House of Lords Journal Volume 8: 24 December 1646

DIE Jovis, 24 die Decembris.

PRAYERS, by Mr. Langley.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Examination of Col. Villiers and Hill, about the Attempt to carry away the D. of York.

The Earl of Manchester reported, "That the Committee concerning the Duke of Yorke met Yesterday, and examined Colonel Villiers and Lewis Hill, and read the Examinations; and that the Committee were in Debate whether to go to the Duke of Yorke to speak with him about this Business, and to ask him some Questions; but they having not Power to do it, thought it fit to receive the Directions of the House herein."

And the House appointed the Earl of Northumb. Earl of Manchester, Earl Mulgrave, and Lord Howard, to go to the Duke of Yorke, to speak with him, and ask him such Questions as they shall think fit concerning this Business; and to send to the House of Commons, to send some of their Members, if they shall think fit.

Watson to be attached about it.

Ordered, That Watson, a Harbinger, shall be attached, and brought before this House, upon the Report now made concerning the Duke of Yorke.

Letter from the King.

The Speaker acquainted the House, "That last Night a Letter was delivered to him, from the King at Newcastle, dated the 20th of Dec. 1646, directed thus,

"For the Speaker of the House of Peers pro Tempore; to be communicated to the Lords and Commons in the Parliament of England assembled at Westm. and to the Commissioners of the Parliament of Scotland at London."

The Letter was read, as follows. (Here enter it.)

Ordered, That this Letter be communicated to the House of Commons by Message.

Trvon and Wright.

Upon hearing the Counsel between Moses Tryon and Christofer: It is Ordered, That the Institution and Induction to Tryon's Clerk to Bulwicke shall stand good and take Place, and be put into Possession; and if Wright will stand upon the Point of Simony, he may have a Trial at the Law.

Boilston and Poole.

Upon hearing the Counsel of Boilston and Poole: It (fn. 2) is Ordered, That the Institution and Induction to Mr. Boilsten, presented by the University of Cambridge, shall stand and take Place, and be in Possession; and if that Stitch will, he may try his Title at Law.

Repairs about St. Paul's.

Upon reading the Petition of the Lord Mayor and Court of Aldermen of London, concerning the Repairs to be done about Paul's Church: It is (fn. 3) Ordered, To put the House of Commons in Mind of an Order sent down to them concerning this Business.

Ordinance to amend the Oath of the Surveyors of Bishops Lands.

The Alterations in the Ordinance concerning the Oath to be given to the Surveyors of the Bishops Lands; and this House agreed with the House of Commons therein. (Here enter it.)

The Earl of Northumb's Report from Derby House; which was read:

"Die Mercurii, 23 Dec. 1646.

"At the Committee of both Kingdoms, at Derby House.

Scots Commissioners going to return Home.

"Ordered, That it be reported to both Houses, That the Scotts Commissioners are within Four Days to repair to Scotland; and that they desire to know of the Parliament of England, if they have any Service for them to the Parliament of Scotland."

Committee to give them the Thanks of this House.

It is Ordered, That the Earl of Northumb. Earl Warwicke, Earl of Manchester, Earl Stamford, Earl Sarum, and Lord North, are appointed to go to the Scotch Commissioners, and give them Thanks from this House for their great Care and Pains, and to wish them a good Journey; and to go at Two a Clock Tomorrow post meridiem.

Message to the H. C. to acquaint them with it; for Committees to go to the D. of York; and with the King's Letter.

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

1. To deliver to them the Report from the Committee of both Kingdoms; and to let them know, that this House hath appointed Six Lords to go to the Scotts Commissioners To-morrow in the Afternoon, to give them Thanks for their great Care and Pains, and to with them a good Journey.

2. To let them know, that this House hath appointed Four Lords to go to the Duke of Yorke, to ask him some Questions; and to desire, if they think fit, to send any Members of their House with them.

3. To communicate to them the King's Letter.

Moyle to be attached for Contempt of the Order about L. Cromwell.

Upon reading the Affidavit of George Carpenter; complaining, "That he shewed the Order of this House to Wm. Moyle, and the Attorney of Page, who had made Attachments of the Lord Cromwell's Money, and refused to restore it according to the Order of this House; and Moyle told him, he would not withdraw his said Attachment."

It is Ordered hereupon, That Moyle shall be attached, and brought before this House to answer the same.

Ordinance to appoint Commissioners of the Greac Seal.

The Earl of Northumb. reported, "That the Committee of both Houses appointed to consider of the disposing of the Great Seal of England have met; and the Number of Three is resolved upon to be Commissioners of the Great Seal; and they have propounded Three Persons, videlicet, Mr. Challoner Chute, Sir Tho. Bedingfield, and Sir (fn. 4) Thomas Wansford; these to continue for Twelve Months: Which the Committee offers to the Consideration of the House."

The Question was put, "Whether Sir Thomas Beddingfeild shall be One of the Commissioners of the Great Seal of England?"

And it was Resolved in the Affirmative.

The Lord Wharton signified to this House, "That Sir (fn. 4) Rowland Wansford doth humbly propound, that, if it may be without Offence, their Lordships would dispense with him from being One of the Commissioners."

And upon this the House dispensed with him.

The Question being put, "Whether Mr. Challoner Chute shall be One of the Commissioners of the Great Seal?"

And it was Resolved in the Negative.

Resolved, That the further Debate of this Business shall be put off till To-morrow Morning.

E. of Cleveland's Leave prolonged.

Ordered, That the Earl of Cleveland shall have further Time given him to be at his own House, for Four Months longer, upon the same Security he now stands; and the Concurrence of the House of Commons to be desired herein.

Hurlston & al. a Pass to Holland.

Ordered, That Henry Hurlston shall have a Pass, to go into Holland, with Edward and John Williams, Servants.

Message to the H. C. about the E. of Stamford's Business.

A Message was sent to the House of Commons, by Doctor Heath, &c. To put them in Mind of the Earl of Stamford's (fn. 5) Business, he being to go upon the Service of the Parliament.

"An Additional Ordinance of the Lords and Commons assembled in Parliament, for the Alteration and Explanation of the Oath formerly appointed to be taken by the Surveyors of the Bishops Lands, and for the better enabling of the Trustees for Bishops Lands named in the former Ordinances to discharge the Trust in them reposed.

Ordinance to amend the Oath of the Surveyor of Bishops Lands.

"Be it hereby Ordained, by the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That, instead of the Oath formerly appointed to be taken by Surveyors of the Bishops Lands, this Oath following shall be taken by them respectively, in hæc verba:

"I A. B. do swear, That I will faithfully and truly, according to my best Skill and Knowledge; execute the Place of a Surveyor, according to the Purport of Two several Ordinances, the one intituled, "An Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for settling of their Lands and Possessions upon Trustees for the Use of the Commonwealth;" the other intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for appointing the Sale of the Bishops Lands for the Use of the Commonwealth;" and, according to the Instructions thereunto added, I shall use my best Endeavour and Skill to discover the Estate therein mentioned, and every Part thereof, which shall be given me in Charge; and, to find out the true Values and Improvements thereof, shall make true Surveys according to my best Skill and Cunning, and the same from Time to Time deliver in Writing, close sealed up, unto Henry Elsing Esquire, Register in that Behalf appointed, together with a true Copy or Duplicate thereof, likewise close sealed up, unto the said Trustees, or any Two of them, according to the true Intent of the said recited Ordinances: And this I shall justly and faithfully execute, without any Gift or Reward directly or indirectly, from any Person or Persons whatsoever, except such Allowances as the said Trustees, or the major Part of them, shall think fit to make unto me for my Pains and Charges in the executing of the said Place or Office.

"And be it further Ordained, by the Authority aforesaid, That the said Trustees, or the major Part of them, shall have Power, and are hereby authorized, from Time to Time, to call to Accompt any Surveyor or Surveyors, or other Officers by them named and appointed; and if they shall find them, or any of them, defective or unfaithful in Performance of the Duties or Trust in them reposed, then to remove them, or any of them, which they shall find so defective or unfaithful, and to nominate and appoint others in their Steads: Nevertheless it is hereby Ordained and Declared, That the Copies of Duplicates of all Surveys to be returned to the said Trustees as aforesaid, so soon as Assurances shall be made to the Purchasers of the Lands or other Things therein contained, shall be forthwith delivered over, by the said Trustees, or the major Part of them, unto the Register aforesaid, to be bundled up and safe kept by him, in like Manner as the other Part of the said Surveys returned to him by the Surveyors is appointed to be kept; and that the said Trustees, or any employed by them, do not make Entry of, or at any Time make or deliver out, any Copies of the said Duplicate, for the Use and Benefit of any private or particular Person, or otherwise, to the Prejudice of the said Register.

"And be it lastly Ordained, That this present Ordinance shall be printed, and published in all Counties, and other Cities, Towns Corporate, Parishes, Towns, Hamlets, and other Places, where the said Trustees, or the major Part of them, shall think fit; that the Care of the true Printing thereof is hereby referred to the said Trustees, or the major Part of them."

Medbury to be instituted to Islip.

"Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Thomas Medbury Clerk, to the Church of Islipp, in the County of Northampton, Salvo Jure cujuscunque; the said Mr. Medbury taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of the Right Honourable Elizabeth Countess Dowager of Peterborough, Patroness."

Letter from the King, desiring to come to London, that He may treat with the Houses.

"CHARLES R.

"His Majesty's Thoughts being always sincerely bent to the Peace of His Kingdoms, was and will be ever desirous to take all Ways which might the most clearly make appear the Candour of His Intentions to His People; and to this End could find no better Way than to propose a Personal Free Debate with His Two Houses of Parliament upon all the present Differences; yet finding, very much against His Expectation, that His Offer was laid aside, His Majesty bent all His Thoughts to make His Intentions fully known, by a particular Answer to the Propositions delivered to Him in the Name of both Kingdoms the 14th of July last: But the more He endeavoured it, He more plainly saw that any Answer He could make would be subject to Misinterpretations and Misconstructions, which upon His own Paraphrases and Explanations He is most confident would give so good Satisfaction, as would doubtless cause a happy and lasting Peace: Lest, therefore, that good Intentions may produce ill Effects, His Majesty again proposes and desires to come to London, or any of His Houses thereabouts, upon the Public Faith and Security of His Two Houses of Parliament and the Scotts Commissioners, that He shall be there with Honour, Freedom, and Safety; where, by His Personal Presence, He may not only raise a mutual Confidence betwixt Him and His People, but also have those Doubts cleared, and those Difficulties explained to Him, without which He cannot but with the aforesaid mischievous Inconveniencies give a par ticular Answer to the Propositions, and with which He doubts not but so to manifest His real Intentions for the settling of Religion, the just Privileges of Parliament, with the Freedom and Propriety of the Subject, that it shall not be in the Power of wicked and malicious Men to hinder the establishing of that firm Peace which all honest Men desire; assuring them, that, as (fn. 6) He will make no other Demands but such as He believes confidently to be just and much conducing to the Tranquillity of His People, so He will be most willing to condescend unto them whatsoever shall be really for their Good and Happiness; not doubting likewise but you will also have a due Regard to maintain the just Power of the Crown, according to many Protestations and Professions; for certainly, except King and People have a reciprocal Care each of other, neither can be happy. To conclude, 'tis your King who desires to be heard; the which, if refused to a Subject by a King, He would be thought a Tyrant for it, and for that End which all Men profess to desire: Wherefore His Majesty conjures, as you desire to shew yourselves really what you profess, even as you are good Christians and Subjects, that you will accept this His Offer, which, He is confident, God will so bless, that it will be the readiest Means that these Kingdoms may again become a Comfort to their Friends, and a Terror to their Enemies.

"Newcastle, the 20th of Dec. 1646.

"To the Speaker of the House of Peers pro Tempore; to be communicated to the Lords and Commons in the Parliament of England assembled at Westm'r, and to the Commissioners of the Parliament of Scotland at London."