Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 28 Martii.
The Earl of Manchester, Speaker this Day.
The House being this Day informed, "That the Committee at Lincolne have directed the Tenants of Sutton-March, in the County of Lincolne, to sequester and keep their Rents in their Hands, until further Order from that Committee, or the Parliament, should be signified, notwithstanding a former Order of this House, dated the Third of May last, is positive in this Particular; videlicet, that Sir Jervise Scroope, and Sir John Jacob, Knights, or either of them, shall have Power to receive the Rents and Arrearages of the Tenants of Sutton-March aforesaid, and the said Tenants Ordered to pay the said Rents then accordingly; which Rents are to be received to the Use of such as it shall be found to be due unto; the Cause depending now in this House:" It is thereupon Ordered, That the said Order of this House, made in May last, is hereby ratified and confirmed in all Points.
Servants to the Clerks of the Privy Seal, a Pass.
Ordered, That Mr. Daniell Groome, and Samuell Calvert, Servants to John Packer and John Chapman, Esquires, Two Clerks of the Privy Seal, shall have a Pass, with a Man and Three Horses, to Oxon, and back when their Attendance upon the said Place shall be ended.
Queen's Servants, a Pass.
Ordered, That Two of the Queen's Servants shall have a Pass, to Oxon and back again.
Mr. Hudson recommended for the Living of Chartham.
Upon the Report of the Committee particularly appointed upon the Petition of Edward Hudson, Clerk, which was this Day read in the House: It is Ordered, That the said Mr. Hudson is hereby recommended to the Lord Archbishop of Canterbury, to be collated to the Rectory of Chartham, in the County of Kent, being now void by the Death of the late Dean of Canterbury, and in the Disposure of the said Archbishop.
Letter from the Earl of Northumberland.
A Letter of the Earl of Northumberland's, sent to the Earl of Manchester (Speaker of the Peers House), dated the 26th of March, 1643, was read. (Enter it here.)
Message from the H. C. for a Conference, about putting in Execution the Ordinance for seizing the Estates of Papists, &c.
A Message from the House of Commons, by Sir Rob't Harlowe and others:
That the Commons have appointed a proportionable Number of their House, to join with the Committee of their Lordships, to consider of the Misdemeanors of all such as shall disobey the Ordinance for the seizing of Delinquents Estates; and desire their Lordships to appoint a Time and Place for the Meeting of the said Committee.
That their House had appointed Sir Wm. Brewerton to be added to the Committee for Staffordshire, and desired the Lords Concurrence therein.
and for Concurrence in the following Orders, &c.
That the Commons had sent up to their Lordships Two Orders, and an Ordinance; and desired their Lordships Concurrence therein:
1. An Order touching Sir William Brewerton.
2. An Order touching the Mayor of Plymouth.
3. An Ordinance (fn. 1) concerning Hertfordshire.
Answer to the H. C.
The Commons having withdrawn themselves, and being called in again; the Speaker told them, "That the Lords had appointed the Committee, at Three post meridiem, in the Parliament House; that their Lordships had agreed that Sir William Brewerton shall be added to the Committee for Staffordshire; and that they will return them an Answer, by Messengers of their own, touching the Two Orders, and the Ordinance for Hertfordshire."
The humble Petition of the Prebendaries of Christ Church, Canterbury, now resident there, was read. (Here enter.)
Order for Security for the Church and Prebendaries of Canterbury.
Whereupon it is Ordered, That a former Order of this House, for the Church and Prebendaries of Canterbury, shall be confirmed in all Points; and that no Violence shall be offered by any Person to the said Church, Prebendaries, Inhabitants within the Precincts, nor to the Gates or Walls thereto belonging; and that the Mayor, Deputy Lieutenants, Justices of Peace, &c. shall see the Order obeyed, which is to be read in Parish Churches.
Le Cuer & al. Hooper's Creditors.
The humble Petition as well of William Le Cuer and others, the Creditors of Anthony Hooper, Merchant, as of the said Anthony Hooper, was read.
Whereupon it is Ordered, That a Commission mentioned therein shall be renewed for Three Months, sine Dilatione; and that such as are concerned therein shall attend the Commissioners at such Times as they shall have Warning.
Duke D'Espernoone, a Pass to France.
Ordered, That the Duke De Espernoone shall have a Pass, (fn. 2) for himself and his Family, into France, taking with him his Plate and Stuffs he brought over, and Horses; a Particular being first delivered into this House, what he desires to have transported.
Reasons from the French Agent, against dissolving the Capuchins at Denmark House.
The French Agent offered some Reasons to this House, why the Capuchin Friars at Denmarke House should not be sent away; which, being in French, were not read; but Direction was given that they might be translated, and kept by the Clerk until the House should please to call for them.
Lady Campden's Petition.
The Petition of Elizabeth Viscountess Dowager Campden, was read.
The Petition of Julian Viscountess Campden, Dowager to the late Lord Viscount Campden, was read.
Ordered, That both the said Petitions are hereby referred to the Committee touching Delinquents Estates.
Rosse's Petition, for his Money stopped going to Scotland.
Upon reading the Petition of William Rosse; it is Ordered, &c. That John Robinson and Christofer Dighton, Searchers of Gravesend, who refuse to obey an Order of this House touching the Delivering of some Money of the said Mr. Rosse's seized by them, shall appear before the Lords in Parliament on Friday next, and shew Cause why they obey not the said Order. (Here enter it.)
Associating Warwick, Stafford, &c.
Ordinance for the associating of Warwick, Stafford, &c. read.
Pannet, a Pass.
Ordered, That Mr. Hugh Pannett, a Servant of the Earl of Northumberland's, with a Servant, shall have a Pass, to Oxon.
Sequestering Horsham Profits.
Order for the sequestering the Profits of Horsham, in the County of Sussex, read and passed. (Here enter it.)
Earl of Newport, to be in Custody of the Black Rod.
The Earl of Newport was informed to be brought to the Town, and that he had rendered himself into the Custody of the Gentleman Usher; and the Pleasure of the House was desired to be known, what he should do.
Whereupon it is Ordered, That the said Earl shall remain a Prisoner with the said Gentleman Usher until the Pleasure of the House be further known.
Gregory, a Pass.
Ordered, That Robert Gregory, a Servant of the Duke of Buckingham's, shall have a Pass, to carry a Trunk of Apparel to the said Duke and his Brother, at Oxon, being first searched.
Petition of the Prebendaries of Canterbury, for Protection for themselves and the Cathedral.
"To the most Honourable Lords now assembled in the High Court of Parliament.
"The humble Petition of the Prebendaries of Christ Church, Canterbury, now resident there.
"Whereas your Lordships were nobly pleased, by an Order made upon Occasion of some former Violations of the said Church (bearing Date the 17th Day of September last past), to command that no Outrages shall be committed against the said Church; and that the Dean and Prebendaries and Inhabitants of the said Church, with their Houses and Families, shall be freed from any Trouble or illegal Molestation, from any Person or Persons whatsoever, as by the said Order hereunto annexed appeareth more at large:"
"May it please your Lordships, that, about the 14th Day of this Instant March, some of the Inhabitants of the City of Canterbury repaired unto the Petitioners, and desired them, either themselves to take down the great Gates that lead into the said Church and Precincts thereof, or that they would be taken down to their Hands.
"To which Request or Menace of theirs, the Petitioners have ever since given all fair and calm Answers; telling them,
"1. That they had already, to their great Charge, opened the Passages and Buildings round about their Church-walls, so that the said Inhabitants might as freely set and keep their Watches there, as any Part of the City.
"2. That it was against the Oaths taken by your Petitioners to their local Statutes, to strip the said Church of those her ancient and usual Fences.
"3. That they could not be responsible for those Exorbitances which shall be committed by them (with whose Government the Petitioners are intrusted), if they have no Gates to shut at seasonable Hours.
"4. And that, lastly, it was beyond Example in England, that any, who live Collegiately, should be deprived of their ancient Gates.
"After which Time (may your Lordships be pleased), the Petitioners addressed themselves, the 18th of this Instant, to Mr. Mayor of the City of Canterbury, and did desire of him Protection for the Church and themselves, according to Law, and agreeable also to the Tenor of your Lordships Order beforementioned, from Riots and Violence.
"Whereupon Mr. Mayor sent for divers Aldermen, which said Mayor, with divers others of the Company, used us with all Civility and fair Respect; but some few of the rest menaced, that Monday the 20th of this Instant should be the Day wherein they would have the Gates taken down (which had been done accordingly, had not the Care and noble Love of Mr. Mayor, Sir Edward Master, Sir William Man, and divers other Gentlemen, prevented the Fact); intimating withall, by many Passages in their Discourse, that their Design was at the Spoiling of the Church and Windows thereof, so famous in all Parts of Christendom.
"Now your Petitioners, as in Duty and Conscience they hold themselves obliged to present all humble Thanks for your Lordships former most noble Favour, so do they in all Humility flee to your Lordships for Succour and Protection, most humbly beseeching you that, for the Indemnity of their Persons, and the other Inhabitants within the Precincts of the Church, who are by these Outrages exposed to the Fury of ill-affected People (the scattered and divided Situation of their Houses for the most Part rendering them unable to help one another); and for the Honour of God and our Saviour, to whose Service the famous and magnificent Church of Christ, Canterbury, is dedicated and devoted, that you would be honourably pleased to command Obedience to be yielded to your Lordships former Order; and, in Pursuance thereof, to require Mr. Mayor and the Deputy Lieutenants, and all other Ministers of Justice whom it may concern, to save both them and the said goodly Fabric from new Injuries and Devastations; and, to that End, that the Gates may continue as formerly they have done; or, if they shall happen to be violated in the Interim, that then they may be again set up with all convenient Speed, and made Use of as hath been anciently accustomed; and that the Order to be made by your Lordships may be read and published in the said Church and Churches in Canterbury, and the (fn. 3) Parishes adjacent.
March 21st, 1642.
"And your Petitioners shall, as in Duty bound, every pray, &c.
Earl of Northumberland's Letter, about the Treaty with the King.
"Upon Return of the Answer of both Houses to His Majesty's Message, we were commanded to attend Him Yesterday, at Two of the Clock in the Afternoon: The Answer being read, and presented to His Majesty, He asked us some Questions about our Power to proceed in the Treaty; to which we answered according to our Instructions: His Majesty then told us, He had Two Particulars to acquaint us with; one was, That the Queen sent to Him: The Messenger had the Lord Fairefax's Pass, and yet was staid by some Forces from Rockingham, and his Letters taken from him, and sent to London; and there the Queen's Letter to Him was broke open by the Private Committee: The other Particular was, concerning Sir William Waller; that he came to Malmesbury, which yielded upon Conditions, and yet they were not observed. His Majesty expressed much Dislike, that Safe Conducts and Capitulations should not be observed. We desired to know, whether His Majesty would command us to acquaint the House herewith. He answered, That He left it to us, and intended to send a Message Himself, to demand the Letter. About Five in the Evening, we were commanded to attend His Majesty again, who asked us very many Questions in Order to the Proceedings upon the Treaty. To which, after Conference together, we gave our Answers agreeable to the Instructions.
"This Afternoon we waited on His Majesty again, who, after long Advice with His Council, sent for us, and demanded our Answer to that Part of His First Proposition which concerns His Revenue. Our Answer to it was ready in Writing, according to the Instructions; and we presented it to His Majesty, who said, He would send us His Answer to it; and we are now in Expectation thereof. This being all I have to trouble your Lordship with at present, I rest
Oxford, March the 26th, 1643. At 12 at Night.
"Very faithful Servant,
Le Cœur & al. and Hooper's Petition.
"To the Right Honourable the Lords now assembled in Parliament.
"The humble Petition as well of William Le Cuer and others, the Creditors of Anthony Hooper, Merchant, as of the said Anthony Hooper:
"That your Lordships having formerly referred the Accompts and Differences between your Petitioners the Creditors, and the said Hooper and the Correspondents, to Will'm Cockaine Esquire, William Berkly, Nathan Wright, Phillip Burlemacke, and others, or any Two or more of them, to hear and determine the same if they could, or to certify your Lordships by a Time prefixed, which expires about the Sixth of April next; and, for the better clearing the Differences, the Referees were armed with a Commission, under the Great Seal of England, and thereby authorized to examine on Oath as well the Parties concerned, as Witnesses for clearing all Doubts; that the Referees have, in Obedience thereunto, called divers of the Creditors and Correspondents before them, and agitated their Accompts, and, after much Time by them spent therein, they had prepared some of them so far as that a few Meetings more would put (fn. 4) an End thereto; but the said Hooper being of late charged in Execution in The Compter, at the Suit of one Pascall, who (although he hath been often summoned by Warrant from the Commissioners) refuseth to obey the Summons or their Authority, or to appear before them, the said Hooper cannot give his Attendance to the Commissioners at such Times as their Occasions will best permit for their Meeting, nor any Time but at great Charge; so as the Commissioners cannot put so speedy an End to the Accompts (being many and intricate) as their Time limited by the (fn. 5) Commission requires; that some few of the Correspondents and Debtors of Hooper's refuse to obey the Summons of the Commissioners to appear at all before them (the said Paschall being One); and some few, though they appear, pretending they have Suits depending, refuse to come to any Accompt with Hooper; which, the Petitioners humbly conceive, is contrary to your Lordships Intentions, being to preserve the Estate from the vast Expence of Multiplicity of Suits, and to put (fn. 4) an End to all Accompts:
"Their humble Suit is, that the said (fn. 5) Commissions may, by your Lordships Order, be renewed and made returnable (sine Dilatione); and that the Commissioners may have further Authority from your Lordships to require the Attendance of such as refuse; and that your Lordships will give some Command, whereby Hooper may, with a Keeper, attend the Commissioners at the convenient Times by them appointed; the only Way for preserving the Estate to the Creditors, and for the speedy ending the Differences.
"And your Petitioners shall daily pray, &c.
Report from the Referees in this Cause.
"To the Right Honourable the Lords now assembled in Parliament.
"May it please your Lordships,
"We, having been authorized by several Orders from your Lordships, and Commission under the Great Seal of England issued by your Warrant, to call before us Anthony Hooper, Merchant, and his Creditors and Correspondents, and to hear and settle the Accompts and Differences between them, if we could, or otherwise to certify our Opinion to your Lordships, have, in Obedience to your Commands, called before us as well the said Hooper, as divers of his Creditors and Correspondents; some few refuse to obey our Summons to appear before us, and Two or Three of those that have appeared (pretending that they have Suits depending) refuse to come to any Accompt before us; but the rest, being the more considerable of the Creditors and Correspondents for their great Dealings with Hooper, having appeared before us, we have had several Meetings, and spent divers Days in the examining and for reconciling their Accounts and Differences; but, in respect of the Importancy and Intricacy of the said Accompts of the said Hooper's, being a Prisoner in Execution in The Compter, whereby he could not nor can attend us at several our convenient Times of Leisure, we could not therefore proceed so effectually as by his Presence we conceive we should have done, having agitated divers of the Accompts, and reduced them to Heads, ready for a Finishing; but, the Time limited us by our Commission drawing now near to an End, we cannot finish the said Accompts by the Time prefixed; and, though we might, in respect of our own Affairs, well crave Pardon from being further troubled herein, yet, if it shall stand with your Lordships Pleasures, in respect the greatest Differences (fn. 6) concern Merchant Strangers, and to the End that Multiplicity of Suits and vast Expences may be avoided, we submit ourselves and our Labours to obey and pursue your Lordships further Directions and Commands.
Rosse's Petition, for his Money stopped going to Scotland.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of William Rosse, Her Majesty's Servant;
"Whereas, by your Lordships Order and Warrant annexed, your Petitioner, upon putting in Security into the Court of Exchequer, according to the Course of the said Court, was to have restored to him his Monies seized by the Searchers of Gravesend, who were, by your said Lordships Order, commanded that, upon Receipt and Sight thereof, they should make Delivery thereof accordingly:
"And whereas your Petitioner hath put in good Security before Mr. Baron Trevor, and demanded his Money of John Robinson and Christofer Dighton, Esquires, Searchers of Gravesend, upon your Lordships Order, by shewing the same unto them, who yet have refused to deliver the same, as by the Affidavit annexed appears:
"Now for that, according to Law, Right, and the Course of the Court of Exchequer, your Petitioner, upon Security as aforesaid, ought to have a Writ of Delivery; and that the Searchers thereby are legally discharged against His Majesty, and may proceed upon the Information if they please; his most humble Prayer therefore is, that the said Searchers, for this Contempt, may stand committed until they make Delivery of your Petitioner's said Monies unto him, according to your Lordships Order and Command, and the Course of His Majesty's Court of Exchequer.
"And your Petitioner shall pray, &c.
Affidavit that Rosse had put in Security, not to send the Money Abroad.
"Memorandum quod Georgius Rosse, de Parochia S'ti Martini in Campis, in Comitatu Midd'x, Armiger, venit coram Baron. hujus Scaccarii, xxviii die Martii, Anno Regni Domini Regis nunc Caroli xix°, in propria Persona sua, et Sacramentum suum præstitit corporale in Lingua Anglicana, verbis sequentibus; videlicet, That whereas, upon the Petition of William Rosse, His Majesty's Servant, shewing, That he having, by His Majesty's Service, gained an Estate here in England, had put the same into Money, amounting to the Sum of One Thousand One Hundred and odd Pounds, which he intended to ship and send into his native Country, the Kingdom of Scotland; and that the same Monies are seized at Gravesend, under Pretence that the same was intended to be sent beyond the Seas contrary to the Statute, whereof the said William Rosse was ignorant, being it was not to go out of the King's Dominions: It was therefore, by the Lords in Parliament, the Twentieth Day of this Instant Month of March, thought fit, and so Ordered, That the said William Rosse, putting in Security in this Court according to the Course of this Court, should have Delivery of the said Monies so seized; and that Sir Thomas Trevor Knight, One of the Barons of this Court, should receive the said Security; and that the said Searcher, or such others as had the said Monies, should, upon the Receipt and Sight of the said Order, make Delivery thereof accordingly, as by the said Order appeareth: He, this Deponent, deposeth and faith, That he, this Deponent, the 26th Day of this Instant March, did shew to John Robinson Esquire, and Christopher Dighton, Searchers at Gravesend, who seized the said Monies (as by their Information in this Court exhibited appeareth), a Copy of the said Order, under the Hand of John Browne, Clerk of the Parliaments; and that the said Mr. Robinson and Mr. Dighton did read the same, and did then receive a true Copy thereof, by the Delivery of him, this Deponent; and that he, this Deponent, on the Behalf of the said William Rosse, did demand the said Monies, according to the said Order, having put in good Security; the which to deliver, they the said Mr. Robinson and Mr. Dighton refused.
"Præstitit Sacramentum xxviii die Martii, Anno xix° Caroli Regis, coram me,
Order for sequestering the Profits of Horsham, in Sussex.
"Whereas, upon the Petition of the Inhabitants of the Town of Horsham, in the County of Sussex, it appeareth, that one Mr. Collins, their late Incumbent, hath been deceased for the Space of Six Months last past; and that the Archbishop of Canterbury, in whose Gift the Vicarage now is, hath not as yet presented any fit Person to take upon him the Cure of the said Vicarage there; by Means whereof, the Parishioners of the said Parish, being in Number Fifteen Hundred Souls, had been wholly destitute of their Spiritual Food, but that one Mr. John Chatfeild, a godly and painful Preacher, their now Lecturer, hath spent his Time and taken great Pains amongst them ever since, who is daily threatened, by such as endeavour to get into the said Church by the said Archbishop's Procurement, to be put from his Lecture there, and so the Parishioners left destitute of the Comfort they now enjoy by his Ministry, and have been deprived of for the Space of Thirty Years last past: All which the Lords and Commons in this present Parliament assembled taking into Consideration, and * for the settling and establishing of one able and godly Minister in the said Parish, and the Provision of fit Maintenance for him that shall officiate therein, do hereby constitute and Ordain, That Thomas Middleton, Hall Ravenscrofft, Esquires, James Gratwick, Robert Bassett, James Waller, Nicholas Sheppard, Thomas White, John Gratwick, and John Parkhurst, all of them of Horsham aforesaid, or any Three of them, shall have Power to sequester the said Vicarage-house of Horsham, with the Barns and Out-houses thereunto belonging, and all the Rents, Tithes, Glebe Lands, and Profits whatsoever, of the said Vicarage of Horsham; and to appoint Collectors for the gathering and receiving of them, and for the Profits accruing, as they in their Discretion shall think fit to appoint; and all the said Rents, Tithes, Glebe Lands, and Profits thereby arising, the Sequestrators aforesaid, or any Three of them, shall have Power to pay, or cause to be paid, unto the said Mr. Chatfeild, their now Lecturer, and a Man whom the Parishioners approve of, who is hereby authorized and required to preach every Lords-day, and to officiate there, and to take Care of the Discharge of the Cure of that Place in all the Duties thereof, until such Time as further Order shall be taken therein by both Houses of Parliament; and the Hand of the said Mr. Chatfeild, for what he shall receive, shall be their Discharge: And the said Lords and Commons do further Ordain, That the said Sequestrators, or any Three of them, shall have Power to nominate and appoint such Clerks, and other Officers belonging to the said Parish Church of Horsham, as have been usually nominated and appointed by the said Vicar deceased, all the Time of the said Sequestration; and shall have Power to pay and discharge all First Fruits, Tenths, Subsidies, and and all other Duties payable out of the said Vicarage, and all Charges whatsoever for and towards all needful and necessary Reparations of the said Vicaragehouse and Out-houses thereunto belonging, during all the Time of the Sequestration, out of the Profits thereof; and, if any shall refuse to pay unto the said Sequestrators, or any Three of them, or the Collectors appointed (fn. 7) by any of them, the Tenths, Tithes, Profits, and Duties, or lawful Fees accustomed to be paid, upon Information thereof, by any Three of the said Sequestrators, unto the said Houses of Parliament, or either of them, the said Lords and Commons do hereby Declare, That they will proceed against any such Refusers and Offenders according to their several Offences and Contempts."
Ed. Hudson's Petition, to be recommended to the Living of Chartham.
"To the most Honourable the Lords now assembled in Parliament.
"The humble Petition of Edward Hudson, Clerk;
"That whereas your Petitioner was presented by His Majesty, and instituted by Sir Nathaniell Brent, to the Church of Aythorne, in the County of Kent, and (according to usual Courses in such Cases) had a Mandate to the Archdeacon, or his Official, for his Induction; which he (contrary to common Right), at the Request of the Dean of Canterbury, denied to execute, the Dean undertaking to save him harmless; through which Stop, the Petitioner being delayed, and denied common Justice, the said Dean got Time to repair unto Nottingham, where, by his great Power, and Suggestion that the Petitioner was wholly affected towards the Parliament, he there obtained of the Lord Keeper a Revocation of the Petitioner's Presentation and Institution into Aythorne, and also a Grant of the said Rectory for another Minister, who was thereupon forthwith instituted and also inducted to the same (as the Petitioner is ready to prove); whereby the Petitioner, having been at great Charge, and thereby destitute of that or any other Ecclesiastical Preferment, is utterly undone, without the Relief of this Honourable House: And whereas the Rectory of Chartham, in the said County of Kent, which was the said Dean of Cant's Second Benefice (who is now lately dead), was void in Law long before his Death (as appears by the Advice of the Petitioner's Counsel in a Case hereunto annexed), for which the Petitioner for more than these Six Months last hath attended in Town, to prefer a Petition to your Lordships, that so his great Losses might be repaired by the Equity of this most Honourable House; and whereas, the Dean of Canterbury being now dead, the said Rectory of Chartham is become void by his Death, and is in the Lord Archbishop of Canterbury's Gift, who joined with the said Dean to make the Petitioner's former Oppression of full Weight to undo him (as the Petitioner is ready to prove):
"May it therefore please your good Lordships (the Petitioner's long Attendance, great Sufferings and grievous Oppressions considered, which he the rather sustained for his zealous Affection towards the Parliament), to order the Lord Archbishop of Canterbury, or whom it may concern, to collate the Petitioner unto the said Rectory of Chartham; for otherwise, by the Dean's Death, the Petitioner is utterly void of any Relief.
"And your Petitioner (as nevertheless in Duty bound) will daily pray for the prosperous Success of this Blessed Parliament.
Adjourned, 10a Thursday.