House of Lords Journal Volume 6: 12 May 1643

DIE Veneris, videlicet, 12 die Maii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Huntscott, concerning seizing Ashton's Press, for printing scandalous Pamphlets.

Upon the Petition of Joseph Hunscott; shewing, "That he, according to the Order of this House, hath assisted the Gentleman Usher's Deputy to seize the Press of Wm. Ashton, for printing of scandalous Pamphlets; and, upon this, the said Ashton hath brought an Action against the said Joseph Hunscott, and Nic. Bourne, and others, and hath warned them for a Trial Tomorrow, though the said Ashton hath been told of the Order of this House:" Hereupon this House Ordered, That the said Wm. Ashton shall appear before this House To-morrow Morning, to answer his Contempt to the Order of this House; and that Mr. Justice Bacon, before whom the Trial is to be, shall take Notice of this Business, and stay the Trial until the Pleasure of this House be further known.

Hooper and Ihannes.

Upon the Report of Mr. Justice Bacon, of the Cause (fn. 1) between Mr. Hooper and Mr. Ihanns, "That, considering his Proofs formerly taken in his Behalf are dead, and so cannot proceed at the Trial of the Common Law:" It is Ordered, That this House will hear the Counsel of Mr. Hooper and Mr. Ihanns, at this Bar, on Wednesday next, at which Time they are both to attend this House; and the Judges in the King's Bench desired in the mean Time not to proceed further in this Business, without further Directions of this House.

Corbett's Petition, that the Archbishop of Cant. refuses to collate him to the Living of Chartham.

Ordinance to be prepared, to divest him of his Jurisdiction, and invest the Parliament with it.

Upon the Petition of Edward Corbett, Fellow of Merton College, of Oxford, concerning the Archbishop of Cant's refusing to institute and collate him to the Parsonage of Chartham, in the County of Kent: Hereupon this House Ordered, That an Ordinance of Parliament be passed by both Houses, for sequestering of all his Jurisdiction, and bestowing of Livings, and to place it in the Power and Disposing of Parliament; and that the King's Counsel shall draw up an Ordinance to this Purpose, and present it to this House on Monday next; and, when the said Ordinance is sent to the House of Commons, then this House is to desire them to think of proceeding against the Archbishop of Cant, upon his Charge of High Treason.

State of the Army.

The Lord General represented to this House the State and Condition of the Army, and the great Want of Provision of Money, which is the Reason why the Army cannot march, and take the Advantages which occur to them; and likewise he made a short Narrative of the Taking of Readinge.

Conference to be had with the H. C. about supplying it.

Upon this, it was Ordered, To have a Conference with the House of Commons, to desire them to quicken them to take into Consideration a certain Way of supplying the Army with Monies, that the Army may not be at the Streights it hath been at, and lose Opportunities when they are offered, and may discourage the Lord General's Forces, and encourage the other Side: And the Speaker is appointed to make the Sum of the Narrative to the House of Commons, which the Lord General delivered."

Lord General's Orders neglected.

The Lord General further signified, "That he gave Command to the Lord Gray, Colonel Cromwell, and other Forces in the North, to draw themselves into a Body, which hath not been done according to his Direction; by which Neglect, the Convoy with Waggons of Ammunition are come to the King, without any Interruption.

Hereupon this House thought it fit to recommend the Examination to the Lord General, why his Commands in this Particular was not obeyed, and (fn. 2) where the Fault was; and where he finds the Disobedience and Neglect, to re-call his Commission.

Message to the H. C. for this Conference.

A Message was sent to the House of Commons, by Sir Edw. Leech and Doctor Bennett:

To desire a Conference, touching some Businesses reported to this House from the Lord General.

Message from thence, with a Letter to Scotland;

A Message was brought from the House of Commons, by Sir John Evelyn:

1. To desire their Lordships Concurrence in a Letter to be sent to the Kingdom of Scotland, which they desire may be subscribed by the Speakers of both Houses.

and an Order for Concurrence.

2. An Order for bringing of Masts for His Majesty's Ships from Kinsale.

Letter to Scotland to be further considered.

The said Letter was read; and this House Resolved, To have a Conference with the House of Commons, to acquaint them, That, for the latter-Part of the Letter, their Lordships are satisfied of the Matter of Fact; but, concerning the First Part, that divers Lords of Scotland have levied War against the Parliament, to desire that the House of Commons would acquaint them with those Grounds which induced them to make that Expression; and that a Committee of (fn. 3) Six Lords, with a proportionable Number of the House of Commons, may meet, to consider of the First Part of this Petition:

Committee for a Conference about it.

Order for bringing Masts from Kinsale.

Then (fn. 4) the Order (fn. 5) for bringing of Masts from Kinsale was read; and, because this House was informed, "That there is but small Store of Masts in Kinsale, that will not be worth fetching away, and they may be useful to remain there for the Use of the Ships," this House thought it fit to acquaint the House of Commons with this Scruple at the next Conference.

The Answer returned was:

Answer to the H. C.

That this House will send an Answer, by Messengers of their own.

Message to them, for a Conference about the Letter and Order.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page

To desire a Conference, concerning the Letter to be sent to the Kingdom of Scotland, and the Order for sending of Masts from Kinsale.

Lord General to receive the Thanks of both Houses.

The Speaker of this House was commanded, in the Name of this House, "To give the Lord General Thanks, for the Expressions of his great Care and Readiness to do the Parliament all faithful Service in this Employment;" and which accordingly the Speaker did.

The Speaker was appointed to desire, at the Conference, "That the Lord General may have the like Thanks from the House of Commons."

Mrs. Brograve's Petition, concerning the Administration of Leventhorpe's Effects.

Upon reading the Petition of Dorothy Brograve, Widow, complaining, "That Doctor Merrick, Judge of the Prerogative Court, hath granted Administration of the Goods and Chattels of Thomas Leventhorpe, Brother to the Petitioner, to the Lady Dorothy Leventhorpe, contrary to Law:" Hereupon this House (fn. 6) will hear Counsel on both Sides this Day Sevennight at this Bar.

The Messengers sent to the House of Commons return with this Answer:

Answer from the H. C.

That they will give a present Meeting, as is desired, in the Painted Chamber.

The House was adjourned during Pleasure; and, the Conference being ended, the House was resumed.

E. of Leicester's Servant, a Pass.

Ordered, That a Servant of the Earl of Leycester shall have a Pass to go to Oxford, and return again to London.

Ordered, That Mrs. Roper shall have a Pass, to bring a Box and a Trunk from Oxford.

Mrs. Brograve's Petition about Leventhorpe's Administration.

"The humble Petition of Dorothie Brogave, Widow,

"Humbly sheweth,

"That, by the Statute made 21 H. VIII. Cap. 5. it is expressly Provided and Enacted, That, in Case any Person die intestate, that the Ordinary shall grant an Administration of the Goods of the Person deceased to the Widow, or to the next of Kin, of the Person deceased.

"That, contrary to the said Statute, Will. Merricke, Doctor of Law, Judge of the Prerogative Court, the 4th of July last, 1642, granted Administration of the Goods, &c. of Thomas Leventhorpe, Brother to the Petitioner, who is dead without Executor, from the Petitioner, to the Lady Dorothy Leventhorpe, being of no Kin to the said Thomas, and to Edward Leventhorpe, a Servant to the Archbishop of Cant. and of remote Kin to the said Thomas, many Degrees from him; from which Administration the Petitioner hath appealed, which, by reason of the Distraction of these Times, she cannot prosecute with Effect; and the said Edward Leventhorpe, by Colour of the said unjust Sentence and Administration, endeavoureth to possess himself of a Lease of great Value, which belonged to the said Thomas.

"The Petitioner humbly prayeth their Lordships to take the said Cause into Consideration, of how great Consequence it is that a Minister of Justice, placed in so high a Trust as the disposing of the Estates of the greatest Part of the Nobility, Gentry, and others of this Kingdom, shall presume to do therein against the express Provisions of the best and justest Laws of this Land, enacted in Parliament; and that their Lordships would call the said Doctor Merricke, Lady Dorothy Leventhorpe, and Edward Leventhorpe before their Lordships, to do that for the Petitioner's Relief which their Lordships shall hold just, which she prays may be done with as much convenient Speed as their Lordships great Occasions will permit, the Petitioner being aged and sickly; and, if she die, the said Appeal and her Interest are likely to fall together, &c."

Adjourn.

House adjourned till 10 ^a cras.