Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 4 die Februarii.
PRAYERS, by Mr. Salewey.
Comes Manchester, Speaker.
Capt. Bacth freed from an Arrest.
Upon reading the Petition of Captain Gerrard Booth; complaining, "That he being in actual Service, under the Command of the Lord Inchequin, in the Service of the Parliament in Munster, and coming to London with the said Lord Inchequin about the Business of the State, he is arrested, at the Suit of one Shipp a Taylor, for Thirteen Pounds; and in regard he is to return speedily to his Charge in Munster, desires to be released from his Restraint, he being willing to give Satisfaction to the said Shipp, when he receives any Part of his Arrears from the Parliament."
It is Ordered, That the (fn. 1) said Captain Gerrard Booth shall be presently released, and set at Liberty to follow his Employment he is in for the State.
Brodrick's and Bennet's Security for keeping the Peace.
The Condition of the said Recognizance is, That the said Allen Brodicke and Christopher Bennett do keep the Peace of our Sovereign Lord the King to all His Liege People, and in special each towards other: That then this Recognizance to be void; or else to stand in full Force and Virtue."
Mrs. Cholwell's Letter to L. Roberts, desiring Leave to live in his House at Truro.
The Lord Robertes acquainted this House with a Letter which was sent to him, and read, as follows:
To the Right Honourable John Lord Robertes, Baron of Truro.
I remember, when I parted last with your Lordship, you told me you would be glad to hear of me, and from me: The Unhappiness of the Times obstructing the Ways occasioned the Neglect of my Duty. The Bounty of your former Favours makes me presume to beg One more; that I may dwell in your House at Truro till such Time as I have repaired my House at Powlglaes, which now stands upon Passes, by reason of bad Tenants, which will neither repair the Houses, nor pay the Rent. If I may my humble Petition is, that you would be pleased to sign my Desire with your own Hand. This is the Request of
"Your humble Servant,
Orfeur in Behalf of the E. of Arundel versus L. Dacres.
Upon reading the Petition of Cuthbert Orfeur, in Behalf (fn. 2) of the Earl of Arundell; complaining, "That some Lands of his, in the County of Cumberland, is possessed by Force by some of the Scotts. Army at Carlile, to the Use of the Lord Dacres."
(Here enter it, and the Certificates.)
It is Ordered, That the Lord Dacres shall have a Copy of this Petition, and return an Answer to this House by this Day Fortnight.
Propositions for Peace, which are to be sent immediately.
The House took into further Consideration the Propositions, which is presently to be sent to the King.
And it is Ordered, That they be brought into a Form against Friday Morning; and then to have a Conference with the House of Commons, to acquaint them with the Alterations.
Letter from the Scots Commissioners.
A Letter from the Scotts Commissioners was read, concerning some Provision for their Army to be taken before Newarke; and it is (fn. 3) Ordered to communicate it to the House of Commons.
L. Grey of Wark to be considered on Account of his Losses.
The Lord Grey of Warke acquainted this House with Two Letters, which he received this Morning out of Northumb. concerning his Losses there: And it is Ordered, That these Letters be sent to the House of Commons, with a Recommendation to them, that there may be a Consideration had of his Lordship's great Losses he having served the Parliament faithfully.
H. C. to be acquainted that the Vote is passed for limiting the Scots Horse.
"Resolved, upon the Question, That the House of Commons shall be acquainted, that this House hath passed this Vote; videlicet, That in the Scotts Army in this Kingdom there shall not be above Two Thousand Horse, and One Thousand Dragoons, according to the Treaty."
Ordered, That on Friday Morning the House of Commons shall be acquainted with the passing of the abovesaid Vote.
The Earl of Lyncolne dissented to the aforesaid Vote.
Letter from the Scots Commissioners, for Provision for their Army before Newark.
"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.
It is above Two Moneths since the Scottish Army did, according to the Desires of both Houses, come before Newarke; where, after the takeing of Mustom Bridge, they have, in the greatest Extreamity of Weather, continued in very hard Duty on the one Side, and alsoe assisted Colonell Pointz on the other; and yet noe effectuall Course is taken for their Entertainment, but the Burthen thereof hath bin left upon those Parts of the Country that have formerly bin wasted and exhausted by the Enemy; which gives Occasion of Complaints from the People, of Wants and Disorders in the Army; and greater Inconveniencyes may ensue, if not speedily prevented. Wee were in good Hopes that, when the Commissioners of both Houses did repaire to that Army, speedy Course should have bin taken for their Maintenance, especially after their Musters; but as yet there hath bin only offered an inconsiderable Proportion, which is noe Wayes sufficient to afford them Subsistence; and some of the Provisions are appointed to bee brought out of Lancasheir and other Places farre distant, upon which the Army can not depend for Releife. The Foote Souldier hath not received 18 d. worth of Provisions Weekly since their comeing before Newarke; and when the Quarter Master Generall, who is now the Second Tyme sent hither of purpose to represent the Necessityes of the Army, did come from thence, there was not 10£. worth of Provisions in the Magasine for the whole Army. If any shall in the Winter Season bee put to hard Duty, and the Meanes of Subsistence shal bee with-held from them, it is easy to conjecture that nothing can follow but their inevitable Ruine before the Springe. Wee have, from Tyme to Tyme, constantly solicited the Houses of Parliament for their Maintenance; and wee are ashamed that our many earnest Desires in their Behalfe have not prevailed with the Houses for such an Answere as might have enabled us to have given a good Accompt of our Endeavors to those that sent us, and in some Measure given Sattisfaction to the crying Necessityes of the Souldiers, who are resolved to declyne noe Duty nor Danger that may advance the Service they are now engaged at the Desire of the Houses: It is therefore againe our most earnest Request to the Houses of Parliament, that they would seriously lay to Heart the providing of that Army; and that they would extend the same Care to them as they doe to their owne Forces on the other Side of Newarke, and graunt unto them the same Allowance in Money and Provisions, that both may bee enabled to prosecute the Publique Service; which Things being performed, wee doe undertake in their Names, that as strict Order and Discipline shal bee observed there as ever hath beene in any Army within these Kingdomes; and earnestly entreating for a speedy Answere, wee remaine
Worcester House, 3 Feb. 1645.
"and humble Servaunts,
Orfeur's Petition, in Behalf of the E. of Arundel against L. Dacres, for taking forceable Possession of Drumbough Castle, with the Assistance of the Scots Forces in Carlisle.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of Cuthbert Orfeur;
"That your Petitioner being possessed of a Lease of the dissolved Castle of Drumboughe, with the Demesne thereto belonging, lying in Cumberland, made by the late Countess Dowager of Arundell and Surrey, and the Right Honourable Thomas Earl of Arundell and Surrey, which your Petitioner hath enjoyed, by virtue thereof, for Thirty Years past, and hath therein divers Years to come, out of which your Petitioner's Tenant was by Force evicted, the 17th of November last, by John Hogdson, with the Assistance of Colonel Dowglas, Governor of Carlile, and others of the Garrison, and Possession was taken in the Name of the Right Honourable the Lord Dacres, and by Force is so kept.
And, for Relief, your Petitioner was an humble Suitor to the Committee, for Restitution of Possession till your Petitioner was legally to be evicted: But forasmuch as the Pretence of such Taking was to the Use of the said Lord Dacres, the Committee refused to meddle therein; but have made their humble Certificate to your Honours, how they find the State of the Cause; directing your Petitioner to your Lordships for Relief.
Your Petitioner humbly prays, your Lordships will be pleased to take into Consideration, that the Loss of your Petitioner's Possession is an Offence to the Title of the said Earl of Arundell and Surrey; and forasmuch as your Petitioner hath continued for Thirty Years, and the taking and keeping of such Possession for the said Lord Dacres is without Warrant, as by the Certificate of the Com mittee hereunto annexed will appear; that therefore your Petitioner may be restored, by an Order from your Lordships (any Title to the contrary), until the Right to the said Castle and Lands be concluded, in such legal or judicial Manner as to your Lordships shall seem right, &c.
And your Petitioner shall daily pray, &c.
His Petition to the Committee of Cumberland about it.
"To the Right Worshipful Committee for the King and Parliament.
The humble Petition of Cuthbert Orfeur Gentleman;
"That whereas your Petitioner was possessed of the Castle of Drumboughe, and the Demesne Lands thereunto belonging, and One Water Corn Mill called Thruston Feild Mill, within the Barony of Bourgh, in the County of Cumberland, for the Space of Thirty Years and above ast past, by Lease from the Right Honourable Thomas Earl of Arundell and Surrey and his Honourable Mother, and for divers Years more yet to come, and so have ever since quietly enjoyed the same, until Monday last, being the 17th of November Instant, that one John Hodgson, of Dikesfeild, together with the Governor of Carlile, and Archibald Dowglas his Brother, and others, to the Number of Twelve Persons or thereabouts, with Force and Arms, in a riotous Manner, came unto your Petitioner's Dwelling-house at Drumbough, and then forcibly put forth John Barne your Petitioner's House-keeper, and all his Household, and put out the Fire; and then and there the said John Hodgson put the said Archibald Dowglas in the Possession of the said House (the said Archibald pretending a Grant from the Lord Dacres), who remained there for the Space of One Quarter of an Hour; and after he suffered the said John Barne to come into the House again, with Condition that the Keys of the Castle should be delivered in Eight Days after; and in the mean Time your Petitioner's Goods to be removed; otherwise the said Archibald said, he would bring a Troop of Horse and a Company of Foot, and would take the Possession of all the Houses and Lands with Force.
May it therefore please your good Worships, to take the Premises into your discreet Considerations, for the Relief of your Petitioner; and to settle him in his quiet Possession, until he be evicted by due Course of Law.
"And he shall pray, &c."
Witness to attend them.
"We require Captain John Hodgson, of Dikesfeild, to appear before us at Penreth, upon Thursday the 27th of this Instant, about Two of the Clock in the Afternoon, to give the Committee Satisfaction touching the Contents of this Petition."
Certificate of the Cumberland Committee about it.
"To the Right Honourable the Lords of the Higher House assembled in Parliament.
The humble Certificate of those of the Committee of Cumberland, whose Names are hereunder written.
"May it please your Honours,
Upon a Petition of Mr. Cuthbert Orfeur, Farmer to the Right Honourable the Earl of Arundell and Surrey of Drumbough Castle, and some Lands within the Barony of Bourgh, in this County; and upon Examination of John Barne, Under-farmer of the Premises to the said Mr. Orfeur: We humbly certify, That it doth appear to us, that one John Hodgson, of Dikesfeild, One of the Tenants within the same Barony, pretending some Warrant or Authority (though shewing none) from the Honourable Lord Dacre, on the 17th Day of this Instant November, with the Countenance and personal Assistance of Colonel Dowglas Governor of Carlile; and Archibald Dowglas Esquire Brother to the said Governor, in the Name of the said Lord Dacre, forcibly entered into, and possessed themselves of, the said Drumbough Castle; which, for the Relief of the Petitioner, according to Equity, in such Way as shall seem most expedient to your Wisdoms, we humbly refer to your Honours.
"Thomas Lawson of Bownesse, who is Farmer to the said Earl of a Mill in Bownesse, was outed of the Possession thereof by the said Parties at the same Time.
Penreth, 28th November, 1645.
Will'm Briscoe, Miles Halton,
Thomas Lampleigh, Peter Mowson,
Henry Tolson, Nicholas Mowson."
House adjourned till 9a, Friday.