House of Lords Journal Volume 6: 13 September 1644

DIE Veneris, 13 die Septembris.

PRAYERS.

Ds. Grey de Warke.

Message to the H. C. with the Order about the Dutchess of Richmond and Countess of South'ton;

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

1. To desire their Concurrence in an Order concerning the Countess of South'ton and the Dutchess of Buckingham to come from Oxon, into the Parliament's Quarters, &c.

about Committees going to the Common Council;

2. To desire Concurrence in the Alteration in the Order for going to the City to the Common Council; and that this House hath named Six Lords, to join with a proportionable Number of the House of Commons.

for the E. of London to be added to the Assembly;

3. To desire their Concurrence in an Order for adding the Lord Lowdon to be of the Assembly.

and about Fortescue the Duke of Lorrain's Agent's Business.

4. To let them know, that this House hath received a Letter from the Duke of Lorraine, concerning the Business of his Agent; and that this House hath referred the Consideration thereof to the Committee that treat with The States Ambassadors, and desire their Concurrence herein.

Cowper and Wilgrice.

Ordered, That (fn. 1) the Cause between Cowper and Wilgrice shall be heard on Wednesday next come Sevennight.

Sir M. Lister sined 200 l. for sending 100 l. to his Daughter-in-law at Oxon.

"Ordered, by the Lords and Commons assembled in Parliament, That a Fine of Two Hundred Pounds shall be set upon Sir Mathew Lister, for his Offence in sending a Bill of Exchange of One Hundred Pounds, for supplying his Wife's Daughter now at Oxon with Monies; and that he be discharged from further Question, and his Estate from Sequestration, for the same."

Committee to go to the Common Council.

Ordered, That these Lords following are appointed to join with a Committee of the House of Commons, to go to the Common Council in London this Afternoon:

Ordinance concerning Worcestershire.

Next, the Ordinance concerning the County of Worcester was read the Second Time, and Ordered to be committed to these Lords following:

Any Three, to meet To-morrow in the Afternoon, at Three of the Clock.

Answer from the H. C.

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

That the House of Commons agree in the Alteration in the Order for sending Committees to the Common Council of London; and they have appointed a Committee of their House, to join with the Six Lords; and concerning the referring the Business to the Committee that treat with The States Ambassadors: Concerning the Agent of the Duke of Lorraine, they agree with their Lordships therein; and concerning the Orders touching the Dutchess of Richmond and the Countess of South'ton, they will send an Answer by Messengers of their own.

Message from thence, with Credential Letters, &c. to the Queen of Sweden, King of Denmark, and Elector of Brandenburgh;

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight:

To desire Concurrence and Expedition in these Particulars following:

1. A Copy of a Commission to be given to Persons to go into Denmarke, to treat concerning Trade.

(Here enter it.)

Read, and Agreed to.

2. A Letter of Credence, for Mr. Jenkes and Tho. Skynner, directed to the Elector of Brandeburg.

(Here enter it.)

Read, and Agreed to.

3. A Letter of Credence, directed to the Queen of Sweden. (Here enter it.)

Read, and Agreed to.

4. A Letter of Credence, directed to the King of Denmarke. (Here enter it.)

Read, and Agreed to.

with Ordinances;

5. An Ordinance for taking off the Sequestration of Sir Jo. Baker's Estate. (Here enter it.)

Read, and Agreed to.

6. An Ordinance concerning freeing the Earl of Westm's Estate.

Read, and Agreed to, with a small Alteration.

7. An Order concerning Alderman Hoyle to be sworn by Baron Trevor. (Here enter it.)

Agreed to.

and to expedite those concerning Worcester and Chester.

8. To desire Expedition in the Ordinance concerning Worcestershire.

9. To desire Expedition in the Ordinance concerning the County of Chester. (Here enter it.)

Read Thrice, and Agreed to.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to the Order concerning the Earl of Westm. and the Ordinance concerning Worcestershire. To all the other Particulars, their Lordships do agree.

Message from the H. C. with a Letter from the L. General.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, and others:

To communicate to their Lordships a Letter, directed to the Speakers of both Houses, from the Lord General, which was read, as followeth. (Here enter it.)

Commission to Messieurs Jenks and Skinner, to go to Denmark, to treat concerning Trade.

"Omnibus & singulis ad quos hæ Literæ pervenerint, Salutem. Cum, ob funesta Angliæ Dissidia, solita Mercatorum nostrorum in Serenissimi et Potentissimi Daniæ Regis Regnis & Ditionibus negotiantium Commercia obstructa & impedita fuerint, quas Obstructiones nos omnino tolli ex Animo cupimus: Sciatis, quod nos, Proceres & Ordines Communium Parliamenti Angliæ, de Fidelitate & Industriâ Virorum spectabilium Richardi Jenksii & Thomæ Skinneri plurimùm confisi, eosdem Richardum Jenksium & Thomam Skinnerum, nostros veros & indubitatos Procuratores & Deputatos, ad præfatum Serenissimum Daniæ Regem, ad dicta Commercii Difficultatum & Mercatorum Controversiarum Negotia conficienda fecimus, constituimus, & deputavimus, ac per præsentes facimus & deputamus; dantes iisdem & committentes plenam & omnimodam Auctoritatem & Potestatem, Nomine nostro, cum prædicta Regis Daniæ Majestate, ejusque Commissariis & Deputatis sufficientem ad hoc Potestatem habentibus, communicandi, tractandi, & concludendi, omnia & singula quæ ad mutuam Bonorum de quibus Quæstio est aut esse potest Restitutionem, & ad Lites ac Differentias de Feloniis, Navibus, Mercibus, & Commercii Exercitio, Mercatorum nostrorum, in Albis Fluvio, Mari Balthico, aut quibuscunque aliis Oris & Partibus Negotiantium, motas aut movendas componendum & finiendum faciunt, atque ad Commercii Libertatem & Celebritatem augendum & stabiliendum conducent; denique omnia ea quæ ad præmissa vel circa eadem erunt necessaria faciendi & expediendi, promittentes bonâ et sanctâ Fide nos omnia & singula, quæ inter dictum Serenissimum Daniæ Regem, aut ejus Deputatos & Commissarios, aut eorum aliquem, & præfatos nostros Deputatos Richardum Jenksium & Thomam Skinnerum, in præmissis, aut eorum aliquo, erunt pacta & conclusa, grata & rata habituros & servaturos. In cujus rei Testimonium, nostro Mandato uterque Procerum & Ordinum Communium Prolocutores Manu suâ has confirmarunt Literas; datas ex Palatio Parliamentario Westmonasteriensi, xi Septembris, MDCXLIIII.

"Proceres & Ordines Communium Parliamenti Angliæ.

"Grey of Wark, Speaker of the House of Peers pro Tempore."

Letter of Credence for them to the King of Denmark.

"Serenissime & Potentissime Rex, ac Domine Domine Clementissime,

"Cum Mercatorum nostrorum Querelæ ob perpessa Damna & impediosam Commercii Interuptionem quotidie potiùs augescant quam cessent, visum est nobis, Proceribus et Ordinibus Communium Parliamenti Angliæ, ad vestram Regiam Majestatem, istarum Quærimoniarum sedandarum Causâ, præsentes Viros spectabiles Richardum Jenksum & Thomam Skinnerum disertè ablegare; enixè igitur rogamus, ut iisdem, nostris Mandatis sufficientique Potestate instructis, Regiam vestram Majestatem de Litibus Mercaturæ Negotiorum componendis nostro Nomine edocturis, favorabiles præbere Aures, atque plenam adhibere Fidem velit. Sed, ne vestram Regiam Majestatem diutiùs moremur, hisce ut Deus optatam, Christianis miserrimè affectis, Regius tandem restituat Pacem, vestræque Regiæ Majestati longævam largiatur Incolumitatem, omnemque addat Prosperitatem, ex Animo vovemus.

"Datæ ex Palatio Parliamentario Westmonasteriensi, xi Septembris, Anno MDCXLIIII.

"Regiæ vestræ Majestati

"Omni Studio addictissimi,

"Proceres & Ordines Communium Parliamenti Angliæ.

"Grey of Wark, Speaker of the House of Peers pro Tempore."

To the Queen of Sweden.

"Serenissima ac Potentissima Regina, ac Domina Domina Benignissima,

"Cum nuperum inter Regiam vestram Majestatem Regémque Daniæ vestraque Regna Bellum nostris Mercatoribus illis in Oris & per Fretum Oresundanum & Mare Balthicum negotiantibus multas minitetur Difficultates Commerciique Impeditiones, nos, Proceres & Ordines Communium Parliamenti Angliæ, Viris spectabilibus Richardo Jenksio & Thomæ Skinnero in Mandatis dedimus, ut eâ de Re vestram Regiam Majestatem, nostro Nomine, humillimè interpellarent; enixè igitur rogamus, ut Regia vestra Majestas eosdem, vel eorum alterutrum, nostra Mandata exponentes, præcipuè de iniquâ Navigationis illo in Mari & Commercii Obstructione quærentes, benignè & plenâ Fide audire, & solito in Britanicam Nationem Favore expedire velit: Erit istud Regiæ vestræ in nos et hanc Gentem Benevolentiæ Argumentum nobis omni Officiorum Genere vicissim demerendum; qui ut Deus Regiæ vestræ Majestatis Consiliis & Conaminibus affatim benedicat, ex Animis vovemus.

"Datæ ex Palatio Parliamentario Westmonasteriensi, xi Septembris, MDCXLIIII.

"Regiæ vestræ Majestati

"Omni Studio addictissimi,

"Proceres & Ordines Communium Parliamenti Angliæ.

"Grey of Wark, Speaker of the House of Peers pro Tempore."

To the Elector of Brandenburgh.

"Serenissime & Celsissime Princeps, ac Domine Domine Colendissime,

"Fecit difficilis quæ ex nostro Angliæ Dissidio oriri potest Mercatorum nostrorum illis in Oris Negotiatio & Commercii Obstructio, ut Serenissimam vestram Celsitudinem de iis edocere cupientes Viros spectabiles Richardum Jenksium & Thomam Skinnerum ablegaverimus; iisque, qui super omnibus vestræ Serenitati nostram exponerent Mentem, Rem totam commiserimus; instanter igitur rogamus, ut Serenissima vestra Celsitudo eos, vel eorum alterutrum, favorabiliter & plenâ Fide audiat, atque Benevolentiâ suâ solitâ expediat. Vestræ Serenitati prosperrimos piorum Votorum et Conaminum Successus ex Animo precamur.

"Datæ ex Palatio Parliamentario Westmonasteriensi, xi Septembris, Anno MDCXLIIII.

"Serenissimæ vestræ Celsitudini Officiosè addictissimi.

"Proceres & Ordines Communium Parliamenti Angliæ.

"Grey of Wark, Speaker of the House of Peers pro Tempore."

Ordinance for the Sequestration of the E. of Westmorland's Estate to be taken off.

"Whereas the Right Honourable Mildmay Earl of Westmerland hath compounded for his Delinquency, for the Sum of One Thousand Pounds, and, in Pursuance of his said Composition, hath already paid in the same, which is accepted of by both Houses of Parliament: It is this Day Ordered and Declared, by the Lords and Commons in Parliament assembled, That the Sequestration of the said Earl's Estate be and is hereby taken off, from this Day forward: Provided, That all Rents and Arrearages of Rent due to this Day to the State be paid in by those in whose Hands they are."

Mr. Hoyle Treasurer's Remembrancer to be sworn in.

"Whereas, by Ordinance of Parliament, the Office of the King's Treasurer's Remembrancer of and in the Exchequer is conferred upon Thomas Hoyle Esquire, One of the Members of the House of Commons, and a Grant thereof is passed unto him under the Great Seal of England accordingly: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Mr. Baron Trevor shall forthwith, upon Sight hereof, administer unto the said Mr. Hoyle the Oath of the Master of that Office in that Behalf used, whereby the said Mr. Hoyle may be enabled to proceed to the Execution of the said Place, and discharge the Duty thereof; and all Officers of the said Court of Exchequer, whose Presence is requisite, are to attend at the Administration of the said Oath."

Ordinance for the Sequestration to be taken off Sir John Barker's Estate.

"Whereas the Estate of Sir John Baker Baronet was formerly sequestered, and he fined; and since he, to free himself and his Estate from the same, hath entered into Bonds, with good Securities, to pay Two Thousand (fn. 2) Pounds on or before the 20th Day of this Instant Month of September, and One Thousand Pounds more within Three Months after, as by the said Bonds and Conditions thereof may better appear: It is therefore now Ordered and Ordained, by the Lords and Commons in this present Parliament assembled, That the said Fine and Sequestration be from henceforth taken off from the Estate of the said Sir John Baker; and the same are hereby taken off accordingly, and he and his Estate freed and discharged of and from the same; and all Committees or Parties whom the same may concern are to take Notice hereof, and yield a ready Obedience hereunto: Provided, That all Rents and Arrear of Rents due to the State to this Day be paid in by those in whose Hands they are; and that the said Three Thousand Pounds shall be paid according to the Conditions of the said Bonds; and, upon Payment thereof, the said respective Bonds shall be delivered up to the said Sir John Baker or his Assigns, to be cancelled; and these Presents are, and shall be, a sufficient Warrant and Discharge for all Persons in whose Hands the same are or shall be, for the doing thereof."

"Veneris, 13tio Sept. 1644.

"An Ordinance of the Lords and Commons assembled in Parliament, for the appointing and authorizing of Henry Brooke Esquire to be High Sheriff of the County Palatine of Chester; and for regulating some other Things concerning the said Office, and Supply of Justice, now obstructed in that County.

Ordinance for Mr. Brooke to be High Sheriff of Chester.

"The Lords and Commons in Parliament assembled, taking into Consideration the Necessity of appointing an High Sheriff for the County Palatine of Chester, and that such Officer cannot be constituted in the usual Manner, in respect the Castle of Chester, where the Court of Exchequer (being the ancient Chancery Court for that County) and the County Palatine Seal are kept (by which Seal, and no other, the Sheriffs of that County have been usually there made), as also the City of Chester, are now all in Possession of the Enemies to the King and Parliament, and the Chamberlain of that County in present Rebellion, and in Arms against the Parliament; do think fit to Order and Ordain, and be it Ordained and Established, by the said Lords and Commons, That Henry Brooke Esquire shall be, and is hereby authorized and appointed to be, Sheriff of the said County; and do commit unto him the said Henry Brooke the Office of Sheriff, and the Custody of the said County Palatine, to have and execute the same in as large and ample Manner as any Sheriff of that County heretofore lawfully hath or might have done: And whereas, by virtue of a Writ or Commission under the Great Seal of England already issued, Gilbert Millington, Will'm Ashurst, and John Bradshawe, Esquires, Commissioners therein named, have ministered unto the said Henry Brooke the Two usual Oaths; to wit, the Oath for the due Execution of the said Office of Sheriff, and the Oath of Supremacy, the Execution of which Writ is thereby enjoined to be returned to the Chamberlain of Chester, at the said Exchequer of Chester: And the said Lords and Commons do Order and Ordain, in respect such Return cannot now be made, That the same be forborn; and that the said Commissioners shall return in the said Commission to them directed, and the Execution thereof, into the Chancery of England, there to remain of Record, which shall be a sufficient Discharge to them the said Commissioners in that Behalf: And where, by the Statute made in the 33th Year of the Reign of the late King Henry the Eighth, the Sheriffs of the said County for the Time being are limited to keep their Shire Courts in the Shire Hall of that County, which Shire Hall is within and Part of the said Castle of Chester, now in the Enemy's Hands; and where the Usage hath been for the said Sheriffs to keep their County Court upon a Monday, whereby Bailiffs of Sheriffs, Suitors of the Court, and others, for saving of Expence, have taken Occasion to travel on the Lords-day, to the great Prophanation of that Holy Day; for Supply of the said Defect, and Remedy of the said Evil, be it further Ordained and Established, by the Authority aforesaid, That, during the Time that the said Castle of Chester shall continue in the Enemy's Possession, and until the same shall be reduced within the Power of Parliament, and that other Order by both Houses of Parliament shall be taken to the contrary, the said Sheriff of the said County, and other the Sheriffs of the same, for the Time being, shall keep his and their Shire Court in the Town Hall or Court Hall of or within the Town of Namptwich, in the said County; and that the said Shire Court shall be hereafter constantly kept every Month upon the Tuesday next ensuing the former usual Court Day, and not upon any Monday, for Determination of Plaints and Actions under Forty Shillings, and for Proclamations, and calling of Exigents, and other necessary Causes, as hath been used at other Shire Courts held formerly as aforesaid; and that the Head Coroners for the Body of the said Shire, when any new Choice is or ought to be, by reason of Death, Insufficiency, or otherwise, during the Enemy's Possession of the said Castle as aforesaid, shall be elected and chosen by virtue of the King's Writ De Coronatore eligendo, to be awarded from the Chancery of England; which Coroners, as also those for the Time being (not secured or sequestered for their Malignancy to the Parliament), are hereby enjoined to sit with the said Sheriff at the said Courts, to give Judgement upon Utlawries, and to do all other Things as appertaineth to their Place and Office; any Law, Usage, Statute, Privilege, or Custom, to the contrary notwithstanding: And the Lords and Commons do Ordain, Enjoin, and Command, all Manner of Persons of the said County, whom the same may concern, to be to him the said Henry Brooke, during his Continuance in the said Office, aiding and assisting, in all Things which belong to the said Office: And whereas divers Writs, Com missions, Precepts, and Warrants, have usually heretofore issued out of His Majesty's Court of Chancery, Court of Wards, and other His Majesty's Courts at Westminster, directed to the Chamberlain of the said County Palatine for the Time being, by Force whereof divers Writs and Commissions have issued out of the said Court of Exchequer at Chester, under the said County Palatine Seal, directed unto the Sheriffs, Escheator, Feodaries, and Coroners of the same County, whereupon Proceedings have been usually had, and afterwards returned into the said Court of Exchequer at Chester, and from thence transmitted to the respective Courts above at Westminster, according to the Nature of the Cause; now, forasmuch as the said Court at Chester and Seal are in the Enemy's Hands as aforesaid, and the Chamberlain and other Officers of the Seal there in present Rebellion against the King and Parliament, so as such Course for Writs, Commissions, and Warrants, cannot be observed as formerly; neither can the Inhabitants of the said County with Safety repair to the Courts of Chester for Justice as formerly; and yet, by the ancient Usages and Privileges of that County, cannot, for Matters there arising, sue one another, or be sued elsewhere, whereby the Course of Justice there is for (fn. 3) the present obstructed, to the great Damage of the Subject; be it therefore Ordained and Established, by the Authority aforesaid, That the former Course of issuing out Writs, Commissions, Precepts, and Warrants, out of any the Courts at Westminster, directed to the Chamberlain of Chester, shall be forborn, during the Time that the said City and Castle of Chester shall continue in the Enemy's Hands; and that, during that Time, and until other Order by both Houses of Parliament shall be taken to the contrary, all such Writs, Commissions, Precepts, and Warrants, henceforth to issue out of the said Courts at Westminster, and concerning the Matters of the said County Palatine, shall be immediately sent and directed unto the Sheriff, Escheator, Feodary, Coroners, and other Officers, of the said County of Chester respectively, and shall be by them executed, in such Sort, Manner and Form, as is usually done in like Cases unto and by the Sheriffs, Escheators, Feodaries, Coroners, and other Officers of other Counties not Palatine, within the Realm of England; and further, that, during such Time of the Enemy's Possession of the City and Castle as aforesaid, the Subjects of the said County shall and may sue and be responsal in the Courts of Justice at Westminster, and that the King's Writ shall there run as is used in the other Counties, any Law, Usage, Statute, Privilege, or Custom, to the contrary notwithstanding: And it is lastly Ordained and Declared, That as well the said Sheriff in the Execution of his said Place and Office, as also all other Officers and Persons that shall do any Thing by Virtue, and in Execution and Pursuance, of this Ordinance, and of the Power therein contained, and according to the Directions of the same, shall be kept indemnified by the Authority and Power of both Houses of Parliament: Provided, That nothing herein contained shall, for Time to come, be interpreted to the Disadvantage or Prejudice of the ancient Rights, Privileges, Usages, and Customs, of the said County Palatine, or of the Inhabitants of the same."