Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 6 die Martii.
PRAYERS, by Mr. Salwey.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. De La Warr.
The Ordinance between Ann Hawes Widow and Nic. Hawes, was read, and Agreed to. (Here enter it.)
Upon reading the Petition of Ralph Cole Merchant:
Ordered, To be respited till the Ordinance for his Composition come up from the House of Commons.
Letter to the King of Denmark.
The Earl of Warwicke reported from the Committee for Foreign Affairs, the Draught of a Letter to be sent from both Houses to the King of Denmarke; which was read, and approved of; and Ordered to be sent to the House of Commons for their Concurrence; and that the Speakers of both Houses may sign it.
Order to explain the Ordinance for clearing Capt. Morgan of his Delinquency, and to indemnify him for his Losses.
Whereas it was ordered, That the Sequestration of Captain Morgan should be taken off, as appeareth by the Order of both Houses; and whereas this House is informed that the said Order is not observed, in respect that there is Doubt who is meant by the said Captain Morgan: It is therefore now Declared, by the Lords in Parliament assembled, That Captain Anthony Morgan, of Rynyzwen, in the County of Carmarthen, is the Person intended by the said Order: And the said Lords do, in Pursuance thereof, order, That the said Captain Anthony Morgan shall not be damnified by the Sequestration laid upon his Estate by the Committee of the County of Pembrooke; and that the said Committee do speedily (all Pretences set apart) establish him in the peaceable Possession of the Estate whereof he was possessed before the said Sequestration, and make Restitution unto him of the full Value of his Damages by reason of the said late Sequestration."
E. of Down's Petition, for an Abatement of his Fine on his Composition.
The House took into Consideration the Earl of Downe's Petition; desiring "That some Abatement may be made of his Fine at Gouldsmithes Hall, and his Fine at Habberdashers Hall, for his Fifth and Twentieth Part."
It is Ordered, That it is respited till a Certificate of the Grounds of his Fine at Gouldsmithes Hall be brought in, which is to be done speedily.
Warders of The Tower Petition, for Arrears.
The Petition of the Wardens of The Tower; shewing, "That there is due unto them, for their Watching and Wardering, Two Thousand Eight Hundred Eighty Pounds; desiring some Part of the said Arrears may be paid them."
It is Ordered, That this Petition be sent to the House of Commons, with Recommendations.
Brown to be Steward of Higham Ferrers.
The Lord Wharton reported from the Committee for the Revenue, "That the Stewardship of Higham Ferries, in the County of North'ton, is void; and that the said Committee have thought of Mr. Samuell Browne to be Steward thereof."
It is Ordered, That this House approves of Mr. Sam. Browne to be Steward as aforesaid; and that the Concurrence of the House of Commons be desired herein.
Ordinance for a Seal for S. Wales.
An Ordinance was brought in, for making of a new Seal for South Wales.
And it being read Twice, it was committed to these Lords following, who are to report the same to this House:
Ds. De la Warr.
Any Three; to meet on Monday Morning next, at Nine of the Clock.
Dep. Lieutenants for Lancashire.
Ordered, That this House nominates and approves of Mr. Phillip Wenman, to be One of the Deputy Lieutenants for the County of Lancashire; and the Concurrence of the House of Commons to be desired herein.
Ward's Ordinance, to be Minister of Upton.
An Ordinance was brought in, to make Mr. Richard Warde Minister of Upton, in the County of Worcester, and read; and Ordered, That it be respited till Monday Morning, against which Time a Certificate be brought in, in whose Gift the Living is.
Treasurers of the Army to give an Account of Arrears due to Officers, &c.
Ordered, That the Treasurers, or such as have acted as Treasurers, of the Army under the Command of Sir Thomas Fairefax, shall give an Account to this House, what Arrears are due to the Officers and Soldiers of that Army to this Time; and this to be done with all Speed.
Rudges sent for, about E. Rivers's Goods.
Ordered, That Wm. Rudges, a Broker, that bought the Goods of the Earl of Rivers, shall appear to this House on Monday Morning, to shew Cause why he should not give Obedience to the Order of this House, of the 8th of Feb. last; and the other Parties to have Notice, to be heard also if they desire it.
Sir T. Fairfax's Army not to quarter in the Eastern associated Counties:
The House was informed, "That the Army under Sir Tho. Fairefax is come into the associated Counties, to be quartered there."
And the Question being put, "Whether to meddle with this Business concerning the Quartering of the Army?"
And it was Resolved in the Affirmative.
Then the House was adjourned into a Committee of the whole (fn. 1) House, to take into Consideration whether to send to Sir Thomas Fairefax, that the Army be not quartered in the associated Counties.
The House was resumed.
And the Question being put, "Whether an Order of this House shall be sent to Sir Thomas Fairefax, that he shall not quarter any of his Army in the Eastern associated Counties?"
It was Resolved in the Affirmative.
Whereas this House is informed, That the Army under the Command of Sir Thomas Fairefax is now either already, or to be, quartered in the Eastern associated Counties: It is Ordered, by the Lords assembled in Parliament, That no Part of the said Army be quartered within the said Eastern Association; and if any of the said Army, either Horse or Foot, be already quartered within the said Eastern Association, that they be forthwith removed."
Resolved, upon the Question, This (fn. 2) Order, with this Preface, shall be sent to Sir Thomas Fairefax, inclosed in a Letter from the Speaker of this House.
The Letter of the Earl of Manchester to Sir Thomas Fairefax.
Letter to him, about it.
I am commanded, by the Lords in Parliament, to send this inclosed Vote, which they have made upon weighty Reasons, tending to the Good and Safety of the Parliament and Kingdom; unto which they expect your present Conformity. This is all I have in Command, from
Your humble Servant,
E. Manchester, Speaker of the House of Peers pro Tempore."
Message to the H. C. with the Letter to the King of Denmark; and about the following Particulars.
A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:
1. To deliver the Letter to them, which is to be sent to the King of Denmarke; and if it be Agreed, then to be signed by both Speakers.
2. To deliver to them the Petition of the Poor Widows, and the Petition of the Reduced Officers, with Recommendations.
3. To put them in Mind of Mr. Sam. Bolton to be added to the Assembly.
4. To desire their Concurrence in the Nomination of Phillip Wenman Esquire to be a Deputy Lieutenant for the County of Lancaster.
5. To deliver to them the Petition of the Warders of The Tower of London.
6. To put them in Mind of the Ordinance concerning Captain Morgan.
Ordinance to regulate Oxford University.
Ordered, That the Ordinance for regulating the University of Oxford shall be taken into Consideration on Tuesday next, by the House.
Upon hearing this Day of the Counsel of Anne Hawes and of the Governors of Christ's Hospitall Plaintiffs, and of Nicholas Hawes Defendant, according to the Direction of an Order of the 28th of October last; it appeared to their Lordships, "That, in Pursuance of an Order of the 12th of December, 1645, a Trial hath been had at the Bar, in the Court of Common Pleas, as by that Order was directed; and that, upon a deliberate Hearing there, a Verdict passed for the Will in Question."
Whereupon it was prayed on the Plaintiffs Part, That the Possession taken away by the Court of Wards might now be restored to the Plaintiff Anne; and that she might have the Mean Profits of the Land in Question ever since the same were taken away; and that the Lease for Years made unto Atkins and Rye, and by the Order of the Court of Wards assigned to Harvys and Markham, by the Appointment of the said Nicholas Hawes, might be assigned to such Persons as the Plaintiffs should appoint, the same being made in Trust to wait upon the Inheritance."
But the Defendant's Counsel alledged some Exceptions against the Jury who found the said last Verdict, against the Witnesses then produced on the Plaintiffs Part; and further alledged, "That they had heretofore a former Verdict for the now Defendant against the said Will; and that they now had some more Witnesses than were had at the last Verdict;" and they insisted much upon the Words of the said Order of the 12th of December, 1645, whereby this last Trial was directed, "That this Honourable Court did then declare their Opinion, That, after the Court should be satisfied, upon One or more Trials at Law touching the said Will, whether the same were the Will of Thomas Hawes, yea or not, then they would give Order touching the said Lease;" with which Lease the Possession must go, it being made in the Life of the said Thomas Hawes: And therefore it was humbly prayed, by the Defendant's Counsel, "That there might be One Trial more at Law, touching the Validity of the said pretended Will; and that in the mean Time the Possession of the Lands in Question might not be settled with the Plaintiffs, nor any Order made in this most Honourable Court touching the Assignment of the said Lease; it being yet questionable, whether Will or Not Will; and the rather also, because the Lands, or some Part of them, are holden in Capite, or by Knights Service; in which respect, if this Court should be satisfied that the Will was a good Will, yet it was void for a Third Part, which would descend to the Defendant." And besides, the Defendant's Counsel alledged, "That, after the Decree in the Court of Wards, and Livery sued there, and before any Suit in Chancery or in this Court, the Defendant, conceiving himself to be in Peace by the Decree in the Court of Wards, had sold the Premises, or Part thereof, unto the said Harvy; and he being dead, the same is come to Mr. Grimston; and neither the said Markham nor the said Mr. Grimston were made any Parties to this Suit."
This Court, upon serious Consideration of all that was alledged on either Side, found no Cause at all to lay any Blemish upon the said last Verdict; but yet, in respect there have been formerly Verdict against Verdict touching the Validity of the said Will, and for that this Court, by the said Order of the 12th of December, 1645, had declared, as is aforesaid, "That they would have a clear Satisfaction touching the said Will, by One or more Trials, before they made any Order touching the Assignment of the said Lease;" and for that the said Markham and Mr. Grimston are not yet made Parties to the Suit in this Court, whereby this Court might hear what they could say touching the said Will, and the restoring of the said Possession, and of the said Mean Profits, and touching the Assignment which was to be made of the said Lease, as is desired by the now Plaintiffs Petition: This Court did therefore order, That a new Trial should be had at the Common Law, in such Manner as was directed by the said Order of the 12th December, 1645; and that the Plaintiffs, if they be so advised by their Counsel, might make the said Markham and the said Mr. Grimston Parties to this Suit, whereby a full Defence may be made by all Parties interessed; and that, after the said Trial, this Court will give such final Hearing and Order in this Case, as well touching the Possession, Mean Profits, and Assignment of the said Lease, as shall be agreeable to Justice: But, in respect the last Verdict did pass with the now Plaintiffs, this Court doth conceive it to be agreeable to Justice, that the said Nicholas Hawes should forthwith put in Security, such as this Court shall allow of, for answering of such Mean Profits touching the Premises as this Court shall at any Time hereafter order to be paid therein.
Ordinance concerning the Coinage of Silver at Aberistwith, in Cardigan, by Goodere.
Upon reading of the Petition of Edmund Goodere Esquire, Farmer of the Mines Royal in the County of Cardigan, and of the Miners, &c. this Day in the House; shewing, "That His Majesty did, by Letters Patents, Anno 13° Carol. Regis, authorize a Mint to be erected, in the Castle of Aberistwith, in the said County, for the Coinage of such Silver only as should be raised out of the said Mines Royal in the Principality of Wales; which said Castle and the Houses erected for the said Mint are so destroyed by the late War, that it cannot be continued there without Danger."
It is Ordered, by the Lords in Parliament, (fn. 3) It shall hereafter be continued at a Place called The Smelting Mills, near the Refining-house, until the said Castle shall be fitted again, and the Pleasure of the House farther signified herein: And it is farther Ordered, That the Officers of The Tower of London shall regulate and furnish the said Mint with Stamps and Workmen, according as by the said Patent they are warranted to do, as formerly they have done: And hereof all that are concerned are to take Notice, and yield their Obedience to this Order, as they will answer the contrary to this House.