House of Lords Journal Volume 7: 25 March 1645

DIE Martis, 25 Martii.

PRAYERS, by Mr. Rayner.

Ds. Grey de Warke, Speaker this Day.

Exportation of Pictures in the Possession of Mr. Andrews stopped, on Mr. Ruthin's Petition.

Upon reading the Petition of Patrick Ruthin Esquire: It is Ordered, That there be a Stop made for the present of the Exportation of the Pictures remaining in the Possession of one Richard Andrewes; and that the Party whom it concerns shall have a Copy of the Petition, and return his Answer thereunto; and, in the mean Time, the Property of the said Pictures is not to be altered, nor sold.

Message from the H. C. with an Ordinance for Sir T. Fairfax to command the Army.

A Message was brought from the House of Commons, by Sir John Evelyn Knight:

To present to their Lordships Consideration an Ordinance, to give Power unto Sir Thomas Fairefaxe to govern the Army; wherein they desire their Lordships Concurrence.

The said Ordinance was Once read; and Ordered, That it shall be read the Second Time on Thursday Morning next, at which Time all the Lords are to be present.

The Answer returned was:

Answer.

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

Edwards, sent to collect the E. of Suff.'s Rents in Shropshire, imprisoned by the Committee there.

Upon Information to this House, "That Thomas Edwards, a Servant of the Earl of Suffolke, having a Pass from the Earl of Denbigh, to go into Schropshire, to receive the Rents of the Earl of Suffolke; and as soon as he came there, the Committee of Shropshire have imprisoned him."

Hereupon this House Ordered, That the said Thomas Edwards shall appear before this House; and that the Committee of Shropshire shall send up Information (fn. 1) to this House, of such Matters as they have to object against (fn. 2) him.

Mrs. Meldrum's Petition, for Arrears due to her Husband.

Upon reading the Petition of Jane Meldrum Widow, late Wife of Colonel John Meldrum; desiring, "she may have the Arrears due to her Husband (fn. 3) paid to her."

It is Ordered, To be recommended to the House of Commons by the next Message.

Bishop to have Three Hand Guns, found in Capt. Gesle's Apartments.

Upon reading the Petition of John Bishop, Blacksmith; shewing, "That, upon the Commitment of Captain Gesse, there were Three Hand Guns found hid in his Rooms at Foxhall, which were the State's, formerly made by the Lord Herbert's Men there, who so ordered the Matter, that, whensoever any of that Kind were made for the King, they were obscured and kept from the Petitioner's Sight, many of which Sort are now made at Oxford, and elsewhere, for the King's Party; that the said Three Pieces are now in the Hands and Custody of Sir Rob't Needham Knight, at Clapham: Therefore the Petitioner humbly (fn. 2) prayeth, that Order may be given, that the said Three Hand Guns may be delivered to the Petitioner, that he may make more of this (fn. 2) Sort for the Service of the Parliament, as well as they at Oxford for the King's Party."

Hereupon this House Ordered, The said John Bishop shall have an Order, to take the said Three Hand Guns into his Possession, for the Use of the State.

Declaration of the H. C. to preserve the Privileges of the Peers.

Next, the Speaker made Report of the Effect of the Conference Yesterday with the House of Commons, concerning the Declaration of the House of Commons, to preserve the Peerage of this Kingdom.

(Here enter the Report.)

And it is Ordered, That these Lords following are appointed to consider of this Report, and to draw up what they think fit to return to the House of Commons in Answer to it:

Committee to prepare an Answer to it.

Their Lordships, or any Three, to meet on Thursday Morning next, at Nine of the Clock; and afterwards as often as they please.

And Mr. Serjeant Whitfield to attend.

Ordinance concerning Shipwrights.

The Lord Admiral presented to this House an Ordinance concerning Shipwrights, which was read, and approved of by this House; and Ordered to be sent to the House of Commons, to desire their Concurrence therein.

Throckmorton, a Clerk of this House, to be continued in his Place at the Customhouse.

Upon reading the Petition of John Throckmorton, One of the Clerks of this House; shewing, "that he having been employed in an Office in the Custom-house these Six Years last past, and is in Danger of losing it, because of his daily Attendance on this House."

It is Ordered, That it is specially recommended from this House to the Committee for the Navy, that he may be continued in (fn. 4) his Place at the Custom- (fn. 5) house, as is desired.

Winstanley versus Sir Robert Heath.

Upon reading the Petition of Edmond Winstanley Gentleman; shewing, "That he addressed himself to the Committee of Lords and Commons for Sequestrations, to be relieved against Sir Rob't Heath, sequestered upon a Judgment for a real Debt recovered by the Petitioner (fn. 6) in Hillary Term last: That the said Committee, being satisfied that the Debt was ancient before these Troubles, due to the Petitioner in Right of his Wife, and not neglected at all by any Defect in Prosecution: That the Committee, not finding within the Letter of the Ordinance how they may properly relieve him without the further Direction, have referred the Petitioner to the further Resolution, of this High Court:

"Therefore the humble Prayer of the Petitioner is, that, in this particular Case, the Committee may be authorized and enabled to give the Petitioner Relief, according to that special Equity which they shall conceive to arise out of the whole Matter."

And this House Ordered, To give Power to the said Committee of Lords and Commons for Sequestrations, to give the Petitioner such Relief as they conceive fit, upon hearing of the whole Matter; and that it be recommended to the House of Commons, to concur herein.

"The Report of the Conference:

Report of the Conference for preserving a good Correspondency.

"Sir John Evelyn said, That the Occasion of this Conference was, upon the Expressions of their Lordships at a late Conference, concerning the happy Correspondency between both Houses, for the better carrying on of this great Cause now in Hand.

"That it hath (fn. 5) been the Endeavour of the Enemy, from the Beginning of this Parliament, to sow Divisions and Jealousies betwixt both Houses; but by the Wisdom of the Houses prevented.

"The House of Commons do take especial Notice of a malicious Scandal spread abroad, of overthrowing the Peerage of England; which the House of Commons do detest and abhor, and say, that, if there be any that dream it necessary to reduce all Things to their First Principles, and know no Way to Perfection but by Confusion, their Thoughts perish with them.

"They cannot forget what your Lordships Noble Ancestors have done, for the purchasing and preserving the Liberties of the Kingdom; nor will they forget wherein your Lordships have out-done them, for the redeeming and recovering of them; wherein your Lordships have denied your Safety, Plenty, and all your Interests, which will ever be acknowledged by the House of Commons.

"That the House of Commons will endeavour to find out the Authors of this Scandal upon them, and will desire your Lordships Concurrence to punish them; the Thing in itself being so contrary to the Laws of Nature, ancient and laudable Customs of all Nations, Grounds of Reason, and Principles of Religion, they hope they shall use no other Argument to satisfy your Lordships, than to tell you, that they that fit in the House of Commons are Gentlemen.

"And that it might appear that this was a fixed Resolution, and no present complimental Civility, he said, he was commanded to read this Declaration, and leave it with your Lordships:

"The Declaration:

Declaration of the H. C. to preserve the Privilege of the Peers.

"The House of Commons, taking Notice of some unworthy Endeavours to asperse the Integrity of their Proceedings, as aiming at the Overthrowing of Peerage, and undermining of the Rights and Privileges of the House of Peers, do unanimously Declare,

"That they hold themselves obliged, by the fundamental Laws of the Land, their several Protestations and Covenant, to preserve the Peerage, with the Rights and Privileges belonging to the House of Peers, equally as their own; and will really perform the same.

"And as, in the First Place, they look to the carrying on that great common Cause of Religion and Liberty wherein both Houses stand mutually engaged, which no Respect whatsoever should make either of them to desert, and which (fn. 7) they will not (God assisting them) suffer to miscarry; so they shall, to these Public Ends, be very careful to preserve a right Understanding between the Two Houses, and will maintain the Right and Honour belonging to the Places and Persons of the Peers of England."

Message to the H. C. with Petitions; &c.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page;

To deliver to them these Particulars following, with the Recommendations according to the Sense of the House upon them:

1. Captain Kettlebye's Petition.

2. Captain Hunckes' Petition.

3. Lady Darcie's Petition.

4. Mrs. Meldrum's Petition.

5. To desire them to expedite the Order for the Prisoners at North'ton.