House of Lords Journal Volume 7: 24 March 1645

DIE Lunæ, 24 die Martii.

PRAYERS, by Mr. Valentine.

Ds. Grey de Warke, Speaker.

Message from the H. C. for a Conference to preserve a good Correspondence.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

To desire their Lordships would please to give a Conference, so soon as may stand with their Lordships Conveniency, concerning the good Correspondency between the Two Houses of Parliament.

The Answer returned was:

Answer.

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

Walsingham and Baker.

Upon reading the Petition of Sir Tho. Walsingham Knight; desiring, "That the Question of the Title in Question between him and Sir John Baker Baronet, concerning the Manor of Hunton, in the County of Kent, may (fn. 1) be dismissed, and to try the Title, as (fn. 1) to their Lordships shall seem meet."

It is Ordered, That Sir John Baker shall have a Copy of this Petition, and return his Answer on Thursday Morning next.

Lady Fynch's Allowance.

Upon Report made this Day from the Committee of Lords and Commons for Sequestrations, concerning the allowing of the Lady Mabella Fynch: It is Ordered, That this House approves of the Report from the said Committee; and that it be sent to the House of Commons, to desire their Concurrence herein.

And accordingly it was sent down, by Message, by Sir Edw. Leech and Mr. Page.

Clinch arrested, when going to attend the Committee for Sequestrations.

Upon Report this Day made from the Committee of Lords and Commons for Sequestrations, and reading the Affidavit of Walter Clinch; shewing, "That he was, by Mr. Walter Robins, Solicitor for the Ordnance for Portsmouth, summoned, by virtue of an Order of the said Committee, to appear before the said Committee, to testify his Knowledge, in the Painted Chamber at Westm. in the Afternoon, at Two of the Clock, on Friday last, concerning the Delinquency of Rob't Samthill Merchant; in Obedience whereof, he coming from his Lodging to Westm. aforesaid, was, by one Edward Ridly and Clem't Cole, Two of the Officers of The Poultry Counter in London, arrested, at the Suit of one Samuell Hide, in (fn. 2) an Action upon the Case of Ten Pounds Damages: And then the said Clinch shewed a Ticket that he had left with him, for his Appearance at Westm. and demanded of the Person that arrested him, that, if he could produce Bill, Bond, or Witness, that would manifest that he owed him any Thing, he would pay him presently: But the Creditor refusing, saying, "He was going about Mischief to the said Officers;" and so they detained him: And the said Hide said, "I will save you harmless." Notwithstanding the said Clinch desired he might wait on the State's Occasions: And so he was put to Twenty-six Shillings and Eight Pence (fn. 2) Expence."

Kidley & al. sent for as Delinquents.

It is Ordered, That the said Edward Ridly and Clement Cole, and Samuell Hyde, shall be sent for, as Delinquents, to answer this Offence.

Ferdinando to have a Picture restored to him.

Upon reading the Petition of Anton. Ferdinando; desiring, "That he may have a Picture of St. Ursula restored to him, which was taken in the Ship called St. Jacques, of Dunkerque."

It is Ordered, That the said Picture shall be restored to him, there being full Satisfaction given for Salvage.

Captain Hunck's Petition for 1500l. due to him.

Upon reading [ (fn. 2) the Petition] of Captain Hercules Huncks; shewing, "That there is due to him One Thousand Five Hundred Pounds, disbursed by him for the Payment of his Company and his own Pay; desiring that some Course may be taken to supply him in his Necessities."

It is Ordered, To recommend this Petition to the House of Commons by the next Messengers.

Smart to be admitted in Formâ Pauperis, and Counsel assigned him.

Ordered, That Mr. Peter Smart shall be admitted in Formâ Pauperis, whereby he may be the better enabled to follow his Cause depending in this House; and that Mr. Serjeant Rolles, Mr. Serjeant Atkins, Mr. Glover, Mr. Hale, Mr. Bradshaw, Mr. Prynn, and Mr. Adams, are hereby assigned to be of Counsel with him in this Cause; and Mr. Taylor of The Inner Temple to be his Solicitor.

Lord Savill's Examination.

The Examination of the Lord Savill, reported from the Committee, was read. (Here enter it.)

Answer from the H. C.

Sir Edw. Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the Order concerning the Lady Fynch. (Here enter it.)

Lady Darcy's Petition, for the Payment of her Settlement.

Upon reading the Petition of Eliz. late Widow of John Lord Darcy of Ashton, deceased, and now Wife of Sir Francis Fane Knight of the Bath; shewing, "That the Petitioner being seised of the Manors of Swine and Kilham, in the East Riding, of Ashton, Netherthorpe, Hardwicke, Todwicke Grange, Nicordwood Wales, Walswood, Lansons, and Bedgrave, in the West Riding, in the County of Yorke, with all the Lands, Tenements, Rents, Profits, and Commodities, thereunto belonging, in an Estate for Life made unto her of the same by the Lord Darcy, did, in Anno 1636, before the Troubles in Scotland and England, intermarry with Sir Francis Fane, and who did, before the said Marriage, promise and agree with the Petitioner, and Wm. West Esquire, her Father, that he would allow unto her Yearly the Sum of Four Hundred Pounds, for (fn. 3) her own Yearly Maintenance, to be wholly at her Dispose, without any Accompt to be required thereof during their joint Lives; and did enter Bond, upon their Marriage, in the Sum of Three Thousand Pounds, unto Sir Wm. Armyn, Wm. West, and John West, for the Performance of the said Agreement: Therefore desires that she may receive, out of the Manor of Ashton, and the Lands and Rents thereunto belonging, the Yearly Allowance of Four Hundred Pounds, for their own particular Maintenance, according to the said Security given to Sir Wm. Armyn, Wm. West, and John West."

It is Ordered, To be recommended to the House of Commons by the next Message, that it may be referred to the Committee of Lords and Commons for Sequestration.

L. Powis to be brought to Town with Safety.

Ordered, That the Lord General is hereby desired to give Order, That the Lord Powis be brought up to London, with Safety, and Respect to his Age and Infirmities.

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

Ordered, That the Report of this Conference shall be made To-morrow Morning; and all the Lords are appointed to have Notice to be at the House Tomorrow.

Lord Savill's Examination.

The Earl of Kent reported to the House the Examinations which the Committee had taken of the Lord Savill; which were read, as followeth:

"The Interrogatories.

"1. When his Lordship came from Oxford, and how, and by what Warrant, or Pass: and upon what Grounds he did it, and to what Ends or Intents, and what occasioned him so to do?

"2. Who came with him, or was privy to his coming from thence; and what Company came out of Oxford with him?

"3. Whether he ever said; and to whom, that if the Earl of Essex had an Army on Foot, the King would put Himself into his Hands or Protection, or to the same or like Effect; and how often he said so, and upon what Grounds he did it, and from whom he heard it?"

"The Answer:

"1. To the First, he faith, He was Prisoner at Oxford, from before Christmas last, until Saturday last, during which Time he was kept close Prisoner, and no Man suffered to come to him; but some small Time before His Majesty was pleased to send him Word, by the Lord Digby, "That His Pleasure was, he should neither come to Him, nor speak with any Lord, or go to the Prince, nor stay in Oxford:" But his Lordship demanding then what the King would do with him, the Lord Digby then said, "That he knew not whither the King would send him." Whereupon his Lordship said, "He would the King would let him go beyond Seas:" To which the Lord Digby replied, "He thought He would, if it were desired;" and his Lordship expressed his Desire it might be so. But saith, That he had not any Pass from the King, but only a Pass from the Earl of Essex, procured Three Weeks before, or thereabouts, and came out of Oxford on Saturday last.

"2. He faith, He met with a Coach with some Ladies as he was coming away out of Town; and their Ladyships took him into the Coach, and brought him out of the Port, and a little further, where he took his Horses, and so came gallop away; and there came with him only Four Servants. And faith, That all his Family knew of his coming away, and no others.

"3. That meeting, at or between Colebrooke and London, with Colonel Sheffield and Dr. Keame; upon Speech had whether His Majesty was not offended much with my Lord General, for his often Refusals of his Offers and Messages, I answered, "No, but the contrary; for I heard His Majesty sometimes express His Admiration of my Lord General's Constancy, which He termed Obstinacy; and I did verily believe, That, if my Lord of Essex would but engage Himself for His Security, he would adventure upon his Engagement sooner than any other Security;" But he doth not now remember, that he did speak this to any other than to some Persons within those Quarters; and he is the more confident of his Belief that His Majesty had that Confidence in the Lord General, because he hath heard Him upon Occasions to declare, that it was a Thing infixed in the Nature of the said Earl, never to desert a Thing that he had once engaged himself to perform.

"Savile.

"H. Kent.

B. Denbigh.

"Pembrook & Mount. W. Say & Seale.

"P. Wharton."

Order for an Allowance to Lady Finch.

"Whereas the Committee of Lords and Commons for Sequestrations, by virtue of a Reference from both Houses of Parliament, made the 14th Day of this Month, did, upon the 19th of the same, take into Consideration the Petition of Mabella Lady Finch, Wife of John Lord Finch, and did this Day make Report to the said Houses of their Proceedings therein, as by the said Report more at large appeareth: Upon full and deliberate Consideration thereof had, it is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Houses, Lands, and Tenements, of the said John Lord Finch, (videlicet), the Moat House and Lands within the Walls, and the House and Lands let to Pollin, and all Lands thereunto belonging, within the County of Kent and City of Canterbury; and Estuart, and the Houses, Mill, and Lands thereunto belonging, in the County of Kent aforesaid, all valued together at the Yearly Rent of Two Hundred Ninety-eight Pounds; and the House and Lands at Pallingswick, in the County of Middlesex, valued at the Yearly Rent of Forty Pounds, in all amounting to Three Hundred Thirtyeight Pounds per Annum, shall be, and hereby are, let unto the said Mabella Lady Finch, during the Time the same shall remain in Sequestration, at the Yearly Rent of One Hundred Pounds per Annum, to be apportioned, according to the several Values in each County, by the several and respective Committees there; and the said Rent to the Parliament to be secured to them accordingly, and the Taxes to be paid for the rest or Over-value of the said several Lands by the said Lady: And hereof all Committees in the said several Counties, and said City of Canterbury, and all others whom the same doth or may concern, are to take Notice, and yield a ready and due Obedience thereunto."

Adjourn.

House adjourned till 9^a cras.