Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 19 die Martii.
PRAYERS, by Mr. Delmy.
Ds. Grey de Wark, Speaker.
Answer to the H. C.
Dr. Aylett and Dr. Heath, sent Yesterday with a Message to the House of Commons, return with this Message:
That they will take all the Particulars into Consideration, and send an Answer by (fn. 1) Messengers of their own.
Capt. Hobart released.
Turner sent for.
Upon reading the Affidavit of Anthony Hobart: It is Ordered, That Captain James Hobart shall be released of his Imprisonment, and have the Privilege; as being a Captain in the Service of the Parliament; and that Thomas Turner, that spoke the uncivil Words, shall be sent for, to answer the same.
(Here enter the Affidavit.)
Papers from the Committee of both Kingdoms, about Capt. Stone, Governor of Stafford.
The Lord Viscount Say & Seale reported from the Commitee of both Kingdoms, "To communicate several Papers to this House;" which were read, as followeth:
"At the Committee of both Kingdoms at DerbyHouse.
"Ordered, That the Letter from Captain Stone to this Committee, with the Two inclosed Papers, be reported to both Houses; and if that, notwithstanding this Letter, the Lords be pleased to have Captain Stone sent for, it is desired that some Time be given for this Committee to put Stafford first into some secure Hands.
"Secretary to the same Committee."
Next, the Letter of Captain Stone was read, with the inclosed Papers, of the Warrant, and his Answer to it.
(Here enter the Papers.)
Capt. Stone sent for.
Ordered, That Stone shall be sent for, according to the former Order of this House; and that the Committee of both Kingdoms be desired to take Care that the Town of Stafford be put into secure Hands.
Message from the H. C. with Orders.
A Message was brought from the House of Commons, by Sir John Wraye Knight, &c.
To desire their Lordships Concurrence in these Particulars following:
1. An Order concerning the Earl of Mulgrave, and the Lord (fn. 2) Sheffield. (Here enter it.)
Read, and Agreed to.
2. An Ordinance for discharging the Delinquency of Edward Russell. (Here enter it.)
3. To desire Concurrence in Nomination and Approbation of Mr. Forde, formerly of Magdelen Hall in Oxford, to be admitted into the Assembly of Divines, in the Place of Mr. Bowles, deceased.
4. That the Committee of Lords and Commons for Advance of Monies at Haberdashers Hall do forthwith advance and pay, unto the Committee for the West, One Hundred and Fifty Pounds, for providing of Ordnance, for the Defence of Taunton, in Somersettshire.
The Answer returned was:
That this House agrees to all the Particulars of this Message now brought up.
E. of Lincoln committed to the Black Rod for Contempt.
The Lord General informed the House, "That the Earl of Lyncolne was in the Withdrawing room, and desired to have Leave to speak somewhat to this House by Word of Mouth, which he thought it sit to express in his own Words."
Hereupon this House considering, that, by reason of the Vote of this House, "That no Member should sit in the House, after the 17th Day of August, 1644, until he had taken the National Covenant;" the House sell into Debate, whether to admit him to come in, and hear him speak, or not; and, in the Midst of this Debate, the Earl of Lyncolne came in, without the Knowledge or Consent of this House: Whereupon the Peers in Parliament commanded him to withdraw; and his Lordship refused to obey the House, until the House commanded him peremptorily to withdraw; which he did.
And this House took into Consideration what Punishment to inflict upon the said Earl, for that Contempt done in disobeying the Commands of this House.
And it was Resolved, upon the Question, That the Earl of Lyncolne, for this Offence, shall stand committed to the Custody of the Gentleman Usher of this House, during the Pleasure of the House.
Capt. Stone's Letter to the Committee of both Kingdoms.
"To the Right Honourable the Committee of both Kingdoms. These humbly present.
"Mr. Richards served me with this inclosed Warrant, which when I considered, in regard I could not leave this Place without apparent Hazard thereof, and failing that Trust reposed in me by your Honours, I gave him this Answer inclosed (in Writing), lest any Thing should be wrested to my Prejudice, who shall ever make it my chief Care to serve the Public, and yield Obedience to such Commands as I shall receive from the Honourable Houses of Parliament.
"Colonel Rugeley (who came hither some few Days before) commanded some of the Soldiers not to take Orders from me, and required of me the Command of the Town and Forces, producing an old Commission from the Earl of Denbigh, to command the Forces of the County. I produced the Command I had from your Honours, which he slighted; and said, "The Earl of Denbigh's Commission was superior to that." I told him, "I would not dispute that, but would use that Power committed to me, until it was superseded." He also required the Keys of the Magazine from the Commissary, who is a very faithful Man; and further said, "The Committee of both Kingdoms disavowed any Order to Sir William Brereton, to secure him and Colonel Chadwicke; and that the Lord Say had denied his Hand to the Warrant; which particularly I shall prove (if called) by sufficient Witnesses; and, in regard they tend to the raising of Mutinies, and hindering the Proceedings before you concerning Colonel Rugeley and Colonel Chadwicke, I thought it my Duty to give your Honours an Account thereof, humbly referring the same to your judicious Consideration.
"And seeing the Enemy is moving with several strong Bodies in these Parts, and the Forces of this Garrison (which is of great Concernment) are by your Orders commanded to Salop;
"My humble Suit is, that your Honours would be pleased either to commit the Charge of this Place into such Hands as I may with Safety leave it; or else that you will be pleased to mediate to the Honourable House of Peers, that (until I shall be adjudged guilty of some Crime) I may remain here without incurring the Danger of Contempt, to attend that Trust reposed by you in
"Most humble Servant,
Stafford, March 3, 1644.
Warrant, to attach Capt. Stone, for Contempt.
"By virtue of an Order of Parliament, from the Honourable House of Lords to me granted, bearing Date the 13th Day of this present Month of February, for the attaching of the Body of Captain Henry Stone, for his Contempt, in not appearing according to an Order of the Tenth Day of January last past, made by the Honourable House of Lords: These are, therefore, to will and require you, by virtue of the said Order, forthwith to repair down to Stafford, in the County of Stafford, then and there to attach the said Henry Stone, according to the said Order, and to bring him up to Westm. to answer his said Contempt before the said Honourable House of Lords: And hereof you may not fail at your Peril.
"Given under my Hand, the 14th Day of February, 1644.
"Gentleman Usher of the Black Rod.
"To Thomas Richards Gentleman, my Deputy; and to all others whom this may concern."
His Answer, on being served with the Warrant
"I humbly submit to the Warrant from the Right Honourable the Lords of the House of Parliament, for my Appearance at London; only, in regard the Committee of both Kingdoms have required my Attendance here, to take Care of this Garrison until further Orders from both Houses of Parliament, and the Enemy being near our County, and having had Intelligence of a Design they have upon this Place, I do desire only to acquaint Sir William Brereton, that he may take some Care of the Town in my Absence; which he having done, I shall suddenly repair to London to attend the Lords. Before that be done, I conceive it will not be safe for the Town or County for me to leave."
Order for paying the E. of Mulgave's and L. Sheffield's Allowances.
"Whereas, by several Orders of both Houses of Parliament, and of the Committee of Lords and Commons for Sequestrations, bearing Date 1 Junii, and 3 Junii, 1643, Fifty Pounds per Week was assigned to the Earl of Mulgrave out of the Sequestrations, and Ten Pounds per Week to Edmond Lord Sheffeild his Grandson; and whereas, by Ordinance of Parliament, bearing Date 11 Aprilis, 1644, the Sequestrations were assigned for the Payment of the Scotts Army in Ireland, till the Sum of Sixty Thousand Pounds should be raised: It is Ordered and Declared, by the Lords and Commons in Parliament assembled, That, notwithstanding the said Ordinance for the Payment of Sixty Thousand Pounds for the Scotts Army in Ireland, or any other Ordinance for Payment of Monies out of the Sequestrations, not preceding the said Orders of 1 and 3 Junii, 1643, the said Sums of Fifty Pounds and Ten Pounds per Week and the Arrears thereof ought to be paid to the said Earl, and the Lord Sheffeild; and the Treasurers of the Sequestrations at Guildhall are hereby Ordered to pay the same accordingly, until both Houses take further Order."
Order for Discharge of Mr. Russell's Delinquency.
"Whereas Edward Russell, of Wooburne, in the County of Bedford, Esquire, hath been fined Five Hundred Pounds for his Delinquency, to pay the same, by Way of Composition, to the Use of the State, and, in Pursuance of the said Composition, hath paid, and given Security to pay, the same, to the Committee at Gouldsmithes Hall, intrusted for that Service: It is this Day, therefore, Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, and the said Lords and Commons do hereby Order, Ordain, and Declare, That the Sequestration of the said Edward Russell's Estate, in what County or Place soever, shall be, and is hereby, taken off and discharged; and that he be likewise discharged for his Fifth and Twentieth Part; any former Direction, Declaration, or Ordinance, notwithstanding."
Affidavit concerning Captain Hobart's Arrest.
"Whereas Captain James Hobart, upon Saturday last was a Sevennight, being the 22th Day of February, was employed in the Parliament Service at Norwich, in which City the said Captain Hobart was arrested, upon a Billet, at the Suit of one Rookewood Robinson and Elizabeth his Wife, by the Prosecution of one Thomas Turner, an Attorney or Solicitor: Now Anthony Hobart Gentleman deposeth, and faith, upon his Oath, That he, being then present, at the Time aforesaid, did tell Thomas Barrett and Barnard Church, the Sheriffs of the said City, that the said Mr. Hobart was a Captain in the Parliament Service, by Commission under the Hand and Seal of his Excellency the Earl of Essex, a true Copy whereof this Deponent did then deliver to the said Sheriffs; yet they obstinately refused to discharge him, giving a slight Answer thereunto; so they caused their Serjeants, or Officers, to carry him to their Gaol, where he now is: Moreover, the said Thomas Turner said to this Deponent, "That he did not care a Turd for the Earl of Essex's Commission, nor any Parliament Lord of them all; for he said, that if the said Sheriffs would send the said Captain Hobart to the Gaol, he would enter Bond or Security of One Thousand Pounds, to save them harmless;" or Words to that Effect. And this Deponent further deposeth, That the said Captain Hobart went purposely at the Time aforesaid to Norwich, for to deliver a Letter to the Committee of Sequestrations, under the Hands of Sir John Potts and Miles Corbett Esquire, Two of the Honourable Members of the House of Commons, which Letter was written in the Behalf of the said Mr. Hobart, and to raise Monies for the Parliament Service; and, at his Return from the Committee House at Norwich, the said Sheriffs Officers arrested the said Mr. Hobart, and carried him to the Gaol as aforesaid.
"Jur. 3 die Martii, 1644.
House adjourned till 9a cras.