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 Saturni, 15 die Novembris.
PRAYERS, by Mr. Carter.
Ds. (fn. 1) Grey de Warke, Speaker.
Worger to be inducted to Brashbrough.
Ordered, That Sir Nath. Brent shall give Institution and Induction to Alexander Worger Clerk, and Master of Arts, to the Rectory of Brashbrough, in Lyncolnshire.
Message to the H. C. for Concurrence in Ordinances.
A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:
1. To desire their Concurrence in the Ordinance concerning the Abuse of Coats of Arms.
2. To desire Concurrence in the Alterations in the Ordinance concerning the College of Westm.
and Letters to Denmark, &c.
3. To desire Concurrence in the Ordinance concerning the Letter to the King of Denmarke, with the Alterations.
4. To desire Concurrence in the Letter to be sent to the Marquis of Brandenburgh, with the Alterations.
Lady Stapleton's Cause.
Ordered, That the Cause between the Lady Stapilton and the Court of Wards shall be heard by this House on Thursday next; the 20th of this Month.
Earl of Ancram's Petition for Privilege, as a King's Servant.
Upon reading the Petition of the Earl of Ancram, a Servant to His Majesty; desiring "the Protection of this House, as his Privilege, in being the King's Servant." (Here enter it.)
It is Ordered, To be considered of on Tuesday Morning next; and the Proceedings of this House to be considered of, whether Privilege in this Kind hath not been denied to the King's Servants.
Berchet & al. Petition about Hatfield Chase.
Upon reading the Petition of Peter Berchett Minister of God's Word, John Barrell, &c. concerning the Inhabitants of the new-improved Grounds lying in the Level of Hatfield Chace. (Here enter it.)
It is Ordered, To be referred to the Committee of Petitions, who, after Consideration thereof, are to report their Opinions.
Mr. Rowe to carry the Letter to the Parliament of Scotland.
Ordered, by the Lords assembled in Parliament, That Mr. William Rowe, Secretary to the Commissioners that were sent from both Houses to the Parliament of Scotland, shall carry the Letter and other Particulars to be now sent from both Houses to the Parliament of Scotland, concerning the Delivery-up of the English Garrisons now in the Possession of the Scottish Forces; and desire an Answer to the said Letter, and return with Diligence.
"And it is further Ordered, That it be referred to the said Commissioners of both Houses, to dispatch him accordingly; and to send Duplicates by another Hand, for more Security, if they shall think fitting."
The House this Day further proceeded to hear the Counsel concerning the Cause between Anne Hawes Widow, &c. and Nic's Hawes, concerning a Decree in the Court of Wards.
But, before the Counsel were called in, the House gave Directions to the Gentleman Usher, to know of the Attorney of the Court of Wards and Liveries that now is, whether he desires to be heard concerning this Business.
And the Gentleman Usher returned with this Answer from him, "That he did not desire to be heard, unless the House would command him."
Hereupon the House (fn. 2) gave him Command herein.
The House proceeded to hear the Counsel of the Plaintiffs and Defendant.
The Counsel of the Plaintiffs desired the Reversal of the said unjust Decree in the Court of Wards, and direct a Trial at Law for the Inheritance.
The House taking this whole Business into Consideration; and it appearing that the Court of Wards, in decreeing Matters of Inheritance, and in depriving the Testimony of Witnesses, by being made to consess an Entry, and so were made Parties to the Cause, was unjust; and, by the Statute, that Court hath no Power to decree Inheritances.
Decree of the Court of Wards concerning it, reversed.
It was Resolved, upon the Question,
"That the said Decree is hereby revoked, and made void; and a Trial be had at Law."
And the Earls of Lyncolne, Bolingbrooke, and Denbigh, and the Lord Wharton and Lord Robertes, are appointed to meet, (fn. 3) and draw up this Decree, and how to direct a Trial at Law.
To meet on Wednesday Morning next; and Mr. Justice Reeves and Justice Bacon to attend the said Committee.
Sir C. Mordaunt and Cole.
Upon the humble Desire of Sir Charles Mordant, with Consent under the Hand of Basset Cole, "That he might have Enlargement of Ten Days; and that, if in those Ten Days he do not give Mr. Cole Satisfaction according to the Order of this House, he may be a Prisoner again, according to the same Order."
Which this House Ordered accordingly.
No Message to be received after Noon.
Ordered, That no Message be received from the House of Commons after Twelve a Clock.
Paper from the Scots Commissioners.
A Scotch Paper was read; and Ordered to be sent to the House of Commons. (Here enter it.)
E. of Ancram's Petition for Privilege, as a King's Servants.
To the Right Honourable the House of Lords.
"The Petition of Robert Earl of Ancram;
That whereas your Petitioner's Estate lying most Part of it in Som'settshyre, where he can receive nothing of it, because the Armies have been there so long, the Tenants pretend that all they have is taken by the Soldiers, and for paying of Assessments.
And whereas he hath, out of the Exchequer, a Pension for his long Service in the King's Majesty's Bed-chamber, whereof he can receive little, for the Public Charge, as is well known to the Committee of the Revenue; his Creditors notwithstanding do daily importune him, and threaten him with Arrests, and Imprisoning of his Person.
May it therefore please your Lordships to consider the Degree he hath in the Kingdom where he was born, and in what Manner he hath lived in this Kingdom as Gentleman of His Majesty's Bedchamber, since the 1612 Year of God; and, though he hath not the Privileges of this Kingdom, your Lordships will be pleased to think it very unfit that (fn. 4) he should be obnoxious to the Affronts of every common Officer who may do him Public Disgrace.
And therefore be pleased to grant him a Protection, for the Safeguard of his Person and Goods, until such Time as he may be enabled, by the Payment of that which is due to him, to give his Creditors Satisfaction, whereof he is most careful.
And your Petitioner shall pray, &c.
Berchet & al. Petition, for the French and Dutch Congregations to enjoy their Possessions quietly, in Hatfield Chace, in the Isle of Axholme; and for the Minister to have his Stipend.
To the Right Honourable the Lords in the most High Court of Parliament assembled.
The humble Petition of Peter Berchett Minister of God's Word, John Barrell, and John Amorye, as well for and on the Behalf of themselves, as other the French and Dutch Inhabitants of the new-improved Grounds, lying in the Level of Hatfeild Chace and Parts adjacent, in the Isle of Axholme, in the several Counties of Yorke, Lincolne, and Nott.
That your Petitioners, and other the said Inhabitants, or some of them, have, for the Space of Sixteen Years now last past, been Farmers and Occupiers of divers great Parcels of Land, lying in the said Level, and Parts adjacent thereunto belonging, in the said Isle, which were heretofore surrounded and drowned with Waters, and, at the great Expence of above Two Hundred Thousand Pounds, drained by Sir Cornelius Vermuyden, and other the Participants in the said Level, which Lands were before of little or no Use or Value; but, by the great Industry, Charge, and Labour, of the said Participants and your Petitioners, are now become very fruitful, and commodious to the Commonwealth, by the great Quantities of Corn and Rapeseed there growing.
That they have built many Houses, and a Church; and have a settled French Congregation amongst them, consisting of above One Thousand Souls; and that the said Participants have, by Agreement amongst themselves, contracted to allow their Minister Threescore and Ten or Fourscore Pounds per Annum, for his Pains to be bestowed, among your Petitioners.
That, notwithstanding your Petitioners so long and quiet Possession of the said Lands, and that that Part thereof which lyeth in the Isle of Axbolme was settled upon the said Participants by a Decree of the Court of Exchequer, made by Consent of the most Part of the Inhabitants of the said Isle; yet nevertheless a great Multitude of the meaner Sort of the Inhabitants of the said Isle have, about a Month since, raised a Commotion, and, in a most riotous, violent, and barbarous Manner, without any Order of Law, entered upon your Petitioners Possessions, lying in the Manor of Epworth, within the said Level; thrown down their Fences and Inclosures; destroyed the most Part of your Petitioners Corn and Rape-seed there growing, to a very good Value, with their Cattle; broken, cut in Pieces, and burnt, most of the Petitioners Ploughs and Implements of Husbandry; and offered and committed other great Outrages, by beating and wounding your Petitioners; and daily threaten to pull down all the Petitioners Houses, and their Church; and thereby utterly supplant and drive them away, to the utter Undoing of your poor Petitioners, their Wives and Children.
Their humble Petition therefore is, that this Honourable Assembly (the Premises tenderly considered) will be pleased to Order, that they may quietly enjoy their Habitations and Possessions, and the Comfort of their Labours, without any further Disturbance; and that some speedy Course be taken, to suppress such exorbitant Riots and Outrages; and that your Petitioners may receive Satisfaction for the great Loss and Damage they have sustained from the Ringleaders of the said Commotion; that their Congregation may be established in Peace; and that their Minister may have his promised Allowance duly paid him, which is detained from him by the said Participants.
And the Petitioners shall ever pray, &c.
Paper from the Scots Commissioners, for Evidence against Ls. Sinclare, Levinston, and Montgomery, concerning their holding Correspondence with the Enemy:—And desiring Money and Cloaths for the Scots Army.
The Lord Sinclare, Lord Levingston, and Lord Mountgomery, being called to appeare before the Parliament of Scotland, to answere to some Informations against them, concerning their holding Correspondence with the Enemy the Tyme of their being here in England; wee doe earnestly desire, that, if there bee any Thing amongest the Letters and Papers of the Enemyes lately intercepted, and brought to the Houses of Parliament, or any other Information which may give further Light in this Busines, that it may bee comunicated unto us, to bee sent to the Parliament of Scotland.
The pressing Wants and Necessityes of the Scottish Army doe enforce us againe to importune the Honnorable Houses, to give Order for Money and Clothes to bee sent to them, to cover their Nakednes, and defend them from the Couldnes of the Season, now daily encreasing; and withall wee intreate for a speedy Answere to our former Papers, that wee may bee able to give an Accompt of our Proceedings to the Parliament of Scotland.
14th Novemb. (fn. 5) 1645.
By Comaund of the Commissioners for the Parliament of Scotland.