House of Lords Journal Volume 6: 24 April 1643

DIE Lunæ, videlicet, 24 die Aprilis.

PRAYERS.

Earl of Manchester was appointed by the House to be Speaker this Day.

Sir James Galloway, a Pass.

Ordered, That Sir James Galloway shall have have a Pass, to go to Oxford, and from thence into (fn. 1) Cambridgeshire, and from thence into Scotland.

Countess of Leicester's Servant, a Pass.

Ordered, That a Servant of the Countess of Leycester shall have a Pass, to go to Oxford, and back again.

Dr. Collidon, a Pass for Physic.

Ordered, That Doctor Collidon shall have a Pass, to (fn. 2) send some Physic to Oxon.

Sir Charles Sherley, a Pass.

Ordered, That Sir Charles Sherley shall have a Pass, to go to his House, into North'tonshire.

Mr. Bagly, a Pass.

Ordered, That Mr. Bagly shall have a Pass, to go into Scotland.

Caries, a Pass.

Ordered, That Walter Cary and Edw. Cary, Gentlemen, shall have a Pass, to go into Holland.

Lady Knevett, a Pass.

Ordered, That the Lady Knevett shall have a Pass, to go to Windsor, to see her Husband.

Bill for a Subscription to reduce the Irish Rebels, to be sent to the King.

Ordered, That the Bill for the speedy Payment of Money for Ireland shall be sent to the King; and the Clerk of the Crown shall prepare a Commission to send to the King, for his Hand.

Letter from the Queen of Bohemia.

A Letter from the Queen of Bohemia was read, sent to the Speaker of this House, expressing her Sorrow for the present Distractions of this Kingdom.

To be communicated to the H. C.

Ordered, To communicate this Letter to the House of Commons, at the next Conference.

E. of Lindsey's Servant, a Pass.

Ordered, That a Servant of the Earl of Lynsey's shall have a Pass, to go into Lyncolneshire, and back again to London.

Capt. Heron, a Pass to Oxford.

Ordered, That Captain Heron, that brought the King's last Message, shall have a Pass, to return to Oxford with the same Persons that came with him to London.

Gillingham Forest, to be protected.

Ordered, That an Order shall be granted, for the preventing of all Tumults and Disorders, and pulling down of Ditches and Hedges, in the Forest of Gillingham, in the County of Dorsett; the Deputy Lieutenants, Justices of the Peace, Sheriff, and all other His Majesty's Officers, shall take Care to prevent and suppress all Tumults and Disorders, and seize upon all such Persons as commit any Misdemeanor therein.

Mr. Battier, a Pass.

Ordered, That James Battier, Secretary to the Lord Lieutenant of Ireland, shall have a Pass, to go into Glamorganshire, and return again, safely.

Petition of the Archbp. of Canterbury, that he may present to the Rectory of Chartham.

Upon reading the Petition of the Archbishop of Cant. "desiring, he being engaged both in Duty and Promise to His Majesty, for the presenting a Minister to the Rectory of Chartam, in the County of Kent, that his Duty to His Majesty may be an acceptable Answer to their Lordships, and that he may be no more pressed in this Particular."

Conference to be had with the H. C. about his Trial.

Ordered, To have a Conference with the House of Commons To-morrow, about expediting the Trial of the said Archbishop of Cant. and to consider how the Jurisdiction and Disposing of Livings may be sequestered out of his Power and Disposing.

Baynes, Lord Morley's Servant, left to the common Law.

The Certificate of the Judges concerning Baynes, the Lord Morley's Servant, was read. (Here enter it.)

Upon this, this House Ordered, That an Order shall be sent to the Keeper of The Compter, where now he is, to look well to him, and to be left to the Proceedings at the Common Law.

Witnesses concerning several Orders for Sequestration to be examined.

Ordered, That this House will hear the Proofs concerning the Sequestrations of the Livings of Watton, (fn. 3) Shenfield, Aldenham, Stapleford, Styestead, Fifeild, Stanes, and Witham, on Friday next, in the Morning; at which Time the Parsons (fn. 4) whom it concerns are to attend.

Message to the H. C. about them.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let them know, that their Lordships will take into Consideration the Orders of Sequestration brought up from them, for Watton, Shenfield, Aldenham, Stapleford, (fn. 5) Styestead, Fyfeild, Stanes, and Wytham, on Friday next; at which Time their Lordships desire that the Proofs and Witnesses (fn. 6) may attend this House, to make good the Things alledged in the Prefaces, that so their Lordships may the better proceed therein.

Peck, & al. committed for printing scandalous Pamphlets, to be released on finding Sureties.

Upon reading the humble Petition of Sam. Peeke, Francis Coles, and Francis Leach, committed formerly to the Prison of The Fleete, for printing and making of scandalous and false Pamphlets, declaring their hearty Sorrow for their Offences, promising never again to commit the like: This House Ordered, That, if they shall find good Security not to print any Thing concerning the Parliament without special Order of Parliament, that then they shall be released from their present Restraint.

An Order (fn. 7) of Sequestration of the Church of Heyling, in the County of Lyncolne, was read, and Agreed to. (Here enter it.)

Certificate of the Judges, concerning Baynes, Lord M.rley's Servant.

"According to an Order made by your Lordships the 13th of this Instant April, we have, in the Presence of the Counsel on either Part, examined the Causes of the Restraint of John Baynes, and do find, by Certificate from the Prison of The Counter belonging to the Sheriffs of London hereto annexed, that he is in Custody of the said Sheriff for Eighteen Matters in the said Certificate mentioned, Sixteen of them being upon Plaints against him before the said Sheriffs in Actions of Debt, and upon the Case (fn. 8) of Trespass for the Debts and Damages, amounting in the whole to above Thirteen Hundred Pounds; the Seventeenth of the said Actions being brought by an Informer, as well for the King as for himself, for Two Hundred Pounds Debt, demanded upon One of the Statutes made against Recusants, as we are informed; and the Eighteenth Matter being a Capias Utlagatum awarded against him out of the Court of King's Bench, at the King's Suit, upon Conviction there for Recusancy, by Outlawry, before the Time wherein the said Baynes doth pretend himself to be retained a Servant to the Lord Morley: For the Indictment itself, for his Recusancy in not coming to Church, was found in Easter Term, 16° Caroli Regis, before the Beginning of this Parliament, as appears by a Copy of that Indictment produced by Baynes's Counsel, and hereto annexed; and the Outlawry upon that Indictment was had 4 Februarii, 16° Caroli Regis, being now above Two Years and Two Months past, as appears by a Copy of the Capias Utlagatum hereto annexed; and the Time of the Retainer by my Lord Morley doth not appear to us otherwise than by an Affidavit of one Ambrosse Hopton, produced by Baynes's Counsel, and sworn 15 Aprilis, 1643, whereby it is affirmed that Baynes hath been a Servant to the Lord Morley for Two Years, or thereabouts, before the making of the said Affidavit, as by the said Affidavit hereto likewise annexed appears: All which we humbly refer to your Lordships further Consideration.

20th April, 1643.

"Tho. Trevor.
Edm. Reve.
Fran. Bacon."

Order for restoring the Church of Heyling, to Mr. Lynold.

"Whereas Edmond Lynold, Rector of the Church of Heyling, in the County of Lincolne, was deprived by Sentence of the High Commission Court, expressing no Crime or Reason in particular; and it was therefore, upon Examination had of the said Cause, and Proceedings of the said Court therein, Resolved, upon the Question, by the House of Commons, That the Deprivation of the said Edmond Lynold, by Sentence of the said High Commission Court, was illegal and void; and that the said Edmond Lynold, so deprived, ought to be restored to his said Living and Church, unto which, upon the said Sentence, Lawrence Carlisle, Clerk, having another Benefice with Cure, was presented and inducted, and hath ever since taken the Profits thereof; and yet hath, for the most Part, absented himself from the said Cure, and neglected the same: All which the Lords and Commons in Parliament assembled taking into Consideration, for the better Supply of an able and Godly Minister in the said Church, and for the Provision of fit Maintenance for those that shall officiate therein, do constitute and Ordain, Sir Edward Ascue of Kelsey, Knight, William Watson, and William Allenby, Parishioners of Heyling aforesaid, John Bernard of Caster, Francis Dale, Andrewe Dale, and Thomas Lynold of Sibsey, in the County of Lyncolne, Gentlemen, or any Three of them, shall have Power and Authority, and are hereby required, to sequester the Parsonage-house, and all the Glebe Lands, Tithes, Rents, and Profits whatsoever, of the said Church, and to appoint Collectors for the gathering and receiving of them, as they in their Discretion shall think fit; and shall have Power, and are hereby required, to deliver and pay the same unto the said Edmond Lynold, who is hereby appointed and required to preach every Lords-day, and to officiate as Parson, and to take Care for the Discharge of the Cure of the said Place in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; and, if any shall refuse to deliver unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, the said Parsonagehouse and Glebe Lands, or to pay unto them any of the Tithes, Rents, Profits, Duties, or lawful Fees accustomed to be paid, upon Information thereof by the said Sequestrators, or any Three of them, to either House of Parliament, the said Lords and Commons do Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Adjourn.

House adjourned till 10^a cras.