House of Lords Journal Volume 6: 18 May 1644

DIE Sabbati, 18 die Maii.

PRAYERS, by Mr. Reynolds.

Domini præsentes fuerunt:

Comes Stamford, Speaker this Day.

Answer from the H. C.

Sir Rob't Rich and Mr. Page, sent with a Message Yesterday to the House of Commons, return with this Answer:

That they will send an Answer, by Messengers of their own, to all the Particulars of the Message.

Lord Willoughby and Colonel King.

Ordered, The Business of the Lord Willoughby, against Colonel Kinge, shall be heard on Tuesday come Sevennight, at this Bar.

The Speaker acquainted this House, "That the Lord General (fn. 1) has sent a Letter, directed thus:

"For the Right Honourable the Speaker of the House of Peers; and the Speaker of the House of Commons."

Which was read, as followeth:

Earl of Essex's Letter, with others from Oxford about the Peace.

"Right Honourable.

"Having received Letters, by a Trumpet from Reading, which do chiefly concern the Prince, and desire a speedy Answer, I thought fit first to acquaint both the Houses of Parliament therewith, that I may receive their Direction.

Henley, May 17, 1644.

"Your humble Servant,
Essex."

Marquis of Hertford's Letter, for a Pass, for the Prince to go to Cornwall, to sue out his Livery.

"My Lord,

"His Majesty being pleased that the Prince shall now sue forth his Liberty for the Dutchy of Cornwall, and having appointed him for some Time to reside there, I am commanded by His Highness to desire a Pass from your Lordship, for such Furniture and other Utensils for his House as shall be necessary; the which if your Lordship will grant, an Officer of the Wardrobe shall attend your Lordship with the Particulars. And I am likewise to desire you, that this other Letter may be delivered to Sir David Cuningham; and that he may have Leave to send hither the Particulars mentioned therein; This being all I have in Command, I rest

Oxford, the 15th of May, 1644.

"Your Lordship's most affectionate
Brother, and humble Servant,
Hertford."

Directed, "To the Right Honourable the Earl of Essex."

Earl of Berk's Letter for Precedents, concerning the Prince's sueing out his Livery for the Dutchy of Cornwall.

"For Sir David Cuningham.

"Sir David Cuningham,

"His Majesty being pleased that the Prince shall now sue forth his Liberty for the Dutchy of Cornwall, towards the which it is convenient that former Precedents to that Purpose be viewed; I am commanded by his Highness to write to you, that you send down Mr. Major, or some other trusty Messenger, with the Transcript of the last Livery granted of the Dutchy of Cornwall, to His Majesty when He was Prince, and the Charter of Liberties, if any were then granted, with the Copy of the Commission for his Highness's Revenue; which you are to do with all possible Speed. I rest

Oxford, the 15th of May, 1644.

"Your loving Friend,
Barkshire."

Another Letter directed thus:

"For the Earl of Essex.

Earl of Forth's Letter, inclosing the others, and about the Treatment of some Prisoners in The Tower.

"My Lord,

"I have received his Highness's Commands to send unto your Lordship, by this Trumpeter, these other Two Letters, concerning the Prince his Highness's Affairs; and do entreat your Lordship's speedy Answer to that which is from the Marquis of Hertford; and that your Lordship would suffer the other from the Earl of Berkshire to be delivered to Sir David Cuningham. I am further to acquaint your Lordship, that I have seen a Petition that was sent to His Majesty from some Prisoners of War in The Tower of London, namely, Sir Edward Bishopp, Sir Nicholas Byron, Sir John Goodricke, Sir Ric'd Willis, and others, if I be not mistaken, who do complain (and it seems not without a Cause) of some hard Usage; and particularly that, upon their First Entrance in The Tower, a Fee of Fifty Pounds was exacted of each of them to the Lieutenant, and divers other Fees unto inferior Officers, and Thirty Shillings a Week to the Lieutenant for Liberty to procure Food at their own Cost, which Charge is unsupportable, in regard divers of their Estates are sequestered, and others have no Fortune at all to furnish so vast an Expence; besides all this, they are debarred of mutual Conversation, which might in some Measure allay their present Sufferings. These Particulars I desire your Lordship to take into your Consideration, for the speedy Redress thereof, lest otherwise it may be an Occasion to make those that are Prisoners here to taste of like Usage; but I hope your Lordship will be more tender of them. I am

The 16 May, 1644.

"Your Lordship's humble Servant,
Forth."

Lords do not consent to the Prince going to Cornwall.

Prisoners in The Tower to be considered.

Hereupon this House (fn. 2) took these Letters into Consideration; and their Lordships were of Opinion, That if the Prince should go into the Western Parts, as is informed, under this Pretence to settle in Cornwall, it might be of very ill Consequence to the Public, for thereby the Prince might draw away the Affections of the People from the Service of the Commonwealth; and therefore could not give their Consents to the Desires in the Letters. And concerning the Letter touching the Prisoners, this House thought it fit to commend it to the House of Commons, that such Prisoners of War as are in The Tower may be taken into Consideration for their Fees, that they may pay such Fees as are usually paid in other Prisons; else it may be a Means of hard Usage to such Prisoners as are in the King's Power. And for the other Particulars, that it be referred to the Lord General.

Ordered, To communicate these Letters to the House of Commons, at a Conference; and the Earl of Northumb. is appointed to deliver the Sense of this House thereupon.

Message to the H. C. for a Conference on these Subjects;

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:

To desire a Conference, in the Painted Chamber, touching some Letters received from the Lord General, concerning the Prince his Highness.

and with Mr. Ashton's Ordinance.

And to deliver to them the Ordinance for settling Mr. James Ashton to be Minister of Hempsteed, in the Place of Mr. Kendall; and to desire their Concurrence therein.

Message from thence, with an Ordinance concerning the Committee of both Kingdoms.

A Message was brought from the House of Commons, by Sir Tho. Barrington Baronet, and others:

To desire their Lordships Concurrence in an Ordinance for continuing the Ordinance for the Committee of both Kingdoms.

Committee to consider of it.

The said Ordinance was read Twice, and committed to these Lords following:

Their Lordships, or any Five, to meet presently, and report the same to this House.

The Answer returned was:

Answer to the H. C.

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

Message from thence, with an Order for 50£. to Captain Fleming, Part of his Arrears;

A Message was brought from the House of Commons, by Sir Henry Mildmay and others; to desire their Lordships Concurrence in these Particulars:

1. To desire their Lordships Concurrence in this Order:

"It is this Day Ordered, by the Lords and Commons, That the Committee at Habberdashers Hall do forthwith imprest, upon Accompt, to Captain Christopher Fleminge, Fifty Pounds, as Part of his Arrears, to enable him to repair to his Charge immediately, upon this present Expedition."

Agreed to.

with Committees Names for Worcester;

2. To desire Concurrence, that Colonel John Fox, Mr. John Bridges, Major Foote, Mr. Henry Hunt, Mr. Tho. Milward, Mr. Tho. Young, Captain Bowyer, Mr. Wm. Moore, Mr. Walter Marston, Mr. Foolke Estopp, Mr. Wm. Collins, Mr. Edward Waldron, Nicholas Lechmore Esquire, Charles Ghest, Captain Withers, be added to the several and respective Committees for the County of Worcester, to all Intents and Purposes.

Agreed to.

with an Order to pay Captain Pym's Arrears;

3. To desire Concurrence in this Order:

"Ordered, by the Lords and Commons, that it be referred to the Committee at Haberdashers Hall, to take Care and give Order, at their best Conveniency, to pay the Arrears audited and due to Captain Alexander Pym, Son of John Pym Esquire, deceased, late a Member of the House of Commons."

Agreed to.

with an Order for Mr. Birckhead to be Serjeant at Arms to the Great Seal;

4. To desire Concurrence in this Order following:

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Edward Birckhead Esquire, nominated by the Commissioners for the Great Seal of England to be Serjeant at Arms to attend the said Great Seal, shall have and enjoy that Place, with the Advantages thereunto incident, for his Life; and that the Commissioners for the Great Seal do give effectual Warrant to Mr. Solicitor General, to prepare a Bill, containing a Grant of the same Office to the said Edward Birkhead; which Bill, together with this Ordinance, shall be good Warrant to the said Commissioners for passing the same under [ (fn. 3) the Great] Seal accordingly."

Agreed to.

and with an Order concerning Hilton's Bonds.

5. To desire Concurrence in an Order concerning divers Bonds of Henry Hilton, in the County Palatine of Durham, Esquire.

Which was read Twice, but not passed.

The Answer returned to this Message was:

Answer.

That this House agrees to all the Orders now brought, excepting to that which concerns Mr. Hilton's Bonds; touching which, this House will send an Answer by Messengers of their own.

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; and that they agree in the Ordinance concerning Mr. Ashton.

Committee to hear the Judges, how the Subject may procure Writs of Error.

This House being informed, "That the Judges can acquaint their Lordships with an Expedient how the Subject may take his Course in procuring Writs of Error, according to the due Course of the Law:" Hereupon this House thought it fit, that a Committee of both Houses might be appointed, to hear what the Judges can propound in this Particular.

And these Lords Committees were appointed:

Any Three, to meet with a Committee of the House of Commons, on Monday next in the Afternoon.

The Lords went to the Conference; which being ended, the House was resumed.

Sir Richard Gurney, Leave to go to Tunbridge upon Bail.

Ordered, That Sir Rich. Gurnard shall have Leave to go to Tunbridge, for Four Months, for his Health, as it was ordered Yesterday; giving his own Bond of Four Thousand Pounds, to render himself again to the Lieutenant of The Tower at the End of Four Months.

Ordinance for Mr. Ashton to be Minister at Hemstead.

"Whereas, by Ordinance of the Lords and Commons in Parliament assembled, John Taylor, late Vicar of the Parish Church of Hemel Hempstead, in the County of Hert. was for divers foul Misdemeanors sequestered from the said Vicarage, and George Kendall appointed, during the Pleasure of the said Houses, to supply the said Cure; and forasmuch as it hath appeared to the Lords in Parliament, by divers Complaints and Proofs made against the said George Kendall, that he is a very unfit Man to hold or continue the same; and whereas James Ashton, Master of Arts, was thereupon recommended to the said Inhabitants of Hemel Hempstead, by the House of Peers, and Assembly of Divines, who having often preached amongst them, and being very well approved of by them, and the said Inhabitants having, by their humble Petition to the said House of Peers, and Committee for scandalous and plundered Ministers, desired that Power may be con ferred upon him, to officiate as Vicar there: The said Lords and Commons do hereby constitute and Ordain, That Tobit Combes, Daniell Hewson, Richard Salter, John Gates, Samuell Baker, Henry King, and Francis How, or any Three of them, shall continue the Power and Authority formerly given them, for the Sequestration of the Vicarage-house and Glebe Lands, and all the Tithes, Rents, and Profits whatsoever, of the Vicarage 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 to pay the same, together with the Arrears of all such Dues as belong to the Vicar, and became payable since the Departure of the last Minister (according to the now Offer and Desire of the said Inhabitants), unto the said James Ashton, Master of Arts, a Godly, Learned, and Orthodox Divine, who is hereby appointed and required to preach every Lords-day, and to officiate as Vicar, and to take Care for the Discharge of the Cure of the said Church in all the Duties thereof, until further Order shall be taken by both Houses of Parliament; and if any shall refuse to pay unto the said Sequestrators, or any Three of them, or to the Collectors appointed by them, any of the Rents, Duties, or lawful Fees accustomed to be paid, upon Information thereof by the Sequestrators, or any Three of them, unto either House of Parliament, the said Lords and Commons do hereby Declare, They will proceed against such Refusers according to their several Offences and Contempts."

Ordinance for all Persons to take their Trials in the several Counties where they are committed.

"This House being this Day informed, That some Persons committed to the Gaols in several Counties, by the Justices of the Peace there, for Felonies or Suspicion of Felony, for stealing of some Goods, albeit they might be bailed by the said Justices there, have nevertheless lately endeavoured to obtain Writs of Habeas Corpus out of the Court of King's Bench, to remove their Bodies up thither, upon Pretence of getting Bail about London: The Lords, taking into Consideration that those Prisoners, and upon like Pretences many other Prisoners, in inferior Gaols, committed for such like Offences, albeit they ought to receive their due Trials in the Counties where they offended, may in like Manner seek to remove themselves, and, in their coming up or returning back, when the Court remand them, practise to make Escape, by Reasons to be made by their Confederates, or otherwise; and considering not only the dangerous Consequence of removing such Prisoners in these Times of War and common Disturbance of the Peace, but also the great Charge, Trouble, and Peril, that may thereby ensue to all Sheriffs, Keepers of Prisons, and Gaolers; do therefore require and Order, That the Judges of the said Court, during these troublesome Times, shall, as to them in their Discretion seem meet, forbear to grant any such Writs, for removing of any such Prisoners committed for Felony or Suspicion of Felony; and as touching Mary Samford, committed to Prison in the County of Kent, by some Justices of Peace there, for a Felony done, or vehemently suspected to be done, by her, unto the Right Honourable the Countess of Leicester, by stealing of divers Jewels and other Goods of great Value, in her Ladyship's House in Kent, by Means of false Keys; for that the said Mary Sandford, since she endeavoured to remove her Body as aforesaid, hath made an Escape out of the said Prison, and is taken again, and re-committed there; their Lordships Declare, That they hold it very unfit that she should have any such Writ of Habeas Corpus granted, to remove her Body up to London or Westm."

Adjourn.

House adjourned till 9^a, Monday next,