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 Jovis, 7 die Januarii.
PRAYERS, by Mr. Cawdrey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
L. Viscount Hereford.
Delinquents sent for, for making a Disturbance in Stretham Church.
Upon reading the Petition of Mathew Clarke, Minister of Stretham, in the Isle of Ely; complaining of divers Persons, who have affronted him in his Ministry; and upon the Affidavit of the said Mathew Clarke:
(Here enter it.)
It is Ordered, That all the Persons offending shall be attached, and brought before this House, to answer the same.
Door-keepers of this House, Petition.
Upon reading the Petition of the Waiters attending this House; desiring "that they may have something in "Consideration of their long Attendance on this House:"
It is Ordered, That the said Petition be sent to the House of Commons, with Recommendations, that it might be referred to the Committee for the Revenue, to have some Consideration.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they agree to the Amendments and Alterations in the Instructions to the Committees concerning the slighting of Barwicke and Carlile: (Here enter them.) To all the rest of the Particulars, they will send an Answer by Messengers of their own.
Alderman Fowkes and the E. I. Co.
This Day being appointed for hearing the Cause between Alderman Foukes Plaintiff, and the East India Company Defendant; the Petition of the Plaintiff and also the Answers of the Defendants were read.
The Petition is against a Decree made in the Court of Chancery Fifteen Years ago, which is alledged to be ill-grounded, and unjustly made.
The Defendants alledged, " (fn. 1) That the Plaintiff may have a Remedy by a Bill of Review, and the Matters are triable properly in an ordinary Court of Justice; and that the India Company is not a Corporation that hath Lands and Goods whereby they should be liable to make good the Demands of the Plaintiff's Losses."
The Plaintiff's Counsel desired the Judgement of the House herein.
The Counsel withdrew; and the House taking into Consideration what was alledged at the Bar by Counsel on both Sides;
And the Question being put, "Whether the Counsel shall be called in, to hear the Merits of the Cause between Alderman Fouke and the East India Company?"
It was Resolved in the Affirmative.
The Counsel were called in; and the Speaker told them, "The Lords will hear them upon the Merits of the Cause."
And the Plaintiff produced, upon Oath, a true Copy of the Decree, which was examined by the Paper Book subscribed by the Lord Keeper's Hand.
The Counsel of the Defendant excepted against it, because it was not examined by the Inrollment.
The Counsel of the Plaintiff alledged, "That the Decree was not inrolled;" and offered Two Certificates, under the Hand of One of the Clerks of the Rolls, "That he had searched there for the said Inrollment, but could find none."
The Counsel of the Plaintiff alledged, "That Execution was taken out upon this Decree." And the Counsel desired the Judgement of the House herein.
And it is Ordered, That this Cause shall be heard again this Day Sevennight, against which Time Search shall be made by both Sides, whether there be any Inrollment of the said Decree; if there be, then the said Roll shall be brought into this House; if it be not inrolled, then the Paper Book, subscribed by the Lord Keeper, shall be brought into this House.
E. of Northumb's Petition recommended to the H. C.
A Petition of the Earl of Northumb. was read. (Here enter it.)
It is Ordered, That it be sent down to the House of Commons, with this Recommendation, "That, in regard of the Faithfulness of the Earl of Northumberland in a Time wherein the Service of a Person of his Eminency was of great Use and Advantage to this Parliament and Cause, and in regard of his great Losses and Debts contracted in these Times of our Trouble and Distraction, the Lords do earnestly, and in special Manner, recommend this Petition to their speedy Care and effectual Consideration."
Instructions to former Lords Lieutenants of Ireland to be brought in.
Ordered, That Mr. Randall, Master of the Paper Office at Whiteball, shall bring to this House, on Saturday Morning next, the Commissions and Instructions of the Lord Viscount Falkland, the Lord Viscount Grandison, and the late Earl of Strafford, for to be Lords Lieutenants of Ireland.
Johnson to be examined about Regal Tyranny, &c.
Ordered, That Mr. Justice Pheasant is added to Mr. Justice Recves and Mr. Justice Rolls; who, or any Two of them, are to examine Thomas Johnson, and endeavour to persuade him to discover as much as he knows concerning the said scandalous Pamphlet.
Colonel Rowe's Cause in Error stayed.
Ordered, That the Writ of Error wherein Colonel Row is concerned shall be forborne to have any Proceedings therein for Months, in regard he is now in the actual Service of the Parliament in the Kingdom of Ireland.
E. of Northumberland's Petition, to be relieved on account of his great Losses during this War.
"To the Right Honourable the Lords and Commons assembled in the Parliament of England.
"The humble Petition of Algernoun Earl of Northumberland;
"That your Petitioner by these unhappy Wars (besides many Damages he hath sustained, in his Houses, Woods, Collieries, Loss of his Office of High Admiral of England, together with the Decay of his Revenue for many Years to come), hath lost in clear Rents Thirty-six Thousand Pounds; and, being thus deprived of that Means which should have given a Subsistence to himself and his Family, was forced to take up divers great Sums of Money at Interest, whereby his former Debt is so increased, that he hath not in his Power any Way left to satisfy, but by Sale of Lands, which in these Times are of so small Value (especially for those whose Estates lie in Countries that have been extremely wasted, and will longest feel the Miseries of the War) that it is impossible for him to effect without infinite Loss in the Sale; and should the Payment of the whole Debt be deferred until that in Probability your Petitioner might fell Lands at reasonable Rates to pay the same, the Interest thereof would so far eat into his Estate, that it would prove a Ruin to his Family.
"The Premises considered, he humbly desires that you would (according to the Declaration and Engagement of both Kingdoms in Favour of those who have suffered in their Fortunes for their Faithfulness to the Parliament) be pleased to reflect upon his Condition, and afford him such a timely Relief as to your Wisdoms shall seem fit, in some Proportion answerable to his Losses, out of the Fines and Compositions of some Delinquents, or otherwise as the Houses shall appoint, that so your Petitioner may at present be eased of Part of his Debts, and enabled to give some Satisfaction unto his Creditors.
"And he shall wish all Happiness to your Proceedings.
"Instructions for Sir Wilfrid Lawson Knight, Henry Tolson of Bridekirke, and John Berwis of Waverton, Esquires, Ambrose Nicolson Alderman of Carlisle, Thomas Craister of Carlisle Gentleman, Miles Halton Gentleman, Sir Robert Collingwood Knight, John Sleigh Esquire Deputy Mayor of Berwick, William Armorer the Elder Gentleman, Andrew Crispe of Berwick Gentleman, Richard Forster of Newham Esquire, Thomas Foxton of Berwick Merchant, nominated and appointed Commissioners, by the Lords and Commons in Parliament assembled, to see the Fortifications of Barwick and Carlisle slighted, in such Manner as is hereafter expressed; and for Dispatch of such other Matters as are hereafter in the Instructions mentioned.
Instructions for the Committee, appointed to see the Fortifications of Carlisle and Berwick slighted.
"1. You the Six Persons first abovementioned, or any Three of you, are hereby appointed and required to repair to the City of Carlisle; and you the other Six Persons abovenamed, or any Three of you, are hereby appointed and required to repair to the Town of Barwick upon Tweede.
"2. You, or any Three of you, are hereby required to view the Works and Fortifications of the said Town of Barwick and City of Carlisle respectively; and to slight, or cause to be slighted, all the new Fortifications of the said respective Places, in such Sort that they be reduced to the same Condition in which they were before the late Troubles, which began in the Year 1638.
"3. Herein, as to the City of Carlisle and the Fortifications in and about the same, you, or any Three of you, are to have Regard to the large Treaty made between the Two Kingdoms of England and Scotland; and as to the Town of Barwick and Fortifications thereof, to the said large Treaty, and to the Treaty of Barwick of the 29th of November, 1643; and to inform yourselves what was done in the slighting of the said Places in the Year 1641, when the said Fortifications were slighted in Pursuance of the said large Treaty.
"4. For doing hereof, you, or any Three of you, may call in, if you shall see Cause, such Inhabitants of the said Town and City, and the Counties adjoining, respectively, as you shall deem fitting and necessary for the doing thereof; and you are to take especial Care that the said Fortifications be slighted, in Manner as aforesaid, within the Space of Ten Days next after the Second Hundred Thousand Pounds shall be paid to the Use of the Scottish Army; but you may begin the slighting sooner, in case any Person authorized by the Kingdom of Scotland shall consent thereunto.
"5. You, or any Three of you, are to take special Care, that the Ordnance, Arms, and Ammunition, belonging to the Kingdom of England, which you shall find and receive in the said Town of Barwick, that the same be forthwith safely sent and conveyed unto the Town and County of Newcastle upon Tyne, to be there kept and preserved for the Use of the Parliament; and the Ordnance, Arms, and Ammunition, belonging to the Kingdom of England, which you shall find and receive in the City of Carlisle, or Castle of the same, (fn. 2) that the same be forthwith safely sent and conveyed to Cockermouth Castle, in the County of Cumberland, there to be kept and preserved for the Use of the Parliament.
"6. You, or any Three of you, are to make known to the General of the Scotts Army, and other the General Officers and Commanders of that Army, the several Orders herewith sent you, that concern the Scotts Army paying for what they have from the Country, and their levying no Monies upon the Country, nor taking any Goods from them, after the Payment of the First Hundred Thousand Pounds, and to desire them to observe the same; and also to take special Care that no Officers or Soldiers under their Command do, in their March out of this Kingdom, or before, levy any Money upon the Inhabitants of the Country, or take any Horses, Beasts, Sheep, or other Goods, of any Inhabitants of the Country; and that for such Draughts and Carriages as they shall have Occasion to make Use of in their March, that the same be paid for, and carefully returned and delivered to the respective Owners thereof, without wilful Destruction or Spoil.
"7. You, or any Three of you, are from Time to Time required to give an Account of your Doings and Proceedings herein to both Houses of Parliament.
"8. You, or any Three of you, are, upon any Occasion, from Time to Time, to receive Instructions in this Behalf from Henry Earl of Stamford, Mr. Robert Goodwin, and Mr. William Ashurst, or any Two of them, and to pursue the same accordingly; and to certify them from Time to Time of their Proceedings."
Petition and Affidavit of Clark, Minister of Stretham, against Persons there, for disturbing him in his Ministry, and threatening his Life.
"To the Right Honourable the House of Peers assembled in Parliament.
"The humble Petition of Mathew Clarke, Minister of Strettam, in the Isle of Ely;
"That, in Pursuance of the Directory and the National Covenant, your Petitioner acquainted his People, the Lord's-day before, that they should not observe Christmas-day, because a Penalty is laid on those Ministers who do not observe the Directory, and by it Holidays are not to be continued; (fn. 3) yet many of them, on Christmas-day last, brought in Mr. John Cole, a Soldier, to preach unto them in the Forenoon; and in the Afternoon, notwithstanding your Petitioner desired them to the contrary, they brought him in to preach again; and your Petitioner being in the Reading-seat, they threatened either to pull him down, and to set up the said Soldier to preach again unto them, or to make your Petitioner preach, which he did for Quietness-sake: And again on the next Day, contrary to the Directory which your Petitioner had read unto them, and his Intreaty of them, they sung a dead Corpse to the Church Gate; whereupon, your Petitioner turning aside from them into a Neighbour's House, they fetched him out thence by Force, brought him to the Grave, abused him there speaking to them, threatened to bury him alive; and he having gotten from them, they followed him, and broke open his Court Gate, fell upon his Man, attempted to break into his House, threatened to pull him out, to the endangering of his Life, the frightening of his Wife great with Child, and Family, the affronting him in his Ministry, Obstruction of Reformation, Contempt of Ordinance, and Dishonour of the Parliament.
"Your Petitioner humbly prayeth, that your Honours will be pleased to take such a Course as seems fit in your Wisdoms, that your Petitioner may be protected and encouraged in his Ministry; and that the Directory may be observed; and that these tumultuous People may receive condign Punishment, according to the Articles that shall be proved against them.
"And your Petitioner, as in Duty bound, shall pray, &c.
"The Petitioner maketh Oath, that the Contents of this Petition are in Substance true.
"Jur. 6 Januarii, 1646.
Holland to be instituted to the Church near Stamford;
Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Jonathan Holland Clerk, to the Rectory and Parish Church juxta Stamford, in the County of Northampton, salvo Jure cujuscunque; the said Mr. Holland taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of the Right Honourable John Earl of Exeter, the Patron.
Ivy to Arthingworth;
Ordered, &c. That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto William Ivy Master of Arts, to the Parsonage of Arthingworth, in the County of Northampton, salvo Jure cujuscunque; the said Mr. Ivy taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Thomas Palgrave Esquire, Patron.
Tipping to Brenchley;
Ordered, &c. That Mr Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Tipping Master of Arts, to the Vicarage of Brenchley, in the County of Kent, void by the Resignation of William Thomas late Incumbent there, salvo Jure cujuscunque; the said Mr. Tipping taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of John Couthorpe Esquire, Patron.
Ordered, &c. That Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Looker Clerk, to the Rectory, in the County of Suff. void by the Death of the late Incumbent, salvo Jure cujuscunque; the said Mr. Looker taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of William Harvy, Patron.
and Downes to Digswell.
Ordered, &c. That Mr. Doctor Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Elkanah Downes Clerk, Master of Arts, to the Rectory of Digsewell, in the County of Hartford, void by the Resignation of John Gibbon Clerk, the late Incumbent, salvo Jure cujuscunque; the said Mr. Downes taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Marke Beale, the lawful Patron pro hâc vice.
House adjourned till 10a cras.