House of Lords Journal Volume 10: 28 January 1648

DIE Veneris, 28 die Januarii.

PRAYERS, by Mr. Seaman.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Porter, a Pass.

Ordered; That Mr. Philip Porter shall have a Pass; to go out of England.

Officers who were in the King's Army, remain in London, with Commissions from the Spanish Ambassador to raise Forces for Flanders.

The House being informed, "That divers Persons are in Town, which have been Colonels and Officers in the King's Army; some of them, being apprehended, alledged, That they have Commissions, under the Spanish Ambassador's Hand and Seal, to raise Men here for the Service of the King of Spayne in Flanders; and under this Pretence they stay in Town, contrary to the Ordinance of Parliament; and have divers Hundreds of Men under their Power, which they can command in an Instant:"

Hereupon, this House apprehending this to be a Matter of very great Concernment, and might prove very dangerous to the City and Parliament, it is Ordered, To have a Conference presently with the House of Commons; and to communicate this Information to them, and desire their Concurrence, that some special Care may be taken, for the apprehending of such Officers that shall be found in Town as have (fn. 1) been in Arms against the Parliament; and that some Persons may be sent to the Spanish Ambassador, to know of him by what Authority he grants these Commissions.

Stewart to have his Liberty to prosecute his Cause.

Upon reading the Petition of Henry Stewart; complaining, "That he, having a Cause depending in this House, cannot have Liberty to follow it;" and in regard he is arrested, and cast into Prison: It is Ordered, That the said Stewart shall have Liberty, with his Keeper, to go abroad, to instruct his Counsel, and follow his Cause depending in this House.

Message to the H. C. for a Conference about some of the King's Officers, who remain in Town.

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

To desire a Conference, concerning some of the King's Officers, that have Commissions from the Spanish Ambassador to raise Men here in London, &c.

E. of Denbigh excused from going to Scotland.

This Day the Earl of Denbigh humbly made his Excuse to this House, concerning his Employment into Scotland; which the House was pleased to accept of.

Prude's Ordinance for Naturalization.

The Ordinance for Naturalization of Katherine Prude, was read, and Agreed to.

Baker and Allen.

Upon reading the Certificate of Doctor Heath, concerning the Business between Baker and Allen: (Here enter it.)

It is Ordered, That Doctor Heath do take the Security tendered; and, if the Parties have any further Difference, they are referred to take their ordinary Course at Law.

Portsmouth Garrison, Petition for Relief.

Upon reading the Petition of the Garrison of Portsmouth; complaining of "the necessitous Condition they are in, for Want of Relief:"

It is Ordered, That this Petition be recommended to the Committee for the Revenue.

E. of Nottingham to go to Scotland.

The Earl of Nottingham is desired to go a Commissioner into Scotland, with some Members of the House of Commons.

Sir J. Astley's remaining Estate to be freed from Sequestration.

Upon reading the Petition of Sir Jacob A'tley Knight; shewing, "That whereas the Houses have given away his Land in Kent to Mr. John Steph'ns, which is Two Thirds of his Estate; he desires that the Sequestration may be taken off from the rest of his Estate:"

It is Ordered, That this House thinks fit that the Sequestration from the Remainder of his Estate may be taken off, as is desired; and that the Concurrence of the House of Commons be desired herein.

Message to the H. C. about it; - about L. Petre's House; -and to remind them of Walter's Petition.

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

To deliver to them Sir Jacob Astley's Petition; and desire their Concurrence, that the Sequestration of the Remainder of his Estate may be taken off.

2. To desire their Concurrence in the Desire of the Lord Peter's, concerning his House in Aldersgate-streete.

3. To put them in Mind of Captain Walter's Petition.

Letter about Fenwick: Sent to the H. C.

A Letter from the Earl Leven was read, concerning Mr. Fenwicke: (Here enter it.)

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

Which was presently sent down to the House of Commons, by Doctor Heath and Mr. Hakewill.

Ordinance for pressing Mariners:

A Report from the Committee of the Admiralty concerning pressing of Mariners: (Here enter the Report.) And in Pursuance thereof an Ordinance was offered to the House, and read, and approved of; and ordered to be sent to the House of Commons, for their Concurrence.

Sent to the H. C.

And accordingly it was sent, by Doctor Heath and Mr. Hakewill.

Preacher at the Fast.

Ordered, That Mr. Henry Wilkinson shall have Thanks given him, for his Pains in preaching before the Lords the last Fast-day.

Search to be made for King's Officers in Westm.

Ordered, That the Clerk of the Parliaments and Mr. George Manley, or any One of them, being Justices of the Peace, do make Search after such Commanders and Officers of the King's that are about Westm. and to apprehend them and commit them to Prison.

Message from the H. C. with an Impeachment against L. Willoughby of Parham;

A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath; who said, [ (fn. 2) "He was] commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to bring up to their Lordships Articles of Impeachment against Francis Lord Willoughby of Parham, in Maintenance of their Charge, whereby he stands charged by them, in the Name of all the Commons of England, of High Treason and other High Crimes and Misdemeanors; and to desire that such Proceedings may be thereupon had, as to Justice and the Course of Parliament shall appertain: And that the House of Commons are ready with their Evidence."

and against Sir J. Maynard.

He further said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to bring up to their Lordships Articles of Impeachment against Sir John Maynard Knight of the Bath, in Maintenance of their Charge, whereby he stands charged by them, in the Name of all the Commons of England, of High Treason and other High Crimes and Misdemeanors; and to desire that such Proceedings may be thereupon had, as to Justice and the Course of Parliament shall appertain: And that the House of Commons are ready with their Evidence."

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Annesley; who brought up Two Ordinances, wherein their Lordships Concurrence is desired:

1. An Ordinance for adding Mr. Knightley to the Committee at Derby House.

Ordered, To be laid aside, until this House hear from the House of Commons concerning the adding of those Persons sent down from this House.

2. An Ordinance touching the Presbyterial Government.

The Answer returned was:

Answer.

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

Report from the Committee at Derby House.

A Report from the Committee at Derby House, was read; with a Narrative of Colonel Mytton's, concerning a Discovery of a dangerous Design. (Here enter them.)

The Earl of Manchester reported further, "That Arthur Trevor denies what Colonel Mytton says."

Sent to the H. C.

Ordered, That these Papers be communicated to the House of Commons.

And accordingly they were sent down, by Doctor Heath and Mr. Hakewill.

Impeachment against L. Willoughby and Sir J. Maynard.

Ordered, That the Business of the Articles against the Lord Willoughby and Sir John Maynard shall be taken into Consideration on Monday next; and the Lords who are absent are to have Notice to attend the House on Monday.

Letter from the E. of Leven, in Behalf of Fenwick.

"For the Right Honnorable my very good Lord, my Lord Earle of Manchester, Speaker to the Right Honnorable the House of Peeres.

"May it please your Lordships,

"The Experience I have of the seasonable and very usefull Service which Robert Fenwicke, late of Barwicke, Esquire, did contribute for the Libertyes of these Kingdomes, in Truth and Peace evidenced by severall Wayes, as before, soe since, the Yeare 1640 (at which Tyme the Pressures of our Church and State did bring in an Army to your Kingdome, to supplicate for Redresse), doth now move me to become an humble Suiter in his Behalfe, That your Lordships would be pleased to looke upon him as one whose Actions have bin nothing else but a continuall Improvement of all Advantages to the further Enlargment of the Happines of these Kingdomes, which more particularly did manifest itselfe, in that, to the greate Danger of his Person, and Ruine of his Estate, he proved an Instrument for the more safe and close Convoy of our Armey, and did distinguish betwixt our Friends and our Foes (as to us then unknowne), which served much to the houlding upp of a right Understandinge betwixt the Kingdomes; and did obviate the Evills of a Nationall Quarrell, and Effusion of Blood. And that your Lordships may now likewise be pleased to take especiall Notice of him, in such a Way as is most suitable to the Honnor of the Parliament, and to his owne Merritt, and Fidelity in the Publique Cause, which shall be lookt upon as an Answere of a high Value put upon the Intreaty of

"Your Lordships

Edinburgh, the 22th of March, 1647.

"Humble Servaunt,

"Leven."

Lydston to be instituted to Mellin;

Ordered, That Doctor Heath, or his lawful Deputy, give Institution and Induction unto John Lydston Clerk, Master of Arts, unto the Rectory of Mellin, in the County of Cornwall, void by the Death of the last Incumbent ; salvo Jure cujuscunque: Presentation under the Great Seal.

and Bragg to Thorncomb.

Ordered, That Doctor Aylett give Institution unto William Bragg Clerk, Master of Arts, to the Vicarage of Thorncombe, in Com. Devon, now void; salvo Jure, &c.: Presentation under the Great Seal.

Report from the Admiralty Committee, for the Order for pressing Mariners to be continued:

"Die Martis, 25 Januarii, 1647.

"By the Committee of the Lords and Commons for the Admiralty.

"The Power of impressing Mariners for the Fleet, by virtue of an Ordinance of both Houses, dated 7th February, 1645, and continued of Force till the First of this January Instant, by an Order of the 2d of January, 1646, being now expired: Ordered, That Report thereof be made to both Houses of Parliament; with the Opinion of this Committee, That the same Power be renewed, and continued Twelve Months longer, if the Houses shall in their Wisdom so think fit."

Order for it.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Ordinance, dated 7 Februarii, 1645, for impresting of Mariners for the Service of the Fleet, be continued, and remain in Force in all the Clauses and Parts thereof, as to the Ships now abroad, and those which shall be hereafter set forth for the Parliament's Service, until the First Day of January, 1648."

Baker and Allen.

"Inter Joh'em Baker & W'm Allen.

"According to an Order of this Most Honourable House of Peers, hereunto annexed, I have required the said John Baker to put in Security which he hath tendered, to the Sum of Four Hundred Pounds; which, (fn. 3) being Double to the Appraisement of the Ships, is sufficient according to the Rule of the Admiralty; which Rule I am commanded by your Lordships to observe. But the other Party doth refuse to accept thereof, alledging that he is damnified to a far greater Value, of at the least Twelve Hundred Pounds; and that the Appraisement was made when the Ship was under Water, and great Charge, both in getting it up and since in repairing it, hath been bestowed by him; so that it was of far greater Value at the Time when it was seized than when it was appraised. All which being new Matter, and subsequent to that which grounded your Lordships Order, I humbly conceive that I have not sufficient Warrant to admit this Allegation to have any Influence upon the Security, before it hath been judicially exhibited and allowed of.

"All which I humbly certify to your Lordships; submitting to your Wisdom and Pleasure.

January 24th, 1647.

"Tho. Heath."

Adjourn.

House adjourned till 10^a cras.