House of Lords Journal Volume 6: 1 February 1644

DIE Jovis, 1 die Februarii.

PRAYERS, by Dr. Hoyle.

Lords present this Day:

Ds. Grey de Warke.

Lords who come after Prayers, to pay to the Poors Box.

Ordered, That every Lord that comes after Prayers shall pay to the Poors Box, according to the ancient Order of this House.

Langhorne released.

It was moved, by the Lord Admiral, "That, in regard Mr. Langhorne, now a Prisoner in The Fleete, is sick, and submits himself to (fn. 1) the Order of this House, for Payment of Money to the Lord Admiral; for Performance of which, some Merchants have passed their Words to the Lord Admiral; therefore it was desired that the said Langhorne may be released:" Which this House Ordered accordingly.

The Lord General acquainted this House with what Answer he returned to the Earl of Forth, to the Parchment received from him; which being read, this House approved thereof: videlicet,

"My Lord,

E. of Essex's Letter to the E. of Forth, in Answer to the Packet from Oxford.

"I received this Day a Letter of the 29th of this Instant from your Lordship, and a Parchment subscribed by the Prince, Duke of Yorke, divers Lords and Gentlemen; but it neither having Address to the Two Houses of Parliament, nor therein there being any Acknowledgement of them, I could not communicate it to them.

"My Lord, the Maintenance of the Parliament of England, and of the Privileges thereof, is that for which we are all resolved to spend our Blood, as being the Foundation whereon all our Laws and Liberties are built.

"I send your Lordship herewith a National Covenant, solemnly entered into by both the Kingdoms of England and Scotland; and a Declaration passed by them both together, with another Declaration of the Kingdom of Scotland. I rest

"Your Lordship's humble Servant,
Essex."

Essex House, January 30th, 1643.

Ordinance concerning Middlesex.

Next was read, the Ordinance concerning Midd. and Ordered to be committed to these Lords following:

Their Lordships, or any Three, to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.

E. of Bridgewater's Excuse, for not being present at the Call of the House.

Next was read, the Earl of Bridgwater's Letter, written to the Speaker, for his Excuse for not attending this House the 22th January last, according to the Order of this House. (Here enter it.)

Difference between Wardlaw and Col. Gould, about the Government of Plymouth.

The Lord General acquainted this House with a Letter from Wardlaw, at Plymouth, concerning a Difference between him and Colonel Gold, for the Government of the said Town and Fort.

Ordered, That the Consideration of this Letter is hereby referred to the Committee for Poole, Lyme, and Plymouth, to take some speedy Course for the settling of the Differences between them, for the Preservation of that Place; and the Committee to meet this Afternoon.

Ld. Say & Seal to sit in the Court of Wards, to dispatch Business.

Ordered, That the Lord Viscount Say & Seale, Master of the Court of Wards and Liveries, is hereby commanded to sit in the Court of Wards and Liveries, to dispatch Business there; and that all the Officers and Clerks belonging to the said Court are likewise hereby enjoined to attend in their several Places, to dispatch the Business of that Court.

Message from the H. C. for Mr. Glynn to be Custos Brevium.

A Message was brought from the House of Commons, by Mr. Herbert and others:

To desire their Lordships, "That whereas formerly the Office of Custos Brevium was granted to Sir Edward . . . . . and Mr. Alston; the said Mr. Alston being now dead, and the Reversion in Sir Edward Hyde who is at Oxford, and Sir Henry Compton now in Possession of it is a Papist; they desire a Person of Trust may be made Custos Brevium in Reversion, (fn. 2) in the Place of Mr. Alston; and have nominated Mr. Glynn, Recorder of London, to be Custos Brevium, for which they desire their Lordships Concurrence in an Ordinance."

Which being read, this House Agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Sir H. Vane, Junior, and others;

To desire their Lordships Concurrence in Two Ordinances:

1. Concerning the recruiting of the Lord General's Army. (Here enter it.)

Read, and Agreed to.

Ld. Warriston to be added to the Assembly.

"2. Ordered, by the Lords and Commons, That the Lord Warriston shall be admitted into the Assembly, to be present there, and to debate upon Occasion."

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinances now brought up.

Message from the H. C. to prevent Lord Willoughby from challenging the E. of Manchester.

A Message was brought from the House of Commons, by Mr. Holles:

To give their Lordships Notice, "That they were informed of an Intention the Lord Willoughby had to send a Challenge to the Earl of Manchester; and thereupon Colonel Boynton and Colonel Pyckeringe made a Relation to them of it at their Bar; and they desire, if it may be with their Lordships Pleasure, that the Business might be taken into Examination; and that their Lordships would please to secure the Persons of such as their Lordships shall find to be most guilty, whereby the present Danger may be prevented which may otherwise ensue, and that Union amongst ourselves may be preserved in this Time when there is most Need."

The Answer returned was:

Answer.

That this House will take this Business into speedy Examination; and will send an Answer by Messengers of their own.

Earl of Manchester challenged by Ld. Willoughby.

This House taking into their Consideration this Business, conceiving it to be a Breach of the Privileges of Parliament that a Challenge should be sent to a Peer, sitting the Parliament; and the House commanded the Earl of Manchester to declare whether the Lord Willeughby sent him a Challenge or no.

And his Lordship confessed, "That he received a Letter from the Lord Willoughby on Tuesday last, being in the Nature of a Challenge, which Letter was delivered to him as he was taking Coach to come to the Parliament: And this Morning Colonel Boynton came to him, to tell him that there were some Intentions to put Affronts upon him; and therefore desired his Lordship would have a Care of himself."

Ld. Willoughby committed to the Custody of the Black Rod.

Hereupon this House Ordered, That, for the Affront offered to this House, the Gentleman Usher of the Black Rod shall presently take into his Custody the Lord Willoughby of Parham, and remain there until this House gives further Directions therein: And likewise these Lords following were appointed to examine this whole Business thoroughly, and report the same to this House; and have hereby Liberty to send for Colonel Askew, Colonel Boynton, Colonel Pykeringe, Colonel Essex, Colonel Sheffeild, Mr. Christopher Wray Second Son to Sir John Wray Knight, and such other Persons as they think fit to examine concerning this Business; and that the Persons aforesaid shall have Command given them from this House, by the Gentleman Usher of the Black Rod, that they shall not give any Provocation to any Person in the mean Time.

The Committees were these:

Committee to examine this Business.

Their Lordships, or any Three, to meet this Afternoon, at Three of the Clock, in the Prince's Lodgings.

Ordinance for Committees of both Houses to treat with the Scots Commissioners.

The Lord General informed this House, "That the Commissioners that came lately from the Kingdom of Scotland desired him to let this House know, that they are sent from that Kingdom with Instructions (fn. 3) to treat with some Commissioners, such as the Parliament shall appoint, about the managing of the Affairs of both Kingdoms."

Hereupon this House passed an Ordinance, to give Power to Committees of both Houses for this Purpose: Which being read, and approved of;

Message to the H. C. for their Concurrence in it.

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

To deliver unto them the aforesaid Ordinance, and to desire their speedy Concurrence therein.

Persons added to the Assembly.

Ordered, That this House approves of Mr. Rathbon and Mr. Strickland to be added to the Assembly.

Message to the H. C. that the Lords agree to them, and about Mr. Goad being added.

A Message was sent to the House of Commons, by the Messengers that carried the former Message:

To let them know, that this House agrees to the adding Mr. Rathbon and Mr. Strickland to be of the Assembly; and to desire them that they would agree that Mr. Goad be added to the said Assembly.

E. of Bridgewater's Letter of Excuse, for not being present at the Call of the House.

"My Lord,

"I had well hoped that my Excuse sent to your Lordship for my Absence from the Parliament House the Two and Twentieth of this January would have given full Satisfaction for the same; but hearing that neither that, nor my several Letters to my Lord of Bollingbrooke, hath done the Work, I shall hereby desire your Lordship and the rest of the Lords to make a favourable Interpretation of my Absence, occasioned by my Infirmities and Want of Health; for, whilst my Health would permit, I have as diligently given my Attendance at the House as most of the rest of the Peers, which I am confident will give Assurance that only my Infirmities have kept me thence; and I shall be willing to give my Attendance there when my Health and Strength will give me Leave: And this I desire your Lordship and the rest of the Lords to believe, until I in Person may give Testimony thereof, when it shall please God so far to enable me, which I with may be speedily. In the mean Time I rest,

"My Lord,
Your Lordship's
Well-wishing Friend,
and humble Servant,
J. Bridgewater.

27 January, 1643.

"For the Right Honourable the Lord Gray of Warke."

Ordinance for Mr Glynn to be Custos Brevium.

"Whereas His late Majesty King James, by Letters Patents under His Great Seal of England, bearing Date the Twelfth Day of December, in the Second Year of His Reign, did grant unto Sir Henry Crompton Knight of the Bath, by the Name of Sir Henry Crompton Knight, the Office of Custos Brevium in the Court of Common Pleas, to have and exercise the said Office, by himself or his sufficient Deputy or Deputies, immediately after the Death of Thomas Spencer and Richard Spencer, or as soon as the same should become void, and in the Disposition of His said late Majesty, His Heirs or Successors, by Death, Surrender, Forfeit, or otherwise howsoever, for the Natural Life of him the said Sir Henry Crompton.

"And whereas the said Thomas Spencer and Richard Spencer afterwards died, and the said Sir Henry Compton was admitted in and to the said Office, and was therefore seized as of his Freehold during his Natural Life.

"And whereas afterwards His Majesty that now is, by Letters Patents under His Great Seal of England, bearing Date the Fourth Day of December in the Tenth Year of His Reign, did, at the Nomination of the Right Honourable Phillip Earl of Pembroke and Mountgomery, grant the said Office unto Edward Hyde Esquire, to have and exercise the same, by his sufficient Deputy or Deputies, immediately after the Death of the said Sir Henry Compton, or as soon as the same Office should become void, and in the Disposition of His Majesty, His Heirs or Successors, by Death, Surrender, Forfeiture, or otherwise howsoever, for the Term of the Natural Lives of William Herbert Esquire, and John Herbert Esquire, Two of the Sons of the said Earl, and the Life of the longer Liver of them.

"And whereas His said Majesty that now is, by the same last mentioned Letters Patents, at the like Nomination of the said Earl, did grant the said Office unto Wm. Alston Esquire, to have and exercise the same, by himself or his sufficient Deputy or Deputies, immediately after the Decease of the said Sir Henry Compton and Edward Hide, or as soon as the same should become void, and in the Hands of His Majesty, His Heirs or Successors, by Death, Surrender, or Forfeiture, or in any other Manner whatsoever, for the Term of the Natural Lives of the aforenamed William Herbert and John Herbert, and the Life of the longer Liver of them; which said William Alston is sithence deceased.

"And whereas His said Majesty, after the Death of the said William Alston, by other Letters Patents under His Great Seal of England, bearing Date the Seventh Day of August, in the Fourteenth Year of His Reign, did, at the like Nomination of the said Earl, grant the said Office unto John Glynne Esquire, now Recorder of the City of London, to have and exercise the same, with all Fees, Profits, Advantages, Privileges, Rights, Liberties, Easements, and Emoluments, thereunto belonging, by himself and his sufficient Deputy or Deputies, immediately after the Decease of the said Sir Henry Compton and Edward Hide, or as soon as the same should become void, and in the Hands and Disposition of His Majesty, His Heirs or Successors, by Death, Surrender, or Forfeiture, or in in any other Manner, or for any other Cause, or upon any other Occasion whatsoever, for the Term of the Natural Lives of the said Wm. Herbert and John Herbert, and the Life of the longer Liver of them, which said John Herbert is yet living.

Stat. 3° Jac. Cap. 5°.

"And whereas afterwards (that is to say), the First Day of July, in the Sixteenth Year of His Majesty's Reign that now is, Ursulla the then and now Wife of the said Sir Henry Compton was legally convicted of Popish Recusancy; that is to say, for that (fn. 4) she, being above the Age of Sixteen Years, did not resort to any Church, Chapel, or other usual Place of Divine Service, there to hear Divine Service, and Sermon (if any were), according to the Laws provided in that Behalf; and therefore standeth convicted to this Day.

"And whereas the said Sir Henry Compton, by his said now Wife, and by a former Wife deceased, hath divers Children, Sons and Daughters, all which are trained up in the Popish Religion, and himself hath not received the Sacrament of the Lord's Supper, as by the established Laws of this Kingdom he ought to have done; by Means of which Conviction, and other the Premises, the Lords and Commons in Parliament assembled do Declare, That he the said Sir Henry Compton standeth utterly disabled in Law to hold or exercise the said Office, by himself or his Deputy; and that the said Office is now actually void.

"And whereas the same Edward Hide, since His Majesty's unhappy Departure from His Parliament, is gone to Oxford, and to other Places in His Majesty's Quarters, and there hath countenanced and fomented, and still doth countenance and foment, a bloody and unnatural War against the said Parliament: The Lords and Commons, out of their especial Care of the Weal Public, conceiving it most requisite that the Records of the Kingdom, especially such as concern the Inheritances and Estates of the Subject, should not be intrusted in the Hands of any other than a Person of approved Integrity and Fidelity; and the said Lords and Commons well approving the Integrity and Fidelity of the said John Glyn, do further Ordain and Declare, by Authority aforesaid, That he the said John Glyn shall and may have, exercise, and enjoy the said Office, with all Fees, Incidents, Profits, and Advantages thereunto belonging, for and during the Natural Life of the said John Herbert, according to the Purport and true Meaning of the aforementioned Letters Patents to him made as aforesaid.

"And the said Lords and Commons do hereby will and require the Justices of the said Court of Common Pleas, that they, or some or One of them, do forthwith upon the Sight hereof swear and admit him the said John Glyn in and to the said Office accordingly: And these Presents shall be unto them, and every of them, and to every other Person whom it may concern, a sufficient Warrant in that Behalf."

"An Ordinance for the present recruiting of the Army under the immediate Command of his Excellency the Lord General.

Ordinance for recruiting the Ld. General's Army.

"The Lords and Commons assembled in Parliament, taking into their Consideration the Necessity of speedy recruiting the Army under the immediate Command of the Lord General, and intending suddenly to settle a constant Pay for the said Army; and, for as much as they think it requisite, that, upon the recruiting of the said Army, Care likewise should be taken for the regulating and reforming thereof: The said Lords and Commons do therefore Ordain, That the said Army shall be forthwith recruited unto the Number of Seven Thousand Five Hundred Foot besides Officers, and Three Thousand Horse besides Officers, and shall consist of Seven Regiments of Foot, and Six Regiments of Horse, with a suitable Train of Artillery. And to the End the Lord General may be enabled speedily to recruit the said Army as aforesaid, be it further Ordained, That the Sum of Twenty Thousand Pounds be forthwith provided out of the Excise, or elsewhere, and paid unto Sir Gilbert Gerard Baronet, Treasurer at Wars, for the Purposes aforesaid; and that this Business may be recommended to the especial Care of his Excellency, to be speedily effected according to the true Intent of this Ordinance."

Adjourn.

House adjourned till 9^a, Saturday next.