DIE Martis, 17 Junii.
Lord Grey, Speaker.
Viscount Say & S.
Young to be Captain of The Frigot.
Report was made from the Committee of the Admiralty (fn. *) and the Cinque Ports: And the Order from that
Committee, "That Anthony Younge may be Commander
of the Ship called The Frigott:" Which was Ordered
accordingly; and the said Order is to be sent to the
House of Commons, for their Concurrence.
(fn. *) The said Petition was read, as follows:
Jennings, Kent, & cl. Petition, for an Allowance for their Ship Increase, detained by Ld. Inchiquin, for the Service of Ireland.
"To the Right Honourable the Committee of
Lords and Commons for the Admiralty
and Cinque Ports.
"The humble Petition of Thomas Jennings, Gilbert
Keat, and George Cornish, and others, Owners
of the Ship Increase, of the Burthen of Three
Hundred Tuns, or thereabouts, whereof John
Claxton is Master;
"That the said Ship was, by Charter Party, letten
to Freight to John Davis, Mr. Gawdy, and others,
for the Carriage of Provisions, Ammunition, and
Men to Ireland, where having discharged the same,
she was to proceed on a further Voyage for Portugall
"That the said Ship, in April last, did discharge
the said Provisions and Men accordingly, intending
to proceed on her other Voyage; she was, through
much Importunity of the Lord Inchequin, and by the
Reason of apparent Danger the City of Corke and
other Places thereabouts were in through the Want
of an able Ship, persuaded (fn. †) to serve there for
Three Months, as by the Letter under the Hand of
the Lord Inchiquin, directed to the Lord Admiral
(the Earl of Warwicke), more at large appeareth.
"Your Petitioners do therefore most humbly
pray, to be pleased to take the Premises into
your grave Consideration; and, for that their
other Voyage is altogether fustrate by reason
of their said Service, that it will please the
Honourable (fn. ‡) Houses to give Order, not only
for Satisfaction for the said intended Voyage,
but also that they may have such other Allowance, for the said Ship, her Men, Victual,
and Service, during so long Time as she
shall remain in the said State's Service, as to
your Wisdoms shall be thought fit, and are
usual for Ships of the like Burthen."
Letter from Ld. Inchiquin to the Ld. Admiral, about it.
"The Enemy being advanced with a considerable
Force towards these Parts of this Province which are
in our Hands, and the Harbour of this City being of
all others most subject and obnoxious to be blocked
up by them if they become Masters of the Field,
which Point we had no Means or Ability to dispute
with them; I evidently foresaw, that we should be
able to give no Impediment to their seizing on the
Harbour, if some Ship of Force and Countenance
were not constantly riding there; and there being
not One Vessel in the State's Service on all the Coast,
I persuaded Captain Plunckett, at his Departure, to
leave a Vessel of good Burthen behind him, which he
readily assented unto; but that Vessel having spent
what Victual we could possibly furnish her withall,
and her Company being not willing to stay any longer
on this Kind of Service, I had again been destitute
of any Shipping on this Coast, if I had not by earnest Intreaties prevailed with John Claxton, Master
and Commander of The Interest, to remain on this
Coast, which I did importune him unto for no longer
Time than until the Fleet, which I understand is
preparing, was come abroad on this Coast; but he,
being furnished and victualed for Three Months
Time, and bound upon another Voyage, would at
no Hand contract with me (being disappointed of
his intended Voyage, and inclined to this Undertaking by a Sight of our present Danger and Distress) for a shorter Time than Three Months, for
which he is fully victualled; his Vessel is of the Burthen of about Three Hundred Tuns, and his Owners
are Tho. Jennings, George Cornish, Wm. Starhote, and
others; his Time is to commence from the First of
this Month. I shall be an humble Suitor to your
Lordship, that you would vouchsafe to be a Means
that these Owners may be contracted withall, and his
Ship entered into the State's Service, in Discharge
of what I have been bold to undertake, and ordered
to remain on this Coast until his Time be expired, or
some other fit Vessel sent to relieve him; wherein
not doubting of your Lordship's approved noble Favour, and indulgent Care of this distressed Province,
in this Case of a general Concernment, I humbly
take Leave to remain
"Your Lordship's most humble Servant, Inchiquin.
Corke, 12 Maii, 1645.
"To the Right Honourable the Earl of
Warwicke, Lord High Admiral of
"Die Martis, 10 Junii, 1645.
"At the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Ordered, That the Earl of Warwicke be desired to
move the House of Peers, to declare their Pleasure
concerning the Matter prayed, and to transmit the
same to the Commons House; and the Earl of Warwicke is also desired to communicate to their Lordships the Lord Inchequin's Letter concerning this
These Papers to be communicated to the H. C.
Ordered, That this Petition and Letter be communicated to the House of Commons; and recommended, that the Owners of that Ship may have Satisfaction,
left, in the like Extremity, any of the Ports of Ireland may be left to the Enemy, and well-affected People disheartened.
E. of Essex's Officers to be considered.
Upon reading the Petition of the late Reduced Officers of his Excellency the Earl of Essex: It is Ordered, To be specially recommended to the House of
Commons, with such a Sense of their Misery, that
the House would speedily and effectually supply them,
that they who have so well deserved of the State may
not be worse than the Enemies thereof, like to be starved.
Message to the H. C. about them; and with the foregoing Papers.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To deliver to them the Petitions of Tho. Jennings,
&c. and the late Reduced Officers of the Earl of Essex;
with the Sense of this House upon them.
Man, for abusing General Crawfurd, released at the Request of the Scots Commissioners.
The Earl of Manchester informed this House, "That
the Scottish Commissioners desired him to present their
Thanks to this House, for the Justice they did to
Man the Constable, who spake Words in Derogation of the Scotch Nation; and the * said Man having
been imprisoned, and in regard he is a Servant of
the Speaker of the House of Commons, they desire
their Lordships would please to enlarge the said Man
Which is Ordered accordingly.
Ayliffe's Petition, for an Allowance for Fanshaw, out of his sequestered Estate.
Upon reading the Petition of Katherine Ayliffe, in
Behalf of Wm. Fanshaw, Twelve Years of Age; desiring "some Maintenance, of the sequestered Estate,
for his Livelihood at School."
It is Ordered, To be recommended to the House of
Commons, that it may be referred to the Committee of
Lords and Commons for Sequestrations, to give such
Relief as they shall think fit.
Askittle's Petition, to have the Excise of the Lading of his Ship The Prosperous allowed him, for his Services.
Upon reading the Petition of Henry Askittle, Commander of the Ship The Prosperous; desiring, "That,
for his Service of the Fleet, and towards his extraordinary Charge and Damage, that he may be allowed him the Excise of his Lading, which is in
Timber and Deals, which will not amount to above
the Value of Ten Pounds, or thereabout, the Custom thereof being remitted already."
It is Ordered, That this Petitioner be recommended to the House of Commons.
L. Grey & al. and Finch & al.
Upon reading the Answer of Francis Fynch and Tho.
Twisden Esquire, in Answer to the Petition of the Lord
Grey of Warke, &c. (Here enter it.)
It is Ordered, That the Cause, upon the Demurrer
and otherwise, shall be heard, by Counsel on both Sides,
this Day Month.
Upon reading the Petition of Henry Grove and
Francis his Wife: It is Ordered, That this Cause
shall be heard, by Counsel on both Sides, this Day
Fortnight, at Nine of the Clock, at which Time all
Parties shall appear.
Mrs. Rigby's Petition.
Upon reading the Petition of Ann Rigby: It is Ordered, That it be referred to the Committee for Petitions; and Mr. Justice Reeves and Mr. Justice Bacon
Wollaston and Davenport.
Ordered, That it is referred to the Earl of Kent,
Lord Viscount Say & Seale, Lord Wharton, Lord North,
and Lord Robertes, to consider of the Business between
Wollaston and Davenport: Any Two, to meet when
they please, and to report their Opinion to this House.
In the mean Time, all Proceedings against Wollaston to
William's Exchange for Alvey.
Ordered, That this House approves of the Exchange of Mr. Tho. Williams, Vicar of St. Margeretts
in Leycester, for Mr. Alvey, Vicar of Newcastle; and
the Concurrence of the House of Commons to be desired herein.
Davenport's Suit against Herbert, an Army Commissioner, stayed.
Upon reading the Petition of Thomas Herbert, One
of the Commissioners in the Army; shewing, "That,
notwithstanding a former Order of this House, Davenport sues him in the Chancery."
It is Ordered, That this House confirms the Order
of this House, of the 29th of April, 1645; and that
it be recommended to the (fn. *) House of Commons, to see
the said Order put into Execution.
Col. Cox sent for, for assessing Lord Howard.
The House being informed, That the Lord Howard
is assessed at a Horse for Service in the County of Hertford, which is contrary to the Privilege of a Peer: It
is Ordered, Colonel Cox, who sent his Warrant, by
Six Troopers, unto Mess. Butler at Woodhall, to distrain
Horses and Arms charged upon that Place, which if
not presently taken off, they threaten to return, and
give themselves full Satisfaction for their Forbearance,
shall be sent for, to answer the same to this House;
and that the charging of the Horse and Arms shall be
taken off from the Lord Howard.
Invitation from the City, to dine with them on the Thanksgiving Day.
The Sheriffs of London this Day were sent, from
the Lord Mayor, Aldermen, and Common Council of
the City of London, to invite their Lordships to Dinner at a Hall near Christ-Church, where the Thanksgiving is kept.
The Answer returned was:
That this (fn. †) House desires them to return Thanks,
from this House, to the Lord Mayor and Court of Aldermen, and Common Council; and that their Lordships do accept of this Invitation.
Sir H. Mildmay's Claim to the Title of Fitzwalter.
The Petition of Sir Henry Mildmay was read, concerning his Title to the Barony of Fitzwater.
Nothing Ordered therein.
Finch & al. and Ld. Grey, & al.
"The Allegations and several Reasons of Francis
Finch and Thomas Twisden, Esquires, which
they humbly present to the Consideration of
the Right Honourable the Lords assembled
in Parliament, why the Right Honourable
William Lord Grey of Warke, and others Petitioners, should not have any Relief for the
Matters desired in the Petition; and why
they should not make any other or farther
Answer to the said Petition.
"The said Defendants say, and either of them faith,
That, forasmuch as it appears, in and by the said
Petitioner's own shewing in the said Petition, that
the Scope thereof is for the Petitioners, who are
nearly allied to Sir John Finch the Intestate, to have
your Lordships Order for a Distribution of the Personal Estate and proportionable Parts thereof from
these Defendants, who are, as it thereby appears, lawful Administrators of all the Goods and Chattels
of the said Intestate, and bound in a Bond of Two
Thousand Pounds conditioned, for true Administration of the Goods and Distribution thereof, according as should be directed by the Judge of the Prerogative Court of Canterbury; and that, as is thereby
alledged, your Petitioners did submit to a Distribution; and that, as it is alledged, by a long and constant Usage, the Petitioners are intitled to respective,
proportionable Parts of the said Estate; and for that
it is also set forth thereby, that these Defendants
refuse to make Distribution, or to submit to such
Distribution as shall be made by the Judge of that
Court; and for that it thereby appears, that the
Grounds of the Petitioners Suit before your Honours
is, in respect they cannot have Recompence upon the
Bond as hath been usual, and so that the same Bond
is not assignable to the Petitioners, or, if it were,
that the Penalty is too small, and that the coercive
Power of the Ecclesiastical Court is in Effect taken
"Forasmuch as these Defendants; (videlicet), the said
Francis Finch is Uncle and next of Kin to the Intestate, and the Defendant Thomas Twisden Cousin
German to the Intestate; and forasmuch as the Right
Honourable the Lady Lucy Countess of Cleveland,
Sister to the Petitioner the Lady Cecill Gray, did, with
the Privity and Consent of the other Petitioners,
cause these Defendants to be cited into the said Prerogative Court of Canterbury, and there made an
Allegation and Suggestion that the said Bond entered
into was not sufficient, and also thereby sued to have
a Distribution and proportionable Part of the said
Estate unto the said Lucy Countess of Cleveland;
whereupon the Defendants, by Advice of their Counsel, and according to the Laws of this Land, did
apply themselves to His Majesty's Court of King's
Bench, and Hi. 18 Car. made their Suggestion,
whereby it is set forth, That the said Bond entered
into was sufficient; and concerning the Distribution,
That, by the Laws of the Realm, the Defendants,
being Administrators, ought not to be compelled to
make any Distribution; and thereby prayed a due
Remedy, by a Prohibition: And, after many Rules,
upon hearing Counsel on both Sides, a Prohibition
was granted, to stay the said Proceedings in the Prerogative Court, to which Prohibition the said Lady
Lucy and the Earl of Cleveland appeared, and pleaded; and after, Hill. 20 Car. Judgement was entered for the Plaintiffs, That the Prohibition should
stand, as by Law it ought; and for that, if any Error were in the said Judgement, the Parties thereunto might take their legal Course for Reversal or
Avoiding thereof; and, if no Error be, nor any
Course to avoid the same by the due Course of the
Common Law, there is not, as the Defendants humbly conceive, any Equity, or just Ground, for the
said Petitioners to be relieved therein:
"The rather, for that the said Petition tends to overthrow the fundamental Law of the 'Land, and the
Judgement given in the very Points now petitioned
for, upon Pretence of some long Usage; which if
any such were, the same was illegal, and an Incroachment upon the Common Law, and grew some extraordinary Act of pretended or usurped Power of the
Council Table, or by some indirect Dealing with
some Judges of former Times, to connive thereat, or
to agree not to grant Prohibitions; and therefore, if
any such Precedents should be produced, these Defendants conceive your Lordships will not be pleased
to ground any Judgement thereupon:
"And also forasmuch as, if any Equity at all were
for the said Petitioners to be relieved, the Courts of
Equity are open; where the Petitioners might, if they
shall be so advised, have an extraordinary Proceeding
and all just Relief:
"And for that, if these Defendants should be forced
to a Distribution, they might subject themselves to a
Devastavit; and for that the said Petitioners make no
good Title, in Law or Equity, to any Part of the
said Personal Estate; and for that the Property thereof, and Title thereunto, is properly to be determined
at Law, or, if any Trust, Fraud, or Circumvention
were, which is not so much as charged by the said
Petition, and the same not properly examinable before your Lordships originally by Petition; and for
that no Injustice or Irregularity is so much as set forth
or complained of; and for that, since the Petition,
the said Petitioners themselves have prepared a Petition, to be exhibited to the Honourable House of
Commons, for the same Matters, and almost in the
same Words as to your Lordships:
"For all these Causes, and divers other apparent Defects in the said Petition, these
Defendants conceive your Lordships will not
be pleased to give the said Petitioners, or
any of them, any Relief; and therein do
abide in, and humbly demand, your Lordships Judgement, whether these Defendants,
or either of them, ought to make any farther or other Answer to the said Petition;
and are humble Suitors, that they may be
dismissed from any farther Attendance, with
Costs: All which Matters they are ready to
aver, by the Proceedings in the said several
House adjourned till 9a cras.