Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 16 die Octobris.
Lord Grey de Warke, Speaker.
Excuses from Lords who were absent Yesterday; at taking the Covenant.
The Speaker informed this House, "That he hath received Answer, by Letter from the Earl of Northumb. Lord Dacres, Lord North, and Lord Bruce, for their Excuse in not attending Yesterday to take the Covenant; and the Earl of Bridgwater and the Lord Berkley sent Answer by their Servants, who desired Excuse for their ill Health."
A Letter of the Earl of Manchester's was read, dated from Horne Castle, 12th October, 1643, declaring the Victory his (fn. 1) Lordship lately had:
E. of Manchester's Letter, giving an Account of his Victory over the King's Forces.
"I hold it my Duty to give your Lordships an Account of the Advantage that God hath been pleased to give unto the Forces whereof you have been pleased to honour me with the Command: Upon Wednesday last, being the 11th of October, I drew up the whole Body of Horse and Foot before the Castle of Bullingbrooke, having had the Night before, through some Neglect of the Yorkshire Horse, who kept the Out Guards, some of our Horse put to run a great Hazard; yet they behaved themselves very well, and got off only with the Loss of One Colour. After I was drawn into a Body, Word was brought me, that the Enemy was advancing towards me, with Eighty Colours of Horse: Upon this Intelligence, I thought it my Duty not to quit the Place where I was, unless it were by marching to meet him, which I did; and, when my Horse were drawn into as good Order as we could put them, the Enemy was drawn very near to the Horse: The Foot and Artillery marched up as fast as they could after the Horse, but came not so near as to give any Help; only they did dishearten the Enemy much, by the Confession of the Prisoners which we took, and made them charge the Horse sooner and more confusedly than otherwise they would have done. I must give the Horse under my Command their due Praise, that they charged very gallantly. Colonel Cromwell charged in the Van with my Regiment and his own, and behaved himself with Resolution and Honour. Sir Tho. Fairefaix (who is a Person that exceeds any Expressions as a Commendation of his Resolution and Valour) was to Second the First Body of Horse that charged; and he performed what he was commanded with Readiness and Success. I may truly say, that, after the Second Charge, our Men had little else to do but to pursue a flying Enemy, which they did for many Miles. What Loss the Enemy had, truly, as yet I cannot punctually speak; only this I can say, divers Men of Quality lay dead upon the Place, and divers that rode away fell dead from off their Horses in the Towns some Miles off from the Place where we fought. I have sent Eight Hundred Prisoners to Boston. There were killed upon the Place about Three Hundred, as we can guess. Every Day the Horse Guards bring in Prisoners, whom they find scattered about the Country. I am now intending to march forward towards Gainsburgh; and shall do my best for to make a Diversion for the Relief of Hull, if I can, in respect of the Time of the Year. I shall now beseech your Lordships, the Glory and the Honour of this Defeat may be ascribed unto God, for truly it is only due unto Him.
"My Lords, I should have been abler to have done Service, if the Numbers of Foot and Horse out of the several Counties had been made good unto me; but I shall not neglect my Duty, and shall beg this Favour from your Lordships, that you would esteem me worthy of your good Opinions, as
"Your Lordships most humble Servant,
Horn Castle, 12th October, 1643.
"I cannot hear that there was killed on our Side above Twenty, and hurt about Sixty."
Lord Mayor Elect presented to the House, for their Approbation.
Next, Sir John Wollaston Knight, Lord Mayor Elect of the City of London, was presented to this House, by the Recorder of London, and most of the Aldermen and Sheriffs of the said City; and the Recorder made a Speech to this House, shewing, "That, according to their Charter, and Custom of the said City, the Lord Mayor Elect was presented to the Lord Keeper, to be approved of, in Right of His Majesty; but, in the Absence of the Lord Keeper, they humbly desire that their Lordships would please to give their Approbation of him, and order that he may be sworn at the accustomed Day, by some of the Barons of the Exchequer; and made an Expression of the Faithfulness and Readiness of the City to protect the Parliament with their Lives and Fortunes."
Hereupon this House commanded their Speaker to declare, "That the Lords do conceive that, in the Absence of His Majesty, this Great Council of Peers is the most proper Place and Power for the City of London and your Lordship to address yourselves unto, for an Approbation of that Choice the City hath made of you for their Lord Mayor, whose Duty and Loyalty to the King and Kingdom hath well appeared already concerning the said City; and my Lords are well pleased that the City of London hath made Choice of your Lordship to govern the said City, especially in these Times of Trouble and Danger; recommending, in His Majesty's Absence, unto (fn. 2) you, that your Care may be great, to prevent all Tumults and Disorders that may grow in the said City, and to suppress all Factions that may appear there, to their Disquiet, or the Danger of this Kingdom."
Barons of the Exchequer to administer the Oaths to him.
"It is this Day Ordered, by the Lords in Parliament, upon the presenting of the Lord Mayor Elect of London this Day to the House, That the Barons of the Exchequer that are or shall be in or near London shall be Personally present, on the 30th of this Instant October, in the Exchequer Court, although the Term should be then adjourned, and then administer unto the said Lord Mayor Elect the usual Oath that hath formerly been administered to his Predecessors the Lord Mayor of said City of London."
And because of the Expressions of the Recorder, of the great Affection of the City to this House, their Lordships thought fit to appoint a Committee, to draw up a special Return of Thanks for the same.
And the House appointed the Earl of Sarum, Lord Viscount Say & Seale, and the Lord Wharton, to draw up the same; who reported the Draught thereof to this (fn. 3) House, which was approved of; and the Lord Mayor Elect, Mr. Recorder, and the Aldermen and Sheriffs, were called in, and the Speaker signified (fn. 4) to them; videlicet,
Thanks to the Aldermen, &c. for their Expressions of Affection to both Houses.
"That my Lords have thought fit to call you in again, to let you know, that they cannot but with many Thanks take Notice of the Expressions of Mr. Recorder, in the Name of the whole City, of the Readiness thereof to live no longer than with a Desire to live to declare their Affections to this House and the Parliament; which their Lordships make no Doubt of, they having observed so many real Expressions, in these dangerous Times, of their Faithfulness, and Assistance for the Safety of the Parliament and Kingdom, that they suit fully with their Expression now to this House; and have been such, and so eminent, as no Time or Story can parallel: And, as the Lords do acknowledge this with much Contentment, so they do again assure you, that their sitting here, and constant Care, shall be, as to endeavour and procure the Safety of Religion, the Parliament, and Kingdom in general; so in particular, and in especial Manner, the Safety, Prosperity, Honour, and Advancement, of your so-well-deserving and renowned City."
Ld. Howard's Petition, about Ld. Boteler's Estate.
The Petition of the Lord Howard of Est. was read, concerning the Estate of the Lord Butler. (Here enter it.)
And this House Ordered, To send it down to the House of Commons, with their Lordships Sense, "That they hold the Desire of the said Petition reasonable, and desire their Furtherance in it."
Sent to the H. C.
And accordingly it was sent down to the House of Commons, by Mr. Serjeant Whitfeild and Serjeant Fynch.
Petition from the Isle of Wight, for Ships to defend their Coasts.
A Petition of the Inhabitants of the Isle of Wight was read; desiring "some Ships, to preserve their Coasts; and some further Supplies of Strength, for their Preservation in this Time of Danger." (Here enter it.)
Ordered, To be specially recommended to the House of Commons, to take some speedy Course herein.
Sent to the H. C.
And accordingly it was sent down to the House of Commons, by Judge Reeve and Judge Bacon.
Message from thence, with Deputy Lieutenants Names for Kent.
A Message was brought from the House of Commons, by Sir Thomas Walsingham Knight, and others:
To desire their Lordships Concurrence, that Sir Wm. Springate, Sir Nic. Miller, Mr. Ralph Welden, Mr. William Boothby, may be added, to be Deputy Lieutenants for the County of Kent.
Answer returned as abovesaid.
Message from the H. C. w Committees Names for Derby and Rutland;
A Message was brought from the House of Commons, by Rob't Reynolds Esquire, and others; consisting of these Particulars:
1. To desire Concurrence, that Mr. Tho. Saunders may be added to the Committee for Darbyshire, and Mr. John Hatcher to the Committee for the County of Rutland.
and for Hertfordshire;
2. To desire that Captain Rowbotham, Tho. Sadler, Captain Wm. Barber, Tho. Cosens, Tho. Bigg of Porters-ende, James Nicholl of Wellinge, Tobias Combes, Jo. Clarke of Ashwell, Wm. Cockes of Shendley, Tho. Mitchell Junior, Jo. Glover, Wm. Dixon Senior, Captain Tho. Marshe, Tho. Greenehill of Langley, Nic. Kinge Junior, Edward Mitchell, Seth Gladman, Jo. Smith, Tho. Nicholls of Hartford, Isaack Puller, Tho. Mead, Joseph Dalton, Wm. Lone, Captain George Strattford, Captain John Kensey, Captain Wm. Burre, Timothy Weeden, Jo. Wright, Wm. Erles, Tho. Baily, George Banister, Jo. Fowles, Tho. Hanstun, Mathew Collyns, Hugh Parnell, Rob't Draper, Wm. Feilde, Rob't Papworth, Nath. Paine, shall be added to the Committee for Hertfordshire.
Agreed to all these.
and with Two Orders.
3. To desire Concurrence in an Order concerning raising of Monies for the Army. (Here enter.)
4. To desire Concurrence in an Order for raising of Monies for the Scotts. (Here enter it.)
The Answer returned was:
That their Lordships do agree to all the Particulars now brought up.
Answers from the H. C.
The Answer returned, by Serjeant Whitfeild and Serjeant Fynch, from the House of Commons, was, "That they agree to have the Lord Howard have the Prayer of the Petition granted."
The Answer returned by Mr. Justice Reeves and Mr. Justice Bacon is, "That they have delivered their Message to the House of Commons."
Message from thence, for Sir Peter Killegrew to attend the French Ambassador to Oxford;
A Message was brought from the House of Commons, by (fn. 5) Denzel Holles Esquire, and others:
To let their Lordships know, that the French Ambassador hath received some Stop at the Court of Guards, in his Journey to Oxford; and, for preventing the like Inconveniencies, and better Directions of him in the Way, the House of Commons think it fit that some Gentleman of Quality be appointed to attend upon him to Oxford; and they have nominated Sir Peter Killegrew for that Purpose, if their Lordships shall like of it.
and for Mr. Cawdrey to be One of the Assembly.
2. That it appearing, by Letter from Dr. Harris, One of the Assembly, that, by his Oath, he cannot be absent from his Charge at Winchester, being Warden there, and so cannot attend the Assembly; the House of Commons thinks it fit he be discharged from being a Member of the Assembly, and desire that Mr. Cawdrey, of Great Billing, in the County of North'ton, may be appointed to be One of the Assembly in his Place; wherein they desire their Lordships Concurrence.
The Answer returned was:
That this House agrees to all the Particulars of this Message.
Order for Sir Peter Killegrew to attend the French Ambassador.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Peter Killigrew shall attend and accompany Monseigneur Prince De Harcourt, Peer of France, and Ambassador Extraordinary for the Queen Regent and Crown of France to His Majesty of Greate Brittaine, to require, from both Houses, that all Persons whom it may concern do, upon all Occasions, give not only free Passage to the said Ambassador, his Retinue, and Carriages, but that Respect and Accommodation in his Journey to His Majesty as is fit and becoming a Person of his Quality and Eminency; and the said Houses of Parliament do expect, from all Persons whatsoever, a due and full Obedience to this Order: It is further Ordered, That the said Sir Peter Killigrew do carry with him no Letters, or any other Matters, that may be prejudicial to the Parliament."
Committees for the Advance of Monies, to distrain and imprison such as shall neglect to pay the Assessments.
"Whereas there have been divers Ordinances passed, for the raising and bringing in Monies, for Supply and Support of the great Affairs of the Kingdom, which, by the Neglect and Unwillingness of such who are intrusted with the raising, collecting, and bringing in of the said Monies, to use such Means as by the said Ordinances are appointed to bring in the said Monies, great considerable Sums of Monies are yet in Arrear, and not brought in: It is this Day Ordered, by the Lords and Commons, That the Committee of the Lords and Commons for Advance of Monies shall have Power to use all such Means as they shall think fit, by Distress or Imprisonment, according to the said several and respective Ordinances, to bring in the said Monies with all convenient Speed."
"An Ordinance of the Lords and Commons assembled in Parliament, for the Re-payment of all such Sums of Money as are or shall be lent, by any Person or Persons, for the speedy bringing of our Brethren of Scotland into this Realm for our Assistance in this present War.
Ordinance for Re-payment of all Monies that shall be lent, for bringing in the Scots to the Assistance of the Parliament.
"The Lords and Commons assembled in Parliament, taking into their serious Consideration the treacherous and bloody Plots, Conspiracies, Attempts, and Practices, of the Enemies of God, against the true Religion and Professors thereof, in all Places, especially in the Kingdoms of England, Scotland, and Ireland, ever since the Reformation of Religion, and how much their Rage, Power, and Presumption, are of late and at this Time increased and exercised, whereof the deplorable Estate of the Church and Kingdom of Ireland, the distempered Estate of this Church and Kingdom, and the dangerous Estate of the Church and Kingdom of Scotland, are present and Public Testimonies; and finding that their Supplications, Remonstrances, Protestations, and Treaties, have nothing at all prevailed, but that the adverse Party doth still endeavour the Destruction of our Religion, Laws, and Liberties, by Force and open Violence; and finding the same Popish and Jesuited Counsels and Practices, which have brought the Two Kingdoms of England and Ireland into the lamentable Condition under which they now groan, to have, in the Intentions of the Authors and Contrivers of them, extended likewise unto the Kingdom of Scotland: In this common Distraction and Danger of all the Three Kingdoms, as an effectual Means of their Preservation, they have thought it necessary, that all the well-affected to the true Protestant Religion, and just Liberties of the Subjects, in the Three Kingdoms, should enter into a nearer Union and Association, for the mutual Defence of each other; and, in Pursuance thereof, a solemn League and Covenant, for Reformation and Defence of Religion, the Honour and Happiness of the King, and the Peace and Safety of the Three Kingdoms, hath been agreed upon by the Two Kingdoms of England and Scotland, which, by the Members of both Houses of the Parliament of England, the Members of the Assembly of Divines, and the Commissioners of the Assembly of the Church of Scotland, hath been already taken and subscribed, and is now taking, and to be taken, in the Cities of London and Westm. and the Kingdom of Scotland, and all other Parts of this Kingdom, and in the Realm of Ireland: And whereas each Person, who hath taken, or shall take, the said Covenant, is bound, according to his Place and Calling, in this common Cause of Religion, Liberty, and Peace of the King doms, to assist and defend all those that enter into the same, in the executing and pursuing thereof; and that it cannot be expected that the Contrivers and Authors of our present Troubles will thereby be any whit moved to desist from their wicked Enterprizes, but rather that their Malice will be the more increased: Therefore, for the better resisting thereof, and the speedier settling of a blessed Peace, there are likewise certain Articles agreed upon, by the Two Houses of Parliament and the Kingdom of Scotland, whereby, amongst other Things, our Brethren of the Kingdom of Scotland, for our Assistance in this present War, are speedily to send an Army of Twenty-one Thousand Horse and Foot, and a Train of Artillery suitable, into this Kingdom: And whereas the Charge of levying, arming, and bringing those Forces together furnished, as likewise the fitting the Train of Artillery, will necessarily require great Sums of Money, which our Brethren of Scotland, by reason of the many Charges that have lain upon them of late, by their Irish Army and late Wars, are not able for the present to raise within that Kingdom; and so much the rather, by reason that the Brotherly Assistance is not yet paid unto them; we are, by these Articles, presently to pay unto them the Sum of One Hundred Thousand Pounds, by Way of Advance, towards the Monthly Payments to be made to their Army, after such Time as they shall make their First Entrance into this Kingdom; and, by these Articles, our Brethren of Scotland, to manifest their Willingness to their utmost Ability to be helpful to the Kingdom in this common Cause, have agreed to give the Public Faith of the Kingdom of Scotland, to be jointly made Use of with the Public Faith of the Kingdom of England, for the present taking up of Two Hundred Thousand Pounds Sterling, in the Kingdom of England, or elsewhere, for the speedy procuring the said One Hundred Thousand Pounds Sterling as aforesaid; and also a considerable Sum for the satisfying in good Proportion the Arrears of the Scottch Army in Ireland.
"The Lords and Commons likewise, sithence the sending of those Propositions or Articles from the Kingdom of Scotland, being credibly informed that nothing in human Probability can delay their speedy March into this Realm, but only the Want of Money; and considering the great Advantages that by Delay of their coming will be lost, and the Dangers that thereupon are likely to ensue; not being otherwise enabled to the speedy raising the said Sums as the Exigency of the Occasion requires, they have made a Committee, to procure, by Loan or otherwise, the said Sums of Money: And whereas divers well-affected Persons have lent, and subscribed to lend, divers Sums of Money for that Purpose; and, as they believe, divers others well-affected to our Religion and the Liberties of the Subject will do the like; now, for the Security of such Persons, and Provision for the Re-payment of such Sums, the Lords and Commons now assembled in Parliament do hereby Ordain, Order, and Declare, That the several Sums of Money so lent, and to be lent, as aforesaid, shall, together with the Consideration of Eight Pounds per Cent. for the Time of Forbearance, be re-paid unto the Persons that shall lend the same; for Performance whereof they do hereby engage the Public Faith of this Kingdom, being confident that our Brethren of Scotland, according to the Agreement in the said Articles mentioned, will in like Manner jointly engage the Public Faith of that Kingdom: And, for the further Encouragement of such Persons who have lent, or shall hereafter lend, any Sums of Money to the Uses aforesaid, the Lords and Commons do further Ordain, Order, and Declare, That the Thirty Thousand Pounds, heretofore ordained and appointed by an Ordinance of the Lords and Commons, towards the Payment of the Arrears of the Scottish Army in Ireland, shall be paid unto the Persons so lending; and do likewise Ordain, Order, and Declare, That Forty Thousand Pounds more, over and besides the said Thirty Thousand Pounds, out of the Rents, Issues, and Profits, that shall be first received upon the Ordinance or Ordinances of Sequestration of the Estates of Malignants throughout the Realm of England, shall be paid unto the Persons that have and shall lend the said Sums of Money: Provided always, That this Ordinance shall not in any Sort be prejudicial to any former Assignments or Designations of Money, to be paid to any other Uses, upon the said Ordinance or Ordinances of Sequestrations.
"And whereas, by the Blessing of God, it may be expected that, upon the coming in of our Brethren of Scotland, the Towns of Newcastle, Sunderland, and the Members, will be reduced to the Obedience of the King and Parliament, they being credibly informed that great Quantities of Coals, belonging to Delinquents, and others within the Ordinances of Sequestration, are already digged, and fit for Sale, they do hereby Ordain, Order, and Declare, That such Coals, as likewise the Profits that shall hereafter be made of any Coal-pits belonging to such Persons, shall be and remain, and shall be disposed of, for the Re-payment of the Persons that shall lend such Sums of Money: And they do further Ordain and Declare, That, upon the Coals of all other Person and Persons within the said Towns of Newcastle, Sunderland, and the Members, Two Shillings and Six Pence shall be paid, out of every Chaldron of Coals that shall be carried by Sea to any Parts of this Realm, and Thirteen Shillings and Four Pence upon every Chaldron that shall be transported to any Parts beyond the Seas; the said Rates to continue for and during the Space of Three Years, from the Time that the said Towns shall be reduced to such Obedience; and, to the Intent that the Profits aforesaid arising upon Coals may be applied to the Purposes aforesaid, the said Trade of Coals shall, during the Time aforesaid, be wholly under the Order, Regulation, and Survey, of the Committee of Parliament and City of London, already appointed, for raising of the said Loans and Sums of Money: And whereas no Sums of Money are, by the true Intent of the said Articles, to be paid towards the Maintenance of the Scottish Army for above the (fn. 6) Space of Three Months, and after their coming into this Realm, other than as aforesaid, whereby, during that Time, great Sums of Money may be expected out of the Estates of Papists, Delinquents, and others within the Ordinances of Sequestration, it is further Ordered, Ordained, and Declared, That the Rents, Issues, and Profits, of such Estates, during that Time, shall likewise be employed for and towards the Re-payment of the Sums of Money lent, and to be lent, as aforesaid; and, for that Purpose, shall be wholly, during the Time aforesaid, under the Order, Regulation, and Survey, of the said Committee of the Parliament and City, and of such Persons as shall be appointed to order the Sequestrations in those Parts.
"And, in Case any Sum of Money shall be borrowed in the Parts beyond the Seas, upon the joint Public Faith of both the Kingdoms, the said Loans and Sums of Money shall, out of the same, be re-paid unto the Persons that shall lend the same.
"And it (fn. 7) is further Ordered, Ordained, and Declared, That the said Sum of Two Hundred Thousand Pounds, to be lent as aforesaid, shall be divided into Three equal and even Payments, each Payment amounting to Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence; and that the Persons that shall first advance and lend the Sum of Sixty-six Thousand Six Hundred and Sixtysix Pounds, Thirteen Shillings, and Four Pence, shall be first satisfied and paid, the said Payment to be made in Manner following; that is to say, by Six equal and even Payments, whereof each Sum amounteth to Eleven Thousand One Hundred and Eleven Pounds, Two Shillings, Two Pence Three Farthings; the said Sum of Eleven Thousand One Hundred and Eleven Pounds, Two Shillings, Two Pence Three Farthings, to be proportionably paid to the Persons that lend the First Sum of Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, Four Pence; and, after the Payment of the first Eleven Thousand One Hundred and Eleven Pounds, Two Shillings, Two Pence, then the like Payments, from Time to Time, to be made until the whole Sum of the first Sixty-six Thousand Six Hundred and Sixty-six Pounds, Thirteen Shillings, and Four Pence, shall be paid; and the other Two Payments of the Residue of the Two Hundred Thousand Pounds shall be paid in Order of Time, Proportion, and Manner, as aforesaid: And it is hereby Ordered, Ordained, and Declared, That Richard Wareing of London Grocer, and Michaell Herring of London Merchant, shall be, and they are hereby appointed to be, the Treasurers, for the receiving of all such Sum and Sums of Money as shall be lent to the Purposes aforesaid; and that any Writing under the Hands of the said Richard Waring and Michaell Herring, testifying the Receipt of any such Sums of Money to be lent as aforesaid, shall sufficiently enable the Persons that shall lend such Sums of Money to demand and receive the same; and the said Richard Waring and Michaell Herring, for their Pains and Attendance upon the said Service, shall be allowed One Penny in the Pound, out of the Monies received by them upon the Loans beforementioned: And it is further Ordered, Ordained, and Declared, That the Committee of Parliament and City of London, appointed for raising the said Sum and Sums of Money, or any Five of them, shall have Power, from Time to Time, by Bills of Exchange or otherwise, to return or send such Sum and Sums of Money as shall be lent for the Purposes, unto the Committee now residing in Scotland, appointed by the Lords and Commons, or to any other Persons that may with most Convenience pay the same unto our Brethren of Scotland: And it is hereby further Ordered, Ordained, and Declared, That the Committee of Parliament and of the City of London shall have Power and Authority to advance the Service of raising the said Sums of Money, by voluntary Loans or Contributions, in such Manner, and by such Means, as they shall find to be most conducable thereunto."
Ld. Howard's Petition, to have the Wardship of Ld. Boteler, his Brother-in-Law.
"To the Right Honourable the Peers assembled in Parliament.
"The humble Petition of Edward Lord Howard,
"That the late Lord Boteler deceased, finding his Son and Heir never like to be of a disposing Memory, by reason of Ideotcy, conveyed his Estate, by Deed, to the Lord Dunsmore and Mr. Endimion Porter, in Trust, to pay Debts and Legacies, and to allow his Son, the now Lord Boteler, sufficient Maintenance during his Life, and to employ the Overplus of the Profits for the Improving and Increase of the Estate: After which Deed of Trust thus made, the Lord Boteler died; and the Lord Dunsmore and Mr. Porter, by the Approbation of the Court of Wards, undertook the Performance of this Trust; and, by Colour thereof, have taken the Rents and Profits of the whole Estate, and converted a great Part thereof to their own Use, and only allowing the now Lord Boteler One Hundred Pounds per Annum at the utmost.
"Now, forasmuch as your Petitioner's Wife was Sister to the now Lord Boteler, by whom he hath divers Children, and that the said now Lord Boteler hath no Issue, and the said Lord Dunsmore and Mr. Porter are both in actual War against the Parliament, and thereby disabled to perform the said Trust, or take Care of the said Ideot; may it please your Lordships, to take such Course, that your Petitioner and his Children, as next of Kin to the now Lord Boteler, may be authorized to receive the Rents, Arrears of Rents, and Profits, of the said Estate, for the better executing of the said Trust, and Maintenance of the now Lord Boteler; and to be accountable for the Surplusage of the said Estate in such Manner as the Parliament shall direct.
"And Your Petitioner shall ever pray, &c.
Order upon it.
"Whereas the House of Peers this Day sent down, by Messengers of their own, to the Commons House of Parliament, a Petition of Edward Lord Howard, with this Message, That they held it fit the said Lord Howard should be authorized to receive the Rents, Arrears of Rents, Issues, and Profits, of the Estate of the now Lord Boteler, an Ideot, and to have the Custody of his Person, and (allowing him a competent Maintenance) to be accountable for the Surplus of his Estate as both Houses of Parliament shall direct; in regard the Lord Dunsmore and Mr. Endymion Porter, Parties intrusted with the Custody and Estate of the now Lord Boteler, are in Arms against the Parliament; and in regard the Wife and Children of the now Lord Edward Howard are nearest of Kin to the now Lord Boteler; and whereas the Commons House of Parliament have returned an Answer, by the same Messengers, That they do concur with the House of Peers in the Desires of the said Lord Howward, as is mentioned in his Petition: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the said Lord Howard shall have, and is hereby authorized to undertake, the Custody of the now Lord Boteler, and to receive the Rents, Arrears of Rents, and Profits of the Estate, of the said Lord Boteler, from Time to Time, allowing the Lord Boteler a competent Maintenance, and to be accountable for the Surplusage of the said Estate in such Manner as both Houses of Parliament shall direct: And the Committees of the Lords and Commons for Sequestrations, and the Committees for Sequestrations in the Country, are to take Notice of this Order, that the said Lord Howard may enjoy the said Estate without Interruption."
House adjourned till 10a cras.