House of Lords Journal Volume 9: 1 June 1647

DIE Martis, primo Junii.

PRAYERS, by Mr. Delmy.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letters from Sir T. Fairfax.

A Letter from Sir Tho. Fairefax, to the Committee at Derby House, read. (Here enter it.)

Another Letter from Sir Tho. Fairefax, to the Earl of Manchester, read, with Advice of the Council of War to Sir Tho. Fairefax. (Here enter them.)

Letter from the Lords with the Army.

Another Letter from the Earl of Warwicke and the Lord La Warr, was read. (Here enter it.)

Ld. Mohun versus Sir H. Carey & al.

Upon reading the Petition of the Lord Mohun; complaining of Disobedience and Contempt to the Order of this House, by Sir Henry Cary and others; and reading also the Affidavit of Webber.

Capt. Courtney's Petition for his Arrears.

The Petition of Captain Henry Courtney, was read; desiring, "he may receive his Arrears, or some considerable Part thereof, for his Subsistence:"

It is Ordered, To be recommended to the House of Commons.

Letter to Archduke Leopold, on being appointed Regent of Flanders.

A Draught of a Letter was reported from the Committee of the Admiralty, intended to be sent to the Archduke of Flanders; which, being read, was Agreed to; and Ordered to be sent to the House of Commons for Concurrence; and that the same be signed by the Speakers of both Houses.

Thomas and Simpson, in Error.

Ordered, That the Errors in the Writ of Error between Thomas and Sympson, (fn. 1) on Friday Morning next, at which Time the Judges are to be present.

Young versus Jennings.

Upon reading the Petition of Patiricke Young, against Mr. Jennings:

It is Ordered, That Mr. Jennings shall shew Cause to this House, this Day Sevennight, why his Protection should not be revoked; and, in Default hereof, the said Protection is revoked.

E. of North'ton and Gloucester Clothiers.

Ordered, That the Cause between the Earl of North'ton and the Clothiers shall be heard this Day Sevennight.

Howard, a Pass.

Ordered, That Henry Howard Esquire, with Two Servants, shall have a Pass, to go into France.

Lady Mountague, a Pass.

Ordered, That the Lady Mountague and her Servants shall have a Pass, to go into France, to her Husband, taking with her (fn. 2) her own Saddle-horse, or Gelding, or Mare; and to return.

Roundhead, Do.

Ordered, That Charles Roundhead shall have a Pass, to go into France, and to return, about the Lord Aubygnie's Business.

Morley Minister of Wotton Courtney's Petition.

Upon reading the Petition of Morley, Minister of Wotton Courtney, in the County of Som'sett; as also the Certificate of Sir Nath. Brent:

It is Ordered, That a Certificate be presented to this House, from the Commissioners at Gouldsmith Hall; and then this House will further consider of this Business.

Sir A. Blundell and Lostus.

Upon hearing the Counsel of Sir Arthur Blundell, and Mr. Nic. Lostus, concerning One Hundred and Twenty-nine Pounds, which Sir Blundell pretends he should receive of Mr. Lostus, for his Service in Ireland, which Mr. Lostus hath received of the State, to be paid to him:

The Counsel for Mr. Lostus desired longer Time to produce his Books of Accompt, which are now in Ireland.

It is Ordered, That Mr. Lostus shall have Three Months Time given him, from this Day, to produce his said Books of Accompt, that so he may make it appear whether the said One Hundred Twenty-nine Pounds be paid or not.

Message from the H.C. for the Committees for disbanding the Army to be re-called, and the Money ordered back;

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

To let their Lordships know, that whereas the Houses had ordered that Monies should be sent down to Chelmesford and Woodstocke; videlicet, Seven Thousand Pounds to Chelmford, and Three Thousand Five Hundred Pounds to Woodstocke; the House of Commons, upon some Reasons, have ordered the said Money to be brought back to London; and they also desire their Lordships Concurrence, that the Commissioners sent down to Chelmsford may be re-called back:

and to fit P.M.

And to desire their Lordships would please to sit this Afternoon, if it may stand with their Lordships Conveniency.

Money to be ordered back.

Ordered, That this House agrees with the House of Commons, in bringing back of the Money.

To sit P.M.

Ordered, That this (fn. 3) House will sit this Afternoon.

Ordered, That Resolution concerning sending for the Commissioners back from Chelmsford shall be respited till this Afternoon.

Pilkington, Countess of Peterborough's Servant, arrested.

Upon Information to this House, "That John Pilkington, Solicitor and menial Servant to the Countess of Peterburrough, is arrested, upon Mean Process, by one Smyth a Bailiff for Westm. Liberty, and is in the Custody of Clinkard, the Chief Bailiff for Westm. at the Suit of one Crosse, a Butcher:"

Clinkard & al. sent for.

It is Ordered, That the said John Pilkington be released forthwith; and that Clinkard, Smyth, and Crosse, be sent for, as Delinquents, for arresting the said Pilkington contrary to the Protection of Parliament.

Answer to the H.C.

The Answer returned to the Messengers of the House of Commons was:

That this House agrees to have the several Sums of Money to be brought back again to London, which were going to the Army; that this House will sit this Afternoon: To the other Particular, this House will send an Answer by Messengers of their own.

Woodward and Grigg, in Error.

Ordered, That the Errors between Woodward and Grigg shall be heard on Thursday Sevennight.

Ald. Fowkes and the E. I. Co.

Ordered, That the Books of Subscriptions, and Books of Orders and Accompt, which concern the Adventures of the East India Company, in the Custody of the Governor and Company, or Officers of the said Company, shall be produced, from Time to Time, before Dr. Heath and Mr. Hakewill, who are appointed to audit the Damages of Alderman Foulkes, until Cause be shewed to the contrary, within Three Days after the Sight of this Order.

Somerset, a Pass.

Ordered, That Mr. Charles Somersett shall have a Pass, to go into France, to be cut of the Stone; his Mother giving first Security to the Speaker of this House to bring him into England again.

Stevens and Sanky.

Ordered, That the Errors between Stevens and Sanky shall be argued, at this Bar, on the 10th of June next.

Stocall's Petition.

Upon reading the Petition of James Stocall: It is Ordered, To be sent to the House of Commons, that his Petition may be recommended to the Committees for the Revenue, for the granting the Prayer of his Petition.

Letter from Sir T. Fairfax, that the Officers are greatly dissatisfied with the Orders for disbanding the Army before their Grievances are redressed; and that he has sent a Convoy, to meet the Committee going to the Army, and the Money:

"For the Right Honourable the Committee of Lords and Commons for Irish Affairs sitting at Derby House.

"My Lords and Gentlemen,

"Yesterday towards Evening I received your Lordships Letter, and the Votes there inclosed. Before the Receipt thereof, I had convened the Officers unto a General Council of War, to advise concerning the better Transacting of that Business, and Prevention of all Inconveniences thereupon. After much Time spent about it, they came to those Resolutions, which declare much Dissatisfaction in the Army to disband without having their Grievances fully considered of, and the Danger that may ensue if any One Regiment should be drawn out to disband before the whole Army be equally satisfied. The Resolutions are many and long, which I shall hasten by a Messenger of Purpose to both Houses of Parliament, being Things indeed of that great Concernment as I cannot but in Duty and Discharge of myself communicate unto the Houses. In the mean Time, I humbly offer unto your Lordships Consideration, That, if you hold your intended Journey to Chelmesford, there is little Hopes (as the Temper of the Army now stands) that your Lordships will find Things answerable to your Expectation: However, I have appointed a Guard of Horse out of mine own Regiment to be there on Monday. But I doubt (the Orders coming so late) they cannot be there so early as to meet the Money upon the Way; and for the same Reason I could not possibly have the Life-guard to be there in Time, it being now quartered in Bedfordsheir; nor any other Guard but out of my own Regiment of Horse, which lieth nearest. I remain

May 30th, 1647, Bury.

"Your Lordships
Humble Servant,
T. Fairfax."

Letter from him, with the Resolutions of the Officers.

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

"My Lord,

"Your Lordship's Letter of the 28 I received Yesterday, with the Votes of both Houses inclosed therein. Before the Receipt thereof, I had called the Officers unto a General Council of War, to advise concerning the better Transaction of the Business, and Prevention of all Inconveniences thereupon: And when they were in Consultation, I communicated your Lordship's Letter (and the Votes therewith sent) unto them. After much Time spent in the Debate thereof, this inclosed was delivered unto me by the Officers, as the Result of the Council of War; which, being of very great Concernment, I held it my Duty to hasten unto your Lordships. It is no small Grief of Heart to me, that there should be any Dissatisfactions betwixt the Parliament and the Army, and that the last Votes did not give Satisfaction. I beseech God to direct your Lordships to proceed with Wisdom, that Things may be determined in Love, and this poor Kingdom freed from further Distractions; which is the earnest Desire of

Bury, May, 1647.

"Your Lordship's
Most humble Servant,
T. Fairefax."

Resolutions of the Officers in a Council of War, for their Grievances to be redressed before the Army is disbanded.

"To his Excellency Sir Thomas Fairefax Knight, Commander in Chief of the Parliament's Forces.

"The Opinions and humble Advice of your Council of War, convened at Bury, this Saturday, the 29th of May, 1647;

"In relation to the Votes of Parliament communicated to us by your Excellency, and your Desire of our Advice thereupon:

"Humbly shewing,

"1. That, upon the Reports come to all Quarters of the Army, concerning the Votes and Proceedings of the House, May 21th, as also of those on Tuesday May 25th, we find the Generality of the Army (as we also ourselves) much unsatisfied in the one, and something amazed and startled at the other; the First Votes of Friday coming much short of Satisfaction as to the Grievances of the Army then reported to the House, and not taking any Notice at all of some that are most material; and the latter of Tuesday importing a Resolution suddenly to disband the Army by Piece-meal, before equal Satisfaction be given to the Whole in any of the Grievances, or so much as any Consideration had of some others most material, and also before any effectual Performance of that Satisfaction which the Votes of Friday seemed to promise as to some of the Grievances: All which we shall be ready (upon a little Time given us) to represent to your Excellency more distinctly, and in Particulars.

"2. That the said Dissatisfactions, and the Jealousies occasioned upon the said Proceedings, as we fear, and by some Effects already appearing do find, may unhappily produce dangerous Disturbances, and tumultuous Actings, amongst several Parts of the Army, as they now lie dispersed and remote from the Head Quarter, especially amongst those Regiments whose Principal Officers, by neglecting and deserting their Soldiers in their necessary Concernments or just Grievances, have disobliged their Soldiers, and lost their Interest with them, in so much as such Officers are in some sort forced to withdraw from their Charges, and can scarce with Safety come at them; and to, prevent the Inconveniences, or ill Consequences, which such disturbed or tumultuous Actings might produce, either to the Countries where the Army quarters, or to the Kingdom, we humbly advise your Excellency, without Delay, to draw the Army, or at least those Parts thereof that are not fixed to certain Quarters upon particular Duty, unto a closer Posture of Quarters, so as each Regiment, Troop, and Company, may lie under the View and Over-sight of their respective Officers that are left with them, and all of them under a nearer View of, and Correspondence with, the Head Quarter, which may thus have a readier Influence upon all, for the better preserving of good Order, and Prevention of Inconveniences; and in such Posture, for the Country's Ease, to remove and shift the whole Quarter Once a Week at least, till upon further Satisfaction the Army may be quietly and orderly disbanded.

"3. That, upon the same Dissatisfactions and Jealousies, we find an extreme Earnestness and violent Propensity amongst the Soldiery to a general Rendezvous; and we verily believe that the first attempting to disband any One Regiment, before equal Satisfaction to all, and Assurance against those Things they have Cause to fear, will occasion them all to draw together, and rendezvous of themselves, as it were upon Alarm: And to prevent the Inconveniences or ill Consequences, both to these Countries and the Kingdom, of any such tumultuous or confused drawing to Rendezvous without Order, we humbly advise your Excellency, without Delay, after the Contraction of Quarters, to order a general Rendezvous for those Parts of the Army whose Quarters shall be so contracted: And this we advise and desire the rather, because of the scandalous Suggestions of some, importing as if the late Discontents appearing in the Army, and the Representations of Grievances from the Army, were not really in or from the Body of the Soldiery, but a mere Delusion or Appearance, made by the Contrivance and Artifice of some factious Officers, or other Persons in the Army; the Truth or Falshood whereof, as also the true Distemper and Disposition of the Army, your Excellency and all others may most clearly discover by such a general Rendezvous, without the Delay or Trouble of going to every Regiment apart as now they lie; the Army may more certainly understand what they may expect from the Parliament; and both Parliament and Kingdom what to judge and trust to concerning the Army: And to that Purpose, at such a Rendezvous, we shall (we hope, through the Grace of God) discharge our Duties to the Parliament and Kingdom, as well as to your Excellency and the Army, and demonstrate that the Good and Quiet of the Kingdom is much dearer to us than any particular Concernments of our own. These Two last Things we humbly advise and desire may be done without Delay, or that otherwise we may be held acquitted from all Inconveniences that may ensue in our several Charges.

"4. Since (besides the Dissatisfaction to the Army hitherto in the Points of Grievances, and the Defect of Assurance as to several of those Things promised towards Satisfaction, and besides the Jealousies occasioned upon the Votes of Tuesday last, and all the ill Consequences which may follow in proceeding thereupon) that Course of disbanding the Army by Piece-meal, before the Satisfaction intended be performed equally to the Whole, seems something strange and unusual (not practised in the disbanding of former Armies, as Major General Masseye's Brigade, the Scottish Army, &c.), nor used (that we have heard of) by any State towards any Army that was ever accounted faithful; we humbly desire your Excellency, by an effectual Letter, to move the Parliament for this (as that which we humbly offer, and do beg of them, both for their own Honour in relation to what future Armies they may have Occasion to employ, for the Reputation of (fn. 4) your Excellency and this Army, as well as for its better Satisfaction, and as they tender the Good and assured Quiet of this Kingdom, or the effectual Relief and Saving of Ireland); that they would be pleased to resume the Consideration of the Things voted on Tuesday last, and to suspend any present Proceeding thereupon; as also to resume the Grievances of the Army, together with the Things proposed in the Conclusion of the Narrative from the Officers; and to give Satisfaction, or at least some Resolution, to each of them; and that they would not think fit to put that Temptation, those Jealousies, and that Dishonour upon the Army, as to take it to Disbanding in scattered Pieces, before Satisfaction be equally given to the Whole.

"And whereas what we here desire your Excellency to move may be said (if admitted into Consideration) to tend to delay the Relief of Ireland;

"1. First, we find most clearly, that the great Hopes suggested to the Parliament, of the Supply of that Service in that Way at present intended, will prove (as to any further Expectations out of this Army) but vain and delusive, as the loud Noise of so many powerful Officers of the Army, with Fifty Companies of Foot and Ten of Horse so long since engaged for that Service, hath already proved: And if herein our Judgements be not credited, we have yet discharged our Duty to the Parliament and both Kingdoms in declaring it.

"2. We cannot but, for our own and the Army's further Discharge and Clearing, declare, That, if the Parliament had not been abused by many of those who have pretended the Promotion of that Service, and not been by such Mens false Informations or Misrepresentations concerning the Army, or otherwise, diverted from the Consideration of, or from giving reasonable Satisfaction to, the Army, in those Things proposed by the Generality of the Officers at the First Meeting at Walden in March last, in order to that Service; and not, by like mischievous Practices of such Incendiaries, been since then moved and drawn to such Things, and in such a Series and Succession, as have conduced to multiply Discontents, Discouragements, Disobligations, and Provocations, upon the Army; (we say, had it not been for such Persons, and such Things,) we are confident the Parliament might have had (if they had pleased) an Army entire and ready formed, under their old Officers and Conduct, to have engaged for that Service; having first found a just Consideration for the Service past, and Assurance of Pay and Subsistence in that to come.

Vera Copia.

"Jo. Mylles, Advocate."

Letter from the Committee for disbanding the Army; with Information of Disorders and Mutinies concerning that Business.

"To the Right Honourable the Earl of Manchester, Speaker of the House of Lords.

"My Lord,

"We came to Chelmesford this Evening, about Six of the Clock, where we met with Major Desbarough, with Three Troops of Horse, by Order from the General, to guard the Money. Field Marshal Skippon met us, and gave us this Information, "That the General went from Saffron Walden upon Tuesday last, to St. Edmond's Bury, where he yet remains." Yesterday the General writ to the Field Marshal lying at Walden, advertising him thus much, "That, at a Council of War, Matters of Concernment were voted by them; and as to the drawing out of his own Regiment to Chelmesford on Tuesday, he conceiveth there was little Hopes of doing any Thing in that Business of Disbanding till the further Pleasure of the Parliament were known, whereof he hath given Notice to both Houses of Parliament and the Committee at Derby House, expecting their further Pleasure." When we came hither, after a little Enquiry, we found that, Two Hours before we came to Town, Major Goodye's Company, who is the Major of the General's Regiment, and was then with the General at his Head Quarter, had violently broken open the Lieutenant's Chamber, and set a Musket at his Breast; and after they had possessed themselves of the Colours, they marched towards Rayne (which is in the Way to Newmarkett), where (we hear) they say will be suddenly a Rendezvous of all the Foot. The Horse likewise have ordered with Expedition to contract their Quarters. We desire your further and speedy Instructions; and in particular what Order you will give concerning the Money.

"As we were closing our Letter, Lieutenant Colonel Jackson, Major Goodee, and Captain Heyfeild, are come hither; and the Major meeting with his Company upon their Way, and demanding of them by what Order they removed their Quarters, they answered, "The Horse caused them to remove further;" expressing, "That they received Orders for that Purpose from the Agitators."

"All which we leave to your Lordship's Consideration; and rest

Chelmesford, Monday Night, 31 May, 1647.

"Your Lordship's
Most humble Servants,
Warwick. La Warr."

Constantine to be instituted to Moore Mouckton;

Ordered, That Doctor Heath give Institution and Induction unto Henry Constantine Clerk, Master of Arts, to the Rectory of Moore Mounckton, in the County of Yorke, void by the Death of the last Incumbent, Salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Great Seal of England.

Ringwood to Roydon;

Ordered, &c. That Dr. Heath give Institution and Induction unto Thomas Ringwood Clerk, Master of Arts, to the Rectory of Roydon, in the County of Norff. void by the Death of the late Incumbent, Salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation under the Hands and Seals of Sir Will'm Playters Knight and Baronet, and Sir Richard Onslowe Knight, lawful Patrons.

Norman to Bridgewater;

Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required to give Institution and Induction to John Norman Clerk, to the Vicarage of Bridgwater, in the County of Som'sett, void by the Death of the last Incumbent, Salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation thereunto under the Great Seal.

and Vaughan to Chadlington.

Ordered, &c. That Doctor Heath, or his lawful Deputy, give Institution and Induction unto James Vaughan Clerk, Master of Arts, unto the Vicarage of Chadlington, in the County of Oxon, salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation under the Great Seal.

Records sent for, from the Exchequer, concerning Sir T. Cheek's and Sir H. Mildmay's Claim to the Barony of Fitzwalter.

Ordered, &c. That "The Book of H. II. his Will," "The Red Book of the Exchequer," and The Book of the Knights Fees of Edw. I. his Time," shall be brought before the Lords in Parliament, by the King's Remembrancer in the Exchequer, or in whose Custody they now are, on Thursday next, at Ten of the Clock in the Morning, to be made Use of at the Hearing of the Cause between Sir Thomas Cheeke Knight and Sir Henry Mildmay Knight; and herein Obedience is to be given, as the contrary will be answered to this House.

Adjourn.

House adjourned till 3^a post Meridiem.

Post Meridiem.

Comes Manchester, Speaker.

Gregory's Petition, about valuing a Prize.

Upon reading of the Petition of Will'm Gregory, of Plymouth: Ordered, That the Committee for prizing Goods shall certify what (fn. 5) is the Value of an Old Vessel, an Irish Man of War, of the Burthen of Thirty Tons, taken by Captain Gibson, which lies on Tower Wharfe; and that the said Vessel shall not be disposed of, until the Pleasure of this House be farther signified.

Leech, a Pass.

Ordered, That Mr. William Leech shall have a Pass, to go into France.

Assembly to make good their Charge against Hall.

Ordered, That the Assembly of Divines shall make good that which they have against Mr. Hall on Friday next, and shew Cause why he should not have Institution; and, for Default thereof, to have his Institution.

E. of Monmouth's Petition. Morrice's D°.

The Petition of the Earl of Monmouth, was read.

The Petition of William Morrice, Vicar of Kennelworth, was read.

Ordinance to sequester Collieries in the North, belonging to Delinquents.

An Ordinance concerning the Colliers, was read the First and Second Time; and committed to these Lords following:

Any Three, to meet on Thursday next, at Nine.

Sir H. Spotswood's Petition.

The Petition of Sir Henry Spoteswood was read, and Ordered to be sent to the House of Commons.

Adjourn.

Adjourn 10² To-morrow.