House of Lords Journal Volume 7
17 June 1645

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1767-1830

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'House of Lords Journal Volume 7: 17 June 1645', Journal of the House of Lords: volume 7: 1644 (1767-1830), pp. 436-438. URL: http://www.british-history.ac.uk/report.aspx?compid=33338 Date accessed: 21 October 2014.


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DIE Martis, 17 Junii.

PRAYERS.

Lord Grey, Speaker.

E. Pembrooke.
E. Warwicke.
E. Denbigh.
E. Essex.
E. Manchester.
E. Rutland.
E. Stamford.
E. Northumb'land.
E. Kent.
E. Bolingbrooke.
Viscount Say & S.
L. North.
L. Rob'ts.
L. Mountague.
L. Willoughby.
L. Wharton.
L. Bruce.
L. Howard.

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;

"Sheweth,

"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 and Spaine.

"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."

"The Letter:

Letter from Ld. Inchiquin to the Ld. Admiral, about it.

"My Lord,

"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 England."

"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 Matter."

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 the Constable."

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.

Grove's Cause.

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 to attend.

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 cease.

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:

Answer.

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 away.

"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 Courts."

Adjourn.

House adjourned till 9a cras.

Footnotes

* Origin. of.
* Sic.
Origin. perswaded them.
Deest in Originali.
* Sic.
Deest in Originali.