House of Lords Journal Volume 7: 19 April 1645

DIE Saturni, 19 die Aprilis.

PRAYERS, by Dr. Smyth.

Ds. Grey de Warke, Speaker.

Walsingham and Baker.

Upon reading the Petition of Sir Thomas Walsingham: (Here enter it.) It is Ordered, That Sir John Baker shall have a Copy of it, and return his Answer on Monday Morning next.

Beddingfield, to have Leave to go beyond Sea.

Upon reading the Petition of Thomas Bedingfield, Prisoner at Lynn: It is Ordered, That the Concurrence of the House of Commons shall be desired to the Pass this House formerly granted him, to travel beyond the Seas.

Ordinance to settle a Preaching Ministry in the North.

Next, the Ordinance was read Twice, for settling a Ministry in the Northern Parts; and Ordered to be committed to a Committee of the whole House, to be considered of on Monday Morning next.

Ordinances from the H. C. for Concurrence.

Next, the Ordinance to give Power to the Members of the Houses, that are of the Committee of both Kingdoms, to give Commissions, was read Thrice, and Agreed to. (Here enter it.)

The Order was read Thrice, for continuing the Ordinance for Midd. of the 25 of October last, and Agreed to. (Here enter it.)

Next, the Ordinance for the Waiters Oath was read Thrice, and Agreed to. (Here enter it.)

The Ordinance for Sir Henry Vane Senior to be added to the Commissioners of both Kingdoms residing in the Scotts Army, was read Thrice, and Agreed to.

(Here enter it.)

The Order to pay Two Thousand Pounds for the Prince Elector's Use, was read, and Agreed to.

(Here enter it.)

The Ordinance for improving the Allowance to the Ministers of Howden, in the County of Yorke, was read Thrice, and Agreed to. (Here enter it.)

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer, sent Yesterday to the House of Commons:

That they agree in the Alteration of the Quorum in the Ordinance concerning Commissioners for the Admiralty; and concerning Mr. Samuell's Petition, they will send an Answer by Messengers of their own.

Message from thence, with an Order.

A Message was brought from the House of Commons, by Mr. Greene, &c.

To desire their Lordships Concurrence in these Particulars:

1. The Order for the Allowance of the Three Thousand Pounds to the Earl of Northumb. for his Subsistence.

(Here enter it.)

Agreed to.

for Mr. Feilder to be Governor of Farnham;

2. To desire Concurrence, in the Nomination and Approbation of John Feilder Esquire, to be Governor of Farnham Castle.

Agreed to.

and for the Commissioners of the Navy to consider of a Person to command the Fleet.

3. To desire that the Lords Commissioners for the Navy may meet with the Commissioners of the House of Commons, to consider of a Person fit to command the Navy in Chief, this Summer's Fleet.

The Answer returned was:

Answer.

That this House agrees in the Order concerning the Earl of Northumb. and for appointing Mr. Feilder to be Governor of Farnham; and that the Lords Commissioners for the Admiralty are appointed to meet at Three a Clock this Afternoon, in the Painted Chamber.

Sir T. Walsingham's Petition, to try his Title at Law, in the Suit between him and Sir J. Baker.

"To the Right Honourable the Lords in the High Court of Parliament assembled.

"The humble Petition of Sir Thomas Walsingham Knight, a Member of the House of Commons;

"Sheweth,

"That your Petitioner, acknowledging your Honours Favours in several Hearings vouchsafed him, upon his Complaint against the Injustice of a Decree made against him and others in the Court of Exchequer, wherein hath been long debated by Counsel, whether a Reversal of the same shall or may be had by your Lordships, upon a Petition, without a Bill:

"Your Petitioner's Suit before your Lordships not being, for the present, to avoid the Decree as to Sir John Baker's Possession of the Lands in Question decreed; but only to be freed of the Restraint of a Clause in that Decree, which bars him to try his Title at Law, which is nor ought to be for ever barred by a Decree in a Court of Equity; your Petitioner, to ease your Lordships of any further Trouble herein,

"Humbly prayeth, that your Petitioner, without disturbing the Possession decreed, may, by your Honourable Order, be permitted to try his Title at Law; which in case it go against your Petitioner, the Matter will be in Peace; if with him, your Petitioner shall then attend your Lordships Judgement for the Equity decreed, to be then determined in such Way as to your Lordships Judgement shall be thought fit.

"And your Petitioner shall ever pray, &c.

"T. Walsingham."

Committee of both Kingdoms to grant Commissions for Governors appointed by both Houses.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Members of both Houses of Parliament of the Committee of both Kingdoms, or any Five of them, shall have Power and Authority, and are hereby appointed, to grant Commissions to all such Governors, Captains, and other Officers of Forts, Castles, or other Military Places and Commands, as are, or shall be, thereunto nominated and approved by both Houses of Parliament: Provided, That this Ordinance shall not take Effect where any such Power is already granted by Ordinance of Parliament now in Force."

Ordinance to continue the Militia of Middlesex.

"Whereas, by the Ordinance of Lords and Commons assembled in Parliament, of the 25th of October last, for the ordering of the Militia of the County of Midd. it is provided, That the said Ordinance shall continue, and be in Force, but for Six Months, and no longer: It is this Day Ordained and Declared, by the said Lords and Commons, That the said Ordinance shall still continue, and be in full Force and Power, for Twelve Months longer; any Thing in the said Ordinance to the contrary thereof in any Wise notwithstanding."

Oath to be taken by Waiters, &c. for Customs and Excise.

"You shall well and truly swear, That you shall true Faith and Obedience bear and yield unto both Houses of Parliament; and that, from henceforth, you shall well and truly use and behave yourself, in all Things as it belongeth to a Waiter to do; and you shall not see nor know of any Manner of Merchandizes, coming from the Ports beyond the Seas, to be laid on Land, or disposed of, without Bill or Warrant of the Officers of the Customs, and Officers of the Excise, appointed thereunto respectively; but shall seize the same, according to the several Statutes and Ordinances provided in that Behalf respectively, until such Time as you have given Notice to the Commissioners and Officers of the Customs and Excise; to the End the Custom, Excise, and other Duties, be duly paid, and due Proceedings against the said Goods and Merchandizes accordingly: And this you shall well and truly observe and keep.

"So help you God."

All other Officers of Customs and Excise to take the Oath.

"Ordered, by the Lords and Commons in Parliament assembled, That all other Officers employed about the Affairs of the Customs, or Excise, in any Port of this Kingdom, &c. shall take the like Oath, mutatis mutandis; and the Customers and Comptrollers of the several Ports are hereby authorized and required to administer the said respective Oaths to the respective Officers accordingly."

Sir H. Vane, Sen. added to the Committee with the Scots Army.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir Henry Vane Senior be added to the Committees or Commissioners of both Kingdoms appointed to reside with the Scottish Army."

Order for 2000l. to the Prince Elector.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Two Thousand Pounds, out of the First Monies that shall be brought in by the Committee of Accompts, next after the Assignments and Engagements already passed upon such Monies, shall be advanced and paid to James Harrington Esquire, upon Accompt, for Supply of the urgent Necessities of the Prince Elector; and that a Receipt under the Hand of the said James Harington shall be a sufficient Discharge for the same."

Ordinance for the Minister of Howden, in Yorkshire, to be appointed by the Assembly; and his Allowance increased.

"Whereas the Parish of Howden, in the County of Yorke, is a very great and populous Parish, consisting of Fifteen several Towns and Hamlets at the least, and the Parsonage thereof Impropriate, the Curate and Preaching Minister there having only a Stipend of Thirty Pounds per Annum, payable out of the Exchequer; the Curate being dead, and the Preaching Minister neglecting his Duty, whereby that great Congregation is destitute of both: Which the Lords and Commons in this present Parliament assembled taking into Consideration, do Order and Ordain, and it is Ordered and Ordained, by the said Lords and Commons, That there shall be an able, learned, and orthodox Divine placed in the said Parish, to be approved of by the Reverend Assembly of Divines; and that over and besides the said Thirty Pounds forth of His Majesty's Revenue, there shall be Yearly paid unto him, out of the Possessions of the Dean, and Dean and Chapter of Yorke, upon the 29th of September, and the 25th Day of March, by even and equal Portions, the Yearly Sum of Seventy Pounds; the First Payment thereof to begin upon the 29th Day of September, 1645.

"And it is further Ordered and Ordained, That the Commissioners of Parliament residing at Yorke, or any Two of them, shall pay the same accordingly; for which, this Ordinance shall be to them, and every of them, a sufficient Warrant in that Behalf: Provided, That this Ordinance shall only continue, and be in Force, until both Houses of Parliament shall make further or other Order therein, and shall dispose of the Lands and Revenues of the Deans and Chapters in relation unto a general Provision for a Preaching Ministry throughout the whole Kingdom."

Order for 3000l. per Ann. to the E. of Northumberland, as Governor of the King's Children.

"Upon Report made from the Committee appointed to regulate the Family of the King's Children, and consider of putting them under the Earl of Northumberland and his Lady: It is Ordered, by the Lords and Commons in Parliament assembled, That both Houses do agree with the Committee; and do Order, That Three Thousand Pounds per Annum be allowed to the said Earl of Northumberland."

Mr. Feilder to be Governor of Farnham.

"The Lords and Commons in Parliament assembled do hereby nominate and approve of John Feilder Esquire, to be Governor of Farnham Castle."

Ordinance appointing a Committee for the Admiralty and Cinque Ports.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Algernon Earl of Northumb'land, Phillip Earl of Pembr. & Mountgom'y, Robert Earl of Essex, Rob't Earl of Warwick, Will'm Viscount Say & Seale, Dudley Lord North, Denzill Holles Esquire, Sir Walter Erle, Sir Christofer Wray, Sir Phill. Stapleton, Sir John Evelyn Junior, John Seldon Esquire, Doctor Thomas Eden, Bulstrode Whitlock Esquire, Giles Greene Esquire, John Lisle Esquire, John Rolle Esquire, and Allex'r Bence Esquire, shall be a Committee of Lords and Commons; and they, or any Five of them, sitting the Committee, are hereby authorized and enabled to do and execute all such Things as appertain to the Office of Lord High Admiral of England, and Lord Warden of the Cinque Ports, in as ample Manner, and to all Intents and Purposes, as the Lord High Admiral, or Lord Warden of the Cinque Ports, have used, and ought to do, for the Good and Safety of the Kingdom, and due Government of the Affairs and Persons belonging to the said Offices; which Committee have Power and Authority to nominate and appoint all Commanders and Officers to be employed in the Admiralty and Navy, and to present them to both Houses for their Approbation: Provided, and it is hereby Ordained, That this Ordinance, and every Clause therein contained, shall remain and be in Force until the First Day of October next coming, and no longer."

Dent, Countess of Manchester's Servant, Privilege.

Ordered, That Rob't Dent, a menial Servant of the Countess Dowager of Manchester, being arrested, and detained in Custody, contrary to the Privilege of Parliament, shall be released upon Sight of this Order.

Adjourn.

House adjourned.