House of Lords Journal Volume 6: 29 April 1643

De Sabbati, videlicet, 29 die Aprilis.

PRAYERS.

Earl of Manchester, Speaker.

Latch and Vernatti.

Ordered, That the Cause between Mr. Latch and Sir Phillibert Vernatti shall be heard at this Bar, by Counsel on both Sides, on Tuesday next come Sevennight.

Dr. Childersley, concerning the Sequestration of the Profits of Shenfeild.

Upon reading the Petition of John Childersley, Doctor of Divinity, and Rector of the Parish of Shenfeild, in the County of Essex; shewing, "That he willingly consents and submits himself to the Order of Sequestration of the Profits of the said Rectory of Shenfeild; humbly desiring that the Arrears of Rents and Tithes due to him at Our Lady-day last may be allowed him; and that his Provisions which he hath in his House and Barn, as Wood, Hay, may be allowed him, and he permitted to dispose of them as he shall think fit:"

Which this House granting, the Lords read the Sequestration and passed the same.

(Here enter the Sequestration.)

Mr. Nicholson, Ditto, concerning Stapleford Tawney.

Next, Mr. Nicholson, Parson of Stapleford Tawney, in the County of Essex, was called in; and the Lords heard the Charge brought against him from the House of Commons.

The Charge was read.

The Speaker demanded his Answer, what he could say in (fn. 1) his own Defence; and he answered, "He was falsely accused."

Then the Witnesses were produced, to prove the Charge against him:

Ric'd Burton.
Edward Bentall.
Thomas Grayes.
James Burton.

And the House taking into Consideration the whole Business, their Lordships do Adjudge him, for these Offences, "To be sequestered from his said Living of Stapleford Tawney; and to be committed to the Prison of Newgate, there to remain until the Pleasure of this House be (fn. 2) further known."

Message from H. C. for a Thanksgiving for the E. of Essex's taking Reading.

A Message was brought from the House of Commons by Sir Rob't Harley Knight; which consisted of divers Particulars:

1. Whereas it hath pleased God to give the Lord General good Success, in the taking of Reading with so little Blood, the House of Commons hath voted to have Public Thanks to be given in all Churches and Chapels, in the Cities of London and Westm. and the Suburbs there, To-morrow, for so great a Mercy God hath vouchsased to us; wherein they desire their Lordships Concurrence.

Agreed to; and (fn. 3) Ordered to be sent to the Lord Mayor of London, and the Justices of the Peace for the City of Westm.

with an Alteration in Sir Wm. Waller's Order;

2. To desire Concurrence in an Alteration in an Order lately made, concerning Sir Wm. Waller, adding these Words ["with Interest"]; which this House agreed to.

and with Orders, &c. for Concurrence.

3. To desire Concurrence in an Order concerning the Trained Bands of London.

4. To desire Concurrence concerning Colonel Cromwell.

5. An Order of Sequestration, concerning Maidston, in Kent.

The Answer returned was:

Answer.

That this House agrees with the House of Commons, for Public Thanks to be given, for the good Success of the Lord General at Readinge; and do likewise agree to the Alteration in the Order concerning Sir Wm. Waller; and concerning the rest of the Particulars, this House will consider of them, and send an Answer by Messengers of their own.

The Order concerning the County of Devon was read, and agreed to. (Here enter it.)

Sir Peter Richault's Goods.

Next, a Certificate of Doctor Zouch, Judge of the Admiralty, was read, concerning Sir Peter Richault's Goods. (Here enter the Certificate.) And this House Ordered, That the Consideration of this Certificate and the Papers be referred to the Committee in London.

Earl of Holland's Servant arrested.

Upon reading the Affidavit (fn. 4) made, "That a Servant of the Earl of Holland is arrested;" (fn. 3) Ordered, That the Persons shall be sent for as Delinquents, to answer their Contempt. (Here enter it.)

Justice Mallet's Petition.

Upon reading the Petition of Mr. Justice Mallet: It is Ordered, That this House grants his Petition; but he is to come to this Bar, and engage his Reputation, that he will not stir out of London or Westm. without Leave of this House. (Here enter the Petition.)

Mr. Downhall, concerning the Sequestration of the Profits of St. Ives.

Next, this House heard the Charge of the House of Commons, brought against Henry Downhall, Parson of St. Ives.

The Charge was read.

And there being Proof that the said Reynolds is with the King's Army, the Proofs were called to prove the Charge; and these Witnesses were produced:

James Bayly.
Henry Sibson, and
Tho. Key.
Wm. Johnson.

(fn. 5) The House, taking into Consideration the whole Business, doth Adjudge and Order, "That the Profits of the Vicarage of St. Ives shall be sequestered into the Hands of fit Persons; and that Mr. Job Tookey shall officiate in his Place there."

(Here enter the Judgement at large.)

Mr. Reynolds, concerning Haughton cum Witton.

Also this House heard the Charge of the House of Commons brought up against John Reynolds, Parson of Haughton cum Witton, in the County of Huntingdon.

The Charge was read. (Here enter it.)

And there being Proof that the said John Reynolds is with the King's Army, the Proofs were called, to prove the Charge; and these Witnesses were produced:

James Bayley.
Wm. Johnson, and
Henry Sibson.
Tho. Key.

The House, taking the whole Business into Consideration, Adjudged and Ordered, "That the Profits of the Parsonage of Haughton cum Witton shall be sequestered into the Hands of fit Persons; and that Mr. Stephen Constable shall be hereby appointed to officiate in the Church of Haughton, and Mr. Richard Pike to officiate in the Church of Witton."

Message from the H. C. that they may proceed against the Judges, touching Ship-money.

A Message was brought from the House of Commons, by Mr. Waller:

That whereas the House of Commons have brought up Impeachments against divers of the Judges, some of High Treason, and some for High Crimes and Misdemeanors; the House of Commons desires to appoint a speedy Day, wherein they may come and demand Judgement against the said Judges, for the Judgement touching Ship-money only.

The Judges to put in their Answers concerning it.

Ordered, That Mr. Justice Berkley shall be tried, for the Matter of Ship-money only, on Thursday come Fortnight; and the rest of the Judges impeached shall put in their Answers within Fourteen Days, concerning Ship-money only.

The Answer returned was:

Answer to the H. C.

That this House hath appointed Thursday come Fortnight, for the Trial of Mr. Justice Berkley, touching the Judgement concerning Ship-money only; and that their Lordships have appointed the rest of the Judges that are impeached to put in their several Answers, concerning Ship-money only, within Fourteen Days.

Mr. Edmonds, a Pass to France.

Ordered, That Henry Edmonds, and his Servant Wm. Boulds, shall have a Pass, to go into France.

Raunes, a Pass.

Ordered, That Mr. Tho. Raunes, the Earl of Clare's Servant, shall have [ (fn. 6) a Pass,] to go into Nottinghamshire, and return to London, quietly and safely.

Earl of Irwyn, a Pass.

Ordered, That the Earl of Erwyn shall have (fn. 6) Pass, to go to Oxford, and return back again to London, with such Servants and Horses as he shall necessarily use.

Mr. Painter, a Pass to France.

Ordered, That Mr. Painter shall have a Pass, to go into France.

Ordinance for assessing the Twentieth Parts of Estates.

Ordered, That the Ordinance for the Twentieth Part of Estates in the several Counties is committed to the Consideration of these Lords following, and to report the same to this House: videlicet,

These Lords to meet presently.

Affidavit of the Earl of Holland's Servant being arrested.

"We, whose Names are here underwritten, make Oath, That John Wyeman and Elizabeth his Wife, being arrested, at the Suit of William Tapp and Mary his Wife, the said John relating he was the Earl of Holland's Servant, William Sympson the Serjeant answered, "Art thou that base Fellow's Servant? For that, thou shalt see how we'll use thee:" And then Michaell Smith Yeoman, and John Gouge Yeoman, answered, "Thou and thy Wife shall fare the worse for that;" and thereupon drawed him and his Wife to Prison; all by the Abetment of Thomas Elsley, as is alledged by them, and who knew the said Party to be the Earl of Holland's Servant.

Omnes tres jur. 29 die Aprilis, 1643.

Jo. Page.

"Chr. Tench.
John Wyeman.
Eliz. Wyeman."

Justice Mallet's Petition, for further Liberty.

The humble Petition of Sir Tho. Malett Knight, One of the Justices of His Majesty's Court of King's Bench, was read; "most humbly and thankfully acknowledging their Lordships Favour of the 17th of March last, in that their Lordships gave Order for his Liberty to go abroad with a Keeper upon his Affairs, and to take the Air for his Health, so as he return every Night to The Tower.

"He, having been their Lordships Prisoner now above Nine Months, further humbly beseecheth their Lordships to enlarge their Favour so far, that he may remain and lodge at his Chamber in Serjeants Inne, in Chancery Lane, with Liberty to go abroad for his Affairs and for his Health, and to the Church, until such Time as it shall please their Lordships to give further Order therein, as to their Lordships in Justice shall seem fit."

Cheeseman's Petition.

Upon reading the Petition of Edmond Cheeseman, committed to Newgate by this House: It is Ordered, That he shall be bailed, and released of his Imprisonment.

Dickenson and Gratwicke.

Upon reading the Petition of Lyming Dickenson Esquire, shewing, "That their Lordships, upon a full Hearing of the Cause between him and Thomas Gratwicke, declaring there was no Cause in Law or Equity to relieve the said Gratwick, did dismiss his Petition, and Ordered, That the Petitioner should receive the Rents of the Manors of Itford and Isham, in the County of Sussex, as formerly; that John Palmer and Thomas Alse, Tenants of the said Manors, were served both with the said Order, and the Petitioner had demanded oftentimes Payment of the Rents from the said Tenants, who not only refuse obstinately to pay the said Rents, contrary to that Order, but greatly slight the said Order; for Want of which Rents, being One Hundred Twenty-seven Pounds, Ten Shillings, the Petitioner is much disabled, he having lately contributed One Hundred Pounds in Money, and Two Horses worth Twenty Pounds, for the Service of the said County, in respect of the said Lands.

"Therefore he humbly prayed their Lordships would be pleased to send for the said Alse and Palmer, to answer their Contempt, and to compel them to pay their said Rents according to the said Order."

Hereupon this House Ordered, That the said Alse and Palmer shall be attached, and brought before this House, to answer their Contempts to the Order of this House.

Doctor Zouche's Certificate:

Certificate concerning Sir Peter Ricault's Goods.

"To the Right Honourable the Lords assembled in Parliament.

"May it please your Honours,

"According to a Reference made unto me, 2 Martii, whereby I was required to consider of a Paper presented to your Honours by the Resident of Portugall, and several Letters thereunto annexed, and to examine whether the Goods intended in that Paper, and mentioned in the Letters, were the proper Goods of any Portugall Strangers, or the Goods of Sir Peter Ricault; and to make a Report thereupn in Writing to your Honours:

"These are to certify, That, for my better Information, I caused the Letters to be translated by a sworn Interpreter, and have taken Examinations upon Oath touching the Receipt of those Letters, and the Disposing of the Goods mentioned in them. By all which Letters it appears, that the several Goods mentioned in them, consigned under distinct Marks, were sent unto Sir Peter Ricault only as a Factor, to be disposed of to the proper Use of the Portugalls, and the Proceed or Monies made of them Ordered to be remitted unto them; for Confirmation whereof, the Bills of Lading in Dutch were shewed unto me.

"And that the very same Goods were sold to Richard Hunt, Wm. Tillesly, Thomas Gore, Mathew Sheppard, and Christopher Gore, is deposed by Walter Artson, Wm. Massy, and John Chaworth.

"All which considered, I conceive it to be without Doubt that the Goods aforesaid did belong unto the Subjects of the King of Portugall, and not to Sir Peter Ricault.

"All which I humbly submit to your Honours further Consideration.

"Ric. Zouche."

Order for sequestering the Estates of Delinquents in Devon.

"Whereas, by a late Declaration and Ordinance of the Lords and Commons assembled in Parliament, for the seizing and sequestering the Estates, both Real and Personal, of several Bishops in the said Ordinance mentioned, Deans, Deans and Chapters, Prebends, Archdeacons, Papists, and others, notorious Delinquents, therein particularly declared and expressed, to the Use and for the Maintenance of the Army raised by the Parliament, and other Uses as shall be directed by both Houses of Parliament, for the Benefit of the Commonwealth; and forasmuch as Sir Ralph Hopton, with divers of the County of Cornwale, and others his Adherents, Rebels and Traitors, by the Invitation and Encouragement of an ill-affected and malignant Party in the County of Devon, and County and City of ^* Exon, have already, in an hostile Manner, actually entered the said County of Devon, and did besiege, rob, plunder, murder, and kill, divers of His Majesty's best Subjects, and them have utterly wasted and destroyed; and the said Rebels and Traitors, having lately withdrawn themselves into Cornwall aforesaid, now in Pursuance of this wicked and unnatural Rebellion are in Preparation, and do already threaten the good People of the said County of Devon, and County and City of (fn. 7) Exon, again to invade and annoy, with a stronger Strength than before: The Lords and Commons, considering the Tyranny, Pressures, and Calamities, which lay upon the good People of the said County of Devon, and County and City of Exon, and the Dangers now threatening them, do hereby Order, Declare, and Ordain, That all and every Sum and Sums of Money, Rents, Revenues, Tithes, Pensions, Estates, Goods, Chattels, Debts, and other Profits whatsoever, which, by virtue of the said Declaration and Ordinance, shall be raised within the said County of Devon, and County and City of Exon, and seized and sequestered into the Hands of the Sequestrators and Committees by the said Ordinance nominated and appointed for the said Counties and City, shall be paid unto Charles Vaughan Esquire, Treasurer thereby appointed for the County of Devon, and Christopher Clerke now Mayor of Exon, hereby appointed Treasurer for the said City and County of the City, who are to return the said Sums so refpectively raised and levied as aforesaid upon the said Ordinance; and that the said Monies so raised in the said Counties and City shall be issued out, by the respective Treasurers hereby appointed, by Warrant to them made by the said respective Committees appointed by the said Ordinance of and for the said Counties and City, or any Three or more of them respec tively, under their Hands and Seals, and not otherwise; and that the Warrant and Warrants of the Persons aforesaid, or any Three or more of them, in Manner as aforesaid, for the issuing out of Monies, together with the Acquittance or Acquittances from the Person or Persons which shall be appointed by the Persons aforesaid, or any Three or more of them respectively, for Receipt of any Sum or Sums of Money according to this Ordinance, shall be a sufficient Discharge to the respective Treasurers hereby named, for so much as shall be comprehended in such Acquittance or Acquittances: And further it is Ordered and Declared, That the Receivers appointed by the said Ordinance, who are hereby required to pay, or cause to be paid, the said Monies by them received to the Treasurers of The Guildhall, London, for so much of the said Monies as they shall pay to the Treasurers hereby nominated and appointed, for the County of Devon, and City and County of Exon, as aforesaid, having their and every of their respective Acquittances, shall be discharged; any Ordinance, Act, Thing, or Things, heretofore made, to the contrary notwithstanding.

"And it is lastly Ordered, That Sir John Bamfeild Baronet, Anthony Nicholl Esquire, be added as Committees for the Execution of the Ordinance aforesaid, in the County of Devon; and Adam Bennett and Richard Crossing, of Exon, be added as Committees for the said Ordinance for the said County and City of Exon."