House of Lords Journal Volume 6: 26 July 1644

DIE Veneris, 26 die Julii.

PRAYERS, by Mr. Burges.

Domini præsentes fuerunt.

Ds. Grey de Warke, Speaker.

Ordinance for Martial Law.

The Ordinance concerning Martial Law was read the Second Time; and the House was adjourned into a Committee during Pleasure, to take this Ordinance into Consideration.

The House was resumed.

Message from the H. C. to expedite it.

A Message was brought (fn. 1) from the House of Commons, by Mr. Wm. Strode Esquire:

To desire their Lordships would please to give speedy Expedition to the Ordinance concerning Martial Law, for Want of which the Kingdom much suffers; and that which quickens them most is, a Petition which was delivered to the House of Commons, which they offer to their Lordships Consideration, whereby their Lordships may conceive the Necessity of passing the said Ordinance, that so the Persons that are guilty of high Crimes may be brought to a Trial.

Turpin's Petition, whose Father was hanged by the King's Party.

The Petition of Tomasine Turpin, &c. was read; complaining, "That their Father Captain Turpine, being formerly condemned by Serjeant Glanvile, and lately hath been hanged by the King's Party in the West upon cool Blood, merely because that one Captain Hayward, who run away from his Command under the Parliament, was hanged at Barstable, according to the Rule of Martial Law."

The Answer returned was:

Answer to the H. C.

That their Lordships will speedily take this Ordinance into speedy Consideration, and send an Answer by Messengers of their own.

Ordinance for Martial Law.

Ordered, That the Consideration of the Ordinance for Martial Law is referred to these Lords Committees following; and to report their Opinions to this House:

Their Lordships, or any Three, to meet To-morrow Morning, at Eight of the Clock; and Mr. Justice Bacon, and Mr. Serjeant Whitfeild, and Mr. Serjeant Fynch, to attend the Lords Committees.

Committee to examine Lord Rich.

Ordered, That the same Committee that examined the Earl of Leycester shall examine the Lord Rich; and the Earls of Kent, Bolingbrooke, Denbigh, and Rutland, are added to the said Committee.

Committee for considering the Paper from The States Ambassadors.

Ordered, That the Committee for The States Ambassadors Papers, concerning the Ships that they pretend are taken by the English, shall meet on Monday Morning next, at Eight of the Clock.

Message to the H. C. for their Committee to meet them.

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

To desire that the Committee of their House may meet the Committee of Lords on Monday Morning next, at Eight of the Clock, to consider of the Ships which The States Ambassadors pretends to be taken by the English, (fn. 2) and also to hear the Informations of what Ships and Goods hath been taken by the Hollanders from the English.

Lord Maynard and Sir Robert Banister.

Upon reading the Petition of Wm. Lord Maynard: (Here enter it.) It is Ordered, That Sir Rob't Banister shall have a Copy of this Petition, and shall appear before this House on Wednesday come Fortnight; and then this House will take further Consideration in this Business.

Lord Maynard's Petition.

"To the Right Honourable the Lords assembled in Parliament.

"The Petition of Wm. Lord Maynard;

"Shewing,

"That the Petitioner, about Three Years since, intermarried with the Lady Dorothy his now Wife, being the Daughter of Sir Rob't Banester Knight; upon whom he had formerly settled the Inheritance of several Manors and Lands, in the County of North'ton and Leicester, being of the Yearly Value of Two Thousand Pounds at least; concerning which Marriage a Treaty was begun in the Life-time of the Petitioner's Father, and was continued after his Death by the Petitioner's Mother and Guardian with the said Sir Rob't Banister, and in all the Time of the Treaty, and until the Marriage took Effect; the said Sir Rob't declared, by himself and by his Wife and others, that he would give Ten Thousand Pounds with his said Daughter, and gave Directions to his Wife the Lady Banister, that she should go on and proceed to effect the Marriage between the Petitioner and his now Wife, which was accordingly effected, the Petitioner and his Guardian and Friends not doubting Sir Robert's Performance; but, he failing, Suits were commenced at Law and in the Court of Wards (the Petitioner being then his Majesty's Ward), to inforce the said Sir Rob. Banister to pay the said Portion of Ten Thousand Pounds: Whereupon Sir Rob't Banester and the Petitioner by his Guardian referred the said Differences to Sir Edw'd Tirrell, Thomas Tirrell, and others, Arbitrarors, all named by the said Sir Robert Banester, who took upon them the Charge thereof, and did make their Award in Writing; and thereby did award, That the said Sir Rob't Banister should pay unto the Petitioner Ten Thousand Pounds, at Three Days in the said Award limited, and now all past; and, by the same Award, the Petitioner was to make a Jointure of the Yearly Value of One Thousand Pounds, which was done accordingly, as by the Conveyances thereof ready to be shewn to your Lordships may appear; which Award was published, and the said Sir Rob't Banister had Notice of it, and paid Fifteen Hundred Pounds thereof to the King, in Part of the Fine of the Petitioner's Marriage, compounded for in the Court of Wards; but fails in Payment of the rest, being Eight Thousand Five Hundred Pounds, which he now denies to pay at all, and insists upon a Release made by the Petitioner in his Minority, and upon the having of the said Award delivered unto him by the Arbitrators, and the Petitioner having no Part or Copy thereof; which Release and Award the said Sir Rob't Banester procured by a subtil Protestation, which he made unto the Petitioner, his Guardian, and Friends, videlicet, that he the said Sir Rob't Banister would not be inforced to pay the said Money; but, if the said Release should be given him, and the said Award delivered unto him, he would freely pay the same and more, or to that Effect; to which the Petitioner's said Guardian and Friends giving Credit, and desiring to avoid Suits, and procure the Petitioner in his Minority to deliver the said Release, and the Arbitrators to deliver the said Award unto the said Sir Robert Banister; which being done, the said Sir Robert now utterly denieth to pay the Remainder of the said Portion, being Eight Thousand Five Hundred Pounds, and, as it seems, intends, by the Means aforesaid, and such like Means, to delude the Petitioner, and to detain the Remainder of the said Portion, notwithstanding all his Promises, Agreements, and Protestations aforesaid, and notwithstanding the said Award and the Performance thereof on the Petitioner's Part:

"For Remedy in the Premises, the Petitioner is a Suitor to your Lordships, to take the Matters aforesaid into your Lordships Consideration, and, upon hearing thereof, to take such Course for the Petitioner's Relief therein, as to your Lordships shall seem meet; and, to that End, the Petitioner desires your Lordships to send your Lordships Warrant, to command the said Sir Robert Banister to appear before your Lordships at a Day to be prefixed by your Lordships for the hearing of this Petition, and the Matters therein; and the rather, for that the said Sir Robert Banister hath revoked the Estate of the said Lands, which were as aforesaid settled upon the Petitioner's Wife, whereby the Petitioner is altogether defeated and deluded, unless your Lordships relieve him; the Petitioner having no Remedy at Law in the Premises, the Matters being so subtily carried on by Sir Robert Banister.

"W. Maynard."