House of Lords Journal Volume 6: 7 February 1644

DIE Mercurii, videlicet, 7 die Februarii.

PRAYERS, by Mr. Carryll.

Lords present this Day:

Ds. Grey de Warke.

Ordinance for Reprisals of Currants.

The Lord Admiral presented to this House an Ordinance concerning Reprisals, which will be very beneficial to this State; which this House commanded to be read.

And accordingly it was read Twice, and committed to these Lords following:

Report of the Covenant tendered to absent Lords.

The Earls of Rutland and Bollingbrooke reported to this House, "That they have, according to the Order of this House, tendered the Covenant to divers Lords; and the Earls of Holland and Bedford took it and subscribed it very freely and readily, with hearty Expressions that they would live and die with the Parliament: That the Lord North did willingly and readily take and subscribe it: The Lord Willoughby of Parham, being sick, desires some few Days to consider of (fn. 1) it, and then he would give an Account of it himself to this House: That the Lord Berckley, being very ill, and a-bed, desired to be excused for that Time; and said, he would come this Morning to this House, and take and subscribe it: Concerning the Earl of Bridgwater, he says some Things in the Covenant his Heart goes along with them, and other Things are doubtful to him; and therefore (fn. 2) desires some Time to consider of it."

And this House Ordered, He shall have Time until Friday Morning next.

Lady Mildmay's Petition, about the Sequestration of Sir Henry's Estate.

Upon reading the Petition of Jane Mildmay, Wife of Sir Humphry Mildmay, of Danbury, in Essex; shewing, "That the Estate of her Husband, for leaving his House and Dwelling in London, hath been sequestered, and no Rents paid this whole Year and upwards, whereby the Petitioner, who never hath stirred from her Abode, and Four small Children, be reduced to much Want and Extremity; in regard where of, the Committee for Sequestrations in Essex, besides the Allowance of the Fifth Part out of Six Hundred and Twenty Pounds a Year, hath referred the Petitioner for further Relief, by their Testimonial Letters, to the Committee of Lords and Commons for Sequestrations; and by the said Committee the Petitioner is referred to this House, by the annexed Order.

"Therefore the Petitioner desires their Lordships so far to take into Consideration the constant Good-will and Affection of her, who, upon the very First Propositions, when she could command no other Monies, sent in her Plate of her own Chamber for the Service of the State, besides Horses and other Supplies since; and so far to commiserate the Distress of Four innocent Children, as to refer the Relief of their miserable Condition unto the Wisdom and Discretion of the Committee of Lords and Commons."

Ordered, That this House thinks fit to grant the Desire of this Petition; and that the same be recommended to the House of Commons, with the same Recommendations as the Lady Chandois her Petition was.

Widow Fane's Petition, to appoint Mr. Sandys Clerk of the Court of Wards and Liveries.

Upon reading the Petition of Amabella Fane, late the Wife of Anthony Fane Esquire, deceased; shewing, "That her late Husband had, about Five Years since, a Grant for his Life, from His Majesty, under the Great Seal of England, of the Reversion of the Clerk of the Court of Wards and Liveries, after the Death of Ric'd Chamberlyn and Hugh Awdley, or either of them, or any other Determination of their Estate therein: The said Ric'd Chamberlyn having been a long Time with His Majesty (fn. 3) at Oxford, hath occasioned the Honourable House of Parliament to sequester his Estate and Office, as by an Ordinance of both Houses of Parliament, dated the 21th of September last, will appear: That the Petitioner, about November last, petitioning the Committee for Revenue to have the said Place conferred upon such Person as she should nominate, in regard her said Husband was slain in Service for the Parliament, the said Committee acquainted the House of Commons therewith; who were pleased thereupon, by Order, to confer it upon such Person as she should nominate, for her Use; and afterwards the Petitioner nominating unto the said Committee one John Reading Esquire, the Committee conferred the said Place upon the said Reading, as by the Orders appeareth, whose Name the Petitioner for some Reasons desireth to alter.

"Therefore the Petitioner prayeth their Lordships to confirm the Order of the said House of Commons; and to confer the said Place upon one Thomas Sandys, of The Middle Temple, Esquire, to execute the said Place as her Deputy, for the Benefit of her and her Children, in Lieu of the said John Readinge."

Upon this the House Ordered, That this House thinks fit that the Petitioner should name such a Person to be Deputy to supply the said Office, for her Use, as the Lord Viscount Say & Seale, Master of the Court of Wards and Liveries, shall approve of, and think fit for to supply that Place.

Dispute between the Earl of Manchester and Lord Willoughby.

Next, the Earl of Northumberland reported from the Committee the Examination upon Oath of Colonel Askew, and the Examination of the Lord Willoughby; setting forth the Particulars as he conceived to be the Personal Injuries which the Earl of Manchester had offered him; and also the Examination of the Earl of Manchester was read, setting forth the Satisfaction which he had given to the Lord Willoughby in his Letters.

(Here enter the Examinations.)

Upon Consideration of the whole Matter, this House Ordered, That this Committee following shall draw up what they think fit, upon the Sense of this Debate, to be done for the ending of this Business, and preventing the like for the future, and for avoiding Provocations; and what shall be said to the Lord Willoughby:

L. Willoughby to be released.

Ordered, That the Lord Willoughby of Parham is to be discharged of his present Restraint, and be brought to this House this Afternoon.

Message from the H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To let their Lordships know, that they are Resolved to sit this Afternoon, at Four of the Clock; and they desire their Lordships would please to sit likewise.

The Answer returned was:

Answer.

That this House will sit at Four of the Clock this Afternoon, as is desired.

Message from thence, with Orders.

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

To desire their Lordships Concurrence in these Orders; videlicet,

1. Sir Tho. Middleton's Ordinance.

2. An Order concerning the Custos Brevium.

3. An Order, That the Levant Company may land Zant Currants.

The Answer returned was:

Answer.

That this House will take these Particulars into Consideration, and send an Answer by Messengers of their own.

Ordinance for taking the Accompts of the Kingdom.

Ordered, That the Ordinance concerning taking the Accompts of the Kingdom be hereby referred to these Lords following, who are to report their Opinions thereof to this House:

Ordinance for raising Forces in Middlesex.

Ordered, That (fn. 4) the Committee for the Ordinance for raising Forces in Midd. shall (fn. 4) meet To-morrow in the Afternoon, and take the same into Consideration.

A Peer and Assistants take the Covenant.

This Day the Lord Berkley took and subscribed the Covenant of the Three Kingdoms.

Also the Assistants and Attendants of this House took and subscribed the said Covenant; videlicet,

The Lord Newburgh, Chancellor of the Dutchy.
Mr. Baron Trevor.
Mr. Justice Reeves.
Mr. Justice Bacon.
Mr. Serjeant Whitfield.
Mr. Serjeant Fynch.
Sir Edward Leech.
Sir Rob't Rich.
Mr. Page.
Dr. Aylett.
John Browne Esquire, Clerk of the Parliaments.
John Bolles, Clerk of the Crown in Chancery.
Alexander Thayne, Gentleman Usher of the Black Rod.
John Mylles, and John Throgmorton.

Delinquents to brought to Justice.

It was moved, because One Article of the Covenant is the bringing of Delinquents to Justice, "That a Message might be sent to the House of Commons, to let them know, that the Assistants and Attendants of this House have taken and subscribed the Covenant; therefore to desire them that they would hasten the bringing of Delinquents to Trial, so far forth as is proper for them; and to let them know, that it is not the Fault of this House, that Delinquents are not proceeded against."

Examinations concerning the Dispute between the Earl of Manchester and Lord Willoughby.

"The Deposition of Colonel Aschough, touching the Business between the Earl of Manchester and the Lord Willoughby, taken upon Oath before the Lords Committees, the 5th Day of February, 1643.

Colonel Ayscough's.

" (fn. 5) To the First Interrogatory he saith, That the Earl of Manchester did not read to him the whole Letter; but some few Lines at the latter End thereof, as he conceives.

"To the second Interrogatory he answereth Negatively: But he saith, That the Earl of Manchester told him, that he had always honoured the Lord Willoughby, and therefore wondered much why he should send him such a Letter; and that he thought he did himself Wrong therein: Unto which this Deponent answered, That some of his Lordship's Officers had done both the Lord Willoughby and his Officers Wrong, as did appear by a printed Paper which this Deponent had then in his Pocket, containing some Things which were (fn. 5) said to be spoken by Colonel Cromwell, concerning the Lord Willoughby and his Officers; and he also saith, That, at the same Time, he told the Earl of Manchester, that he heard that Colonel King and some other Officers of his Lordship were putting forth a Declaration against the Lord Willoughby and his Officers, and were procuring Hands thereunto in the Country; but, getting none or very few, left it off.

"Edw. Ayscoughe."

"The Examination of the Lord Willoughby of Parham, taken before the Lords Committees, touching the Business between the Earl of Manchester and his Lordship, the 5th of February, 1643.

Lord Willoughby's.

"Who saith, That One of the Occasions of the Differences between his Lordship and the Earl of Manchester was a Remonstrance, which was set out about the Country, wherein Colonel Kinge was a principal Actor, tending to the Defamation of his Lordship, whereunto Hands were endeavoured to be procured by Colonel King; and the Parties threatened, that, if they did not subscribe it, the Earl of Manchester should withdraw his Forces.

"And another Occasion was, that the Earl of Manchester, without any Authority of Parliament, or Commission from the Lord General, as ever he saw, had taken his Command over his Head, by granting out Commissions and Warrants in his own Name, and forbidding Obedience to any from this Examinate, or any other.

"And another Occasion was, That the Earl of Manchester had assumed the whole Honour of the Success of Affairs in Lyncolneshire, which his Lordship conceived derogatory to his Honour, having joined in the Service.

"And another Particular was, a Letter which the Earl of Manchester sent to Major Lowenger, which his Lordship hath delivered in unto the Lords Committees.

"F. Willoughby."

"The Letter to Major Lowenger.

E. of Manchester's Letter to Major Lowenger, to deliver up Tattershall Castle to Col. Davis.

"For my esteemed Friend, Major Lowenger, at Tattershall Castle, in Lyncolneshire.

"SIR,

"The Houses of Parliament having intrusted me with the Militia of Lyncolneshire, and with all the Castles and Strengths in that County, I must desire you to deliver up the Castle of Tattershall, now in your Possession, to Lieutenant Colonel Daves: And seeing Lyndsey Coast is freed now from the Enemy, and that the Horse are useless there, I desire you, together with Captain Rosseter, to draw them all into Kestaven, to join with such Horse as I have there, to prevent the Enemy from plundering those Parts; and to perform such further Services as tend to the securing of those Parts, and the avoiding of the Enemy. Thus, with my Respects to you, I rest

Your assured Friend,
E. Manchester."

Cambridge, 2 January, 1643.

"The Earl of Manchester's Answer to the Lord Willoughbie's Exceptions against him, taken before the Lords Committees, the 5th of February, 1643.

Earl of Manchester's Answer to Lord Willoughby's Exceptions against him.

"To the First he saith, He never heard any Thing thereof until Colonel Ascough told his Lordship of it, which was that Day Colonel Aschough was first examined before this Committee.

"To the Second he saith, He granted out Commissions according to the Ordinances of Parliament in that Behalf.

"To the Third he saith, That for any good Success in Lyncolneshire, he ascribes it to God, and not to himself; neither hath he mentioned any Thing derogatory to my Lord Willoughby in any Letter.

"To the last, he acknowledgeth the Letter to be written by him to Major Lowenger in a friendly Way; and concerning the Contents thereof, his Lordship referreth himself to the Ordinances of Parliament.

"E. Manchester."

Mr. Farmer to be Sheriff of Northampton.

It was moved, "That in regard Mr. Norton, who is nominated to be Sheriff for the County of North'ton, is an infirm Man, and therefore unable to perform that Office, That Mr. Edward Farmer of Dayntry may be nominated to be Sheriff in his room;" which this House Agreed to, and Ordered to be communicated to the House of Commons, for their Concurrence therein.

Covenant to be tendered again to the E. of Bridgewater.

Upon the Report of the Earls of Rutland and Bolingbrooke: It is Ordered, That the said Lords shall again repair to the Earl of Bridgwater on Friday next; at which Time if he do not take and subscribe the Covenant, this House will understand it to be a Refusal: And this the Lords in Parliament think fit to acquaint his Lordship with in the mean Time, that thereby the said Earl may take his Resolution in this Particular accordingly.

House adjourned till 5^a post meridiem.

Post meridiem.

PRAYERS.

Lords present this Afternoon:

Ds. Grey de Warke.

Whitehall House protected.

Ordered, That nothing belonging to His Majesty in His House at Whitehall shall be stirred or removed from thence, without the Order of both Houses of Parliament: And Notice hereof to be given to the Earl of Pembrooke, who hath the Charge of that House, and such Things therein as belongs to His Majesty.

Judgement in the Dispute between the E. of Manchester and L. Willoughby.

The Earl of Northumb. reported from the Committee a Draught of what they conceived fit to be said to the Lord Willoughby; which was commanded to be read, as follows:

"That, upon Consideration of the Examinations taken concerning the late Difference between the Earl of Manchester and the Lord Willoughby, the Lords have judged, That the Earl of Manchester hath done nothing but what was agreeable to his Duty, and according to the Ordinances of Parliament; and do disapprove the Proceedings of the Lord Willoughby, in sending a Challenge to the Earl of Manchester, as being an Offence to this High Court, and an Injury to the Earl of Manchester, being grounded upon Mistakes and Misunderstandings; and the Lords do command the Earl of Manchester and the Lord Willoughby, that, neither in their own Persons nor by any others, they do further prosecute this Difference."

Ordered, That this House approves of this; and that it be delivered to the Lord Willoughby, as the Judgement of the House.

And the Lord Willoughby was called in; and, standing in his Place, the Speaker by the Command of the House read it to him.

And his Lordship answered, "That, as he told the Committee he would submit to the Pleasure of this House, so he doth now."

Hereupon this House discharged his Lordship from any Restraint concerning this Business; and Declares, That Colonel Askew, Colonel Sheffield, and the rest of the Gentlemen that are concerned in this Business, are likewise discharged from any further Question or Trouble touching the aforesaid Business.

Ordinance for Reprisal of Currants.

The Lord Admiral reported from the Committee the Ordinance concerning Reprisals of Currants, as fit to pass without any Alterations; which being read, this House approved of it.

Fleetwood to be Receiver of the Court Wards.

Next, the Ordinance concerning nominating Mr. Charles Fleetewood to be Receiver of the Court of Wards was read Thrice, and approved of.

Reading to be Clerk of ditto.

Likewise the Ordinance for nominating Mr. John Reading to be in Mr. Chamberlaine's Office, in the Court of Wards, was read Thrice, and approved of.

Message to the H. C. with Ordinances.

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

(fn. 6) To desire their Concurrence in the Ordinance concerning the Reprisal of Currants, and the Ordinance concerning Mr. Charles Fleetewood to be Receiver of the Court of Wards and Liveries.

Next was read, an Order this Day brought up from the House of Commons; videlicet,

Levant Company to import Zant Currants brought Home in The Falcon.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Levant Company shall have Liberty to import and land the Zant Currants brought by the said Company upon the Ship Golden Falkcon, paying the Custom and Excise due for the same, and Six Shillings per Hundredweight over and above the Custom and Excise."

Ordered, That this House agrees to this Order.

Barnard, Prothonotary of the Common Pleas.

Next, the Ordinance for making Mr. Bernard Prothonotary in the Common Pleas was read Twice; and nothing being objected to it, it was read the Third Time, and Agreed to. (Here enter it.)

Mr. Farmer, to be High Sheriff of Northampton.

"It is this Day Ordered, by Lords and Commons in Parliament assembled, That Edward Farmer, of Daventry, in the County of North'ton, Esquire, shall be High Sheriff of the said County, in the room and Place of John Norton Esquire, lately nominated for the same."

Message from the H. C. for the Earl of Middlesex's Assessment to be assigned to the Earl of Stamford, towards his Arrears.

A Message was brought from the House of Commons, by Mr. Stroude, &c.

That they have taken into Consideration the supplying the Earl of Stamford with some Money towards his Arrears; and they desire that the Thousand Pounds assessed upon the Earl of Midd. for his Twentieth Part may be assigned unto the Earl of Stamford, upon Accompt.

Ordered, That this Business shall be taken into Consideration To-morrow Morning, by the whole House; and the Earl of Midd. to have Notice of it, to be here.

Sir Thomas Middleton's Ordinance.

The Ordinance for Sir Tho. Middleton was read Twice, and committed to the

Any Three, to meet To-morrow.

Kilvert's Petition.

Upon reading the Petition of Roger Kilvert, Merchant: It is Ordered, That the said Petition is referred to the Judges, who are to examine the Business, and report the same to this House.

Ordinance for Mr. Barnard to be Second Prothonotary of the Common Pleas.

"Whereas the Custos Brevium of the Court of Common Pleas for the Time being (as often as the Office of Second Prothonotary of the same Court hath become void) hath Time out of Mind used to nominate and present a fit Person thereunto, as an Incident to the Office of Custos Brevium; and whereas the said Office of Second Prothonotary is lately become void, by the Death of John Gulston Esquire, late Second Prothonotary of the said Court; and whereas John Glyn Esquire, Recorder of the City of London, and Custos Brevium of the said Court, hath, at the Instance of the Right Honourable Phillip Earl of Pembrooke and Mountgomery, openly declared in Parlia ment, and elsewhere, that he intendeth to nominate and present Richard Barnard, of Lincolnes Inne, in the County of Midd. Gentleman, in and to the said Place of Second Prothonotary, so void as aforesaid; and whereas some Doubt hath been made, whether the Admission of the said Richard Barnard in and to the said Place doth not belong to the Chief Justice of the said Court only, and to none other of the Justices:

"The Lords and Commons in Parliament assembled, well approving of the Abilities and Integrity of the said Richard Barnard, and the Purpose of the said John Glyn so to nominate and present him the said Richard Barnard as aforesaid, and seriously weighing the evil Consequence which may ensue, not only to that Court, by Neglect of the Service thereof, but to the whole Kingdom, by the Want or Delay of Justice, if, in the Vacancy, Absence, Sickness, or (fn. 7) wilful Refusal, of the said Chief Justice, fit and experienced Persons, nominated and presented in and to Ministerial Offices, especially such as concern the Execution of Justice in the said Court, by such Persons as have Right so to do, shall not be sworn and admitted by the same Court in and to the Offices whereunto they are so nominated and presented as aforesaid; have hereby Declared, and by Authority of this present Parliament do Declare, That the Right and Power of admitting such Ministerial Officers as aforesaid doth not belong to the Chief Justice of the said Court solely; but that, in the Vacancy, Absence, Sickness, or wilful Refusal, of the said Chief Justice, the said Court, or any other of the Justices of the same, may and ought, without the said Chief Justice, swear and admit such Ministerial Officers, so nominated and presented as aforesaid, in and to the Offices and Places, whereunto they shall be so nominated and presented: And therefore the said Lords and Commons do, by Authority aforesaid, will and require the Justices of the said Court, or some or One of them, forthwith upon Sight hereof, at the Nomination or Request of the said John Glynn, to swear and admit the said Richard Barnard in and to the said Office of Second Prothonotary; to hold and exercise the same, with all Fees, Profits, and Advantages, thereunto belonging, as his Freehold, for his Life, according to the Custom of the said Court, in as ample Manner to all Intents and Purposes as the said John Gulston, or any other exercising the said Office heretofore, lawfully had, exercised, or enjoyed the same; ordaining, and hereby further requiring, the Justices of the said Court, not to admit in or to the said Office of Second Prothonotary, for this Turn, any Person whatsoever other than the said Richard Barnard.

"And these Presents shall be unto them, and every of them, and to every other Person whom it may concern, a sufficient Warrant in and for the Premises."

Adjourn.

House adjourned till 10^a cras.