House of Lords Journal Volume 7: 18 July 1645

DIE Veneris, 18 Julii.

PRAYERS, by Dr. Gouge.

Ds. Grey de Warke, Speaker.

Hawes's Cause, an Appeal from the Court of Wards.

Upon reading the Petition of Nicholas Hawes; shewing, "He was served with an Order of this House, to put in his Answer to a Petition of Anne Hawes, &c. before the 18th July, which is too short a Time, in regard it concerns his Inheritance:"

It is Ordered, That he shall have further Time, until this Day Month, to put in his said Answer.

Message from the H. C. with the Ordinance and Instructions for the Commissioners going to Scotland.

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

That they do agree with their Lordships in the Ordinance and Instructions to be given to the Commissioners that are to go into Scotland, with some Additions and Alterations, wherein their Lordships Concurrence is desired.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer to the Message sent Yesterday to the House of Commons:

That they agree to the Alterations in the Ordinance and Instructions to the Committee that are to reside in the Scottish Army. (Here enter them.)

That they agree to the Proviso in the Ordinance for raising of Horse, to keep in the King's Garrisons at Oxford, &c. (Here enter it.)

That they agree to the raising of Twenty Thousand Pounds out of Sir Wm. Portman's Estate.

That they agree to the adding the Two Deputy Lieutenants of the County of Chester.

That they agree to the Ordinance for the Clerk of the Hanaper. (Here enter it.)

As concerning the King's Footmen, Mr. Devereux, Institution, and the Order for Mr. Scholoer to be Minister of Owld, in the County of North'ton, they will send an Answer by Messengers of their own.

Col. Rossiter's Ordinance for Power of Martial Law, &c.

The Ordinance for giving Power of Martial Law to Colonel Rossiter, was approved; and Ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. with it; and with Ayliff's Petition in Behalf of Fanshaw; and for Concurrence in other Particulars.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

1. To deliver the Petition of Katherine Ayliffe, in Behalf of Wm. Fanshawe an Infant, with special Recommendations; and desire their Concurrence, that it may be referred to the Consideration of the Lords and Commons for Sequestrations.

2. To desire Concurrence in the Ordinance giving Power of Martial Law to Colonel Rossiter.

3. To desire Concurrence in the Ordinance for revoking the Ordinance for cutting of Wood.

4. To desire Concurrence, that Major Crawford may be Lieutenant Colonel to Colonel Browne, Governor of Lyncolne.

The Earl of Northumb. reported Two Papers, (fn. 1) from the Commissioners of the Navy and Cinque Ports; which were read, as follow:

Bignell to be Purser of The Crescent.

"Die Martis, 15 July, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Whereas Will. Thomas, late Purser of The Crescent Frigott, hath neglected to attend his Trust; and for that Tho. Bignell hath been certified by the Commissioners of the Navy to be a fit Person to execute that Place;

"Ordered, That the said Bignell be presented to both Houses of Parliament, for their approving of him to be Purser of the said Frigot, that he may be thereupon entered accordingly by Warrant from this Committee."

Approved of by this House.

Sick and wounded Seamen to be taken Care of.

"Die Sabbatti, 12 July, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On reading of a Letter from Mr. Goodwin and Mr. Boate, concerning divers wounded Seamen brought to Porstmouth, from Plymouth and other Western Parts; whom to preserve from perishing, the said Mr. Goodwin and Mr. Boate are forced to undertake for Discharge of their Entertainment, and to disburse Monies to them out of their own Purse;

"Ordered, That, forasmuch as frequent Occasions of this Nature happen, through the Employment of many Seamen on Land Service, it be recommended to the Parliament, from this Committee, to direct some Way for Relief and Encouragement of Seamen maimed or wounded in their Service on Shore. And the Earl of Northumb. is desired to report the same to the House of Peers.

"Ordered, That this be recommended to the House of Commons, that the Committee for maimed Soldiers may have Directions and Power given them, that the maimed Seamen may have the same Care taken for their Relief and Maintenance, as the Land Soldiers have."

These Two Papers are to be sent down to the House of Commons.

Stapilton's Appeal from the Court of Wards against Boynton.

Next, the Answer of the Master and Officers of the Court of Wards, to the Petition (fn. 2) of Mary Stapilton, was read. (Here enter it.) And Ordered, That the Cause shall be heard, at this Bar, by Counsel on both Sides, the 14 of October next, of which Notice shall be given to the Parties whom it concerns.

Temple and Ludlow to keep the Peace.

Ordered, That this House doth enjoin Major Temple and Mr. George Ludlow to carry themselves peaceably, and without Provocation, One towards another.

"An Ordinance for Relief of the Counties of Oxon, Bucks, Berks, and Southampton, and for the better securing of the associated Counties and Parts adjacent.

Ordinance for Relief of Oxon, Bucks, Berks, and Hampshire.

"The Lords and Commons assembled in Parliament, duly considering the miserable Condition of the Counties of Oxon, Buks, and Berks, South'ton, and other the neighbouring Counties, by reason of the continual Plunderings and Alarums from the Garrisons of Oxon, Baseing, Winchester, Wallingford, Banbury, Newarke, and other Places adjacent, in the Enemy's Power; and well weighing the great Advantage, which would redound, not only to the said Counties in particular, but to the City of London, and all the associated Counties, and to the whole Kingdom in general, if some competent Force might be speedily raised, for the blocking up or streightening of the said Garrisons and Places, in order to a further Design; do Order and Ordain, and be it Ordered and Ordained, by the Lords and Commons in Parliament, That the Common Council of the City of London, or such as they shall appoint, and the Committees for the Militia of Midd. within the Lines of Communication, and the several Committees nominated in the Ordinance for raising of Monies for Maintenance of the Forces under the Command of Sir Thomas Fairefax, in the several Counties and Cities hereafter mentioned, or any Three of them, shall have Power respectively, and are hereby authorized, to raise and levy, for the Relief of the foresaid Counties, and the keeping in of the Garrisons and Places in the Counties aforesaid; the several Proportions of Men; Horses, and Arms, hereafter likewise particularly expressed; and if any Person shall refuse or neglect to send in his Horse or Arms as he shall be cessed and proportioned, according to the true Intent of this Ordinance, that then it shall be lawful for the Committees as aforementioned; or any Three of them respectively, to levy so much Money, by Distress and Sale of the Goods of the Party so refusing or neglecting, as he shall be so set at; provided, that no particular Person, in any of the said Counties or Cities, be charged for the finding or providing of more than One Horse and Arms, or the Value thereof, after the Rate of Twelve Pounds for a Light Horse and Arms, and Six Pounds for a Dragoon Horse and Arms; and that no Person be charged, by virtue of this Ordinance, who hath not an Estate in Lands, or Yearly Revenue, to the Value of Forty Pounds per Annum or above, or Personal Estate of the Value of Four Hundred Pounds or above; and the several Proportions of Horse and Dragoons hereafter mentioned are to meet, within Ten Days after the passing of this Ordinance, at such Rendezvous as shall be appointed by both Houses of Parliament, or by the Committee of the Two Kingdoms, for the Services aforesaid, and to be taken into Pay the next Day after they shall come to such Rendezvous, to be appointed as aforesaid: And, for the better Encouragement of all those who shall be rated towards the raising and paying of the said Men, Horse, and Dragoons, as aforesaid, to contribute chearfully to this present and necessary Supply, it is Ordained and Declared, That the Monies which shall be levied for the Purposes aforesaid shall be duly repaid, to all and every Person and Persons disbursing the same respectively, out of the Monies to be raised by the Sale of Delinquents Estates, next and immediately after the Twenty Thousand Pounds already charged thereon shall be paid: Provided always, That the Proportions now set by virtue of this Ordinance shall be no Precedent for the future: Provided, That this Ordinance, nor any Thing therein contained, shall extend to any Peer of this Realm under the Protection of the Parliament, or any Member of the House of Commons, Assistant, Officer, or Attendant, of the House of Peers, or Officer or Attendant of the House of Commons:

Ordinance for Mr. Reynolds to be Clerk of the Hanaper.

"It is Ordered, by the Lords and Commons in Parliament, That John Reynolds, who hath for divers Years last past executed the Place of Clerk of the Hanaper, as Deputy to the Clerk of the Hanaper, and yet executeth the same, shall continue in the Execution of the said Office during the Pleasure of both Houses; and shall have Power, and be hereby enabled, to receive all such Sums of Money as are payable into the Hanaper, and to give Acquittances for Receipt thereof, and to do all other Things that belong to the Clerk of the Hanaper; and shall also have Power to detain in his Hands, upon Accompt, such Allowances, and to receive such Fees, upon Accompt, as other Clerks of the Hanaper have usually had and received; and shall pay such Fees and Allowances unto the Commissioners of the Great Seal, as hath been formerly paid to the Lord Keeper of the Great Seal of England, and the like to the Attendants on the said Great Seal; and the said John Reynolds shall have, for his Allowances, for his Pains in executing of the said Office, the Sum of Eighteen Pence per Diem, and Fifty Pounds per Annum; and shall answer the rest of the Fees, Issues, Allowances, and Profits, of the said Office to the Commonwealth."

Answer from the Master and Officers of the Court of Wards, concerning Stapilton's Appeal from a Decree of that Court, made in Favour of Eoynton.

"To the Right Honourable the Lords of the House of Parliament.

"May it please your Lordships,

"We have seen the Copy of a Petition, preferred to your Lordships by Mary Stapleton Widow, whereby the complaineth of a Decree made in the Court of Wards and Liveries against her, she not being heard therein; and she alledgeth, That she and the other Defendants did answer, and the Cause proceeded to Issue, Three Years since, and there rested till Michaelmas Term last: And we have also seen an Order made by your Lordships, wherein we are required to put in our Answer in Writing thereunto; in Answer to which Petition, we humbly certify and say, That, upon the 12th Day of May, in Easter Term, in the Eighteenth Year of His Majesty's Reign, the said Cause was heard in the said Court, in the Presence of Learned Counsel of both Sides; but no Decree was then thereupon made, but the Cause was left to a further Hearing; and nothing more was therein done until Michaelmas Term last; and the Reason (as we conceive) why the Cause rested so long without any further Proceedings was, for that there were very few Proceedings in the said Court from the said Easter Term until Easter Term 20° Carol. Regis, as well for that the said Court was often voted down by the Commons House of Parliament, which discouraged Suitors to proceed in the said Court, as also for that there wanted a Clerk in the said Court, Mr. Chamberlaine being gone to Oxford, and Mr. Audley being sequestered; besides, the Plaintiffs in the Suit against Mrs. Stapleton dwelt in the County of Yorke, which County the Earl of Newcastle had in his Power; and the Plaintiff, Sir Mathew Boynton, being there in the Parliament's Service (as we have been informed), could not attend the said Cause, until after the Battle of Marston Moore: And further we humbly certify, That, in Michaelmas Term last, the Cause came again to Hearing, upon the Seventh of November last, at which Day the said Mary Stapleton, by her Counsel, did alledge, That her Books were in the Custody of Mr. Armitage, in the Petition named; and therefore prayed further Time for the Hearing of the said Cause until the next Term, alledging only this Reason, that she wanted her Books; whereupon the Counsel for the Plaintiffs offered to deliver their Books to the said Mrs. Stapleton's Counsel, to be instructed for the Hearing; and thereupon it was Ordered, that the further Hearing of the Cause should be put over until Thursday the 21th of the said November peremptorily.

"We do further certify, That, upon the said 21th Day of November, the said Cause came again to be heard; and then the Defendants Counsel alledged as formerly, that they wanted the Books; and it appearing to us, that the same was a mere Delay, to put off the Hearing, in regard that the Plaintiffs Counsel had offered to them their Books as aforesaid, therefore we proceeded to the Hearing of the said Cause, wherein the Decree in the Petition mentioned was pronounced and drawn up accordingly; since which Time, the said Defendant hath been served with the said Decree, and have moved in this Court to have the Cause re-heard, and to have the said Decree altered, which could not legally be done, without a Bill to review; whereupon, 8 Maii, in Easter Term last, it was Ordered, upon the Motion of the said Mrs. Stapilton's Counsel, That the Defendants should put in their Exceptions to the said Decree in Writing, and deliver them to the Clerk of the Court on Saturday then next; and the Counsel to be heard thereupon on Tuesday then next: Accordingly, the Defendants Counsel did put in Exceptions to the said Decree, alledging, that the Suit was by Information against the Ward, whereas the same was by Bill; notwithstanding which, to give all Satisfaction, this Court was pleased to hear the said Exceptions and Counsel thereupon, albeit this Court could give no Order therein, the Suit being mistaken; and, upon Hearing thereof, this Court did declare the said Exceptions to be insufficient, and did over-rule the same, and did declare the said Decree to stand not any Way impeached by the said Exceptions.

"All which we humbly submit to the grave Consideration of your Lordships.

"W. Say Et Seale.
Ben. Rudyerd.
R. Wandesford.
Ja. Tooke."

Adjourn.

House adjourned till 9^a cras.