliament, That the Six Thousand Pounds appointed by Order of 6 Aug. 1646, for the Service of the County of Nott. issuable and payable by the Committee at Gouldsmiths Hall, be paid and issued, in Manner prescribed by the said Order, out of such Fines and Compositions of the Delinquents of the County of Nott. as the Members of the House of Commons that are of the Committee of Nott. shall nominate unto the said Committee at Gouldsmiths Hall.

Order for 2000 l. to Col. Graves.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Thousand Pounds be paid unto Colonel Richard Graves, upon Accompt, by the Committee at Gouldsmiths Hall, out of the Fines and Compositions of such Delinquents not yet particularly assigned, as the said Colonel Richard Graves shall nominate unto the Committee at Gouldsmiths Hall; and the Acquittance of the said Colonel Graves, or his Assignee, shall be a sufficient Warrant and Discharge unto the Committee at Gouldsmiths Hall and the Treasurers there, for the Payment of the said Sum of Two Thousand Pounds accordingly.

Order for 9000 l. for the Guards of the City.

"Whereas Twelve Thousand Pounds was charged upon Gouldsmiths Hall in Course, for the Pay of the Guards of the City, whereof Three Thousand Pounds only are paid, and the other Nine Thousand Pounds cannot in Course be had in any Time convenient for the Relief of their great Necessities: It is Ordered, by the Lords and Commons assembled in Parliament, That if any Person or Persons shall advance the Nine Thousand Pounds remaining of the said Twelve Thousand Pounds, or any Part thereof, that he or they shall have the Allowance of Eight per Cent. for a Year, payable every Six Months, out of Gouldsmiths Hall, for the Time the said Nine Thousand Pounds, or any Part thereof, shall be unpaid; and the Acquittance or Acquittances of the Person or Persons so advancing the said Nine Thousand Pounds, or any Part thereof, shall be a sufficient Warrant and Discharge to the Committee at Gouldsmiths Hall and Treasurers there, for the Repayment of the said Nine Thousand Pounds, or any Part thereof, together with the Interest from Time to Time due for the same accordingly.

Tuesday, 16 Februarii, 1646.

Peaker's Examination, concerning his former One, charging Murray, and the E. of Leven, &c. with an Intention to assist in conveying the King from Newcastle, and that the Scots Armies would assist.

1. Whether do you avow all in your Examination to be true?

1. Tobias Peaker doth avow all in his Examination to be true.

2. What Proof have you for this which you have averred in your Examination?

"The Two Watermens Names I know not; but they dwell in Plumer Gate, a Widow Woman's Sons, as you turn from the Key, Ten Doors within the Lane upon the Right Hand, where there are Two Steps to go down into a Room, being an Alehouse.

3. Who was with you when Mr. Levitt told you the King sat up late the 25th of December?

"There was none with Mr. Levitt but myself.

4. Who was with you, or can witness your lying in the Dutch Ship, the 24th of December, or saw you aboard the Ship? Where did you give the Hundred Pounds you carried with you to the Dutch Captain, and to whom? Was the Hundred Pounds in Gold or Silver?

"That the Waterman that brought him Aboard, and none else. He gave the Hundred Pounds to the Dutch Captain, and put it into the Bed to him between the Sheets, at the Sign of The Peacocke; and the Hundred Pounds was in Silver; and this Hundred Pounds Mr. Leviston. paid to Mr. Levitt; and Mr. Levitt told him, that he had laid this Hundred Pounds under Mr. Murraye's Bed's Head, where he took it.

"5. How did you open Mr. Murraye's Letter? and how did you seal it again, that it was not perceived when you did re-deliver it again?

"Alderman Bonner opened the Letter against a Candle; and the Letter was sealed up again with Mr. Murraye's Seal, which was sent to Mr. Crookshancke, who was a Minister to a Regiment at Durham.

"6. How do you know that General Leven acquainted Mr. Murray with the Letter, and told Mr. Murray he had a Letter in Ambush for him?

"Mr. Murray told him, That General Leven did say, that he had a Letter in Ambush for him; and that himself and the Governor of Hartlepoole had been examined about it.

"7. What Probability is there that you returned to Mr. Murray after you knew the Letter was discovered?

He did not return to Mr. Murray, after Mr. Murray told him that he had been examined about it.

"8. When was it that Mr. Murray told you that the Seven Regiments of the Scottish Army was sure to the King, and that Lieutenant General Lesley gave good Hopes?

"The Time he cannot say.

"9. What Money or other Goods of Mr. Murraye's did you bring away with you?

"None but what he gave an Accompt of to the Mayor of the Town, which was some Forty Shillings.

"10. Did you bring away a Watch of Mr. Murraye's with you, and what did you do with it? or any of his Linens?

"He brought no Watch of Mr. Murraye's away with him, nor any Thing else; but the Watch he gave him, a Quarter of a Year before, aboard the Dutch Ship.

11. Did you satisfy Mr. Murray that you did deliver the Hundred Pounds to the Dutch Captain?

He told Mr. Murray, that he had delivered the Hundred Pounds.

"Tobias Peaker.

Examined and signed by the said Tobias Peaker, in the Presence of us, this 17th of February, 1646.

"Warwicke.
Mulgrave.
Hunsdon."

Observations upon it.

"That the Committee of Estates in the Kingdom of Scotland, in their Letter to the Houses, say, They had made as exact a Trial of the Business as they could; and that they find the Persons mentioned in Peaker's Examination to be innocent; and that he is an infamous Person and a Thief.

"That not only Mr. Murray and Sir Robert Murray, but the Dutch Captain and Mr. Levitt, deny all that is informed by Peaker.

That General Lesley doth also contradict his Information.

That Peaker doth directly contradict himself; for, in Answer to the Seventh Interrogatory propounded to him by the Committee of this House, he faith, That he did not return to Mr. Murray after Mr. Murray had told him that he had been examined by General Lesley about the Business;" and in his former Examination he faith, "That after Mr. Murray had charged him with divulging the Letter, and after he was acquainted that General Lesley had told Mr. Murray he had a Letter in Ambush for him, that Mr. Murray dismissed him, and appointed him to return within an Hour; and that accordingly he did return to Mr. Murray, and received further Directions from him."

There is a clear Contradiction in his former Examination, where he faith, "That the Regiment of the Scottish Army which was at Tynmouth was sure for the King; and yet that Mr. Murray sent him to the Dutch Captain, to enquire whether he could go out in the Night notwithstanding any Opposition from Tynmouth Castle."

In Answer to the Eighth Interrogatory propounded by the Committee of this House, he cannot shew about what Time Mr. Murray told him that Seven Regiments of Foot of the Scottish Army were for the King, and that there were good Hopes of Lieutenant General Lesley.

"In Answer to the Ninth Interrogatory, he confesseth that he brought away Forty Shillings of Mr. Murraye's; and that he gave an Account of it to the Mayor of the Town.

"In Answer to the Tenth Interrogatory, he confesseth that he brought a Watch with him, which was Mr. Murraye's; but faith, he gave it him a Quarter of a Year before."

Ordinance for Preservation of Game.

Whereas Provision is made, by the Statutes of this Realm, for the Preservation of Game in this Kingdom, and that the Justices of the Peace and others are by the said Statutes authorized and required to punish the Offenders in that Kind, as by the said Statutes doth appear; but, by reason of the great Liberty that several idle and loose Persons at this Time take unto themselves, by Guns, tracing of Hares in the Snow, setting Dogs, and other unlawful Means, to kill and destroy the Game of all Kinds throughout the whole Kingdom, in Contempt of Law and Authority, which, if not timely prevented, will prove a Destruction to the said Game in all Parts: It is Ordered, by the Lords in Parliament assembled, That the Justices of the Peace in the several Counties of the Kingdom, and specially about the King's Honours, Castles, Parks, Chaces, and Houses, are hereby charged and required, by virtue of their Places, and the Tenor of the said Statutes, to take special Care that they put the said Statutes in due Execution against all such Offenders as shall trespass in this Kind, according to the Nature of their several Offences: And herein the said Justices of Peace and others authorized are hereby required to take special Care in the Execution of the Premises, as the contrary will be answered to this House."

Letters from the E. of Ormond, that he will give up Dublin, &c. to whom the Parliament shall appoint, on his Propositions being accepted.

SIRS,

"Not knowing whether my Letter of the 28th of the last Month had come to your Hands, or whether you might not, according to a Report I heard here, be gone for England; I have directed my Letters to Sir Thomas Wharton and Mr. Sallwey, to let them know what I meant (by the Persons for whom in my Letter to you I desired a safe Conduct) to signify to you; namely, my Readiness to leave the Sword and Places under my Command when and to whom the Parliament should appoint, according to what was for and in their Name proposed and assented to by you when you were here: And I now send this Letter to London, in Hope it may be my good Fortune to have you there, who can witness the Truth of what I have written to Sir Thomas Wharton and Mr. Sallwey to have passed betwixt us since their parting with you, and who, I am hopeful, will advance the Reception of my present Offer; which I had been ready to have made before your Departure, the Men now in Lecale might have been drawn hither, and possessed of these Places; upon your Assurance given, in Name of the Parliament, That the Conditions consented to by you should be made good, as upon like Signification they still may be. I am the more confident that the Offer I now make will be accepted, for that it is known I have continued longer in the Field with my small Party against the Rebels there, than any other in this Kingdom hath done this Winter. So I rest.

"Your affectionate humble Servant,

His Majesty's Castle of Dublin, this 6th of Febr. 1646.

"Ormonde.

For Sir Robert Meredyth, Sir Robert King, and Sir John Clotworthy, Knights, or to any of them; in their Absence, to be opened by Sir Thomas Wharton and Richard Sallwey Esquire, or either of them."

SIRS,

If you please to call to Mind the last Conference that was betwixt Four of you that were employed as Commissioners hither from the Parliament of England and me, you will remember that I promised with all possible Speed to endeavour to satisfy myself in a Particular which then hindered my full Assent to what you proposed; and that, in case I could satisfy myself therein, I would immediately signify as much to those of the Commissioners that were to stay in the North of this Kingdom, and to you that were to go into England. In Pursuance of this Promise, I did, about the Beginning of December last, acquaint Sir John Clotworthy, that I was confident he should very soon hear from me to his full Content. And having since satisfied myself in that Point whereon I stuck, I did, by my Letter of the 28th of January, directed to him and the rest (a Copy whereof is here inclosed), desire a safe Conduct for One or Two Persons of Quality, to go to them; my Intention being, by those Persons, to give them Notice of my being ready to give the Parliament that Satisfaction which I hope they will receive by this Dispatch. But having yet no Answer to that Letter, and hearing a Report that they were to go into England much about the Time that my Letter might come to their Hands, I have hastened away this Bearer Lieutenant Lee with this Letter, to let you know, that I am ready to leave the Sword and all the Places under my Command, when and to whom the Parliament shall appoint, according to what was for and in their Name proposed and consented to by you: And I shall desire that, for the Safety of these Places, I may receive their Pleasure as soon as shall be thought convenient; and in the mean Time I shall strive (as hitherto I have done) to preserve from the Rebels what remains in my Rower, for the Interest of the English Crown and Nation. And so I rest

"Your affectionate humble Servant,

From His Majesty's Castle of Dublin, this 6th of (fn. 1) February, 1646.

Ormonde.

"SIRS,

"My other Letter, dated with this, I have drawn in the best Manner I could, to procure a good Acceptation, in case it be necessary to have this Affair brought to further Public Debate. But I conceive it also needful, in Prevention of Inconveniencies, not only to me and those here, of whom I am obliged to take Care, but to the Main of the Business in Hand (if there should happen any Mistake through the Shortness of my Expressions, occasioned by my Desire to avoid all such whereat Offence might be taken), in this other Letter fully and clearly to let you see what my Desires are:

The First and principal (as that which tends, as I conceive, to mutual Advantage) is, that I may with all possible Speed receive Assurance, that the Offer I now make, of leaving the Sword and all Places under my Command, when and to whom the Parliament shall appoint, is accepted of in Manner as the same is offered: And though it may be deemed unfit for me to prescribe a Time, yet the dangerous Condition we stand in here forces me to desire it may be at furthest by the 10th of March; for, if it should be longer delayed, the great Preparation of Forces the Rebels are now again making, as is said, to come against this Place, may become so considerable, as to compel me, for the Preservation of the Lives, Liberties, and remaining Fortunes of those His Majesty's Subjects with and by whom I am trusted, to take some such Resolution as may make it more difficult for me, if not impossible, to do what may be expected from me.

The next is, That the Parliament will be pleased to allow and express a sitting Time for me and those that shall resolve to go with me, or any other Way by themselves, to prepare for our Transportation; and that, during our Stay, we may be protected from all Injury or Violence from any under their Command.

"The Third is, That, by the same Hand I receive the Signification of the Parliament's Pleasure for the giving up as aforesaid, I may also receive the Bills of Exchange for the Sum mentioned in the Sixth Article of my additional Instructions given to the Lord Chief Justice Lowther, Sir Francis Willoughby, and Sir Paule Davyes, when they were sent to attend the Parliament; unless they shall please to command that Two or Three Thousand Pounds thereof may be sent me in Money, to answer my own Occasions and those of other Mens, in and till our Transportation, which I shall take as a high Favour; and the Bills of Exchange for the remaining Sums to be payable by Halves as the Whole was. And so, recommending these Particulars and the entire Business to your especial good Care and Favour for a speedy and effectual Dispatch, whether it shall require a Public Transaction or otherwise, in regard a Delay therein may prove fatal to this Place and the Protestant Inhabitants here, which I know you are very sensible of, I rest

"Your affectionate humble Servant,

His Majesty's Castle of Dublin, this 6th of Febr. 1646.

Ormonde.

Letter from him to the Parliament Commissioners in Ireland, desiring a Pass for his Commissioners to treat with them.

"After our very hearty Commendations: We, being desirous to impart some Business of much Consequence and Advantage to the present Affairs unto you, do intend to employ One or Two Persons of Quality and Trust to communicate the same unto you; and therefore pray you to send us a safe Conduct, with a Blank, to be filled with the Name or Names of such Person or Persons whom we shall think fit so to employ, that they and their Retinue, not exceeding Twenty, may quietly pass and return, without any Lett or Molestation; and withal that you will be pleased to signify unto (fn. 2) us the Place and Time where and when you may be met with. And so we bid you very heartily Farewell. From His Majesty's Castle of Dublin, this 28th of January, 1646.

Your very loving Friend,

Ormonde.

To our very loving Friends, Sir Robert Merdith, Sir Robert King, and Sir John Clotworthy, Knights, and to any or either of them; to be imparted to the rest."