House of Lords Journal Volume 6: 26 May 1643

DIE Veneris, videlicet, 26 die Maii.

PRAYERS.

Earl of Manchester, Speaker.

The Messengers sent to the House of Commons Yesterday, with a Message touching the Earl of Bath, return with this Answer:

Answer from the H. C.

That the House of Commons will send an Answer by Messengers of their own.

The Messengers sent Yesterday, to the House of Commons return with this Answer:

Ditto.

That they have delivered their Message, That their Lordships do agree with them in the Answer to the Paper of the Earl of Lyndsey's; and that their Lordships have appointed a Committee to examine the Witnesses concerning the ill Usage of the Prisoners at Oxford.

Jennings's Cause.

Ordered, That Auditor Phillips, and Auditor Povey, and the Counsel of Sir Tho. Dawes, shall attend the Hearing of Mr. Jennings's Cause To-morrow.

Message from the H. C. about some Letters of L. Willmot's intercepted, and about the Prisoners at Oxford;

A Message was brought from the House of Commons, by Sir Henry Mildmay:

To desire a Conference, touching some Letters of the Lord Willmott's, which are intercepted; and touching the Prisoners at Oxford.

and Orders for Concurrence.

2. They desire their Lordships Concurrence in Two Orders.

Answer.

The Answer returned was:

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

And concerning the Two Orders, this House will send an Answer by Messengers of their own.

Order for raising Money for Sir Wm. Waller's Army.

An Order for raising Monies, for Maintenance of Sir Wm. Waller's Forces, was read.

Ordered, To be referred to the Consideration of these Lords, who are to report their Opinions to this House:

Any Five, to meet when they please, and where.

Huntingdon associated with Cambridge, &c.

"Whereas the County of Hunt. was, by a former Ordinance of both Houses, associated with the Counties of Leycester, &c. It is this Day Ordered, by the Lords and Commons in Parliament, That the said County of Hunt. be discharged from that Association, and be associated with the Counties of Cambridge, Hertford, Essex, Norff. and Suff."

Captain Vaughan's Complaint against Captain Flood, for encouraging a Fray between their Companies.

"Upon reading the Petition of Captain Oliver Vaughan, Captain of the Trained Band of the Liberty of Fynsebury, and Wenlocks Barns, in the County of Midd. shewing, That, by virtue of a Warrant from the Lord Lieutenant and Deputy Lieutenants of the County of Midd. on Wednesday last he had his Company abroad, with divers Men and Women to the Number of Three Thousand, who were very much abused by one Captain Flood, Captain of a Company of Auxiliaries, that did Three Times that Day with his Company cross the Petitioner's Company, and divided them, and animated his Company to fight; and the said Flood drew his Sword against the Soldiers, and bid his Soldiers now stand for their Lives, and threw Clods of Earth, and abused the said (fn. 1) Vaughan with base reviling Speeches, to the Disheartening of his Soldiers."

The House taking this into Consideration, as a Business which will grow to much Danger unless some speedy Course herein be taken; it is Ordered, That the Parties shall attend this House on Monday Morning next, with the Witnesses; and this House will examine this Business, and do therein according to Justice.

Bedborow, a Pass.

Ordered, That Henry Bedborowe shall have a Pass, to go, with a Horse and Bridles, and Head-stalls and Reins, &c. to Oxford.

Rosse, a Pass, with Necessaries for the King, &c.

Ordered, That Hugh Rosse shall have a Pass, to go to Oxford, and return again to London, with Boots, Shoes, Stockings, Hats, and other Necessaries, for His Majesty's Use, and the Prince, and the Duke of Yorke, provided the Things be searched before they go.

Fitchett and Shallaker's Petition, for Money due for Firing.

Upon reading the Petition of Wilkes Fitchett, and Wm. Shallaker; shewing, "That there are great Sums of Monies due to them, for Firing they have served this House with:" It is Ordered, That their Petition shall be recommended to the House of Commons, that they would take some Course for the satisfying of the Petitioners.

Message to the H. C. with it; and about associating Huntingdon with Cambridge, &c.

A Message was sent, to the Houseof Commons, by Sir Edward Leech and Dr. Bennett:

To let them know, that this House agrees with them in the Order concerning associating the County of Hunt. with Norff. &c.

2. To deliver the Petition of Fitchett and Shallaker.

Orders from the H. C.

Next, was read an Order formerly brought up from the House of Commons, for an Allowance out of the Sequestrations to the Lord General. (Here enter it.)

Agreed to.

Next, an Order was read, for digging of Salt-petre, and making of Gunpowder.

Committee to consider of them.

Ordered, To be committed to (fn. 2) the same Committee as was this Day appointed to consider of the Ordinance for raising Monies for Maintenance of Sir Wm. Waller's Forces; and Mr. Justice Bacon is to attend the Committee for the Ordinances, and to meet To-morrow in the Afternoon, at Two of the Clock.

Disposing of the Money taken about Mr. May.

Next, an Order was read, concerning the disposing of the Money taken about Mr. May.

Ordered, To be expressed at a Conference, "That this House agrees not with the House of Commons in this Order, because their Lordships have written to the Lord General formerly concerning the disposing of this Money; and to let them know, that the Money is not his own, but his Brother's."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Treatment of the Prisoners at Oxford, and about Letters of L. Wilmot's intercepted.

The Speaker reported the Effect of the Conference; which was, "That the House of Commons communicated to their Lordships an Information of the cruel Usage of the Prisoners at Oxford, taken at Ciciter; this Relation being from Elis Brooke and Tho. Fisher.

"And further they received Information, That the Earl of Foorth, General of the King's Army, sent to the Governor of Bristoll, to let him know, That whereas some are judged by the Council of War to die for the Conspiracy of betraying that City, and told him that, if there be any of the Persons condemned executed, Mr. George and other Prisoners at Oxford shall suffer the like: Upon this, Mr. Fynes returned him an Answer, That he had Pledges enough to secure his Friends at Oxford.

"Next, Two Letters of the Lord Viscount Willmott's (fn. 3) were read, being intercepted going to Oxford, giving Intelligence, (fn. 3) what is done in Parliament, and giving Counsel what is fit to be done at Oxford.

"The House of Commons, upon these, have made Votes, wherein they desire their Lordships Concurrence:

Commons desire that the Prisoners on Parole may be restrained;

"That those Prisoners that go at large upon Bail, or upon Engagement of Honour, may be restrained, upon the Occasion of the Letter written from the General of the King's Forces to the Governor at Bristoll."

Not Agreed to by the Lords.

that L. Wilmot may be secured and examined;

"2. The House of Commons desires that the Lord Willmott may be secured by straight Imprisonment; and that he may be examined concerning himself, and then upon Oath concerning others, upon such Interrogatories as shall be prepared, and in the Presence of Members of the House of Commons."

Ordered, That the Lord Willmott shall be examined this Afternoon; and that this House will consider further concerning his Restraint.

and that the Lords will pass an Ordinance about the Prisoners.

"3. They desire, upon this Occasion, that their Lordships will pass the Ordinance concerning the Prisoners."

Committee to examine L. Wilmot.

Ordered, That these Lords following are appointed to examine the Lord Willmott, in the Presence of some Members of the House of Commons:

Their Lordships, or any, to meet this Afternoon, at Three of the Clock, in the Lord Keeper's Lodging.

Message to the H.C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let them know, that their Lordships have appointed a (fn. 4) Committee of Lords, to examine the Lord Willmott, and have appointed to meet this Afternoon, at Three of the Clock, in the Lord Keeper's Lodging.

L. Wilmot to attend P. M.

Ordered, That the Gentleman Usher attending this House, or his Deputy, shall bring the Lord Willmott before the Committee this Afternoon, to be examined.

Order for 10,000 l. a Year to be paid the Lord General the Earl of Essex, out of Delinquents Estates.

"Whereas Robert Earl of Essex, General of the Forces raised by the Parliament, hath been plundered, robbed, and spoiled, of his Goods and Estate, amounting to a great Value, by divers Traitors and Rebels, who, by Colour of His Majesty's Authority, have levied War against the King, Parliament, and Kingdom; and whereas the Debts due to and Rents of the said Earl are, by Warrant from William Comberford, the pretended High Sheriff of the County of Stafford, commanded to be paid to himself, who thereby suggesteth to derive his Power for the so doing thereof by special Command from His Majesty, styling the said Earl "an active Rebel:" The Lords and Commons, taking this into their serious Consideration, have thought fit, that the said Earl may receive Satisfaction in some Measure for the great Losses he hath sustained, occasioned principally by his Conformity to the Commands of both Houses of Parliament, by whose Authority he bears that Place, to Order and Ordain, and be it Ordered and Ordained, by the Lords and Commons in this present Parliament assembled, That Ten Thousand Pounds, of lawful Money of England, be Yearly paid to the said Earl and his Assigns, out of the Monies raised, or to be raised, by virtue of an Ordinance of the Lords and Commons now assembled in Parliament, for the seizing and sequestering of the Estates, both Real and Personal, of notorious Delinquents, and other Persons named in the said Ordinance: And it is further Ordered and Ordained, by the said Lords and Commons, That the Treasurers at Guildhall, London, intrusted and deputed by the said Ordinance to receive the said Money due upon the said Sequestrations, shall pay the said Sum of Ten Thousand Pounds Monthly unto the said Earl, by equal Portions; and that the Acquittance and Discharge of the said Earl, under his Hand and Seal, or of such Person or Persons as he shall depute under his Hand and Seal to receive the said Monies, shall be a sufficient Warrant and Discharge for the said Treasurers deputed and entrusted by the said Ordinance, for the Payment of the said Monies."