House of Lords Journal Volume 6: 10 May 1644

DIE Veneris, 10 die Maii.

PRAYERS, by Mr. Jackson.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page, sent Yesterday to the House of Commons, return with this Answer:

That they have delivered the Two Letters of the Earl of Holland to the House of Commons; and they will send an Answer by Messengers of their own.

The Earl of Northumb. reported from the Committee of both Kingdoms Two Papers, which were read.

Report from the Committee of both Kingdoms, that the Armies of the Lord General and Sir Wm. Waller are ready to march.

"It is the Opinion of this Committee, That the most material Things in the last Resolutions of the House, for the enabling the Forces under the Command of his Excellency and of Sir Wm. Waller. to march, being performed, they find those Forces in Readiness to march for the Prosecution of the Design intended: And that his Excellency and Sir Wm. Waller are resolved that the Forces shall march accordingly.

"This is to be reported to both Houses, by the Earl of Northumb. and Mr. Solicitor, respective.

"Examinat.

"G. R. Weckerlin, Secr. to the same Committee."

"Die Jovis, 9 Maii, 1644.

"At the Committee of both Kingdoms.

"Ordered,

Report from them, concerning the Declaration of Commissary Beheir.

"That it be reported to both Houses, by the Earl of Northumb. and Mr. Browne respective, That this Committee, according to the Order of the Houses; did take into Consideration the Declaration of General Commissary Behr, and called before them the said General Commissary, and propounded unto him several Questions, to One whereof he denied to give any Answer, in respect it concerned his Friend: That they likewise sent the same Declaration, and the other Declaration concerning it, to the Company of Stationers, that they might enquire by whom and what Authority they were printed, and return a Certificate thereof, and bring the Copies delivered to the Printers for printing the same; and did intend to have proceeded to the Examination of the whole Business, but were interrupted by the Intervention of the great Affairs concerning the marching of the Armies, and regard of the expiring of the Ordinance constituting this Committee; all which they thought fit to offer to the Wisdom of the Houses, that some speedy Course may be taken for the further Examination thereof.

"Examinat.

"Jo. Cheislie, Secr. to the same Committee."

Next, a Paper printed without a Name was read, concerning Commissary Behr.

Message from the H. C. for a Conference, about the Ordinance concerning Gloucester.

A Message was brought from the House of Commons, by Sir Thomas Dacres Knight, and others:

To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Ordinance concerning Glou'ster.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired.

Ordinance to continue the Committee of both Kingdoms.

Next, an Ordinance was presented to this House, intituled, "An Ordinance for the appointing a Committee of both Houses of Parliament, to join with a Committee and Commissioners of Scotland, for the better managing the Affairs of both Nations in the common Cause, according to the Ends expressed in the last Covenant and Treaty between the Two Nations of England and Scotland;" which was received by the House, and read Thrice.

And it being put to the Question, "Whether this Ordinance shall pass?"

It was Resolved in the Affirmative.

Committee to prepare Heads for a Conference about it.

Ordered, That this Ordinance be communicated to the House of Commons, at a Conference.

And these Lords following were appointed to consider and draw up what is fit to be said at the Conference:

Pettus and Bancroft.

Then the Judges Certificate of the Cause between Katherine Pettus and Bancroft was read; and this House confirmed the same. (Here enter it.)

Heads for a Conference, about continuing the Committee of both Kingdoms.

The Earl of Lyncolne reported some Reasons from the Committee, which are to be delivered at the next Conference with the House of Commons; which were read, and Ordered to be offered to the House of Commons at the next Conference. (Here enter them.)

Message to the H. C. for this Conference.

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

To desire, at the next Conference, the Lords may communicate to them an Ordinance concerning a Committee of both the Kingdoms.

Col. Carr recommended by Sir William Waller to be Governor of Plymouth.

The Earl of Pembrooke reported, "That Yesterday the Committee for the West met; and Sir Wm. Waller did recommend to them one Colonel Carr as an able and trusty Man, to be Governor of Plymouth; and the Committee thought fit it should be reported to both Houses; and that this Morning it will be reported to the House of Commons."

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Justice Berkley discharged from his Imprisonment.

Ordered, That a Warrant shall be delivered to the Lieutenant of The Tower, to discharge Mr. Justice Berkley of his Imprisonment.

Ordinance concerning Gloucester.

The Speaker reported the Effect of the last Conference, concerning the Alterations in the Ordinance touching Glouecester.

The Alterations were read; and this House agreed to the said Ordinance with the Alterations as are brought up from the House of Commons, with the adding of the County of Radnor to the Association.

Message to the H. C. that the Lords agree to it; and with the Earl of Stamford's Petition.

A Message was sent to the House of Commons, by Dr. Aylett, &c.

To let them know, that this House agrees to the Ordinance concerning Gloucester, according to their Desires at the last Conference, with the Addition of the County of Radnor to the Association; and also to deliver to them the Petition of the Earl of Stamford, with Recommendations.

Answer from the H. C.

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

That they will give a present Conference, as is desired.

Propositions for a Peace.

Ordered, That the Propositions for Peace shall be taken into Consideration To-morrow Morning.

The Lords went to the Conference; and the House was adjourned till 9^a To-morrow Morning.

Pettus versus Bancroft and Aylett.

"To the Right Honourable the Lords assembled in Parliament.

Judges Certificate.

"May it please your Lordships,

"In Pursuance of your Lordships Order of the 10th of January last past, in the Cause wherein Katherin Pettus Widow is Complainant against Margarett Banckcroft Widow, Executrix of Thomas Bancroft deceased, Jeremy Aylett, and others, Defendants; we have several Times heard the said Parties by their Counsel, and endeavoured to mediate an Agreement and End between them, but cannot effect the same; and therefore, in Pursuance of the said Order, do humbly certify, That, upon hearing all Parties, we conceiving Mr. Bancroft's Estate since his Death to be much obscured and wasted, and finding that the said Margarett Bancroft hath for divers Years last past concealed herself, whereby she could not be served with Process, did, for an End of the Suits, conceive it reasonable, and did propound to them, that the said Margarett Bancroft should pay to the said Katherin Pettus Twenty-two Pounds Thirteen Shillings within One Week, and Four Hundred Pounds more within Two Months after; and that she and the said Defendant Aylett should forthwith release and free the said Katherin Pettus from the Monies received by or to her Use, by virtue of the Sequestration granted in Chancery, being One Hundred and Eighty Pounds (as the said Aylett affirmed); and that the said Margarett Bancroft should procure to be assigned over unto the said Katherin Pettus, discharged of all Incumbrances, the Lease estated in Mr. Keeling of Crosby Gill Parke in Westmorland, being affirmed to be worth Seven Hundred Pounds to be sold, and so many good Debts, which, together with the true Value of the said Lease, shall make up the Value of One Thousand Two Hundred Pounds, besides the said other Monies; and that Mrs. Bancroft should forthwith put in good Security to pay One Thousand Two Hundred Pounds, in Lieu of the said Lease and Debts to be assigned, or so much as they shall fall short thereof, in case the quiet Possession of the said Lease cannot be had, and the said Debts received, within One Year and a Half, at the Charge of the said Margarett Bancroft; all which amounts to the Sum or Value of One Thousand Six Hundred Twenty-two Pounds and Thirteen Shillings, besides the said One Hundred and Eighty Pounds already received; but neither of the said Parties would accept of our said Propositions: But the said Katherin Pettus did offer, that if she were freed and discharged of the said One Hundred and Eighty Pounds, that then she would accept of the Twentytwo Pounds Thirteen Shillings, and Four Hundred Pounds, as we propounded, having good Security given, to such as she should appoint, for Payment of One Thousand and Two Hundred Pounds more at Three Six Months, with Interest from this Time, all which amounts to the Sum of Sixteen Hundred Twenty-two Pounds and Thirteen Shillings, besides the said Interest, and the said One Hundred and Eighty Pounds already received, which those who appeared before us on the Behalf of the said Margarett Bancroft refused to perform, pretending she was not able to do it; but she did offer by Writing under her Hand, and by her Friends, for a final End, to give Security to pay to the said Katherin Pettus, within One Month, One Hundred Pounds, and within One Month after that One Hundred Pounds more, and to free her from the said One Hundred and Eighty Pounds, and to procure to be assigned over to her the said Lease of Crosby Gill Parke, and a Debt of Three Hundred and Thirty Pounds due to her by the Lord Maltravers by Bond, and a Debt of Forty Pounds due to her by Mr. Richard Procter by Bond, a Debt of Sixty-five Pounds due to her by Robert Godfrey Gentleman by Bond, and a Debt of One Hundred Pounds due to her by Robert Nutting Gentleman by Bond, and give the said Katherin Pettus Security to pay her Twenty Pounds per Annum for Five Years; all which amount to the Sum or Value of One Thousand Five Hundred Thirty and Three Pounds, besides the Allowance of the said One Hundred and Eighty Pounds already received; and the said Jeremy Aylett did offer to release to the said Katherin Pettus the said One Hundred and Eighty Pounds, so that the said Margarett Bancroft's Offer be accepted for a final End, which the said Katherin Pettus refused to accept of.

"All which we humbly submit to your Honours grave Judgements.

"Decimo die Aprilis, 1644.

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

"Reasons whereby the Lords are induced to hold it necessary that more Lords and Commons should be added to the Committee of the Two Kingdoms.

Lords Reasons why more Members ought to be added to the Committee of both Kingdoms.

"1. They consider the Vastness of that Work which is the Subject-matter of this Committee; namely, that their Counsels and Endeavours must have a very great Influence both upon the Being and Well-being of Three Kingdoms.

"2. That it is more than probable there will be Occasion ere long to send some of this Committee into Scotland, to reside there.

"3. That, since the War of Ireland is also referred to the managing of this Committee together with the Scotts, it will be necessary to appoint some of their own Members to go into that Kingdom, who, being upon the Place, may advance the Prosecution of the War, and make a true Representation of the State of Affairs there to this Committee, from Time to Time.

"4. This Committee is to hold Correspondency with Foreign States, by the express Words of the Ordinance; and both Houses, in the Fifth Article of their Additional Instructions, of the 2d of November, 1643, have commanded their Committee then in Scotland to press, that the Commissioners that come from that Kingdom might have Power to send some of themselves, or any others by joint Consent of this Kingdom, to any Part beyond the Seas, for procuring of Monies, or Engagement of other States in this common Cause; and therefore it is very probable that it will be thought expedient to send some of this Committee, to negociate and correspond with Foreign States, to the Ends before expressed.

"5. This Committee was made for the better managing of the War, and therefore are armed with a Power to order and direct the same; which undoubtedly cannot be done with Advantage to the Cause, unless Part of this Committee go along with the Army, a Thing which the Lord General hath often pressed; and the Lords have agreed that Two of their House shall be appointed for that Service; they have communicated this to the House of Commons at a Conference, desiring them to appoint a proportionable Number if they thought fit; that, as soon as the Ordinance shall be passed for settling the Committee of the Two Kingdoms, they will nominate Two Lords of that Committee, to reside in the Lord General's Army, which, before that Committee be settled, they cannot do.

"6. The Scotts Commissioners, in their Paper of the 5th of February, do say, that they are commanded by all Means to entertain the mutual Confidence and Correspondency betwixt the Armies; and the Lords do conceive it One principal Means to effect this, that some of this Committee should likewise reside in the rest of the Armies, as well as in that in the immediate Command of the Lord General.

"7. That they have heard that the Committee of Estates in Scotland, who have naturally but One Kingdom to take Care of, are many in Number; this Committee hath Two Kingdoms to take Care of, and therefore should be more in Number.

"8. Lastly, of the Seven Lords nominated in the former Ordinance, Four of them cannot attend the Service, by reason of their particular Charges; and of the Fourteen Commoners, Five or Six are and must be of Necessity called away to their respective Commands and Employments elsewhere: Some others of the Residue of that Committee remaining, by reason of their Age, Sickness, and Infirmities, are not able to give that constant Attendance, as in Matters so numerous and of such high Importance were to be desired."