House of Lords Journal Volume 5: 1 December 1642

DIE Jovis, 1 die Decembris.

Prayers.

Earl of Manchester, Speaker this Day.

E. of Bath's Petition for Protection of his Goods, &c.

The Petition of Henry Earl of Bath was read; shewing, "That whereas he being (a Peer of this Realm), by their Lordships Warrants a Prisoner restrained in The Tower; in the mean Time, his House and Goods have been assaulted and threatened (he knows not by what Authority), and his Horses, which are for his ordinary Service and his Lady's daily Use, are arrested, and in Danger to be taken from her: His Lordship desires the Favour, Justice, and Protection, that his House, Goods, and Horses, may be secured and preserved, for his Lady's and his necessary Support."

Delinquents sent for, for seizing his Horses.

Ordered, That the Persons that seized these Horses (being contrary to the Privilege of Parliament) shall be sent for, to (fn. 1) be examined by what Warrant they seized them; and this House thinks it fit to have a Conference with the House of Commons, that the Order concerning the seizing of Horses may be dissolved.

Speaker to write to the L. General, to restore the Countess of Banbury's Horses that were seized.

This House was informed, "That the Horses of the Countess of Banbury, which were by Order of this House to be restored, are sent into the Army, to Captain Pritty; and he refuses (being sent to) to deliver them:" Hereupon this House Ordered, That the Speaker shall write a Letter to the Lord General, that they may be restored, according to the Order of this House.

E. of Warwick's Cause about the Post Office.

Upon reading Two Affidavits, "That the Order of this House, for the giving the Possession of the Letter Office to the Earl of Warwicke, is disobeyed, by Phillip Burlamachi, Job Alibond, and James Hickes:" (Here enter them.) Hereupon this House Ordered, That (fn. 2) they shall be sent (fn. 1) for, to appear here To-morrow Morning, to shew Cause why they have not obeyed the said Order.

Security offered for the E. of Portland's Appearance.

The Lord Lovelace did this Day offer to engage his Word to this House, for the Security of the Earl of Portland, that he shall be confined to his own House in London, and the Liberties thereof; and that he shall appear before this House at any Time when he shall have Notice from this House.

Referred until this House hears from the House of Commons.

Message to the H. C. for a Conference, on various Subjects.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To desire a Conference, concerning the Order for the seizing of Horses for the Service of the Army, and concerning the Earl of Portland, and concerning the King's Children.

Mrs. Leveson versus Blunt.

The Petition of Frances the Wife of Tho. Leveson, Esquire, was read; shewing, "That her Husband, being in France, hath allotted her One Hundred Pounds per Annum, out of his Lands in Wolverhampton, for her Maintenance during his Absence; and one Francis Blunt is to make Payment thereof; but he being a notorious Papist, and in these Times of Distraction, refuses to pay the same, and converts it to his own Use."

Ordered, To be referred to the Examination of Mr. Justice Crawly, who is to report the same to this House.

Message from the H. C. for the Lords to concur in the following Orders;

A Message was brought from the House of Commons, by Sir Henry Mildemay, Knight; which consisted of these Particulars:

1. An Order for Captain Manwaring to search for Provisions and Ammunition to go to the King. (Here enter it.)

Agreed to, with this Addition, "That no Trunks, Packs, and Carriages, shall be carried out of London, but by a Pass, either from Parliament, or the Committee for the Safety of the Kingdom."

2. An Order for a Commission (fn. 3) for a Captain of a Company for Foot or Dragooners. (Here enter it.)

Agreed to.

and for the Lords Assistants to bring in their Contribution.

3. To desire that, whereas the House of Commons did lately desire that their Lordships would know what the Members and Assistants of this House would contribute toward the Maintenance of the Army, they desire that their Assistants may be forthwith called to that Purpose; else many of them will be gone out of Town.

To be taken into Consideration.

The Answer returned was:

Answer.

That this House agrees to the Order for the Commission to the Captains, &c. But touching the Order to search Trunks and Carts that go out of Town, and concerning the calling the Assistants to contribute, this House will send an Answer, by Messengers of their own, in convenient Time.

Message to the H. C. with a further Answer.

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

To let them know, that this House consents to the Order for searching of Trunks and Carts that go out of Town, with the Addition; and the Order and the said Addition to be delivered to the House of Commons.

Subject of the Conference.

"1. The Particulars of this Conference is, to let them know, that, in regard of the Inconveniencies found by taking up so many Horses for the Service of the Army, their Lordships desire to know what Number of Horses will be sufficient for the recruiting of the Army; and, when that is done, that the Order for seizing the Horses may be taken off, and the Friends of the Parliament used kindly.

"2. That the Air in London doth not agree with the Health of the King's Children; therefore to desire that they may be removed to St. James, (fn. 4) or to Whitehall, and that the Countess of Roxborough will undertake they shall not be removed from thence (fn. 5) without the Knowledge of the Parliament.

"3. That the Earl of Portland desires he may be removed to his own House in London, for his Health's Sake; the Lord Newnham and the Lord Lovelace undertaking for his Forth-coming: (fn. 6) This their Lordships are inclined to grant; but do acquaint the House of Commons first with it, it being at their Desire that he was secured.

"4. That the Money sequestered unto Sir Ralph Freeman, for the Monthly Relief of the King's Children, may be paid unto the Exchequer, and by the Officers of the Exchequer paid unto Sir David Cuningham, who hath a Privy Seal to receive it, and give a Discharge to the Officers of the Exchequer, who cannot else, by their Oaths, pay it; and to desire the House of Commons to take the same into their Consideration."

House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Affidavits in the E. of Warwick's Cause about the Post Office.

Poole's.

"Richard Poole maketh Oath, and saith, That, on the 26th of November last, he, this Deponent, served Mr. Phillip Burlemachi and Pompey Calandrini with an Order of the Lords in Parliament, of 25th of the same Month, for delivering of the Possession of the (fn. 7) Inland Letter Office to the Right Honourable the Earl of Warwick; and that, on Monday the 28th of the said Month of November, there came one James Hickes to the Place appointed by the said Earl or his Deputies (for receiving of the Mails of Letters according to the said Order), with a Message from Mr. Prideaux, who (as he said) was then at Mr. Burlimachie's House, to Mr. Pulley and myself, and to require the Delivery of the Letters of Chester Road which were come to our Hands to him; and that he would receive not only them but all other that came, notwithstanding the Order of the Lords: Whereupon the Deponent went to the said Mr. Prideaux, to know by what Order he required the Letters, who refused to shew any; and desiring him to take Notice of the Order of the Lords, which this Deponent shewed to him, the said Mr. Prideaux answered, he had seen a Copy thereof, and demanded whether I did serve him therewith; to whom I answered, That, if he claimed any Thing to do in the Office, I did serve him; whereupon he required John Castlon, Edward Hutchins, and Job Alibond, then present, to bear Witness."

Jurat. 1 Decembris, 1642.

Ro. Rich.

Hughes's.

"Fulke Hughes maketh Oath, and faith, That, upon the 27th of November last past, he served an Order of the Lords in Parliament, of the 25th of the same Month, upon Edward Hutchins, Post-master at Charing Crosse, and Job Alibond, a Servant in the (fn. 7) Inland Letter Office during the Sequestration, who confessed that they knew of the said Order before their Serving therewith; and that, notwithstanding the said Order, the Mail of Letters for the Western Road was delivered at Mr. Burlimachie's House upon the 28th Day of the same Month, and were there distributed by Job Alibond and James Hickes; and the Letters of the other Roads were delivered in by them at the said Burlimachie's House, and sent away by the several Posts of the said Roads upon the Night following; and the said Alibond and Hickes do execute the said Office in Burlimachie's House, in the same Manner as they and others formerly had done during the Time of the Sequestration."

Jurat. 1 die Decembris, 1642.

Ro. Rich.

Commission for a Captain of Foot, or Dragoons.

"By virtue of an Ordinance of Parliament, authorizing me to be Lieutenant of the County of, I do hereby nominate and appoint you to be Captain of a Company of to be mustered within the several Parishes of the County aforesaid; and do further give Warrant to you, to lead, train, and muster the said Company of, at such Days, Times, and Places, as you the said Captain of the said Company, shall think fit and convenient; and do hereby give Power, and authorize you the said Captain, to lead and conduct the said Forces, as well in Places without the said County as within, and to give Battle and fight with all Rebels and Traitors, and their Adherents, and all others that shall approach with any Forces towards or against the said County, or cause Insurrection within the same; and them to invade, resist, repress, subdue, pursue, kill, and slay, and put to Execution of Death, and by all Means to destroy, as Enemies of the King, Parliament, and Kingdom, and the Peace of the said County; observing from Time to Time such other Directions and Commands as you shall receive from me, or, in (fn. 8) my Absence, from my Deputy Lieutenants, or any One or more of them, in that Behalf directed; willing and commanding all inferior Officers and Soldiers of the said Company of to be attending, aiding, and assisting unto you, for the better Furtherance of this Service by the said Ordinance required. Given under my Hand, this Day in the 18th Year of the Reign of our Sovereign Lord King Charles, &c."

Adjourn.

House adjourned till 10 ^a cras.