House of Lords Journal Volume 8: 3 December 1646

DIE Jovis, 3 die Decembris.

PRAYERS, by Mr. Arrowsmyth.

Sir T. Cheek and Sir H. Mildmay, about the Barony of Fitzwalter.

Sir Thomas Cheeke's Petition read, laying his Claim to the Title of the Barony of (fn. 1) Fitz-walter. (Here enter it.)

It is Ordered, That both Sides shall be heard, by their Counsel, this Day Six Weeks, videlicet, 16 Jan. next: And the King's Counsel to have Notice hereof.

Papers from the Admiralty Committee:

The Earl of Warwicke reported a Paper from the Committee of the Admiralty and Cinque Ports; which was read, as follows:

For Captain Kettleby to be released;

"Die Jovis, 17 Sept. 1646.

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

"On the Petition of Captain Thomas Kettleby, praying, his Arrears of Sea Service, amounting to Two Hundred Eight Pounds, Eighteen Shillings, and Two Pence, or a considerable Part thereof, may be paid him, for Relief of himself, his Wife and Family, he being now a Prisoner; Ordered, That it be recommended to both Houses, to grant him his Liberty; this Committee being of Opinion that the same may be an Act of Charity, and no Prejudice to the State."

and for his Arrears to be paid him.

"Die Martis, 1 Dec. 1646.

"The Petition of Captain Thomas Kettleby was now read; setting forth the Extremity of his Necessities, by reason of his long Imprisonment, and the sick and languishing Condition of his Wife and Children; and thereupon humbly praying, that, out of the Two Hundred Eight Pounds, Eighteen Shillings, and Two Pence, remaining unpaid for his Naval Services, he may have some considerable Allowance, for his Subsistence; Ordered, That it be recommended from this Committee to both Houses of Parliament, that such a Proportion of Money may be allowed him, out of his said Arrears, towards the Relief of himself and Family, as they shall think fit."

Ordered, That this Report be sent to the House of Commons, with this Sense, "That this House thinks fit that Captain Kettleby should have some Relief."

L. Stanhope-Witherings, and the E. of Warwick, about the Postoffice.

Upon reading the Answer of Thomas Wytheringes to the Lord Stanhope's Petition. (Here enter it.)

It is Ordered, That the Lord Stanhope shall have a Copy of this Answer, and put in his Reply Tuesday come Three Weeks.

The Earl of Warwicke declared, "That, if the Lord Stanhope would go to a Trial at Law upon the Patent, his Lordship would wave his Privilege, and go to a Trial with him at Law."

Mrs. Ashburnham's Petition, for a Maintenance.

Upon reading the Petition of Mrs. Ashburnham; desiring, "some Maintenance may be allowed her, out of her Husband's Estate, for herself and her Children:"

It is Ordered, To be sent to the House of Commons, with Recommendations.

Sheriffs for Counties.

The Names of the Sheriffs for the Counties were read; and most of them were approved of, and some few were altered, wherein the Concurrence of the House of Commons is to be desired.

Jermyn, a Pass.

Ordered, That Mr. Thomas Jermyn shall have a Pass, with Five Servants, to come out of France.

Sir J. Sidley's Cause.

Ordered, That Sir John Sidlye's Cause shall be heard, at this Bar, To-morrow Fortnight.

Sir H. Mildmay and Sir T. Cheek, about the Barony of Fitzwalter.

Ordered, That Mr. Solicitor shall have Notice of the Hearing of the Claim of Sir Henry Mi'dmay Knight, and Sir Thomas Cheeke, about the Title of Lord Fitzwalter; and desire him, that he would prepare himself to maintain the King's Title, and to give Notice to the rest of the King's Counsel.

Mr. Hackwell, Leave to be absent.

Ordered, That Mr. Hackwell, an Assistant to this House, shall have Leave to be absent for Six Weeks.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hackwell:

1. To desire their Concurrence in the Alteration of the Sheriffs Names; and that this House agrees to the other Names.

2. To deliver to them the Paper of the Spanish Ambassador; and that this House thinks it fit it be referred to the Committee for Foreign Affairs, wherein their Concurrence is desired.

3. To deliver to them the Oxford Petition, and the Ordinance thereupon, wherein their Concurrence is desired.

4. To desire Concurrence, that the Earl of Pembroke may be Lord Lieutenant of the County of Cardigan.

L. Stanhope-Witherings, and the E. of Warwick, about the Post-office.

"The humble Answer of Thomas Witherings, to the Petition of Charles Lord Stanhope.

"In Obedience to your Lordships Order of 17 Nov. 1646, the said Thomas Witherings makes this humble Answer unto the Petition of Charles Lord Stanhope; and saith, That, about the Time in the Petition, Mathew Dequester did assign unto the said Thomas Witherings all his Estate and Interest in the Foreign Letter-office, which he held by Letters Patents under the King; and that, since, the King, by His Letters Patents under the Great Seal of England, bearing Date 15 Martii, in the Seventh Year of His Majesty's Reign, did grant unto the said Thomas Witherings the Foreign Letter-office, during the Life of the said Thomas Witherings and William Frizell.

"And further sheweth, That, by One Deed indented, dated 15 Febr. in the Seventeenth Year of His Majesty's Reign, made betwixt the said Thomas Witherings and the Right Honourable Robert Earl of Warwicke, he hath granted all his Estate, Right, Title, and Interest, in the said Office, unto the said Earl of Warwicke; since which Time, the said Earl of Warwicke hath been in Possession thereof, and exercised the same by himself and his Deputies: And the said Defendant denieth that he knoweth any oppressive Courses used against the said Lord Stanhope by the Council Table; or, if any were, that the same were done by the Procurement of the said Defendant: And the said Defendant doth not know any Patent the said Lord Stanhope hath concerning the said Office, or that there were any undue Means concerning the Surrender of the said Patent; and if any were, yet the Defendant was not privy thereunto. And the Defendant is advised by his Counsel, that the said Lord Stanhope hath not, nor ever had, any Right, or Pretence of Right, to any Thing contained in the said Letters Patents: But the said Letters Patents, and all the Defendant's Interest therein, being granted and assigned unto the said Earl of Warwicke so long since, the said Defendant humbly prayeth your Lordships Direction, whether it be your Lordships Pleasure that he shall give any other Answer unto the said Petition; and humbly prayeth to be dismissed out of this Honourable House, with reasonable Costs.

"Thomas Witherings."

Bishopp to be Sheriff of South ton;

"Ordered, by the Lords and Commons assembled in Parliament, That Richard Bishopp Esquire be Sheriff of the County of Southampton; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Hewett of Leicestershire;

"Ordered, by the Lords and Commons assembled in Parliament, That William Hewett Esquire be Sheriff of the County of Leicester; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Sir T. Eversfield of Sussex;

"Ordered, by the Lords and Commons, &c. That Sir Thomas Eversfeild, of Denn, Knight, be Sheriff of the County of Sussex; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Blosse of Suffolk;

"Ordered, by the Lords and Commons, &c. That Thomas Blosse Esquire be Sheriff of the County of Suffolke; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Kynnaston of Denbigh;

"Ordered, by the Lords and Commons, &c. That John Kynnaston Esquire be Sheriff of the County of Denbigh; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Sir Ant. Ash. Cooper of Wilts;

"Ordered, by the Lords and Commons, &c. That Sir Anthony Ashely Cooper Baronet be Sheriff of the County of Wilts; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Pyett of Essex;

"Ordered, by the Lords and Commons assembled in Parliament, That John Pyett, of Low Layton, Esquire, be Sheriff of the County of Essex; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Lewis of Cardigan;

"Ordered, by the Lords and Commons, &c. That James Lewis, of Camowen, Esquire, be Sheriff of the County of Cardigan; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Cole of Somerset;

"Ordered, by the Lords and Commons, &c. That Richard Cole Esquire be Sheriff of the County of Som'sett; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Bastard of Devon;

"Ordered, by the Lords and Commons, &c. That Will'm Bastard Esquire be Sheriff of the County of Devon; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Lucy of Warwick;

"Ordered, by the Lords and Commons, &c. That Richard Lucy Esquire be Sheriff of the County of Warwicke; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Bellasis of Durham;

"Ordered, by the Lords and Commons, &c. That Sir Richard Bellassis Knight be Sheriff of the County Palatine of Duresme; and that the Commissioners for the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Kynnersly of Stafford;

"Ordered, by the Lords and Commons, &c. That Thomas Kynnersly, of Lockesly, Esquire, be Sheriff of the County of Stafford; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Cope of Oxon;

"Ordered, by the Lords and Commons, &c. That William Cope Esquire be Sheriff of the County of Oxford; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Shaftoe of Northumb.

"Ordered, by the Lords and Commons assembled in Parliament, That William Shaftoe, of Babington, Esquire, be Sheriff of the County of Northumberland; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Barker of Rutland;

"Ordered, by the Lords and Commons, &c. That Abell Barker, of Hamilton, Esquire, be Sheriff of the County of Rutland; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Hacker of Nottingham.

"Ordered, by the Lords and Commons, &c. That Richard Hacker Esquire be Sheriff of the County of Nottingham; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Hobart of Cambridge;

"Ordered, by the Lords and Commons, &c. That John Hobart, Esquire be Sheriff of the County of Cambridge; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Southby of Berks;

"Ordered, by the Lords and Commons, &c. That John Southby Esquire be Sheriff of the County of Berks; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Jones of Carmarthen;

"Ordered, by the Lords and Commons assembled in Parliament, That Francis Jones Esquire be Sheriff of the County of Carmarthen; and that the Commissioners of the Great Seal do issue a Commission to him, to be Sheriff of the said County, accordingly."

Ward of Northampton;

"Ordered, by the Lords and Commons assembled in Parliament, That William Ward, of Houghton, Esquire, be Sheriff of the County of Northampton; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Wymondesall of Surrey;

"Ordered, by the Lords and Commons, &c. That William Wymondesall Esquire be Sheriff of the County of Surrey; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Owen of Merioneth;

"Ordered, by the Lords and Commons, &c. That Lewis Owen, of Peniarth, Esquire, be Sheriff of the County of Merioneth; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Howson of Lincoln;

"Ordered, by the Lords and Commons, &c. That John Howson Esquire be Sheriff of the County of Lincolne; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Brown of Gloucester;

"Ordered, by the Lords and Commons, &c. That William Browne, of Heresfeild, Esquire, be Sheriff of the County of Gloucester; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Sir J. Heydon of Kent;

"Ordered, by the Lords and Commons, &c. That Sir John Heydon Knight be Sheriff of the County of Kent; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Herle of Cornwall;

"Ordered, by the Lords and Commons, &c. That Edward Herle Esquire be Sheriff of the County of Cornwall; and that the Commissioners of the Great Seal of Engl. do issue a Commission to him, to be Sheriff of the said County, accordingly."

and Sir R. Darley of Yorkshire.

"Ordered, by the Lords and Commons, &c. That Sir Rich'd Darley Knight be Sheriff of the County of Yorke; and that the Commissioners of the Great Seal of England do issue a Commission to him, to be Sheriff of the said County, accordingly."

Adjourn.

House adjourned till 10^a cras.

Huc usque exam.

per nos,

T. Lyncolne.

Mulgrave.