House of Lords Journal Volume 10: 15 February 1648

DIE Martis, 15 die Februarii.

PRAYERS, by Dr. Gouge.

Domini præsentes:

Comes Manchester, Speaker.

Preston, E. of Peterborough's Servant, to be released.

Upon Complaint made to this House, "That Wm. Preston, a Menial Servant of the Earl of Peterburgh, is arrested, at the Suit of Stuckey, contrary to the Privilege of Parliament:"

It is Ordered, [ (fn. 1) That he] shall be released from his present Restraint; and this to be sufficient Warrant to the Sheriffs of London, and others whom it concerns.

Ordinance for raising 20,000£. a Month for Ireland:

The Earl of Mulgrave reported from the Committee, the Ordinance for raising Twenty Thousand Pounds for Ireland, as fit to pass, with some Alterations and Additions; which were read.

And then the said Ordinance, with the Amendments and Alterations, was read; and this House agreed to the same, with the Amendments.

Message to the H. C. with it.

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

To deliver to them the Ordinance for raising Twenty Thousand Pounds for Ireland, and desire their Concurrence in the said Amendments.

E. of Holland, a Pass to Spa.

Ordered, That the Earl of Holland shall have a Pass, to go to The Spawe, for his Health.

Preston's Ordinance to be Minister of Shobrook.

An Ordinance was presented to this House, for making Mr. Thomas Prescott Minister of the Rectory of Shobrooke, in the County of Devon; and read Twice, and Agreed to; and ordered to be sent to the House of Commons for their Concurrence.

Examination of the Violence offered to the Houses;

Ordered, That the Lord Wharton and the Lord Howard do make Report, on Thursday next, of such material Examinations taken by the Committee (appointed to examine the Business of the Force upon the Parliament), concerning the Prentices that brought the Petition to the Houses, and touching such as were present at the said Tumult, and were most eminent in the Action; and also concerning such Persons as petitioned the Common Council of London.

Sir J. Maynard to put in his Answer.

Ordered, That Sir John Maynard shall have Notice, that this House expects that he shall put in his Answer to this House on Saturday next, according to the former Order of this House; and that the Lieutenant of The Tower do bring him in Person the same Day.

L. Forbes and Col. Kempson to attend.

Ordered, That the Lord Forbes and Colonel Kempson shall attend this House To-morrow Morning; and then this House will take the Lord Forbes' Business into Consideration.

Morgan & al. Lessees of Sir J. Winter, Petition concerning the Iron Works in Dean Forest, granted to Col. Massey.

Upon reading the Petition of Thomas Morgan, of Manghen, in the County of Monmouth, &c. shewing, "That Sir John Winter made a Lease to them of the Iron Mills, &c. in Deane Forrest, before these Wars; out of which they are dispossessed by Ordinance of Parliament, granting them to Colonel Edward Massey:"

It is Ordered, That Colonel Massey's Brother, or any other that is intrusted by him, shall give Answer to this Petition within Ten Days after Notice.

E. of Shrewsbury & al. Coheirs of Lady Arundel of Warder, versus L. Baltimore.

Upon Petition of the Earl of Shrewsbury: (Here enter it.)

It is Ordered, That the Lord Baltimore shall have a Copy of this Petition, and return his Answer to this House within Ten Days after Notice; and then this House will take the same into Consideration.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of John Earl of Shrewsbery; and Frances his Wife, in the Behalf of themselves and others the Coheirs and Persons entitled by and under the Coheirs of Anne Lady Arundell of Warder, deceased;

Sheweth,

"That Thomas the First Lord Arundell of Warder, by good Assurance in Law, long before his Death, did settle the Honour and Hundred of Christ Church and Westower, in the County of South'ton, to the Use of himself for Life; with Remainder to Anne Lady Arundell and her Heirs.

"That the said Anne Lady Arundell died in June, 13° Car. leaving Issue Six Daughters; (videlicet) Katherin Evre Widow, the Lady Mary Som'sett, the Lady Baltemore, your Petitioner Frances, Margarett the Wife of Sir John Fortescue, and Clare the Wife of Humfrey Weld Esquire.

"That the said Lady Fortescue died in December, 13° Caroli; leaving Issue Frances her Daughter and Heir, then an Infant, and still under Age.

"That the said Thomas Lord Arundell died in November, 15° Car.

"That, by several Offices, in 17° and 18° Caroli, the Title and Estate of the Coheirs were found; and thereupon the King became entitled to the Wardship of the said Frances Fortescue the Infant, and to Livery and Primer Seisin of the Residue.

"That the Lord Baltemore, not contented to have his Part in Right of his Wife as Coheir, set on-foot a Deed, made upon voluntary Consideration by the said Thomas Lord Arundell in his Sickness, a little before his Death, when his Memory failed him, and tendered to him to seal amongst many other Things; which Deed was got secretly and by Surprize, and is void in Law.

"That thereupon an Information was exhibited, in the Behalf of the Coheirs, in the Court of Wards, against the said Lord Baltemore; and he exhibited a Cross Bill against the Coheirs; to which there were respective Answers put in, Issues joined, Witnesses on both Sides examined, Publication passed, and the Cause ready for Hearing, when, by Ordinance of Parliament, the said Court was dissolved.

It is therefore humbly prayed, That your Honours will be pleased (seeing the Court of Wards is determined) to hear and adjudge the Cause upon the Proofs there taken; otherwise your Petitioners will be put to great Expences and Delay of Time; the Lord Baltemore in the mean Time keeping the Possession, and raising great Profits to himself, by Wood Sales, Fines, Rents, and otherwise; and also it will be very prejudicial to examine Witnesses de novo, some being dead, and after Publication very dangerous. All which is submitted to your Honours Wisdom and Justice.

"And your Petitioners shall, &c."

Watkinson to be instituted to Kirk Ireton.

Ordered, That Dr. Aylett give Institution and Induction unto Peter Watkinson Clerk, Master of Arts, to the Rectory of Kirke Ireton, in the County of Derby, void by the Death of the last Incumbent; Salvo Jure, &c.: Granted by the Great Seal.

Clewney to Stow by the Sea;

Ordered, That Dr. Heath give Institution and Induction unto Nicholas Clewney Clerk, Master of Arts, to the Rectory of Stow by the Sea, in the County of Essex, void by the Cession of the last Incumbent; Salvo Jure cujuscunque: Granted by the Great Seal.

Collins to Norton under Hamden;

Ordered, That Dr. Aylett give Institution and Induction unto Benjamin Collins Master of Arts, unto the Rectory of Norton under Hamden, in the County of Som'sett, void by the Death of the last Incumbent; Salvo Jure cujuscunque: Presentation under the Hand and Seal of the Lady Anne Beauchampe, the undoubted Patroness.

and Levett to Plumtree.

Ordered, That Dr. Heath give Institution and Induction unto Jeremiah Levett Clerk, unto the Rectory of Plumtree, void by the Death of the last Incumbent; Salvo Jure cujuscunque: Presentation under the Hand and Seal of Joseph Mickelthwaite Esquire, the undoubted Patron.

E. of Holland a Pass to Spa.

It is this Day Ordered, by the Lords in Parliament assembled, That the Right Honourable the Earl of Holland, with his Retinue, be permitted to pass to any Port of this Kingdom, to transport himself, with his Lordship's Servants, to The Spawe, taking with them Trunks and other Necessaries for the Journey (lawfully exportable), without the Lett, Stay, Hinderance, or Interruption, of any Person or Persons whatsoever: And this to be a sufficient Warrant in that Behalf.

To all in Command under the Parliament, &c.

Adjourn.

House adjourned till 10^a cras.