House of Lords Journal Volume 7: 4 September 1645

DIE Jovis, 4 die Septembris.

PRAYERS, by Mr. Prophet.

Ds. Grey de Warke, Speaker.

Letter from the Committee of Kent, about the E. of Thanet's Assessment.

A Letter was read, directed to the Speaker of this House, written from the Committee of Kent, concerning their Assessment of the Earl of Thanett, for the supplying of the Scotts Army. (Here enter it.)

Committee to consider of it.

And it is referred to the Consideration of these Lords, to peruse the Ordinance, and consider whether his Lordship be to be rated by the Peers; and report how they find the Business:

Any Two, to meet when they please, and send for such Persons as they shall think fit, to inform them of this Business.

Spence sent for, for attaching the E. of Middlesex's Goods.

Upon reading the Affidavit of Ralph Davies; shewing, "That, on the First of this Month, having Conference with one Edward Spence, of London, Upholsterer, he told him, That he the said Spence had entered an Attachment against the Earl of Midd. and had upon Saturday last attached the said Earl's Wool; for Three Hundred Pounds; and said to him, That the said Earl of Midd. did now sit in the House of Lords as a Peer of this Realm, and a Member of the said House of Lords."

Which this House apprehended to be a Breach of the Privilege of Parliament, to attach the Goods of a Peer; and Ordered, That the said Spence shall be sent for, as a Delinquent, to answer the same.

Next, was read a Letter from the Lord Wharton, as follows:

"May it please your Lordship,

Letter from L. Wharton at Berwick, that the Scots want to call Home Gen. Lesley to their Assistance, but are afraid that the King would then penetrate Northward.

"Late the last Night, we met with the Lord Lannericke and Mr. Meldrum; who told us, they were appointed by the Lord Chancellor, the Marquis of Argyle, and the rest, to acquaint us how tender they were, that any Prejudice should arise to our Affairs, by calling away Lieutenant General David Lesley, from whom they received that Morning a Letter from Bautry, to come with his Horse into Scotland; and that if, upon his coming away, the King's Party should pass into Yorkeshire, and so Northward, it might not only hazard the spoiling of those Parts, and getting a considerable Strength there, but also render the coming of Lieutenant General David Leslie altogether ineffectual: And though their Necessities in these Parts do instantly require a Strength of Horse and Foot, to head the well-affected that are under their Command, and may be raised; yet, unless the King's Forces be secured, and a considerable Strength from the South and West to attend the King's Motions, they thought it not so safe for them or us to have Lieutenant General Lesly come away. They were very earnest with us, that we would represent their present Condition to your further Consideration, in Hopes some speedy Course may be taken for their Relief. And we hold it our Duty to acquaint the House herewith; because, upon the Receipt of those Letters from Lieutenant General David Leslie, the Lords thought fit to recede from their Opinion they so earnestly pressed the other Day, of which we gave an Account in our last Letter of the 26 Current, with their Paper inclosed in it; and though the Scottish Forces in the Towns and Castles in these Parts (besides Barwick) might make a considerable Strength if they were drawn all together, yet we do not perceive in them any Willingness as yet to make Use of those Forces in that Way. I rest.

Barwicke, 28 Aug. 1645.

"Your Lordship's humble Servant,

"P. Wharton."

The Superscription.

"For the Right Honourable the Lord Grey of Warke, Speaker to the House of Peers pro Tempore."

Ordered, That this Letter be communicated to the House of Commons, with this Sense upon it:

The Scots to be advised to draw their Forces out of the Northern Garrisons, which will be replaced with English ones.

"That the Lords do think fit, that it be recommended to the Committees sent to the Parliament of Scotland, that they offer unto the Commissioners of the Kingdom of Scotland the withdrawing of their Garrisons in the North of England, which they may employ for the Service of the said Kingdom of Scotland; and that our Committee there take due Care for the supplying of such Garrisons as shall be so withdrawn with competent English Forces, out of the Northern associated Counties."

Message to the H. C. about it;

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

To communicate the Letter received this Day from the Lord Wharton, with the Sense of this House thereupon.

with Mr. Stephens's Ordinance;

2. To desire their Concurrence in the Ordinance for continuing Tho. Stephens Esquire to be High Sheriff of the County of Gloucester.

and about the Gentleman Porter of The Tower.

3. To put them in Mind of the Business of the Gentleman Porter of The Tower, formerly sent down to them.

Mrs. Wemes's Petition, for an Allowance out of Lamborn Rectory, sequestered from her Husband.

Upon reading the Petition of Jane Wemes, the Wife of Doctor Wemes; shewing, "That her Husband being sequestered from the Rectory of Lamborne, in the County of Essex, desiring that she may have the Fifth Part of the said Rectory allowed her for her Maintenance and her Children."

Hereupon it is Ordered, To be referred to the Committee of Lords and Commons for Sequestrations, to give her such Relief herein as they shall find Cause.

Earl of Lincoln versus Ly. Delawar.

Upon reading the Petition of Theophilus Earl of Lyncolne; shewing, "That the Lady Isabella De la Ware, Baroness Dowager, is indebted unto the Petitioner, by Statute Staple, in the Sum of Two Thousand Pounds; he having used all the fair Means that may be, and cannot obtain Payment thereof; therefore it is desired that this House will either call the said Lady before their Lordships, and order her to make Payment of the said Debt, or to give Liberty to his Lordship to proceed against her according to Law, notwithstanding her Privilege."

Ordered, That the Lady De la Ware shall have a Copy of this Petition, and return her Answer to this House within Fourteen Days next after the Date of this Order.

Ordinance for selling Delinquents Estates.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for selling of Delinquents Estates.

The House was resumed; and Ordered, That this Ordinance shall be taken into Consideration on Monday Morning, at Nine of the Clock; and then the House shall be called, and the Lords absent shall have Notice to be present.

Answer from the H. C.

Doctor Aylett and Doctor Heath returned this Answer from the House of Commons:

That they agree in the Sense upon the Lord Wharton's Letter; and they agree to the Ordinance for continuing Mr. Stephens to be High Sheriff of the County of Gloucester. (Here enter it.)

Ordinance for Mr. Stephens to continue High Sheriff of Gloucester.

"Whereas Thomas Stephens Esquire was, by Letters Patents, made Sheriff of the County of Gloucester quamdiu nobis placuerit, upon a former Ordinance made by the Lords and Commons in Parliament assembled, and took his Oath for executing the said Office in the Month of June, 1644: It is therefore now Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said Tho. Stephens shall continue to execute the said Office, until a Writ of Discharge shall be to him delivered, or other Order taken by this present Parliament, and shall be saved harmless and indemnified, in all Acts and Things by him done in Execution of his said Office, from all Penalties and Damages whatsoever, by Authority of this present Parliament."

Adjourn.

House adjourned till 9^a cras.

Die Veneris, 5 die Septembris.

THE Day of the particular Fast for the Kingdom of Scotland, &c.

Ds. Grey de Warke, Speaker.

Public Humiliation.

The Lords went to the Fast Sermons, in the Abbey Church.

Adjourn.

House adjourned till 9^a cras.