House of Lords Journal Volume 7: 7 May 1645

DIE Mercurii, 7 die Maii.

PRAYERS, by Doctor Gouge.

Ds. Grey de Warke, Speaker.

Doctor Elliott recommended for the Parsonage of Rendlesham.

Upon reading the Petition of Doctor James Eliott; shewing, "That the Parsonage of Rendlesham, in the County of Suffolke, is void, by the Death of the late Incumbent Mr. Hubbert, it being in the Gift of the King, and above Value."

It is Ordered, That the Petitioner be recommended to the House of Commons; and their Concurrence to be desired, that he may be presented to the said Parsonage.

Countess Rivers not to be assessed by the Committee of Essex.

Upon reading the Petition of Eliz. Countess Rivers; shewing, "That she hath received a Ticket for the Loan of Two Hundred Pounds, towards the Assistance of the Scotts, according to the Ordinance of the 2 Dec. last:" And in regard of a Proviso in the said Ordinance, That no Peers of this Kingdom, &c. be assessed by the said Ordinance, but by the respective Houses, and by the Peers: It is Ordered, That the Committee in Essex do forbear any Proceedings upon the said Assessment; this House being resolved to assess her as a Peer, according to the said Ordinance.

Message from the H. C. about publishing the Directory, and keeping scandalous Persons from the Sacrament.

A Message was brought from the House of Commons, by Mr. Rous, &c.

To desire their Lordships Concurrence in divers Votes, concerning the keeping ignorant and scandalous Persons from the Sacrament, and the publishing of the Directory.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Ordered, That the aforesaid Votes shall be taken into Consideration To-morrow Morning.

Smith to have a Writ of Error in the Suit between him and Turnor.

Upon reading the Petition of John Smyth, of Lamarsh, in the County of Essex, Gentleman; shewing, That, in a Suit between him and one Turnor, had this Term in His Majesty's Court of King's Bench, touching a Title of Land of great Value, that the said Turnor obtained a Verdict against him; that the Proceedings thereupon are erroneous; and that, in regard of the Absence of His Majesty, the Petitioner is remediless of his just and legal Proceedings upon his Writ of Error, returnable before this House, for his Relief herein; wherefore he humbly prays this House would order, to admit him to his legal Writ of Error in Parliament, which he will prosecute with Effect."

It is Ordered, That the Petitioner shall have a Warrant issued out for a Writ of Error, according to the usual Course.

Message from the H. C. with Orders, &c.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight;

To desire their Lordships Concurrence in these Particulars:

1. Votes concerning the Household of the King's Children. (Here enter it.)

Agreed to.

2. An Order to advance Five Hundred Pounds, for the Garrison of Henley. (Here enter it.)

Agreed to.

3. An Order, That the Divines of the Assembly be desired to hasten the Dispatch of the Matters which concern the Government of the Church, the Confession of Faith, and the Catechism.

Agreed to.

4. An Order to refer to the Members of both Houses of the Committee of both Kingdoms, to receive the Messages that come by Trumpeters from the King's Army, &c.

5. That Mr. Ric'd Byfield, of Long Ditton, in the County of Surrey, be added to the Assembly of Divines, in the Room of Doctor Featly, deceased.

Agreed to.

6. An Order, That the Commissioners for the Great Seal may be authorized and desired to pass the Commission and Instructions, to make Sir Charles Coote, Knight and Baronet, Lord President and Chief Governor of the Province of Connaught, in the Kingdom of Ireland.

(Here enter it.)

Agreed to.

7. To desire Expedition in the Order for referring The States Ambassador's last Paper to the Committee for Foreign Affairs.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to the Order for referring the Messages brought by Trumpeters to the Members of both Houses that are of the Committee of both Kingdoms: To all the rest of the Particulars, this House doth agree.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons, to the Message sent Yesterday:

That they agree to the Ordinance for re-calling Sir Thomas Fairefax and Major General Skippon, and to the Alterations in the Ordinance concerning Gloucester: (Here enter it.) And to Nomination of Thomas Ayloff to be a Deputy Lieutenant for the County of Essex. As to the exchanging of Colonel Ric'd Feilding, they will send an Answer to it by Messengers of their own.

Ordinance for a Committee to command the Fleet.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for appointing Persons to command in this Summer's Fleet:

The House being resumed;

Reasons to be drawn up, for not agreeing to it.

It is Ordered, That it be referred to the Committee of Lords for the Admiralty, to draw up Reasons, to be offered to the House of Commons, at a Conference, To-morrow Morning, why this House cannot agree to this Ordinance now brought up from the House of Commons; and why their Lordships think it (fn. 1) fit the Command should be put in the Hand of One Person, and not into several Hands.

Ordered, That the Earls of Manchester, Denbigh, Bolingbrooke, and the Lord Willoughby, be added to the said Committee, for this present Business; and the Committee to meet this Afternoon, at Three a Clock, or any Two of them.

Wise, for a Disturbance in Sutton Marsh.

Ordered, That the Cause concerning Sutton Marsh shall be heard on Friday next, at which Time Thomas Wise shall be brought to attend this House.

Ordered, That the Committee for the Forts shall meet this Afternoon, at Three a Clock.

E of Northumberland 3000l. per Annum, for the King's Children.

"The Commons in Parliament assembled do agree with the Committee for regulating of the King's Childrens Family; and do consent that Three Thousand Pounds per Annum be allowed to the Earl of Northumberland."

Report concerning their Household.

"It is Ordered, by the Commons House of Parliament, That the Remainder of this Report be re-committed; and they are to bring in a List of such of the Servants as are now in, and of their particular Establishments, and a List of such as they intend to discharge, and what Proportions they intend to allow them for their Subsistence; and it is especially recommended unto them, to have a Regard to such as have been recommended or voted by this House: They are likewise to enquire into, and to represent, the Names of such of the Servants as have been sworn at Oxford: It is further Ordered, That the humble Petition of the Servants attending the Royal Children in Household Offices be referred to the Consideration of the same Committee."

The Lords assent to this Order.

Order for 500l. for the Garrison of Henley.

"Ordered, by the Lords and Commons, [ (fn. 2) That the Committee] for Advance of Monies at Habberdashers Hall do forthwith advance, by Way of Loan, the Sum of Five Hundred Pounds, to be employed for the Service of the Garrison of Henly, and to be paid unto Thomas Knight Esquire, to be issued out by him according to such Warrants as he shall receive from the Committee of the Three Counties."

Commissioners of the Great Seal, to pass Sir Charles Coote's Commission.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal are hereby authorized and desired to pass the Commission and Instructions to make Sir Charles Coote, Knight and Baronet, Lord President and Chief Governor of the Province of Connaght, in the Kingdom of Ireland; and this Ordinance shall be a sufficient Authority for their so doing."

Ordinance to apply the concealed Delinquents Estates for the Counties of Gloucester, &c.

"Whereas there is great Necessity for providing of Monies, for the raising and maintaining Horse and Foot, for the Garrison of Gloucester, and for the Counties of Gloucester, Hereford, Monmouth, Glamorgan, Brecknocke, and Radnor: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Estates and Debts of such Malignants, Delinquents, and Papists, not yet sequestered nor discovered, and which shall be discovered by the Committees of the aforesaid Counties, or any of them, or by such Person and Persons as they, or any of them, shall authorize for that Purpose (and shall fall within the Rule of the Ordinance directing Sequestrations), shall be allowed by the said Committee, and paid over unto them, for Advancement of the said Service, upon Accompt; and that the Receipt or Acquittance of the said Committee for the same, under the Hands and Seals of any Three or more of them, shall be a sufficient Discharge in that Behalf, unto the Person or Persons so paying the same, against any the said Malignants, Delinquents, or Papists respectively, and be pleaded in Bar in any Action or Suit, upon and of any Bond, Specialty, or other Security, whereby the same shall become due unto the said Malignants, Delinquents, or Papists, or unto any One of them respectively, provided the said concealed Estates exceed not the Sum of Six Thousand Pounds; and that the said Committee, or any Person or Persons authorized by them as aforesaid, nor any of them, shall possess themselves of the said Malignants, Delinquents, or Papists Estates, before he or they acquaint the Committee of Examinations therewith, or any Five or more of them (the said Committee sitting), to the End they may judge of their Delinquency before his or their Estates be sequestered and taken away.

"Provided also, That such Appeals shall be allowed herein to the Committee of the Lords and Commons for Sequestration, as in like Cases hath been used and approved."

E. of Suffolke's Cause.

"The Lord Viscount Say & Seale reported to this House, That the Committee for the Earl of Suffolke's Business have divers Times met, and heard Counsel, touching Two Common Recoveries had against * him in his Minority, being then but Fourteen Years of Age, and was brought in to be vouched and made Party by Guardians, without any Knowledge thereof, by the Cunning and Fraud of Sir Robert Hitchen, who purchased the Manor of Framlingham, under those Recoveries: After many Days hearing the Counsel on both Sides, the Counsel for the Defendants stood upon it, That the House of Lords had no Power nor Jurisdiction to give Relief to the Petitioner against the said Judgements; and alledged the Statute of 4 Hen. IV. which prohibits the questioning or examining Judgements had in the King's Courts; and alledged other Matters to that Purpose: But the Counsel of the Petitioner denied that the Statute 4 Hen. IV. did intend to prohibit the House of Lords, but other Inferior Courts; and further said, with some Clearness, That where there is good Matter of Equity for the Plaintiff, or Fraud in the Defendant, the Matter of Equity or Fraud may be examined in the Court of Equity, and thereupon the Party may be relieved against a Judgement; and this is the common Practice in the Chancery: And (a fortiori,) the House of Lords, being a Superior Court, may give Relief to the Petitioner in this Case, according to Equity, and against the Fraud."

Hereupon it is Ordered, That the Parties on both Sides shall be heard, by their Counsel, at this Bar, on Thursday come Fortnight; and timely Notice hereof to be given, that so the Counsel may be the better provided for the Hearing of the Cause.