House of Lords Journal Volume 9: 24 August 1647

DIE Martis, 24 die Augusti.

PRAYERS, by Mr. Younge.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Committee for Sequestrations.

Ordered, That the Committee of Lords and Commons for Sequestrations shall sit on Friday next, in the Afternoon, at the usual Place; and so from Time to Time, on the usual Days, as formely.

Petition of Persons who were maimed in endeavouring to present a Petition to the Common Council.

A Petition of divers Persons, Inhabitants of the City of London, which were maimed at Guildhall, was read.

(Here enter it.)

It is Ordered, To be referred to the Committee for examining the Fact of the Force and Violence offered to the Parliament, to examine the Particulars of this Petition; and to report to the Houses their Opinions, what Course they think fittest, to repair the Petitioners.

Brewers Petition.

A Petition of the Brewers, desiring the Excise might be taken off from Beer: (Here enter it.)

It is Ordered, To be referred to the Commissioners for Excise, who are to give an Account of the Particulars to this House, and what Engagements are upon the Excise.

Adj. Fleming recommended for an Employment.

A Letter from Sir Thomas Fairefax was read, recommending Adjutant Fleming for to have some such Employment conferred upon him as he is capable of, in regard, by his Wounds for the Service of the Parliament, he is disabled from his Service to the Parliament in that Way he is in.

Letter from L. Inchiquin.

A Letter from the Lord Inchiquin, was read.

(Here enter it.)

Scots Army in Ireland to return Home.

An Order concerning giving Notice to the States of Scotland, "That this Kingdom hath no further Use of their Army in Ulster," was read, and Agreed to.

(Here enter it.)

Ordered, That the Members of both Houses that are of the Committee of both Kingdoms do communicate the abovesaid Order to the Scotts Commissioners.

Declaration concerning Chapels, &c. of Bishops.

A Declaration of both Houses, concerning the Churches and Chapels belonging to Bishops, was read, and approved of. (Here enter it.)

Hawkin's, a Pass.

Ordered, That Mr. Hawkins shall have a Pass, to go beyond the Seas, with his Man, and Two Horses, Custom-free.

Message to the H. C. about the following Particulars.

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

1. To deliver to them the Report concerning the King's Privy Purse; and desire that some Course may be taken to supply the King therein.

2. To desire Concurrence in the Pass for the Lord Willoughby, with the Horses, to go into France.

3. To desire Concurrence in the additional Ordinance concerning the Regulating of the University of Oxford.

4. An Order for the Visitors of Oxford to meet de Die in Diem.

5. To put them in Mind of Captain Gualter's Petition.

6. To desire Concurrence for Mr. Hawkins and his Man to go into France, with Two Horses.

Petition of Persons who were wounded by General Massey's and Poyntz's Troops, when they were endeavouring to present a Petition to the Common Council, while the Speakers, &c. were with the Army.

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

The humble Petition of divers Inhabitants of the City of London, who were cut and wounded at The Guildhall of the said City, on Monday the 2 of Aug. 1647;

Sheweth,

That your Petitioners, and many other Citizens of London, being deeply sensible of the destructive Designs of some who laboured to foment a new War in this City, joined, to the Number of Three Thousand, or thereabouts, in a Petition for Peace, directed to Lord Mayor, Aldermen, and Commons of the said City, in Common Council assembled; and went, unarmed, in a peaceable Manner, unto The Guildhall, to present the same, on the Day abovesaid: And in regard the Court was not sat, but shortly expected (according to Appointment) to sit, the Petitioners attended at the Common Council Door, and in the Hall and Yard there, to deliver their said Petition into the Court, and had appointed One or more (if Occasion were) to speak thereto; at which Time an Alderman, coming to the Common Council Door, laid Hands on One of the Petitioners, who was so appointed to speak, and endeavoured by Force to pull him to the Committee of the Militia then sitting, thereby to terrify the Petitioners; which not taking Effect, the Lord Mayor came to the said Door, and, in a violent Manner, did strike and thrust some of the Petitioners, urging to have the Petition from them, and bidding them to be gone; and when his Lordship returned back towards the Militia Door, presently after came down thence Major General Poynes, and divers Reformadoes with him (Major General. Massey being gone out before); and the said Poynes, with his Reformadoes, when they came to the Lower End of the Yard, and had got more of their Party together, returned back with drawn Swords, and fell upon the Petitioners in the Yard, calling them "Independent Dogs and Rogues;" saying, "They would give them Peace;" and wounded above Thirty of them; killed One out-right; and another (if not more) is since dead; some of them are maimed, divers of them had Four or Six Wounds apiece, and have thereby lost their Trades, and are put to great Pain, Charges, and Expences.

And while this Cruelty was in acting, Major General Massey, with a great Party more of Reformadoes, came into Bassishaw Streete, with their Swords drawn, where some of the Petitioners (who had escaped that Way from the former Violence) were afresh assaulted by the said Massey, and a dangerous Blow made by himself at the Petitioners.

"Notwithstanding all which, the said Poynes and Massey were suffered to ride up and down the Streets both that Night and the next Day, without any Controll, or Endeavours used to apprehend them for the Murder and Riot aforesaid: Neither hath so much as Search or Hue and Cry been made after the said Poynes or the other Murderers, nor Mention made of the Slain in the Weekly Bills of Mortality. All which your Petitioners are ready to prove upon Oath, if required.

Your Petitioners therefore most humbly pray, That some effectual Course may be taken, for the apprehending and punishing of the said Rioters and Murderers, and of all those who have aided or abetted or countenanced them in their Outrages aforesaid; and that your Petitioners may have Reparations, for their Wounds, Losses, and Sufferings, out of their Estates, in such Manner as your Honours in your great Wisdom shall think meet; most of them being disabled to work, or follow their Trades, which was their only Maintenance.

"And your Petitioners shall ever pray, &c.

London Brewers Petition, to take the Excise off Beer.

To the Right Honourable the Lords now assembled in the High Court of Parliament.

"The humble Petition of the Company of Brewers of the City of London, and Four Miles Compass of the same:

"Sheweth,

"That, notwithstanding the Strangeness of the Excise to the Free-born Subjects of this Kingdom, and the Inequality of it, lying almost wholly on Trade, and more (in many Particulars of it) on the Poor than on the Rich, your Petitioners (though to their exceeding Prejudice, and the Ruin of many of them) did submit thereunto; well hoping that such a grievous Yoke would long since have been removed, and the Public Charges of the Kingdom reduced to some other equal Way: But that the Excise of Strong Beer and Ale (though a Native Commodity) is Four Shillings in the Pound, which, contrary to the Practice of the Excise paid in that only Place of The Low Countryes, is laid on your Petitioners the Sellers of the said Commodity, and not on the First Buyers; inforcing your Petitioners (in regard of the Manner and Nature of their Trade) to disburse great Sums of Money, which they cannot afterward receive; and their Strong Beer and Ale itself is generally for the Service of the Poor, who necessarily make Use of it in their Families, as the cheapest Food and chiefest Nourishment, and with which and Bread they can well discharge the hardest Labour: That, since the Discharge made by Parliament on the Particulars of Flesh and Salt, the certain Notice that some Counties of the Kingdom never paid any Excise, most Counties now refuse, and that Malt is grown to an extraordinary Price, being about Forty Shillings per Quarter, and the late Proposal of his Excellency and the Army concerning this Particular of Excise, all Sorts of People generally refuse to pay any Excise; and your Petitioners (who, by reason thereof, are become in Arrears to the Excise Office) are yet daily threatened, and some of them have been actually distrained, for that Excise which they cannot receive; which Practice of the Officers of the Excise, if prosecuted, must needs wholly ruin and destroy your Petitioners, and those Thousands of Families that depend on their Employment.

Your Petitioners therefore humbly pray, that this Particular of Excise be taken off, from so native and necessary Commodity as Beer and Ale; not only to prevent Mutinies amongst the poorer Sort already exceeding clamorous herein, but also to preserve your Petitioners, many of which have constantly evidenced their good Affection to the Public, from utter Ruin and Destruction.

And your Petitioners shall ever pray, &c.

Letter from the Earl of Inchiquin, with an Account of his Success against the Rebels in Ireland; and desiring Supplies for his Army.

"To the Right Honourable my very good Lord, the Earl of Manchester, Speaker of the Lords House.

"Right Honourable,

"Having spent some Time the Two last Months in the Field, in Pursuit of the Rebels Army in this Province, and being not able to draw them to any Encounter; I took Castles in the County of Lymerick, and put some competent Wards into Two of them, (videlicet) Castle Matrix and Ballyngarry, and withdrew myself out of that Country, in Expectation to engage the Rebels Army before them, who accordingly advanced to Ballyngary: Upon Notice whereof, I marched with all possible Speed to the Relief of that Place, with full Confidence to have found the Rebels there engaged, and to have had an Encounter with them, which had sorted effectually to the Ruin of their Army, and Loss of their Ordnance, if the Captain intrusted with the Defence of the Place had not most unworthily surrendered it, (fn. 1) within the Time I had prefixed and promised him by Letter to come to his Relief, being in no Measure necessitated thereunto. And being thereby unfortunately disappointed of a desired and designed Meeting with the Rebels Forces, I directed my March towards that Part of the Country where my Intelligence advertised me they were most probably to be found. Upon my March, I casually met with an entire Company of Rogues, commanded by one Captain Den, of whom I slew about Twenty-three, and took the Captain, Lieutenant, Ensign, and Twenty-seven Soldiers Prisoners, with some Fourscore spare Arms, besides those the Men marched with, designed for a Regiment then a raising by Sir Edmond (fn. 2) Firt Gerald. Hence I continued my March towards the Rebels Army, whom I traced, by my Intelligence, into a very great Fastness in the County of Lymerick, called Isterboy, upon the River of Mulkerne, where they had designed to secure themselves from fighting with our Forces until the Horse (then not above Thirteen Hundred) were compleated Two Thousand, and their Foot (then Two Thousand) raised Four Thousand or upwards. To frustrate which Dependency, I resolved of forcing that Pass (though very streight and difficult); and, by God's Assistance, after a hot Dispute of some Three Hours Continuance, gained the same (against all the Disadvantages we found on our Part) on Tuesday the Third of this Instant. And having beaten off and routed about Nine Hundred of their Horse (all they had that Day present), and about the like Number of their Foot, did pursue the Chace for the Space of Six or Seven Miles, where the Execution was but small (not above a Hundred being killed upon the Place), though many more wounded, in regard the vast adjacent Bogs and Woods gave present Shelter to the Rebels, and the general Weakness and present Weariness of our Horse disabled us to make any vigorous or quick Pursuit. In this Conflict, we took about Two Hundred of their Service Horses, and killed and wounded very many more, as they pressed upon our Foot at the Pass, where our Men was once driven to a Retreat. Having thus broken and dissipated their Forces, and pursued them out of Reach, and possessed ourselves of a small Prey of Cattle (about Two Hundred Head) which the Rebels in their Fight led us unto, with much other good Plunder, whereon the Soldiers made speedy Seizure, we returned over the aforesaid Pass, and marched that Night to a Castle belonging to one Jurdan Roch, within Half a Mile of the City of Lymerick; the Ward whereof, observing the Defeat given their Army, surrendered unto us upon Summons, and Quarter only for their Lives, in which Place we reposed the remaining Part of that Night; and, upon the coming in of our Horse, found that some Troopers had pursued the Rebels over the River of Shannon (rarely passable in those Parts) into the County of Thomond; and considering that most of the Cattle belonging to the County of Lymerick were driven from before our Army over that River, I resolved to make an Incursion into that Country; to facilitate which, I secured all my sick and wounded Officers and Soldiers, with the Baggage and Carriages, at a Castle lately taken, under a good Guard, and marched with the Army Two or Three Miles towards our own Quarters; but, in the Evening, faced about, and commanded a Party of Six Hundred Musketeers and as many Horse to march away, and pass over the most convenient Ford they could be guided unto; and drew up the rest of the Army speedily after, to secure that Party against any of the Rebels rallied or new-raised Forces. The Party, being got over the Water, was disposed into several Divisions, and commanded several Ways, under such Officers as best knew the Country; One whereof being under Sir Mathew Cousiden (who commands a Horse Troop under my Son) happened to take an Irishman Prisoner, who, to save his Life, discovered to the Lieutenant where my Brother Christopher Bryen, Captain Lieutenant Colonel of Horse amongst the Rebels, with some other Officers that were labouring to rally their late broken Troops, lay at a Tenant's of mine: Upon which Intelligence, Cousiden desists from seeking after any Prey, hastens to the aforesaid House, and surrounded it very early; notwithstanding which, my Brother and some of the Officers had made Shift to get on Horseback, and, finding no Possibility of Escape, submitted themselves; some whereof, in regard we had several Officers Prisoners to the Rebels, I permitted to go, on their Paroles, for procuring their Exchange; but my Brother I have brought with me to Corke, affording him such Usage as may both secure his Person, and suit with my Desires and Endeavours of bringing him to embrace the Reformed Religion; whereof if I should fail, I shall then desire that he may be commanded thither. The rest of this Party made themselves Masters of a considerable Prey of Cattle, of about Three Thousand Cows and Eight Thousand Sheep, a great Part of them taken upon my own Lands, with other very good Plunder: But at Night, the Soldiers being very much wearied, and unable to attend the Prey with so much Vigilancy as was necessary, the Country being full of Woods, and the Cows by Driving and Loss of their Calves grown wild and unruly, One Half at least of the Prey was embezzled, many Irish lying skulking in the Woods to catch up what should slip from the Drove, the Waters also being not fordable by the Sheep; notwithstanding which, and the great Slaughter and Havock made by the Soldiers, we have brought Home near Two Thousand Head of Cattle, whither we are inforced to retire for some short Time, to refresh our extremely wearied and weakened Forces, and to provide Shoes both for Horse and Foot, with a Resolution to be suddenly abroad again, if it be possible so to improve my short Stay at Home as to put the Soldier into any tolerable Condition of Marching, which, in case the Weather should prove foul, as after so unusual a Dryness may be expected, will be exceeding difficult to accomplish, very many of them being upon the Matter naked, and few or none provided of Shoes to their Feet. So that, as I must necessarily make humble Suit for a general Consideration to be had of our general Wants, so I humbly beg that our particular Wants of Cloathing may be duly weighed, with the near Approach of the Cold and Winter Weather: And reposing herein (as in all other Matters) on the pious Care of the Honourable Houses; I shall speedily apply myself to the Prosecution of such a Course in the County of Tipperary as I have lately put in Practice on the County of Lymerick; where if it please the Lord to vouchsafe us the like Success, I am most confident the Employment of the Army that Way will prove of best Advantage to the State, whether we consider our own Support or the Rebels Prejudice, for our own Subsistence. We have, during our last Week's Abiding in the Field, exhausted no more of the little Provisions left us, but some Six Days Provisions of Biscuit, and One Pound of Cheese for every Common Soldier that marched forth; but have raised the rest of our Livelihood on Beans, Pease, and Flesh, gained in the Rebels Country, where, to their Prejudice, the Damage done them, by burning the Corn and Houses of such as would not submit to a Contribution for Relief of our Army, in which Kind most of all the Inhabitants of the Liberties belonging to the City of Lymerick were Sufferers, and by Preys, cannot be computed at less than Eighty Thousand Pounds; whereby the Rebels are not a little disabled either to raise or support an Army; that which they had lately on Foot in this Province being so dispersed, as that they despair of reinforcing it, unless they can procure Owen Roe (to whom they make Application in that Behalf) to yield them his Assistance; which they give out they have obtained, supposing Preston to be able to answer all Attempts of our Leynster or Ulster Forces, and the Connaght Rebels to defend themselves against Sir Charles Coote. To expedite (fn. 3) these Affairs, they have, as my Brother informs me, a general Rendezvous this Day at Cashell; where their Consultations shall not want a seasonable Interruption, if the Alteration of the Weather and the Invincibleness of our Wants do not protect them. It will not, I hope, seem impertinent, if I make bold, for satisfying some Expectations, to present my Reasons to the Honourable House, for not attempting any considerable Strength or Fortifications of the Rebels, as Killmallock or any other Walled Town, since the taking in of those Frontier Garrisons of Caperquin, Dungarvan, &c.; the principal whereof is, That the Taking and Engarrisoning of any important Piece would have required from the Army so considerable a Proportion of Men, as would have disabled the Residue (which, in Place not capable of Recruiting, must daily impair) from keeping the Field, and doing these Prejudices to the Enemy with so much Advantage to ourselves. In the next Place, the general Want of Carriages, and Draught for the Artillery and Provisions, and the Difficulty of marching with them in the County of Lymerick where the Ways are extreme bad, were Impediments not to be overcome; besides Want of Bread for any competent Time to engage before a Walled Town, which, before this Defeat given the Rebels, would have afforded them an Opportunity to destroy all our Quarters; whiles not their Army, but our own Wants, would have raised our Siege. But, having considered seriously of attempting some Service of that Kind, it is conceived that Clonmell will be more convenient for such a Design than Killmallock, in regard by it we shall reduce the most Part of the County of Tipperary, into which I now intend to draw, as being the nearest and likeliest Means of diverting those Forces which oppress our Quarters about Dublin; having a Promise from a Person of Quality in the County of Lymorick, that an important Place in that County, capable of One Hundred Horse and Two Hundred Foot to lie in Garrison, with good Store of Provisions to support it, shall be delivered to me, at the End of Harvest; so that, if it shall please God, by the seasonable Access of those Supplies expected thence, to enable us to attempt and carry Clo'mell, we must then resolve of setting down the Army in Garrison, and of applying ourselves only to destroy the Rebels Quarters by Incursions in several Parties. In Pursuance whereof, shall be stedfastly employed the most faithful and earnest Endeavours of

Corke, 12th Aug. 1647.

"Your Lordship's
Humble Servant,
Inchiquine."

Bishops Chapels to be fold, with their Palaces, &c.

The Lords and Commons in Parliament assembled do declare, That the Clause in the Ordinance of the 16th of November, of the Sale of Bishops Lands, which excepts the Sale of Churches, Chapels, and Places of Burial, shall not extend, nor is intended to extend, to hinder the Sale of any Private Chapel, in or belonging to the Palaces and Mansion-houses of the late Archbishops and Bishops; but that the said Private Chapels may and ought to be sold, together with the said Palaces and Mansion-houses, notwithstanding any Clause in the said Ordinance contained."

Vote for the Scots Army in Ireland to be sent Home, and to receive their Arrears that are due.

Upon a Report from the Committee of Lords and Commons for the Affairs of Ireland at Derby House, it is Resolved, That this Kingdom is not able to pay the Scotts Army now in Ireland any longer; and whereas, by the Thirteenth Article of that Treaty, it is Provided and Agreed, That, at any Time after the Three Months then agreed upon for the Entertainment of the Scottish Army shall be expired, and that the Two Houses of Parliament, or such Persons as shall be authorized by them, shall give Notice to the Council of Scotland, or the Lord Chancellor there, That, after One Month from such Notice given, the said Two Houses of Parliament will not pay the Scottish Army now in Ireland any longer, that the said Two Houses shall not be obliged to pay the said Army any longer than during the said Month: It is thereupon Resolved, and the Two Houses of the Parliament of England do declare, That they will, as abovesaid, and do signify, That they will pay the said Scottish Army no longer, but will carry on the War there with their own Forces: The said Houses do farther declare, That, in case any Thing shall appear to be due unto the Scotts over and above what they have already received, they will take Care that due Satisfaction be given.

"And whereas, by the Twelfth Article, it is agreed, That the Scottish Army shall receive their Discharge from the King and Parliament of England, or such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that Purpose; and that there shall be a Month's Warning before-hand of their Disbanding; which Discharge and Month's Warning shall be made known by His Majesty and them to the Council of Scotland, or the Lord Chancellor, a Month before the Disbanding thereof; and that the Common Soldiers of the Scottish Army, at their Dismission, shall be allowed Fourteen Days Pay, for the carrying of them Home: It is thereupon Resolved, That the said Two Houses of Parliament will declare the said Discharge; and they will also provide the Money for the Fourteen Days Pay aforesaid.

"Resolved, by the Lords and Commons in Parliament assembled, That it shall be communicated, by the Members of both Houses that are of the Committee of both Kingdoms, to the Commissioners of Scotland here; and that it be sent from both Houses to the Commissioners of the Parliament of England now in Scotland, to be by them communicated to the Parliament there, or the Chancellor, according to the Treaty in that Behalf; and that it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to consider in what Way and Manner the Resolution of both Houses for the Discharge and Dismission of the Scotts Army in Ireland may be signified to the Parliament of Scotland, or Chancellor, according to the Treaty, as aforesaid."

Denny to be instituted to Babworth.

Ordered, That Doctor Heath give institution and Induction unto Tho. Denny Clerk, Master of Arts, to the Rectory of Babworth, in the County of Nottingham, void by the Death of Henry Johnson Clerk, the late Incumbent; salvo Jure cujuscunque; Presentation under the Hand and Seal of Tymothy Pusey, Esquire, Patron.

Adjourn.

House adjourned till 10^a Thursday .