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 Jovis, 30 Martii.
Earl of Maunchester, Speaker this Day.
E. of Northumberland's Letter.
A Letter of the Earl of Northumberland's, dated 28 Martii, 1643, to the Earl of Manchester, read by the Speaker, in hæc verba: videlicet, (Here enter it.)
Message to the H. C. for a Conference upon it.
Sir Rob't Rich and Mr. Page sent to the House of Commons, with a Message:
That the Lords desire a present Conference with them, in the Painted Chamber, touching a Letter of the Earl of Northumberland's from Oxon, read in their House this Morning, wherein both Houses were concerned.
Paper from the French Agent, why the Capuchins should not be sent from Denmark House.
A Paper was brought this Day into the House, from the French Agent, touching the Capuchin Friars in Denmarke House.
Message to the H. C. for a Conference upon it.
A Message was sent to the House of Commons, by Mr. Dr. Aylett and Mr. Dr. Heath:
That the Lords desire a present Conference with them, in the Painted Chamber, if it may stand with their Conveniencies, touching some Reasons why they should not be sent away, received by them this Morning from the French Agent, concerning the Capuchin Friars at Denmarke House.
Message from thence, to sit P. M. and with Two Orders for Concurrence.
A Message from the Commons, by Mr. Winwood and others:
That the Commons desire the Lords to sit this Afternoon, in Expectation of a Message from His Majesty, at Oxon; and that they have brought up Two Orders, wherein they desire their Lordships Concurrence:
1. Concerning the County of Bucks.
2. Concerning Yarmouth.
The Commons withdrawing themselves, and afterwards being called in; the Speaker told them, "That the Lords would sit at Five of the Clock this Afternoon, as was desired; and that they will return an Answer touching the Two Orders by Messengers of their own."
The Messengers, being returned from the House of Commons, brought Answer:
Answer from the H. C.
That the Commons will give a present Meeting, touching the Earl of Northumberland's Letter, as was desired.
The House was adjourned during Pleasure, and the Lords went to the Conference touching the Earl of Northumberland's Letter, which was there delivered unto them by the Earl of Manchester, Speaker.
The Lords returning, the House was resumed.
Earl of Northumberland's Attendants stopped, and Letters taken from them.
The House was informed, "That a Servant and an Apothecary to the Earl of Northumberland, having a Pass from his Lordship and the rest of the Committee at Oxon, and another from Sir Jacob Ashley, going down to Oxon, to the said Earl, with Physic, and Letters from his Countess, was stayed at the Court of Guard at Tyborne, and his Letters taken from him:"
Officers on Guard at Tyburn sent for.
Whereupon it is Ordered, That the Captain and Corporal, and such other Officers that were upon the Guard at Tyborne this Morning, shall attend the Lords in Parliament this Afternoon, or else To-morrow Morning by Ten of the Clock; and shew by what Warrant they stayed the said Servant of the Earl of Northumberland's as aforesaid.
Dickenson versus Gratwick, & al.
The humble Petition of Frances Dickenson, read; complaining against Thomas Gratwick, Thomas Ashe, and Palmer, and Roger Gratwick. (Here enter it.)
Ordered, That the said Parties shall attend the Lords in Parliament forthwith, upon Sight hereof; and they bring Fran. Dickenson with them, whom they have taken away.
The Petition of John Gibbon was read; and thereupon the Lords Resolved, To have a Conference with the House of Commons. (Enter it here.)
Sir Thomas and Mr. Dawes freed from Arrests, to attend the Bill.
Ordered, That Sir Thomas Dawes and Mr. John Dawes shall have Liberty to go in and out to the Referees appointed by this House, to their Counsel, Attornies, and Solicitors, and to the Lords Committees appointed upon the Bill concerning them, during such Time as the Cause shall depend in this House; and that without any Arrest or Molestation of their Creditors.
Layneere & al. a Pass.
Ordered, That Clement Layneere, Hen. Basano, and Richard Mosse, shall have a Pass, to Oxon and back again, with Three Servants and Five Horses.
Mrs. Staneere, a Pass.
Ordered, That Mrs. Staneere shall have a Pass, to Oxford and back, with a Coach and Four Horses, Three Saddle-horses, Three Men Servants, a Footman, and a Maid Servant.
Answer from the H. C. about the Capuchins at Denmark House.
The Messengers being returned from the Commons, brought this Answer:
That they would give their Lordships a present Meeting, touching the Capuchins, as is desired.
Dowager Lady Campden's Estate not to be seized.
Ordered, &c. That the Speaker of this House shall write a Letter to the Lord Grey, on the Behalf of the Lady Julian Viscountess Campden, Dowager of the late Lord Campden, that her Estate be not seized for that late Assessment that is to be paid out of her late Husband's Estate.
Message from the H. C. to sit a while;
A Message from the Commons, by Sir John Clotworthy and others:
That the Commons desire that the Lords will sit a while after the Conference touching the Capuchin Friars.
and for Concurrence in several Orders, &c.
That their Lordships will pass an Ordinance with them, touching the Lord Insequine; and that their Lordships will concur with them in several Orders concerning Ireland.
The Commons withdrawing themselves, they were called in again; and the Speaker told them, "That the Lords would sit a while, as they had desired; and that, touching the Lord Insequine and the other Orders, their Lordships would send an Answer unto them by Messengers of their own."
Dandy imprisoned for killing Deer, released.
Ordered, That John Dandy, now in Restraint, for killing and destroying of His Majesty's Deer, in the Prison of Newgate, by Order of this House, shall, upon Sight of this Order, be released of his said Imprisonment, paying his Fees; and this, &c.
Earl of Northumberland's Letter about the Treaty.
"We dispatched a safe Conduct to Alisbury, for Mr. Rushworth; but he is not yet come to us. We attended His Majesty Yesterday and this Day, very often, in your Lordships Service. We have presented to Him in Writing several Answers to the Heads of His First Proposition, and have received His Replies to them. We have desired His Majesty's further Explanation of some Parts of them, and are preparing our Exceptions to other Parts. As soon as His Majesty shall give us His final Resolution, we shall return you a full Account of our Proceedings herein.
"This Afternoon His Majesty delivered unto us His Answer concerning the First Proposition of both Houses; to which we have not yet made our Reply: But finding therein this Clause ["That His Majesty desires that the Time given to the Committee of both Houses to treat may be enlarged,"] we thought it our Duties to give your Lordship Notice thereof, and humbly refer the Consideration to your Lordships Wisdom, and rest,
Oxford, March 28th, 1643.
"Most faithful Servant,
"To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.
Frances Dicenson versus Gratwicke, &c.
"To the Right Honourable the Lords assembled in the High Court of Parliament.
"The humble Petition of Frances Dickenson, Wife of Lyming Dickenson, Esquire.
"That the Petitioner's Husband, in her Right, having been long Time lawfully seized of the Manors of Itford and Isham, in Comitatu Sussex, one Thomas Gratwick, Gentleman, pretending Title to the same, about July, 1641, preferred his Petition in this High Court, for Recovery thereof; which Petition being fully heard 5 Julii prædicto, was, by the Right Honourable Lords Committees, Ordered to be dismissed, and the Petitioner's Husband to receive the Rents as before; their Lordships declaring they found no Cause, in Law or Equity, to relieve the said Gratwick, as by the same annexed may appear: Sithence when, the said Gratwick hath often vowed to kill the Petitioner's said Husband; and the said Gratwick, having gotten to be Captain of a Troop of Horse under Colonel Morley, on Sunday the 19th of March Instant, with his said Troop, forcing the House of one Mr. Heath, in the said County, took the Petitioner's Husband being there, and Two of his Horses (without Warrant, as the Petitioner conceives), and, setting him behind a Trooper upon the bare Horse-Back, carried him with his Horses away, and still keeps him so closely that the Petitioner (having diligently enquired) cannot hear where he is, nor how he is used; and the said Gratwick hath, by Force of Arms, taken, and still doth keep, the Possession of the Premises; and Thomas Ash, and Palmer, the Tenants, keep the Rents thereof, contrary to the said Order of this Honourable House, and all Law and Equity, and to the utter Undoing of the Petitioner and her said Husband; Roger Gratwick, a Brother of the said Thomas, having given Security to the Tenants, to have them therein.
"The Petitioner humbly desireth this most Honourable Assembly will be pleased to send for the said Thomas Gratwick, Roger Gratwick, the Petitioner's said Husband, Thomas Ashe, and Palmer; and, upon Examination of the Premises, to give the Petitioner such Relief herein as to Justice doth appertain.
"And the Petitioner shall ever pray, &c.
Gibbon versus Sir Abraham and Sir Thomas Dawes.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of John Gibbon, Prisoner in The Fleete,
"That your Petitioner, for Payment of his Debts, did, in July, 1640, sell to Sir Abraham and Sir Thomas Dawes Lands for the Sum of Fifteen Thousand Pounds, and Stock upon the same Three Thousand Seventy-five Pounds, and Nine Pence; that there remains due to him, of both these Sums, Three Thousand Seven Hundred and Eighty-eight Pounds, Twelve Shillings, and Five Pence, for which he did bring his Action at Law, and hath been stopped by a General Order of the Parliament, by which he hath been disabled to recover that Money: He further sheweth, That he is at this Time a Suitor to your Lordships, to be relieved for his just Debt, out of the Estate of Sir Thomas Dawes, and is in continual Attendance about the same.
"This Petitioner is now, by virtue of this Order annexed, restrained, and cannot go abroad to follow his Occasions in Solicitation of this Business before your Lordships.
"He doth, therefore, humbly beseech your Lordships, that, in Consideration that he hath been stopped by Order of the Parliament from recovering of his just Debt, which otherwise he might have had long since to have satisfied his Engagements, that your Lordships will be pleased to give Order that your Petitioner may be admitted to go abroad, with His Majesty's Writ of Habeas Corpus, as is usual, to follow his Suit before your Lordships.
"And, as in Duty bound, he shall pray for your Lordships.
Adjourn, 5a post meridiem.
Earl Manchester, Speaker this Day.
Letter from the E. of Northumberland.
The Earl of Northumberland's Letter, sent from Oxon, to the Earl of Manchester, the Speaker, dated the Twenty-ninth of March, 1643, was read. (Here enter it.)
Capuchins at Denmark House.
The House being this Day informed, "That the Capuchin Friars at Denmarke House were sent away:" It is Ordered, That the Business shall be considered of To-morrow Morning, at the Sitting of this House.
Lady Cotterill, a Pass.
Ordered, That the Lady Cotterill shall have a Pass, from London to Oxon, and back, with a Coach and Four Horses, Two Men Servants, Two Saddle-horses, a Gentlewoman, and a Maid Servant.
Clerk of the Crown, Leave to be absent.
Ordered, That the Clerk of the Crown shall be spared of his Attendance upon this House for some Time; and that he shall have a Pass, for a Coach and Four Horses, and his Servants, (fn. 1) and back again to London at the Beginning of the Term.
E. of Berks, Leave to go into the Country.
Upon the reading of a Letter of the Countess of Berks, dated the 27th of this Instant March, 1643, desiring, "That the Earl of Berks, now in Restraint, might have the Liberty to come into the Country, One of his Houses having been plundered by the Parliament Forces, when they were at Mamisbury:" It is Ordered, &c. That the said Earl is permitted to go into the Country, to his House, or elsewhere, so that he go not to Oxon; and to promise upon his Honour, before his departing the Town, to return upon Twenty Days Warning, and not to depart without Leave.
Message from the H. C. for a Conference about the Capuchins.
A Message from the Commons, by Sir Rob't Harlowe and others:
That the Commons desire a present Conference, touching the last Conference concerning the Capuchins, if it may stand with their Lordships Conveniency.
The Commons being withdrawn, were called in again, and told by the Speaker, "That the Lords will give them a Meeting, as was desired."
Sir Alexander Hope, a Pass.
Ordered, That Sir Alexander Hope shall have a Pass into Scotland, with his Wife and Family, a Coach and Four Horses, and Five Saddle-horses.
E. of Chesterfield and his Son sent for.
Ordered, That the Earl of Chesterfeild, and his Son Phillip Stanhoppe Esquire, shall be safely, and in a decent Manner, by the Directions of the Committee at Derby, conveyed from Sheriff to Sheriff to London.
Lady Stanhope's Jointure to be paid to Boughton.
The humble Petition of John Boughton Gentleman, a Servant to the Lady Stanhopp, Governess to the Lady Mary, in Holland, was read. (Here enter it.)
Ordered, That her Ladyship's Jointure of a Thousand Pounds per Annum, issuing out of the Earl of Chesterfeild's Lands, shall be paid unto the said Mr. Boughton, to her Use, as formerly they have been accustomed; the First Payment to be made for the Half Year ending at Our Lady-day last, and so forwards as it shall come due.
The House adjourned during Pleasure, and the Lords went to the Conference touching the Capuchins.
The Lords returning, the House was resumed.
E. of Northumberland's Servant, a Pass.
Ordered, That a Servant of the Earl of Northumberland's (being stayed at the Court of Guard at Tyborne this Morning) shall have a Pass, to go to the said Earl at Oxon, with One Horse, &c.
E. of Northumberland's Letter about the Treaty.
"We received your Commands by Mr. Rushworth this Morning early, and obtained Access to His Majesty in the Forenoon, when we read and humbly presented the Reasons from both Houses, for their not assenting to those Alterations and Additions to the Articles of Cessation offered by His Majesty; who told us, He would consider of them, and give us His Answer.
"We have gone through, in the Time limited, what lies on our Part, touching the King's Proposition, and the First Proposition of both Houses concerning the Disbanding of the Armies: The Replies being many and long, we are not able to dispatch them till this Evening, and are in Expectation of His Majesty's Answers to all of them. As soon as they shall be delivered unto us, and His Majesty's final Resolution known, we shall give you a speedy and full Account of our Service herein. We shall upon the First Opportunity deliver to His Majesty what you command concerning Mr. Ashe's Cloaths; so, having nothing more at present to offer unto your Lordship, I rest,
Oxford, March 29 1643.
"Your Lordship's humble Servant,
"Directed to the Earl of Manchest'r, Speaker."
Petition of John Boughton, Servant to Lady Stanhope, for her Jointure to be paid to him.
"To the Right Honourable the House of Peers.
"The humble Petition of John Boughton Gentleman, Servant to the Right Honourable Katherin Lady Stanhope, Governess to the Princess Mary, in Holland;
"That the said Lady having a Thousand Pounds per Annum to be paid her for her Jointure, from the Earl of Chesterfeild, her deceased Husband's Father, out of the Manors of Shelford, Bingham, Whatton, Carcolston, Corgrave, and Aslackton, in the County of Nottingham, which are tied for the Payment thereof; and because the Tenants to the said Earl have refused to pay any Rents to him, he being within the Compass of the Ordinance of both Houses, that no Tenants to any malignant Persons shall pay them any Rents:
"And whereas the said Lady Stanhope is, and always hath been, a devout Honourer of the Proceedings of Parliament, and a Person very well affected to the Public, and her Tenants in Kent and other Places have been alike zealous, and have chearfully paid whatsoever hath been demanded for the Parliament, which the said Lady hath willingly allowed them upon their Accompts:
"It is therefore humbly prayed by the Petitioner, in the Behalf of his Lady, that the Tenants to the several Manors aforesaid, or those who shall be appointed by the Parliament to receive the said Earl of Chesterfeild's Rents, may be authorized to pay the Petitioner, for the said Lady Stanhope's Jointure, the Sum of One Thousand Pounds per Annum, at Two Payments, as formerly it was paid, there being due unto her for this Half Year last past Five Hundred Pounds, which the Petitioner humbly desires she may receive, that so she may at present be enabled for the Payment of such Impositions as shall be laid upon her Tenants there, and in other Places; and that the Remainder may be allowed her for her Maintenance, as befits a Person of her Dignity.
"And the said Lady and the Petitioner shall ever pray, &c."
Adjourn, 10a To-morrow.