Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 12 die Maii.
PRAYERS, by Mr Lightfoote.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Stewart and Elmhurst, about the Manor of Faborne and Colton.
Upon reading the Petition of Henry Stewart: Ordered, by the Lords in Parliament assembled, That Richard Elmehurst, who claims Interest in the Moiety of the Manors of Fabowrne and Colton, in the County of Yorke, and hath forborne to give Obedience to an Order of both Houses, do, immediately upon Sight hereof, deliver quiet Possession of the said Manors, or such Part theref as he claims, unto He'ry Stewart, or his Agents or Assigns, or, in Default thereof, to appear before the Lords in Parliament within Ten Days next after this Order shall be served; and hereof the said Elmehurst is to take Notice, and yield.
Remonstrance to be sent to the Queen of Sweden, on account of Her Ships not striking to the British Flag in the Narrow Seas.
Upon reading the Report from the Admiralty, concerning the Swedish Ships which are brought into The Downes by the Vice Admiral:
It is Ordered, That this House approves of what the Vice Admiral and Rear Admiral have done, concerning the Swedish Ships, in Maintenance of the Sovereignty of the Seas belonging to this Crown; and do refer it to the Committee of the Admiralty, to draw up a Letter, or Remonstrance, to be sent to the Queen of Sweden, or her Commissioner here, according to the Report of the Admiralty of the 11th of May, 1647; and to report the same to the Houses before it be sent: And the Concurrence of the House of Commons is to be desired herein.
L. Herbert's Castle of Montgomery assaulted by the Garrison of Poole, in that County.
A Letter was produced by the Lord Herbert of Cherbery; shewing, "That the Soldiers of the Garrison of Poole, in the County of Mountgomery, did (fn. 1) assault his Castle of Mountgomery, and did fire upon them; but the Governor of his Castle made no Resistance:"
Hereupon it is Ordered, That it be sent to the House of Commons, with a Desire of Concurrence, that it may be referred to the Members of both Houses that are of the Committee of both Kingdoms, to hear what the Lord Herbert can offer, for to prevent the Inconveniency as may follow if some speedy Course be not taken for the (fn. 2)
Precedency between the Vice-chancellor of Cambridge and the Mayor.
The Judgement of this House, upon the Hearing of the Cause between the Vice-chancellor of the University of Cambridge and the Mayor of Cambridge, touching the Right of Precedency, was read, and approved of. (Here enter it.)
Collieries of Delinquents unsequestered to be for the Use of the State.
Ordered, That the Witnesses shall be produced To-morrow Morning, to prove that the Parties who have Coals at Newcastle, and are reputed to be Delinquents, and so their Coals to be disposed of for the Use of the State, are not sequestrable, as is alledged.
Capt. Rice to be continued on the Irish Station with his Ship.
The Lord Viscount Say & Seale reported a Paper from the Committee of Lords and Commons for the Irish Affairs of Ireland at Derby House; was read, as follows:
"Die Martis, 11Die Maii, 1647.
"Ordered, That it be reported to both Houses, That Captain Rich, with his Ship, who is now in or about Chester Water, may be continued in the Service, till his Victuals now on-board shall be spent, in regard there is Want of Shipping in those Parts."
Ordered, That this House approves of this Report; and to communicate it to the House of Commons, and desire their Concurrence therein, that it may be referred to the Committee of the Admiralty, that they may give Order for the doing thereof.
Message to the H. C. with the E. of North'ton's Pet. about his Composition;
A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:
1. To deliver to them the Petition of the Earl of North'ton, with this Sense thereupon: "That, upon Consideration had of the Petition of the Right Honourable James Earl of North'ton, and the Motives thereunto annexed; and more particularly of his Youth, and Engagement in the War by his Father's Command; he early endeavouring to come in, and laying down Arms, when his Command was no Ways inconsiderable; his free Choice, rather to come in from Oxford, and cast himself upon the Favour of the Parliament, than to capitulate (fn. 3) there; the Want of his Evidences, and his Submission to compound as Tenant in Fee, which distinguisheth his Case from all others: It is Ordered, by the Lords and in Parliament assembled, That the said Earl shall be admitted to his Composition, at Two Years Purchase; and that his Fifth and Twentieth Part shall be included therein."
and about the following Particulars.
2. To deliver to them the Report this Day from the Committee for the Admiralty, concerning the Swedish Ships, with the Sense of this House thereupon.
3. To deliver to them the Report concerning Captain Rich, with the Sense of this House thereupon.
4. To deliver to them the Letter of the Lord Herbert, with a Desire it may be referred to the Committee of both Kingdoms, that the Lord Herbert may be heard; and that some speedy Course may be taken in the Business.
Sir H. Mildmay and Sir T. Cheek, concerning the Barony of Fitzwalter.
The House heard the Counsel on both Sides state the Claim of the Title of the Barony of the Lord Fitzwalter, being in Difference between Sir Henry Mildmay Knight and Sir Thomas Cheeke.
It is Ordered, That this House will hear the Counsel, further, concerning this Business, To-morrow Sevennight; and the King's Counsel to have Notice, to attend at the same Time.
Letter from the Scots Commissioners.
A Letter from the Scotts Commissioners was read, concerning their Desire that the Earl of Dumferlinge may attend the King at Holdenby, according to the Tenor of the Letter of both Houses, the 27th January last.
(Here enter it.)
Message from the H. C. with Ordinances;
A Message was brought from the House of Commons, by Mr. Greene, &c.; who brought up divers Ordinances, wherein their Lordships Concurrence is desired:
1. An Ordinance for borrowing Six Thousand Pounds of the Customers.
2. An Ordinance for taking off the Delinquency of Mr. Booth.
3. An Order for Sir John Holland to have Leave to return, upon his own Occasions. (Here enter it.)
Read, and Agreed to.
4. An Ordinance for Two Thousand Five Hundred Pounds to be paid to Mr. Benjamin Valentine.
5. An Ordinance concerning Sir John D'anvers.
and for Col. Rainsborough to command Forces to retake Jersey.
6. To put their Lordships in Mind of a Vote formerly brought up, for nominating Colonel Raynsborough to go with his Regiment for regaining of the Isle of Jersey; and the House of Commons say, that the passing or not passing of this Vote will be the Saving or Losing of that Isle.
Ordinance concerning Sir J. D'Anvers.
The Ordinance concerning Sir John D'anvers, was read the First and Second Time; and Ordered to be committed to the Consideration of these Lords following:
Any Three, to meet To-morrow Morning, at Nine of the Clock; and to report the same.
Sir Ed. Sydenham's Cause.
Ordered, That the Persons that are in Custody, by Order of this House, upon the Complaint of Sir Edward Sydenham, shall be bailed, and are to appear before this House this Day Three Weeks, at which Time the said Cause is to be heard by Counsel, and Witnesses on both Sides.
Order for the E. of Dumferling to have Access to the King.
"Ordered, by the Lords and in Parliament assembled, That the Earl of Dumferlinge, shall have Access to His Majesty at Holdenby, according to the Agreement of both Houses with the Kingdom of Scotland, signified in a Letter dated the 27th of January last; the said Earl having Warrant from the Parliament of Scotland for that Purpose."
Message to the H. C. with it.
This Order was sent down to the House of Commons, by Sir Edward Leech and Mr. Page, to desire their Concurrence therein.
Sir W. Russell & al. and Lenthall & al.
The Petition of Sir Wm. Russell, John Woode, Wm. Geere, and others, was read, with an Order of the House of Commons. (Here enter them.)
It is Ordered, That the Judges shall deliver in their Reasons of their former Opinions to this House, of the Case between Russell, &c. and Lenthall, &c. And concerning the Matter of this Petition now read, which concerns the Privileges of this House, the same shall be taken into Consideration To-morrow Morning.
E. of Denbigh, Leave to come from Holdenby.
Upon reading the Letter of the Earl of Denbigh, desiring "Leave for his Repair to London for some few Days, upon the Urgency of his Private Affairs; and that his Attendance in the mean Time may be spared:"
Message to the H. C. about it.
It is Ordered, That the Earl of Denbigh shall have Leave to come to London for Ten Days; and the Concurrence of the House of Commons to be desired herein.
And Sir Edward Leech, &c. is to carry this Message.
Sir W. Russell & al. and Lenthall & al.
"To the Right Honourable the Lords in the High Court of Parliament assembled.
"The humble Petition of Sir William Russell Knight and Baronet, John Wood, William Geere, and others;
"That, in the Cause between Lenthall, Marston, and others, and your Petitioners, your Lordships having several Times heard Counsel, and, by your Honourable Order of the 21 of April last, directed the Judges to deliver their Opinions in Writing, Whether a Prohibition did in that Case lie?" Which the Judges have certified in the Affirmative.
"That sithence, upon the Petition of the said Lenthall and Marston to the Honourable House of Commons, the same, by an Order (of the House of the 7th of this Instant) annexed, is referred to a Committee of that House, to consider of former Proceedings in that House, and before your Lordships, and in other Courts; and, upon Consideration of all, to state the Matter of Fact, together with their Opinions.
"Your Petitioners (who conceive they may, and humbly) do, as Subjects of England, pray to have the Benefit of the Laws, which, being so required by your Lordships, is by the Judges certified your Petitioners ought to have; being willing to quit the Petitioners in the House of Commons of their Fears that your Petitioners would insist upon any Plea upon the Statute of Limitations of Actions and Nonage, both which they assent to wave: Humbly beseech your Lordships, they may be left, the one to prosecute, the other to defend, according to the Course of the Laws of the Land, without being drawn to any further Attendance upon Petitions.
"And they shall pray, &c."
Order of the H. C. concerning this Business.
"Die Veneris, 7 Maii, 1647.
"Ordered, by the Commons assembled in Parliament, That the humble Petition of John Marston and other Merchants be referred to the Committee formerly appointed for this Business, where Sir Thomas Widdrington hath the Chair; and the said Committee is hereby revived; and they are to meet on Tuesday next, at Two post Meridiem, in the Exchequer-chamber: And they are to consider of the former Proceedings in this House, and in the House of Peers, upon this Business; and the Proceedings, in Pursuance of Orders and Directions of this House, in other Courts upon this Business; and, upon Consideration of all, to state the full Matter of Fact, together with their Opinions what they think fit to be done for the speedy Relief and Redress of the Petitioners. And the said Committee hath Power to send for Parties, Witnesses, Papers, Records.
Cleric. Parl. D. Com."
Letter from the Scots Commissioners, that the E. of Dumferling may have Access to the King at Holdenby.
"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.
"In Pursuance of the Desires of the Parliament of Scotland, that such of the Scottish Nation as have Warrant from them, or their Committee thereunto authorised, shall have Accesse to His Majesty, whereunto the Houses of Parliament did agree in their Letter of the 27th of January last; wee are commaunded to represent to the Honnorable Houses, that the Earle of Dunferline by his faithfull Carriage and Forwardnes in the Actions of Peace and Warr, haveinge upon all Occasions manifested a constant Affection to Religion, and to the Union betwixt the Kingdomes, and with his best Abilityes endeavored to promote the Ends of the solemne League and Covenant; the Estates of the Parliament of that Kingdome have given Warrant to his Lordship, to repaire to Holmeby, and attend on His Majesty; wherein wee doe in their Name desire the Concurrence of the Honnorable Houses, and remaine
Worcester House, the 6th Day of May, 1647.
Most humble Servaunts,
Precedency between the Vice-chancellor and Mayor of Cambridge.
"The Lords assembled in Parliament, having taken into Consideration the Difference about Precedency of Place between the Vice-chancellor of the University of Cambridge and the Mayor of the Town of Cambridge; and having heard Counsel, Witnesses, and Proofs, on both Sides, at this Bar, do, after Debate and mature Deliberation, Decree, Order, and Adjudge, That the Precedency of Place, of Right, belongeth to the Vice-chancellor of Cambridge, before the Mayor of the Town of Cambridge; and do Order, That the said Precedency be enjoyed by the said Vice-chancellor and his Successors, without any Lett or Disturbance by the said Mayor or his Successors: And likewise it is hereby Ordered, That the Deed ingrossed, for the conveying of Lands purchased with the Two Hundred Pounds which Mr. Thompson gave by his last Will and Testament, to be employed in the Workhouse, for the setting the Poor in Cambridge on Work, at the Discretion of the Vice-chancellor and Mayor, wherein the said Mayor of the Town of Cambridge caused his Name to be written before the Vice-chancellor's Name in the Deed, be canceled, and forthwith made void; and that he the said Mayor, upon the Sight of this Order, cause a new Deed to be made, wherein the Vice-chancellor's Name shall be first placed, as of Right it ought, that so Things in reference to the Good of the Workhouse in Cambridge may be executed jointly by the Vice-chancellor and Mayor, according to the Tenor of the Will and the Intention of the Donor."
Sir J. Holland, Leave to come from Holdenby.
"Ordered, by the Lords and Commons assembled in Parliament, That Sir John Holland Baronet, One of the Commissioners from Parliament at Holdenby, shall have the Leave of both Houses to return to London, and to go into Hantsheir, upon his own pressing and private Occasions."
Report concerning the Swedish Ships brought into The Downs, for refusing to strike to the British Flag, in the Narrow Seas.
"Die Jovis, 7 Maii, 1647.
"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.
"An Order of the House of Commons, whereby the Papers concerning the Swedish Ships and the whole Business thereupon depending, were referred to this Committee (who were to meet and report their Opinion this Day), was now considered of. And forasmuch as, upon reading of the said Papers, there appeared no Cause for the longer Detention of the Swedish Vice Admiral brought into The Downes by Captain Batten, and for that a Detriment may arise by the respiting of her Discharge until the Parliament's Sitting (they having adjourned till Tuesday next); the rest of the Swedish Ships (who are certified to be out of Victuals) being also come into The Downes, to attend the Issue of this Matter: Resolved, That a Letter be written to Captain Batten, forthwith to discharge the said Vice Admiral of the Swedish Fleet, that she, with the rest of the said Fleet, may proceed on their Voyage Home."
"A Letter to Captain Batten was accordingly written, in this Form; (videlicet,)
"We have received and considered of your several Letters concerning the Swedish Ships; and think that the Vice Admiral of that Fleet, by you brought into The Downes, be no longer detained; and therefore would have you forthwith to discharge her, that she, with the rest of the same Fleet, may proceed on their Voyage Home. Concerning this Matter you shall hear further from us, after a Report to both Houses, agreed upon this Day, shall be presented.
"Resolved, That this Committee is of Opinion, That the Vice Admiral's and Rear Admiral's Proceedings, in order to the Maintenance of this Kingdom's Sovereignty at Sea, be approved of by both Houses.
"Ordered, That this Committee's Proceedings and Opinions in this Matter be reported to both Houses of Parliament."
Remonstrance to be sent to the Queen of Sweden about it.
"Die Martis, 11Maii, 1647.
"Resolved, That this Committee is of Opinion, That a Letter from both Houses of Parliament to the Queen of Sweden, or a Remonstrance to Her Agent here, be sent or delivered, to the Effect following; (videlicet,) To set forth the Right of this Crown to the Sovereignty of the Narrow Seas; the violating thereof, by Her Commander's refusing to take in their Flags on Colour of their Instructions; the Proceedings of the Parliament's Ships thereupon; the Parliament's Respect to the said Queen; and their Readiness to maintain Amity and a good Correspondency with the Crown of Sweden; together with their Desire, that, for preventing future Misunderstandings, Her Majesty's Commanders at Sea may not in like Cases deny that Respect which is due to this Crown.
"W. Jessop, Secretary."