House of Lords Journal Volume 6: 29 February 1644

DIE Jovis, 29 die Februarii.

PRAYERS, by Dr. Smith.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Message to the H. C. for a Conference about the Prince Elector;

A Message was sent to the House of Commons, by Serjeant Whitfield and Sir Edward Leech:

about Lady Cleveland;

and with the Ordinance for the Master of the Rolls &al. to fit in Chancery.

To desire a Conference, concerning a Letter from the Prince Elector, and a Letter from the Agent in Holland Mr. Strickland; and to desire them to take into Consideration the Petition of the Lady Cleaveland; and to deliver to them the Commission for to enable the Master of the Rolls and others to sit in Chancery, wherein their Lordships do agree, with the putting out of Two Names, and the Commissioners of the Great Seal may be ordered to seal the (fn. 1) same.

Kenn freed from the Assessment.

Upon reading the Petition of Tho. Kenn, an Attendant to this House: It is Ordered, That he shall be discharged from paying of his Twentieth Part, in regard of his Attendance on this House, and his great Losses.

Justice Bacon, Leave to be absent.

Ordered, That Mr. Justice Bacon hath Leave to go to his own House in Norwich, and to return before Easter.

Sir J. Baker and Sir Tho. Walsingham.

Upon reading the Petition of Sir John Baker; it is Ordered, That this House will hear the Cause between him and Sir Tho. Walsingham, touching a Decree in the Exchequer, on Wednesday in Easter Week, being the 24th of April next.

Ordinance to exclude Members from sitting, who have absented themselves.

Ordered, That these Lords following are appointed to consider of the Ordinance for hindering such Members of both Houses as have deserted the Parliament from sitting in Parliament:

Any Three, to meet presently, and report the same to the House.

Message from the H. C. to expedite the Ordinance for regulating the Houshold of the King's Children.

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

To desire their Lordships to give Expedition in the Ordinance for regulating the Servants of the King's Children at St. James; because, they having taken the said Children into their Charge, they conceive they are bound by the Covenant to do it.

Committee to consider of it.

(fn. 2) Ordered, That this Committee shall meet Tomorrow Morning, at 9^a of the Clock, and take into Consideration how to lessen the Charge, and what Servants, as well Chaplains as others, (fn. 3) are fit to be removed, and who are fit to continue, and report the same to this House; and likewise to take into Consideration the List of the Servants brought up from the House of Commons.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Sir Walter Erle and others;

To desire their Lordships Concurrence in Two Orders:

1. Concerning Currants. (Here enter it.)

Read, and Agreed to.

2. An Order for paying One Thousand Pounds to the Lord General, which he laid out towards paying of the Soldiers. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to both the Orders now brought up.

Manley's Cause.

Upon reading the Petition of Tho. Manley Esquire; shewing, "That there being a Suit in Chancery between George Manley, against his Father Sir Ric'd Manley and John Manley, concerning certain Lands wherein the Petitioner (fn. 4) is interested, and, for the Trial of his Title, brought his Action at Law: Thereupon the said George, in the Name of Eliz. his Wife, while his own Suit depends as aforesaid, petitioned their Lordships; and in July 1641, the Lords Committees, for that they were not able to hear the Cause for the Multitude of Public Business, Ordered that the Matters in the several Courts should stand as then they did, and all Proceedings to rest till their Lordships gave further Order.

"Which Order of the Lords Committees being confirmed by the House, the said George Manley hath slept now above Two Years on the said Order; and nothing hath been done ever since, but the Petitioner obstructed in all Proceedings, and kept out of Possession against Right.

"He therefore humbly prayeth, that he may have Liberty to proceed; and that their Lordships would leave all Parties to the ordinary Course of Justice, the said Order not being made on hearing the Merits of the Cause, but because the same could not be heard."

Ordered, That this House grants the Prayer of this Petition, unless the said George Manley shews Cause to this House to the contrary within Eight Days after the serving him with a Copy of this Petition and Order.

Deleave's Petition, for his Father's Books, taken by Legay and Fairfax.

Upon reading the Petition of Jacob Deleave, of London, Merchant; shewing, "That Anthony lately deceased, in his Life-time, owed great Sums of Monies to divers Merchants; and since his Death Legay and Fairefaix have possessed themselves of all his Books of Accompts and Writings, which will be great Prejudice to his Creditors if they should be embezzled; therefore the Petitioner desires some Course may be taken for preventing the embezzling the said Books of Accompts and Writings:"

Hereupon this House Ordered, That the said Books of Accompts and Writings shall be inventoried and delivered into the Custody of Dr. Aylett, upon Oath, to be preserved for the Use of the Creditors, who are to have Resort unto them as there shall be Occasion.

Answer from the H. C.

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

That they will give a present Conference, as is desired; and concerning the Commission to the Master of the Rolls, they agree to the same with the Amendments; and concerning the Petition of the Lady Wentworth, they will send an Answer by Messengers of their own.

Message from thence, about a Letter from the Prince Elector;

A Message was brought from the House of Commons, by Sir Arthur Haselrigg and others:

1. To desire that they may communicate unto their Lordships, at the next Conference, a Letter which they received from the Prince Elector.

Agreed to.

and with Votes, &c. for Concurrence.

2. To desire Concurrence in some Votes concerning supplying Sir Wm. Bruerton with Money to buy Arms.

(Here enter them.)

Agreed to.

3. To desire Concurrence in an Ordinance, concerning the Weekly Meal, for maintaining the Auxiliaries.

4. That Mr. Bond may be added to the Assembly.

Agreed to.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to the Ordinance (fn. 5) for the Weekly Meal; and to all the rest of the Particulars now brought up, their Lordships do agree.

Ordinance to exclude Members from sitting, who have absented themselves.

The Lord Admiral reported, "That the Committee have considered of the Ordinance concerning the excluding of the Members of either House of Parliament without the Consent of both Houses; and they have made a Title to it, and some Alterations, which they offer to the Consideration of this House:" Which Alterations and Title being read, this House Agreed to the said Ordinance with these Alterations; and Ordered (fn. 5) it to be sent down to the House of Commons, to desire their Concurrence therein.

Mrs. Rogers, Maintenance out of St. Botolph's.

Ordered, That the Earls of Sarum, Warwicke Lord Admiral, Kent, and Lord Viscount Say & Seale, or any Two, do meet To-morrow Morning, at Eight of the Clock, and hear what Mr. John Vincent and Ann Rogers can say, concerning the Profits of the Church of St. Bottolph Bishoppgate; and to report the same to the House, after both Sides have been heard.

Order for 1000 l. to the Earl of Essex.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee at Habberdash'rs Hall do pay unto my Lord General the Thousand Pounds he formerly laid out for the Pay of the common Soldiers, upon the great Necessity of the Army; and that that Committee do pay another Thousand Pounds to the Treasurer at Wars, to be sent down to the Army before Saturday next, to pay the Serjeants, Corporals, Drummers, and Foot Soldiers of that Army."

Order for Reformadoes to be paid out of the Sale of the Currants that are seized.

"Whereas several Parcels of Currants have, since the last Day of September 1642, been brought into the Port of London, and several other Ports and Creeks within this Kingdom, contrary to an Ordinance of Parliament made the 26th Day of August 1642, in which respect they have, by the Officers and others thereunto authorized, been seized upon as forfeited; but, not being put to Sale, or otherwise disposed of, do begin to perish, and, if some Course be not taken for the Disposal of them, are likely to become of no Use: It is Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners of the Customs do take Accompts of the said several Parcels of Currants within the Port of London, or any the Out-ports, and do forthwith nominate and appoint certain Persons of Trust, to make Sale thereof to such as will give most for them, allowing One Fourth Part of the Money raised thereby to such Persons as did seize the same, and reserving the Remainder for such Uses as are hereafter expressed: And whereas, over and above the Zant Currants brought into the River of Thamas in the Ship Faulcon, now lately arrived, divers other Parcels of Currants, which were taken out of the Ship Lyon, and the Ship Angell, lately arrived in The Downes, and since gone for Holland, to the Quantity of Thirty Tons or thereaboat, are likewise brought into the said River in Barques and other Vessels; it is further Ordered, by the said Lords and Commons, That the Commissioners and Officers of the Customs do make Entries thereof, and suffer the same to be landed, the Merchant or Owners paying Six Shillings for each Hundred Weight, over and above the Customs and Excise due for the same; and that all and every the Sums which shall be raised by any the Ways and Means aforesaid, excepting the said Customs and the Fourth Part of the Seizures before mentioned, shall, by the said Commissioners and Officers, be paid over unto Sir Walter Erle, for and towards the Payment and Satisfaction of the Arrears due unto Reformadoe Officers."

Arms for Sir W. Brereton.

"Resolved, &c.

"That Sir William Brereton shall have One Thousand Muskets, Five Hundred Knaphances, Fifteen Hundred Swords, Fifteen Hundred Bandileers, Fifteen Hundred Head-pieces, and Thirty Barrels of Powder, when the Store can spare the Powder, to be employed for the Service of the State."

"Resolved, &c.

"That the Committee at Habberdashers Hall do forthwith furnish Five Hundred Pounds, towards the providing of the Arms assigned to Sir Will'm Brereton; and that the Residue that those Arms shall amount unto shall be furnished and paid Monthly, out of the Monies that come in at Habberdash'rs Hall."

Adjourn.

House adjourned till 9^a, Saturday next.