House of Lords Journal Volume 8: 20 May 1646

Pages 320-321

Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 320
Page 321

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DIE Mercurii, 20 die Maii.

PRAYERS, by Mr. Ash.

Comes Manchester, Speaker.

Comes Northumb.
Comes Kent.
Comes Pembrooke.
Comes Essex.
Comes Sarum.
Comes Warwicke.
Comes Nottingham.
Comes Bolingbrooke.
Comes Lyncolne.
Comes Rutland.
Comes Suffolke.
Comes Stamford.
Comes Midd.
Comes Denbigh.
L. Viscount Say & Seale.
Ds. Grey.
Ds. North.
Ds. Hunsden.
Ds. Wharton.
Ds. Maynard.
Ds. Bruce.
Ds. Willoughby.

Printed Statutes differ from the Rolls.

Upon Information to this House from the Judges, "That the Statutes made 21° Jac. printed do differ from the Rolls:"

It is Ordered, To refer it to the Judges, or any Two of them, to examine the Business, and offer their Opinions to this House how the same may be rectified, that so Inconveniencies may be prevented.

Mrs. Hall's Petitior, for Money to bury her Brother.

Upon reading the Petition of Mary Hall, Sister to Captain Hall deceased; shewing, "That he is dead, and hath not left wherewithall to bury him; therefore desires that some Monies may be paid for his Burial."

It is Ordered, To be recommended to the House of Commons.

Waters freed from a Debt of 500£. to Lowe a Delinquent.

The Lord North reported a Paper from the Committee of Lords and Commons for Sequestrations; which was read, as follows:

"At the Committee of Lords and Commons for Sequestrations.

"In the Case of Wm. Waters, referred to this Committee by Order of both Houses, touching a Debt of Five Hundred Pounds due by John Waters deceased unto one George Lowe a Delinquent, late Member of the House of Commons; which said Waters deceased, for his good Affections to the Parliament, was by the Enemy carried Prisoner to Banbury Castle, and there with miserable (fn. 1) Confinement died; and his Brother the Petitioner being his Executor, a Man very faithful to the Parliament, and both his Brother and he having been utterly undone by the Cruelty of the Enemy, whereby he is disabled to pay the Debts of his said Brother: This Committee thinks fit that the said Debt, owing by the said Waters deceased unto the said George Lowe, and subject to Sequestration, be allowed to the Petitioner, towards the Reparation of his own and his said Brother's Losses, paying the Sum of One Hundred Pounds thereof to the Use of the Parliament; and that, upon Payment thereof, he shall be discharged of the said Debt, as against the said George Lowe, and all others claiming under him; and this to be reported to the Houses.

"Jo. Wilde."

Ordered, That this House agrees to this Report; and the like Order to be made as the House of Commons hath made.

Ordinance to restore Saunders & al. to their Places at Exeter.

An Ordinance was presented to this House, for putting in Richard Sanders and others into their Places at Exeter, out of which they were put for their adhering to the Parliament; which was read, and Agreed to, and [† Ordered to] be sent to the House of Commons.

A Letter was read, thus directed,

E. of Cambridge, Leave to reside where he pleases, for the Recovery of his Health.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.

"My Lord,

"After a tedious Imprisonment of Two Years and Four Months, and the unjust Oppressions of many Enemies, I am arrived here; and next under God must acknowledge my Liberty to the Arms and great Success of the Parliament of England. This Benefit of Freedom, besides the being taken out of the Hands of my Enemies (who sought after my Life and Destruction), is of that great Value and Concernment to me, and lays such an Obligation upon me, as I shall study all Occasions to express my Gratitude for the same; which I intreat your Lordship to be pleased to represent to the Honourable House of Peers from me, and to desire this further Favour from their Lordships, that, in regard of much Indisposition, contracted by a long Detention and wearisome Journey, I may for the present apply myself for Recovery of my Health, whereby your Lordship will add to the former Obligations of

Hampton Court, 20 May, 1646.

"Your Lordship's Most humble Servant,


Ordered, That the Speaker return this Answer to the Earl of Cambridge, "That this House congratulates his safe Return to Hampton Court, and leaves it to him to choose what Place he please to make Use of for Recovery of his Health."

E. of Nottingham and Countess of Peterborough.

The Lord Willoughby reported, "That the Countess of Peterborough hath understood of an Order of this House, upon the Petition of the Earl of Nottingham, concerning a Suit that was depending in the Court of Wards; and her Answer is, That she never waved her Privilege of Parliament of that Court, but the Course of that Court (fn. 2)

Ordinance for L. Lisle to raise Forces for Ireland.

The House was adjourned into a Committee of the whole House during Pleasure, to consider of the Ordinance for the Lord Lisle to raise and levy Horse and Foot, for the Service of Ireland.

The House being resumed;

It is Ordered, To be further considered of To-morrow Morning; and that the Members of this House who are of the Committee of both Kingdoms do prepare a List of all the Forces that are in Pay by the Parliament, both in the Armies and in the Garrisons, and where they are, and to present the same to this House To-morrow-Morning.

Message from the H. C. for a Conference about the Words spoke by Sir J. Evelyn; their Vote about the King's Person, &c.

A Message was brought from the House [ (fn. 2) of Commons,] by Sir Tho. Wroth Knight:

1. To desire a Free Conference, so soon as it may stand with their Lordships Conveniency, concerning some Words which are supposed to be spoken by Sir John Evelyn, and concerning a Vote they have made concerning the disposing of the King's Person as the Two Houses of Parliament shall think fit, and concerning Captain Maissey.

The Answer returned was:


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

Ordered, To give a Free Conference with the House of Commons, concerning the Words spoken by Sir John Evelyn, and a Conference concerning the Vote for the disposing of the Person of the King as both Houses of Parliament shall think fit, (fn. 1) and concerning Captain Maissey; and the Time to be To-morrow Morning, at Ten of the Clock.

E. of Northton's Timber not to be cut.

Ordered, That it be referred to the Committee of Lords and Commons for Sequestrations, that no Timber upon the Earl of North'ton's Estate be cut down.

Ordinance concerning Hull.

Ordered, That the Ordinance concerning Hull be read To-morrow Morning, the First Business.

Porter and Sackvile to attend.

Ordered, That Mr. Porter and Captain Sackvile do appear before this House To-morrow Morning.

Message to the H. C. about a Conference they desired;

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

1. To desire a Conference To-morrow Morning, at Ten a Clock, concerning the Vote touching the disposing of the King's Person as both Houses of Parliament shall think fit, and touching Captain Maissey, and a Free Conference touching the Words spoken by Sir John Evelyn.

about Two Ordinances; and with Mr. Hall's Petition.

2. To put them in Mind of the Ordinance concerning Mr. Nitsby.

3. To recommend the Petition of Mary Hall, about the Burial of Captain Hall.

4. To desire Concurrence in the Ordinance concerning Serjeant Birkheade.


  • 1. Origin. Prisoner.
  • 2. Deest in Originali.