House of Lords Journal Volume 6: 30 August 1644

DIE Veneris, 30 die Augusti.

PRAYERS, by Mr. Newcomen.

Ds. Grey de Wark, Speaker.

Answer from the H. C.

The Messengers sent Yesterday to the House of Commons return with this Answer:

That they agree to the Declaration concerning Ships, with the Alterations; as to the Petition of the Lady Dromond, they will send an Answer by Messengers of their own.

Lords to take the National Covenant.

Ordered, That such Lords as have not taken the National Covenant, and are within the Power of the Parliament, shall have Notice, that they take and subscribe (fn. 1) the same by Thursday next, or return their Answer to this House.

Report to be made to the House of the Criminals convicted at the Sessions.

The House took into Consideration the List of those Prisoners that are presented to the Houses of Parliament, for to have a Pardon for their Offences, being found guilty at the Sessions at The Ould Bayly, for London: And it (fn. 2) is Ordered to (fn. 3) be referred to Mr. Baron Trevor and Mr. Serjeant Whitfield, to look over the List, and distinguish the small Offences (fn. 4) from the notorious Offenders, and give this House an Account thereof To-morrow Morning.

Message from the H. C. for impowering the Committee who are to meet with The States Ambassadors to treat about Restitutions;

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

To desire Concurrence in these Particulars following:

1. A Vote made, videlicet, "That Power be given to the Committee of Lords and Commons appointed to treat with The States Ambassadors, to grant or deny Restitution of the Ship Thomas Bonaventure, sent from Rotterdam, and Golden Falcon, as they shall see Cause, upon further Conference with the said Ambassadors."

Agreed to.

and with an Ordinance.

2. An Ordinance concerning the Town of Nottingham. (Here enter.)

Agreed to.

The Answer was:

Answer.

That this House agrees to the Two Particulars now brought up.

Ordinance about Foreign Ships trading with the Enemies of the Parliament to be published.

Ordered, That the Clerk of this House shall cause the Declaration concerning Foreign Shipping to be printed; and that the Serjeant of the Mace that attends the Commissioners of the Great Seal shall publish it; as is directed in the said Ordinance.

Ordinance for referring the Management of the Irish War.

The Ordinance for referring the managing of the Irish War to the Committee of both Kingdoms was read, and Agreed to with an Alteration.

Propositions for a Peace.

Ordered, That it be referred to the Consideration of the Committee of both Kingdoms, to whom the Propositions for Peace are referred, whether all Indictments, Utlawries, and Attainders, against any, for any of the said Causes, be adnulled and made void; and this to be added to the First Proposition.

Committee to meet about the Prince Elector's coming to England.

Lords Committees appointed to meet with a proportionable Number of the House of Commons, to consider what is fit to be done upon the Prince Elector's coming into England:

Any Three, to meet this Afternoon, at Three of the Clock, in the Lord Keeper's Lodgings.

Message to the H. C. to appoint a Committee to meet them, and about the Propositions for a Peace;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire it may be referred to the Consideration of the Committee of both Kingdoms, to add these Words to the First Proposition for Peace; videlicet, All Indictments, Utlawries, and Attainders, against any, for any of the said Causes, be adnulled and made void."

2d, To let them know, that this House hath nominated a Committee of Ten Lords, to meet this Afternoon, at Three a Clock, in the Lord Keeper's Lodgings, to consider what is fit to be done upon the Prince Elector's coming into England; and their Lordships desire that the House of Commons would nominate a Committee of their House, of a proportionable Number, to meet as aforesaid.

and with Two Orders.

3. To desire Concurrence in (fn. 5) an Order concerning the Marquis Du Brossay to go into France, with Four Horses, Custom-free, &c.

4. To desire Concurrence in the Addition to the Order for referring the managing the War of Ireland to the Committee of both Kingdoms.

Message from the H. C. with Two Ordinances;

A Message was brought from the House of Commons, by Mr. Solicitor General:

1. To present to their Lordships a Petition of the Lady Katherin Brooke, and an Ordinance thereupon made, concerning the Wardship of the Lord Brooke's Son, wherein their Lordships Concurrence is desired.

2. To desire Concurrence in an Ordinance, being Rules and Instructions for the Managing of the Excise.

and to sit a while.

3. To desire their Lordships would please to sit a while, for the House of Commons will have Occasions to come up to their Lordships about.

The Petition was first read. (Here enter it.)

Ordinance concerning the Wardship of Lord Brook.

Then the Ordinance concerning the Lord Brooke's Son's Wardship was read Thrice, and Agreed to.

Ordinance for ordering the Excise.

Next, the Ordinance, being Rules and Instructions for the ordering of the Excise, was read Twice, and committed to these Lords:

Any Three, to meet To-morrow Morning, at Nine a Clock, before the House sits.

The Answer returned was:

Answer to the H. C.

That this House agrees to the Ordinance concerning the Wardship of the Lord Brooke; touching the other Ordinance, their Lordships will send an Answer by Messengers of their own.

Answer from thence.

The Messengers sent to the House of Commons return with this Answer:

That they have nominated a Committee, to meet with the Committee of Lords, this Afternoon, concerning the Prince Elector.

2. That they agree to (fn. 6) the Alterations in the Order for referring the managing of the Irish War to the Committee of both Kingdoms. (Here enter it.)

3. That they agree in referring the adding of that [ (fn. 7) Particular to the] Committee of both Kingdoms.

Lords to attend.

Ordered, That all the Lords shall have Notice to attend the House on Monday next.

Tryon's Cause.

Ordered, That Mr. Tryon's Cause shall be heard on Monday next, at this Bar.

Ordinance to prevent Foreign Shipping from trading with the Ports in Defection from the Parliament.

"Whereas the Lords and Commons now assembled in Parliament, finding, by continual Experience, that very great Quantities of Ordnance, Arms, and other Warlike Ammunition, together with Ships, Goods, and Victuals of all Sorts, have been, and still are, brought into Newcastle, Falmouth, Topsham, Dartmouth, and other Parts of this Kingdom, being in Hostility against the King and Parliament, as also into the Realm of Ireland, from Foreign Parts, to be employed for the Relief of the Rebels of the said Kingdoms of England and Ireland, and against the Parliament and their Adherents the well-affected Persons of this Kingdom, have, by their Ordinance dated the last Day of November, 1643, Ordered, Established, and Ordained, That it shall and may be lawful for any of His Majesty's good and loyal Subjects, to be approved and thereunto appointed by the Lord High Admiral of England for the Time being, appointed by them the said Lords and Commons, to equip, furnish, and set forth, such and so many Ships and other Vessels, warlikely appointed, as they shall think fit; and with the same to seize, surprize, and take, all and all Manner of Ships and Vessels, with the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers, that they shall meet withall, in or outwards bound, from any Part or Place within any of His Majesty's Dominions, being in Hostility against the King and Parliament, or coming from or returning to any such Part or Place, or that shall be found to have traded with the Inhabitants of any such Ports or Place, since their Defection from the King and Parliament; and also to surprize and take all and all Manner of Ships and Vessels, with Ordnance, Ammunition, Victuals, and Goods therein, belonging to any Rebel or Rebels in Ireland; and further to surprize and take all and all Manner of Pirates and Sea Rovers, of what Nation soever, and their Ships and Goods whatsoever, and to have and enjoy the same, after Adjudication in the High Court of Admiralty, as their own proper Goods, according to the Purport and Intent of the said Ordinance: And forasmuch as it hath not yet been Declared by the said Lords and Commons what Ports and Places they account to be in Defection from the King and Parliament, in the Kingdom of Ireland, since the making of the pretended Cessation of Arms there, the Lords and Commons aforesaid do hereby Declare, That all and singular the Ports and Places in the Kingdom of Ireland are in Defection from the King and Parliament, and within the Compass of the said Ordinance, except the Ports in the Province of Ulster, from Strangford inclusive, Northward, and so along the Coast to Callebecke inclusive, and except the Fort of Duncanon, and except the Port of Youghall, Corke, and Kensale, in the Province of Mounster: And yet, notwithstanding, the said Lords and Commons, being very willing that Foreigners and Strangers should receive all Encouragement for Trade and Commerce with the City of London and other Ports and Places that stand right and keep their Fidelity to the King and Parliament, and such further Liberty as may consist with the Weal and Safety of the Kingdom, have Ordained and Declared, and by these Presents do Ordain and Declare, That it shall and may be lawful for all Foreigners and Strangers in Amity with this Kingdom, to have free Trade and Commerce to and from the City of London, and all other Ports and Places within any of His Majesty's Dominions standing right and keeping the Fidelity to the King and Parliament, they paying the Customs, and discharging such Duties, as are due and accustomed: And whereas it is alledged, that some Foreigners and Strangers, Subjects to other Princes and States, Confederates and Allies to His Majesty, have some Part of their Estates remaining in the Cities of Exceter and Bristoll, and other Towns and Places of this Kingdom of England in Defection from the King and Parliament, and Licence and Leave is desired, by the Ambassadors and Agents of those Princes and States, for the withdrawing of the same from those Cities, Towns, and Places; the said Lords and Commons, being very willing to maintain a good Correspondency and Understanding between His Majesty and all His Confederates and Allies, and their Subjects respectively, and desirous that the Subjects of such Confederates and Allies should not receive any Manner of Loss, Damage, or Prejudice, in their Estates, by the unhappy Differences and Troubles that are risen in this Kingdom, but should have all such Liberty as may consist with the Weal and Safety of this Realm and other His Majesty's Dominions, do hereby Declare, That, notwithstanding their former Ordinance aforesaid, it shall and may be lawful to and for any Foreigner or Stranger, Subject to any Prince or State in Amity with His Majesty, with such and so many Ships or other Vessels as shall be needful, to sail or go to the Ports or Harbours of Exceter, Bristoll, Fallmouth, Topisham, Newcastle, or any other Port or Place in this Kingdom of England, which are or shall be in Defection from the King and Parliament, and from thence, by all lawful Ways and Means, to withdraw, transport, and carry away, their Goods and Estates; provided, that those Ships or Vessels, which they shall carry into any such Port or Place, do not carry or bear any Ordnance, nor carry into any such Port or Place any Goods or Merchandize whatsoever, Monies, Arms, Ammunition, Materials for Shipping, or Victuals, more than such Victuals as shall be necessary for the Sustentation of the Company of such Ship or Ships; and such Monies as shall be necessary for the Uses of such Ship or Ships, for the necessary Supply of them and their Companies; and provided further, that such City or Town be not then besieged by the Ships or any other Forces of the King and Parliament; and that such Foreigners and Strangers, under Pretence of withdrawing their own Estates, do not bring away the Goods of any His Majesty's Subjects: And in case any Ship, or other Vessel, coming from any such Port or Place as aforesaid, shall be found to have aboard her any Goods, Monies, or Merchandizes, belonging to any of His Majesty's Subject or Subjects, the Lords and Commons do hereby Declare, That not only such Goods, Money, and Merchandizes, shall be good Prize to the Takers, being so adjudged in the Court of Admiralty, but also all the Goods, Monies, or Merchandizes, belonging to any Stranger or Foreigner, in whose Name any such Goods, Monies, or Merchandizes, belonging to any of His Majesty's Subjects, shall be shipped or coloured, and the Ship itself in which they shall be found, shall also be Prize to the Takers, in case it shall be proved that the Master or Owner of that Ship, or the Owner of such Goods and Merchandize in whose Name such Goods were colourably shipped, knew that any such Goods, Monies, or Merchandizes, at the Time of the Landing thereof, did belong to any of His Majesty's Subjects: And be it further Ordained and Declared, That no Commander of Ship or Ships, or other Person whatsoever, do or shall, under the Pretence of this Ordinance, or any Clause therein contained, presume to seize, surprize, or take, any Ship or other Vessel whatsoever, or any of their Lading, during the Time such Ship or Vessel shall remain or be within any of the Ports or Havens belonging to any Kingdom or State in Amity with the Crown or Kingdom of England.

"And, to the End that Public Notice may be taken of the said Ordinance aforementioned, and of this present Ordinance, as well by Foreigners as His Majesty's Subjects, the Lords and Commons aforesaid do hereby Order and Command, That the said former Ordinance, and this present Ordinance and Declaration, shall both be published, by a Serjeant at Arms, Three several Days, upon The Exchange, London, at the Time of the Concourse of Merchants thither; and Copies of them both, subscribed by the Clerk of the Parliaments, to be sent to the Ambassadors and Ministers of Foreign Nations here resident, by the Speaker of either of the said Houses, to be by them, or either of them, intimated and made known to the Subjects of those Princes or States which they represent, or from whom they are employed."

Order for the Money coming in upon the Excise as

Nott. to be for the Garrison there.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Monies coming from the Excise arising within the Town of Nottingham and County of the same, be allowed and designed, upon Accompt, for the Maintenance of the Garrison in the Castle and Town of Nottingham, and that it be referred to the Commissioners of Excise to take Care herein."

Lady Brook's Petition, for the Wardship of her Son.

"To the Right Honourable the Lords and Commons assembled in Parliament.

The humble Petition of the Lady Katherin Brooke, late Wife of Robert Lord Brooke deceased, by and with the Consent of the Executors of the said Lord,

"Humbly sheweth,

"That whereas the King's Majesty hath granted unto George Lord Digby the Wardship of Francis Lord Brooke her Eldest Son, by colour whereof he hath not only entered into most of her Son's Manors and Lands, but likewise into most of the Lands wherein your Petitioner hath any Jointure, and receiveth the Rents, and hath converted the Stock thereupon to his own Use, and imprisoned many of the Tenants, to their great Loss and almost utter Undoing, and to the great Damage of your Petitioner and her said Son; and whereas there hath been much unavoidable Loss and Damage sustained in Warwick Castle, as well in the Buildings and Gardens, as in the Furniture, Bedding, and Household-stuff, by reason of the continual Residence of the Garrison and many Prisoners there; and whereas your Petitioner's Husband was at great Charges as Commander in Chief for the Two associate Counties of Warwicke and Stafford, for which he never received any Recompence or Pay, in which Service he lost his Life, leaving your Petitioner young with Child of a Son now living, for whom he had made no Provision:

"She humbly prayeth, that her Eldest Son (in regard his Father was slain in the Parliament's Service) may be freely discharged from Composition for his said Wardship; and that his Wardship may be granted to your Petitioner, for his Use; and that, in Discharge of the said Expences and Arrears, and Recompence of the said Losses, the Messuage with the Appurtenances of the Earl of Bristoll, or of the said Lord Digby, in Queene-streete, may be now settled upon your Petitioner and her said Youngest Son, for some Provision of Livelihood, in such Manner as shall be thought fit; and that hereafter (when your Petitioner shall have Knowledge thereof) such other Lands of the said Earl or Lord Digby may be also settled upon your Petitioner's said Youngest Son, as to your Justice and Wisdom shall seem meet.

"And your Petitioner shall pray, &c.

"Kat. Brooke,
Jo. Bridges."

"An Ordinance of the Lords and Commons in Parliament, for the discharging of Francis Lord Brooke, Son and next Heir of Robert Lord Brooke deceased, from Composition for his Wardship; and for granting of his Wardship to his Mother the Lady Katherin Brooke, to his Use; and for the settling of the House, with the Appurtenances, of John Earl of Bristoll, or George Lord Digby, in Queenesstreete, in the County of Middlesex, upon the said Lady and Fulke Grevill her Youngest Son, and the Heirs of his Body, with Remainder over.

Ordinance for granting the Wardship of Lord Brook to his Mother and for settling the Earl of Bristol's House, in Queen-street, upon Lady Brook and her Youngest Son.

"Whereas Robert Lord Brooke was lately slain in the Service of the Parliament; after whose Death, His Majesty did grant the Custody, Wardship, and Marriage of Francis Lord Brooke, Son and Heir of the said Robert Lord Brooke, to George Lord Digby; by colour whereof, the said Lord Digby hath entered into divers of the Manors and Lands of the said Francis Lord Brooke, and into most of the Lands wherein the Lady Katherin Brooke, the Relict of the said Robert Lord Brooke, hath any Jointure, and hath received the Rents, and converted the Stock thereupon, to his own Use, and hath imprisoned some of their Tenants, to their great Damage; and whereas there hath been much (unavoidable) Loss sustained in Warwick Castle, as well in the Buildings and Gardens, as in the Furniture, Bedding, and Household-stuff, by the continual Residence of the Garrison and Prisoners there; and whereas the said Robert Lord Brooke was at great Expences as Commander in Chief for the Two associated Counties of Warwick and Stafford, in which Service he lost his Life, leaving his said Lady young with Child of a Son now living, for whom he had made no Provision: It is therefore Ordered, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, and the said Lords and Commons do hereby Order, Ordain, and Declare, That the said Francis Lord Brooke shall be, and is hereby, freely discharged of and from all Compositions, Fines, and Reservation of Rent, for or in respect of his Wardship, and of and from all Marriage, Primer Seizin, Liveries, Ouster les Maines, or other Charges or Things whatsoever, by reason thereof; and that the Custody, Wardship, and Marriage of the said Francis Lord Brooke be committed and granted to the said Katherin Lady Brooke and her Assigns, to the Use of him the said Francis Lord Brooke; and if it fortune the said Francis Lord Brooke to die before he come and be of his full Age of One and Twenty Years, then the Custody, Wardship, and Marriage of Robert Grevill, One other of the Sons of the said Robert Lord Brooke; and if he the said Robert Grevill shall die before he come and be of his full Age of One and Twenty Years, then the Custody, Wardship, and Marriage of Edward Grevill, One other of the Sons of the said Robert Lord Brooke; and if he the said Edward Grevill shall die before he come and be of the full Age of One and Twenty Years, then the Custody, Wardship, and Marriage of Algernoone Grevill, One other of the Sons of Robert Lord Brooke; and if he the said Algernoone Grevill shall die before he come to be of the full Age of One and Twenty Years, then the Custody, Wardship, and Marriage of the said Fulke Grevill, Youngest Son of the said Robert Lord Brooke; to and for the respective Uses of all the same Sons: And the said Lords and Commons do hereby Declare, That all Grants heretofore made to the said Earl of Bristoll, or Lord Digby, or either of them, (fn. 8) of or concerning the said Custody, Wardship, or Marriage, are void, and shall be taken and reputed to be of none Effect: And the said Lords and Commons, in Recompence of the aforesaid Loss and Damage, and for some Provision of Livelihood for the said Youngest Son, do hereby Order and Ordain the House of John Earl of Bristoll, and of the said George Lord Digby, or either of them, in Queen-streete, in the County of Middlesex, with the Gardens, Stables, Edifices, and Buildings, thereunto belonging, with their Appurtenances, heretofore the Mansion-house of the said Earl of Bristoll, unto the said Katherin Lady Brooke, for her Life; and, after her Decease, to the said Fulke Grevill and the Heirs of his Body lawfully to be begotten; and, for Default of such Issue, then to the said Robert Grevill and the Heirs of his Body lawfully to be begotten; and, for Default of such Issue, then to the said Edward Grevill and the Heirs of his Body lawfully to be begotten; and, for Default of such Issue, then to the said Algernoone Grevill and the Heirs of his Body lawfully to be begotten; and, for Default of such Issue, then to the Right Heirs of the said Fulke Grevill for ever; saving always and reserving all such Right, Title, Interest, Claim, and Demand, that any Person or Persons (excepting the said Earl of Bristoll, Lord Digby, John Digby Esquire Second Son of the said Earl, or any others claiming by, from, or under them, or any of them, or to the Uses of any of them) have, or shall have, of, in, and to the said House and Premises, or any of them: And the said Lords and Commons do also Order, Ordain, and Declare, That the Master of the Court of Wards and Liveries, and all Officers and Ministers there, and in Chancery, or elsewhere, to whom it appertaineth, shall in due Manner, according to the Course of the said Courts respectively, pass the said Custody, Wardship, and Marriage, to the said Lady Brooke, as aforesaid; and that Oliver St. John Esquire, His Majesty's Solicitor General, shall prepare a Grant or Grants of the said House and Premises, to be passed as aforesaid, under the Great Seal of England; and the said Commissioners of the Great Seal are, by the said Lords and Commons, hereby required and authorized to pass the same Grant or Grants, and the Marriages aforesaid, under the Great Seal; for which this shall be their Warrant."

Order to refer the Management of the War in Ireland to the Committee of both Kingdoms.

"Ordered, by the Lords and Commons in Parliament assembled, That the carrying on of the War in Ireland be referred to the Committee of both Kingdoms, with Power to that Committee of appointing Sub-committees out of the Adventurers for Ireland, for the better acting and managing of that Business."

Adjourn.

House adjourned till 9^a cras.