House of Lords Journal Volume 7: 29 April 1645

DIE Martis, 29 die Aprilis.

Prayers, by Mr. Coleman.

Ds. Grey de Warke, Speaker.

Commissioners for examining Mrs. Blake's Witnesses.

Ordered, That Robert Markes Gentleman, Edward Lovell Gentleman, Wm. Strode of Charlton Gentleman, Wm. Swanton of Som'set Gentleman, John Bisse Gentleman, John Strode Gentleman, Francis Swanton of Wilts Gentleman, shall be added to the Commissioners for examining the Witnesses of Mrs. (fn. 1) Blake. Any Two of them. And the Defendants are to have Notice of it, that so they may join in the said Commission if they will; else they may have the Commission ex Parte.

Herbert to have Time to consider whether he will act as Executor to Alexander's Will; and Davenport's Suit against him stayed.

Upon reading the Petition of Thomas Herbert Esquire, One of the Commissioners for the Army; shewing, "That Henry Alexander Esquire made the Petitioner and his Wife Executors of his last Will, in Trust only, for the Benefit of his Two Children, being Infants, and in Ward to His Majesty: The said Alexander died but Nine Days since, and was buried but on Thursday last; yet, before his Interment, or the Probate of his Will, the Petitioner was served with a Subpoena, to appear in Chancery, at the Suit of James Davenporte his Brother-in-Law, for a meer pretended, and no real Debt, from the said Alexander; but the Bill came not in till Saturday last in the Evening, and, being long, will require much Time to advise thereupon: Now, for as much as the Petitioner is a meer Stranger to the Business, is forthwith to repair to the Army to attend his Service there, and for that the Personal Estate left by the said Henry Alexander (saving some small Goods, of the Value of Ten Pounds, or thereabouts) consists in Debts due by Bond, and the Parties owing the same are now in the King's Quarters, and most of them in actual Arms against the Parliament, and for (fn. 2) that the King's Fine for the said Wardship is first to be raised and satisfied out of that Estate; the Petitioner desireth Liberty for Eight Months, to consult and advise touching the said Will, whether he shall take upon him the Execution thereof; and that, in the Interim, as well the said Suit of the said Mr. Davenporte in Chancery, as all other Suits and Actions (if any shall be commenced touching that Estate, wherein the Petitioner is only intrusted) may be suspended and stayed."

Hereupon it is Ordered, To be recommended to the Commissioners of the Great Seal, to give him some convenient Time, as they shall think fit, in regard of his Occasions, and Attendance in the Army; and also it is referred to Sir Nath. Brent, to give him convenient Time concerning the Probate of the Will.

Lady Knollis to have an Allowance for her Daughter's Fortunes, out of the sequestered Estate of Sir H. Knollis.

Upon reading the Petition of the Lady Katherine Knollis Widow, and of her Two Daughters, Frances and Katherine Knollis; shewing, "That Sir Henry Knollis her Husband, deceased, did provide and leave Three Thousand Pounds for his said Two Daughters Portions; and afterwards dying, leaving Sir Henry Knollis his Eldest Son Executor, who was charged and trusted with the said Three Thousand Pounds, and agreed to pay the Forbearance thereof to the Petitioners: But, since the (fn. 2) said Sir Henry Knollis's Estate is sequestered, the Committee for Sequestrations cannot give Relief herein without special Order of the Houses, whereby the said Lady Knollis hath at her own Charge maintained her Daughters, having very small Estate left, and thereby she is wholly disabled to afford them further Supply, being herself already exposed to many Exigences: Therefore the Petitioners humbly desire, that the Committee may allow either the Two Hundred and Forty Pounds, Forbearance of the said Three Thousand Pounds Yearly, or some such other reasonable Allowance, that so they may be supplied with Maintenance to subsist."

And also upon Report from the Committee of Lords and Commons for Sequestrations, "That their Opinion is, That it is fit the Petitioners should (fn. 3) have Allowance out of the Estate of Sir Henry Knollis, but, by reason they have no such Power by the Ordinance, without further Order of both Houses, to give them any Allowance.

Hereupon it is Ordered, To recommend this Petition to the House of Commons, and desire it may be referred to the Committee of Lords and Commons for Sequestrations, that such an Allowance may be given them, out of Sir Henry Knollis's Estate, as they shall think reasonable.

Col. Butler and Dulbeir to be brought to Trial.

The Earl of Essex moved, "That the House of Commons might be desired, that Lieutenant Colonel Butler and Dulbeir might be brought to a Trial, that so they might be brought to condign Punishment, or acquitted."

And it (fn. 2) is Ordered, That this Business be Part of the next Conference.

Sir J. Hamilton's Ordinance.

The Ordinance for taking off the Sequestration from Sir John Hamilton's Park and Lands, was read the Second and Third Time, and Agreed to.

(Here enter it.)

Message from the H. C. with Ordinances, &c. and with Deputy Lieutenants Names for Suffolk.

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

To desire Concurrence in these Particulars:

1. An Ordinance concerning the relieving the maimed Soldiers, out of the Sequestration-money in the associated Counties, &c. (Here enter it.)

Read Thrice, and Agreed to.

2. That Brampton Gurdon Junior, Esquire, be a Deputy Lieutenant for the County of Suff.

And that Thomas Gipps Gentleman be a Deputy Lieutenant for the Town of St. Edmondsbury, in Suff.

Agreed to.

3. An Order for paying Two Thousand Pounds, out of Haberdashers Hall, for the Garrison of Taunton.

(Here enter it.)

Agreed to.

4. An Order for John Blackston Esquire and others (fn. 4) to be appointed a Committee, for sequestering the Estates of Delinquents in Newcastle upon Tyne. (Here enter it.)

Agreed to.

5. An Ordinance for paying Two Hundred and Fifty Pounds to Sir John Temple, which he lent to Mr. Reynolds and Mr. Goodwin in Ireland. (Here enter it.)

Agreed to.

6. An Ordinance concerning the disbursing of Monies for the Town of Plymouth, &c. by Nathan Wright and Franc. Lenthall. (Here enter it.)

Read Thrice, and Agreed to.

7. An Ordinance to make John White Clerk, Rector of Lambeth, in the Place of Doctor Featly lately deceased, &c. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Letter from the Earl of Leven.

Next, a Letter was reported from the Committee of both Kingdoms sent from General Leven, which was read. (Here enter it.)

Committee to prepare an Answer to it.

Ordered, That the latter Part of the Letter, concerning Sir John Meldrum, be referred to the Committee that are appointed to consider of Persons to supply those Places of Commands in.

Ordered, That the Earls of Northumb. Manchester, Sarum, and Denbigh, and the Lord Wharton, are appointed to draw up a Letter, by Way of Answer to this Letter, and to report the same to this House.

Message to the H. C. to expedite the following Particulars.

A Message was sent to the House of Commons; by Doctor Aylett and Doctor Heath:

To put them in Mind to expedite these Things following, which were sent to the House of Commons formerly; and to deliver divers Petitions to them, with the Sense of the House thereupon:

1. The Recommendations of Sir Anthony St. Johns.

2. Concurrence for Commissions to be given to Commanders for Lyncolnshire.

3. The Lord Blany's Petition.

4. Thomas Bedingfield's Pass.

5. Oliver Browne's Petition.

6. To desire Expedition in the Ordinance for Rutlandshire.

7. To put them in Mind of the Ordinance for the Indemnity of the Inhabitants of the Isle of Jersey, they being expelled there.

8. To put them in Mind of the Petition of Sir Hamond Le Strange, and Clynch.

Fast to be observed.

Ordered, That the Lords do meet at the House To-morrow Morning, at Nine of the Clock, and so go to the Abbey Church at Westm. to the Fast.

Sir J. Hamilton's Ordinance.

"It is this Day Ordained and Declared, by the Lords and Commons assembled in Parliament, That the Sequestration of the Parks, House, and Lands, of Sir John Hamilton's, in the County of Middlesex (fn. 5) "

Ordinance for relieving maimed Soldiers, out of Monies raised in the associated Counties of Essex, Suffolk, &c.

"Be it Ordered, by the Lords and Commons assembled in Parliament, That the Third Part of the Monies raised, or to be raised, out of the Sequestrations, in the Counties of Norffolke, the City of Norwich, Suffolke, Essex, Lincolne, Hartford, Huntington, Cambridge, and the Isle of Ely, lately associated under the Command of the Earl of Manchester, and formerly assigned to the said Earl, shall be received and employed by the Standing Committees in the several Counties, for Relief of sick and maimed Soldiers, Scouts, Intelligencers, and other Emergences, and for the Defence of the said respective Counties; and that the said Committees, or any Five of them, shall have Power to nominate a Treasurer or Treasurers, in their respective Counties, to receive the said Third Part of the said Sequestrationmoney, and to issue out the same for the Purposes aforesaid, by Warrant under the Hands of Five of the said Committees, and not otherwise."

Order for 2000l. for Relief of Taunton.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith advance Two Thousand Pounds, to be employed for the Service and Relief of the Garrison of Taunton; and that Sir Edward Hales's Twentieth Part shall be allowed and employed as Part of this Two Thousand Pounds."

Committee for Sequestration in Newcattle.

"Ordered, by the Lords and Commons in Parliament assembled, That John Blakiston Esquire, Henry Warmouth Esquire, Mr. Henry Dawson, Mr. John Cosins, Mr. Edward Man, Mr. Edward Wood, Mr. William Dawson, Mr. Ralph Fewler, Mr. George Dawson, Mr. George Fenwicke, Mr. Thomas Ledyerd, Mr. Robert Ellison, Mr. Christopher Nicholson, and Mr. Thomas Bonner, be appointed a Committee, for sequestering the Estates of Delinquents in Newcastle upon Tyne."

Order for the Commissioners of Excise to re-pay themselves 250l. advanced to Sir J. Temple, lent by him to the Committee in Ireland.

Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Hundred and Fifty Pounds, for Payment of the Monies due to Sir John Temple, which he lent to Mr. Reynolds and Mr. Goodwin, when they were on the Service of the Parliament in Ireland: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse themselves the said Sum of Two Hundred and Fifty Pounds, together with Interest for the same after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned upon the Office of Excise shall not fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and the Receipt of the said Sir John Temple shall be a sufficient Discharge for the said Two Hundred and Fifty Pounds to the said Commissioners in that Behalf.

Ordinance for Mess. Wright and Lenthall to re-pay themselves 5000l. advanced for Plymouth, &c. out of the Duties arising at those Places:

Whereas Nathan Wright and Francis Lenthall, of London, Merchants, are, by several Ordinances of Parliament in that Behalf made and provided, appointed to collect, receive, and take, certain Duties imposed upon Merchandize, by Authority of Parliament, to be employed for and about the Defence of the Town and Port of Plymouth, Island of St. Nicholas, and Towns of Poole, Lyme Regis, and Places adjacent; and whereas, by another Order of both Houses of Parliament, the said Nathan Wright and Francis Lenthall are appointed Treasurers also of the said Sums of Money so collected and received; and whereas the said Nathan Wright and Francis Lenthall, at the Instance and Request of the Committee of Lords and Commons appointed for the Safety of the said Places, have lent and advanced, for the Supply of the urgent and pressing Occcasions of the Commonwealth and the Parts aforesaid, the Sum of Five Thousand Pounds, to be continued from the First of May, 1645; until the 29th of September next following, to be re-paid, with Interest after the Rate of Eight per Cent. for a Year, and to be secured by and according to this Ordinance, with such Clauses as are herein expressed: Be it therefore Ordained, by the Lords and Commons in this present Parliament assembled, and by Authority of the same, That the said Nathan Wright and Francis Lenthall, and the Survivor of them, his or their Executors or Assigns, shall be Collectors and Treasurers of the aforesaid Duties and Sums of Money, to be levied and received as aforesaid, until the said Five Thousand Pounds with Interest as aforesaid and Charges (by this Ordinance allowed) be fully re-paid, according to the true Intent and Meaning hereof; nevertheless the said Collectors and Treasurers shall, from Time to Time, pay and dispose of all such Monies as shall be received before the 29th of September aforesaid, by virtue of the aforesaid Ordinances (Charges and Allowances deducted), in such Manner as the said Committee, or any Five of them, under their Hands, shall direct; and upon the said 29th of September, or within Ten Days next after, shall tender and give unto the said Committee a true and perfect Accompt in Writing; and what shall be then remaining in their Hands (Interest and Allowance deducted) shall be issued and paid according to the Directions of the said Committee as aforesaid; and the said Treasurers, or the Survivor of them, his or their Executors or Assigns, shall, upon the First Day of January next, or within Ten Days then next after, make another Accompt, in like Manner, of all such Monies as shall be collected, and come to their Hands, from and after the said 29th of September, until the said First Day of January, and shall retain in their Hands so much as shall be by them collected, first towards Payment of their Charges and Interest after the Rate of Eight Pounds per Cent. and afterwards of so much of the Principal as the Receipt will amount unto, which shall be supplied and made up out of such Monies as shall become due and payable from and after the First of January aforesaid; and in case any Surplusage remain in their Hands upon the First of January, the same to be paid and disposed according to the said former Directions; and the said Treasurers shall, at the End of every Three Months successively after, give an Accompt unto the aforesaid Committee; and, after Satisfaction of the said Five Thousand Pounds, together with Interest and Charges, shall, from Time to Time, pay the whole Residue and Remainder of their Receipts, as the said Committee, or any Five of them, shall appoint, as aforesaid: And be it further Ordained, That the said Committee, or any Five of them as aforesaid, or such as they shall appoint in that Behalf, shall audit and examine the Accompts of the aforesaid Treasurers, Nathan Wright and Francis Lenthall, for all Monies as well received as paid, for the Time past as for the Time to come; and whatsoever shall be approved and allowed by the said Committee, or any Five of them, as aforesaid, under their Hands, shall be a sufficient Discharge to and for the said Collectors and Treasurers, their Heirs, Executors, and Administrators, without any further Accompt or Reckoning to be made or given to any other Person or Persons whatsoever; any Order or Ordinance of both or either Houses of Parliament to the contrary notwithstanding: And it is also Ordained, That the said Treasurers, Nathan Wright and Francis Lenthall, for and towards the Charges of the said Collection, be allowed, and shall detain in their said Accompts, Six Pence in the Pound, for all the Charges of the Collection, Treasurership, and otherwise, of the said Duty and Custom: And be it further Ordained, That the said Collectors and Treasurers be secured and saved harmless, by Authority of both Houses of Parliament, in what they shall do in Execution of the Premises: Provided always, That as touching the Duty hereby imposed, there be no Deduction nor Defalcation of Fifteen Pounds per Cent: And be it further Ordained, That the Customers, Comptrollers, and other Officers whom it may concern, do take particular Notice of this Ordinance, who are to pass no Entry until the said Duties levied and imposed by several Ordinances of Parliament for the Use and Purpose aforesaid, over and above the present and future Customs and Duties, be duly satisfied and paid to the said Collectors, or their Deputies, and signified under their Hands in Writing, according to the true Intent of this present Ordinance.

Ordinance for Mr. White to be Rector of Lambeth.

"Whereas the Church of Lambeth, in the County of Surrey, is lately become void, by the Death of Daniell Featly, Doctor of Divinity; the Charge whereof, by Order of the Committee for plundered Ministers, was, in the Life-time of the said Doctor Featly, committed to John White Master of Arts, One of the Assessors of the Assembly of Divines, for Causes in the said Order expressed, with Power to receive and take all the Profits to the Rectory of Lambeth aforesaid belonging; and whereas the Patronage of the said Church, in the now Vacancy of the See of Canterbury, belongeth of Right to the King's most Excellent Majesty, is now, by Way of Sequestration, in the disposing of the Houses of Parliament now assembled: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the said John White shall be and continue Rector and Incumbent of the said Church of Lambeth, and have, receive, and take, all the Tithes and other Profits to the said Rectory belonging.

Letter from the Earl of Leven, about his sending Assistance to Sir W. Brereton; and recommending Sir J. Meldrum to be employed.

"For the Committee of both Kingdomes, London.

"Right Honourable,

"I received your Letter, with the inclosed Intelligence, giveing Notice of the Two Princes Retourne towards Chester; and therefore desireing that Generall Leiuetenant Lesley might bee ordered to apply tymely Assistance to Sir William Brereton, whome I had appointed to repaire to that Party under his Commaund, and dilligently to enquire of the Enemye's Strength and Motions; and thereafter, as their Forces should inclyne, to behave himselfe as the Weale of those Parts most concerned and the Publique Safety should require: But I conceive, whatever Way they direct their Course, little Addition of Strength may bee expected, either from the Lord Fairefax or Sir William Brereton; and that the Enemye's combined Power (if a Part thereof bee not otherwise diverted) will bee to unequall to deale with and encounter. I shall use all Endeavours to hasten the advanceing of this Army, some Regiments whereof have now listed, and are moveing already towards their appointed Randezvous; and could with that the Enemye's Forces might not bee suffered altogether to direct their Forces to these Northerne disaffected Partyes, where they may possibly collect too much Strength. I shall desire alsoe that now, when Sir John Meldrum is in the Way of Recovery, and as done soe many good Offices to the Publique, there might bee Care taken how to make Use of him in these Tymes. And thus for the present I remaine

Newcastle, the 22th Aprill, 1645.

"Your Lordship's humble Servant,

"Leven."

Col. Carleton's Petition, for Protection against some of his Creditors, who refuse taking a Composition under a Statute of Bankruptcy against him.

"To the Right Honourable the House of Lords now assembled in Parliament.

"The humble Petition of Samuell Carlton, Lieutenant Colonel;

"Humbly sheweth,

"That your Petitioner, for Defence of the true Protestant Religion, Privileges of Parliament, and Laws of the Kingdom, took upon him the Public Service very early, as Lieutenant Colonel in the Regiment commanded by Colonel Langham, raised by the Militia of London, and (fn. 6) aided and continued until the last under the Command of his Excellency the Earl of Essex: By which Discontinuance from his Trade, and through Neglect of his Servants at Home, hath not only spent and consumed much of his Estate, but, by reason of the Enemy's plundering most of his Debtors in the West and North, where a great Part of his Estate lay, and by divers other Losses, your Petitioner is become unable at present (as Things now stand) to satisfy and presently to pay all his Creditors their just Debts; your Petitioner's Creditors having taken a Commission of Bankrupt against your Petitioner, who hath been voluntarily examined before them upon his Oath, and fully satisfied them touching all the Particulars of his Estate, being most willing they should enjoy all he hath for their Satisfaction; yet there are some Two or Three Creditors, who refuse to take Part with the rest of the Creditors, are so bent against your Petitioner, as he humbly conceiveth, for no other Cause, but because he hath been a Soldier for the Parliament, as that he is likely thereby to be cast in Prison, and there, without your Honours Clemency and Favour, to rot and perish; and his Wife and Children, whose Livelihood depends upon his Endeavours, to suffer Want and Misery.

"Wherefore he most humbly prayeth, that since there is great Arrears due by the State unto your Petitioner for his Personal Pay, that your Honours Clemency and Favour may be so far vouchsafed unto your Petitioner, as that your Honours will direct and order that he may enjoy his Liberty as hitherto he hath done.

"And he shall ever pray, &c.

"Samuel Carleton."