House of Lords Journal Volume 7: 13 May 1645

DIE Martis, 13 die Maii.

PRAYERS.

Ds. Grey de Warke, Speaker.

Answer from the H.C.

Doctor Aylett and Doctor Heath returned with this Message from the House of Commons Yesterday:

That they agree to the Business concerning the Lady Hotham and Mr. Peake; touching the rest, they will send an Answer by Messengers of their own.

(Here enter it.)

Walsingham and Baker's Cause.

The Order concerning Sir Tho. Walsingham's Cause was read this Day, and approved of. (Here enter it.)

Colmore, Sheriff of Warwick, Leave to reside in Coventry.

"Whereas, by Order of both Houses of Parliament, Will. Colmore Esquire is appointed Sheriff of the County of Warwicke, who cannot with Safety and Conveniency reside in any Place within the County, but in the City of Coventry: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the said Wm. Colmore, during the Time he shall continue Sheriff of the said County of Warwicke, may dwell and reside in any Place within the County of the City of Coventry, without incurring any Penalty or Danger."

Ordered, That the Concurrence of the House of Commons be desired herein.

Commission from the King, to take up Ships of all: Nations, to be employed against the Parliament.

The Earl of Warwicke reported to this House, That some of the Ships in the Service of the Parliament have taken a Ship, wherein is found Commissions of the King's, and free Passes to all States, to take up Ships, to be employed at Sea against the Parliament."

The Commission under Seal was read.

(Here enter it.)

Message to the H. C. about it; and Colmore's Order;

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

1. To deliver to them the Commissions and free Passes of the King's, concerning the taking up of Ships in Foreign Parts for the taking of Ships of those which are Friends to the Parliament.

2. To desire their Concurrence in the Order concerning Mr. Colmar.

and with Two Petitions.

3. To recommend the Petitions of the Lady Drake and Sir Francis Drake to them.

Wise; for making a Disturbance in Sutton Marsh.

The Counsel of the Earl of Pembrooke's were heard, concerning his Contempt of the Order of this House, concerning disturbing the quiet Possession of Sutton Marsh; and, upon hearing the Defence of Wm. Wise, and Confession of the Counsel that Wise was never served with the said Order, and upon hearing the whole Business: It is Ordered by this House, That the (fn. 1) said Wm. Wise shall be released from the present Restraint he lies now under.

Walsingham and Baker' Cause.

Upon the Report of the Committee of the Customs and Orders of this House, and Privileges of the Peers of this Kingdom and Lords of Parliament, made this Day, in the Cause of Sir Thomas Walsingham Knight, Plaintiff, against Sir John Baker Knight and Baronet, Defendant, "That the Customs and Proceedings of this House, in Causes depending before the Lords in Parliament, are, according to antient Precedents, to be upon Petition and Answer:" It is Ordered, by the Lords in Parliament assembled, That the said Cause shall be proceeded in, and come to a Hearing at this Bar, upon the Petitions and Answer now depending in this House, on Saturday the 24th of this instant May, by Nine of the Clock in the Morning, at which Time all Persons therein concerned are, by their Counsel, to appear and attend the said Hearing accordingly; any former Order of this House for proceeding upon Bill and Answer to the contrary notwithstanding.

Ordinance to free the Estate of Lady Hotham from Sequestration.

"It is Ordained and Declared, by the Lords and Commons in Parliament assembled, That the Estate, as well Real as Personal, of Sir John Hotham Knight, deceased, is hereby taken off, and discharged from Sequestration, from the Day of the Date hereof; and all Committees and other Officers are required to take Notice hereof, and to suffer the Lady Sarah Hotham, late Wife of the said Sir John Hotham, and the Children of them, and either of them, quietly and peaceably to receive and enjoy all the Profits of the said Sir John Hotham's Estate respectively, in every County and Place within this Kingdom where any Sequestration hath been made; and that the full Possession thereof is hereby restored to the said Lady Hotham and the said Children, to be enjoyed by her and them as aforesaid, in as full ample Manner as at any Time formerly hath been by the said Sir John Hotham, or should, or of Right ought to have been, in case no Sequestration had been of the said Estate; any former Orders or Ordinances to the contrary in any Wise notwithstanding."

The King's Commission to Nicholas De Wytt, to fit out a Fleet, for taking the Parliament's Ships, and their Adherents.

"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith &c. To Our Trusty and Well-beloved Nicholas De Witt, Greeting.

"Whereas We have held it very convenient and necessary for Our Service, to arm, or cause to be armed, and set forth to Sea, as many Ships and Vessels of War as possibly We can, for the effectual stopping and breaking off the Commerce and Supplies, by Sea, of such as have taken up Arms and are in Rebellion against Us; and forasmuch as We are well assured of your extraordinary Ability and Experience in Sea Service, and of your very good Affection in these Our Occasions to serve us; We do therefore, by these Presents, constitute, authorize, and appoint you, the said Nicholas De Witt, to set out to Sea a Squadron of Six Ships, or more, fitted and furnished with all Things necessary for War, and them to command in Chief, as you and others which shall associate themselves with you can or may conveniently prepare or provide the same; and We give unto you hereby full Power and Authority to appoint and place under your Command, upon the said Ships or Vessels, such Captains, Masters, Officers, and Mariners, as you shall think fit; and We do command and authorize you, and the several Captains, Commanders, and others associate with or under you, with the said Ships and Vessels, compleatly manned and armed, for Our Service, to do, or cause to be done, to the Rebels, or those who have taken up Arms against us, and their Adherents and Abettors, all possible Damage and Acts of Hostility; to hinder their Commerce and Navigation, and to take and seize them, their Ships, Goods, and Merchandizes whatsoever; and, in case of Resistance, by Force and Arms to subdue, impair, and destroy, their Ships, Vessels, Goods, and all other Things belonging to all and every of Our Subjects whatsoever, who are or shall be in Rebellion against Us, or abet them, or of any others which shall trade with them, to or from any City, Town, Port, Creek, or Place in their Possession, or out of Our Obedience, contrary to Our Proclamations made in that Behalf; and the same Ships and Vessels, together with their Ammunition, Provisions, and Furniture, to take and have as lawful Prize, to be divided and shared amongst you and your Associates, and their several Companies, as you and they shall agree; excepting any Ships or Vessels belonging to Us or Our Royal Navy, now or at any Time in Possession of the Rebels; for which you shall receive from Us the reasonable Value of the same (Our Rights and Dues as of other Prizes being deducted); provided notwithstanding, you undertake to perform and observe as followeth: That, before any of your Ships go out of Harbour, sufficient Security by Bond be given, to Our Use, that neither you, nor any of the Company employed by you, in any of the said Ships or Vessels set out by you or them, rob, spoil, or endamage, any of Our Subjects, or of the Subjects of any of Our Friends or Allies, other than such as shall be found to have abetted the Rebellion against Us, or to have been employed against Us in the Service of the Rebels, or to have traded to or from any Cities, Towns, or Places, out of Our Obedience, contrary to Our Proclamation; as also that you, and the rest associated with or under you, shall, from Time to Time, upon sufficient Notice given of Our Commands, with their Ships, Vessels, and Companies, repair to such Place or Places as We shall appoint, and pursue such Directions, and perform such particular Services, as We shall require, for which you and they severally shall receive such Satisfaction and Reward as shall be reasonable, and agreeable to Our Honour; as also, if you, or any of your Associates, shall take or subdue any of the Ships belonging to Us or Our Navy, upon the First Opportunity to bring the same, together with the Artillery, into some of the Ports under Our Obedience, or immediately to employ the same in Our Service till Our further Commands; and that, in all Prizes whatsoever, before Bulk be broken, or any Thing shared or disposed of, the Ships and Vessels, with their Furniture and Lading, be brought into some Port or Harbour of the Kingdom of England in Our Obedience, and Judgement be given in the Court of Admiralty for the due Taking thereof, except in case of Necessity, by reason of Casualty of the Sea, or Danger of Enemies, you or they cannot with Safety arrive in any of Our Ports and Harbours, in which Cases it shall be lawful for you or them to repair with your Prizes into any Port or Harbour belonging to other Princes or States in Amity with Us, whom We desire to give you free Access, and to be assisting to you, and there to receive Adjudication for the same; and also, whereas We have pleased to remit the Fifteenths or Customs due for Prizes, that you and every of your Associates shall justly pay the Tenths anciently payable to the Admiral, for all Prizes taken, to the Persons appointed in Our Ports to receive the same, to Our Use; or if, in case of Necessity, you shall be inforced into other Harbours, where no Person is authorized to receive the same, that you shall keep a just List or Inventory of all the Particulars of the said Prizes, and remain accomptable to Us for the Tenths, to be paid to Our Use with all convenient Speed: This Commission to endure for the Space of Two Years, and no longer, or until We shall signify our Pleasure to revoke the same.

"In Witness whereof, We have caused Our Great Seal of Our Court of Admiralty of England to be hereunto annexed.

"Given at Oxford, the 19th Day of February, in the Year of Our Lord God 1644, and Twentieth Year of Our Reign."

Pass from the King, for the Captains of the Ships employed against the Parliament.

"CHARLES R.

"Charles, par la Grace de Dieu, Roy de la Grande Bretayne, France, et Irelande, Defenseur de la Foy, &c. À tous Admiraux, Vice Admiraux, Captaines, et Officiers quelqeunques, tant par Mer que par Terre, Salut. Nous vous recomandons particulierment present Porteur, Capitaine du Navire nommé, employé en nostre Service, par nostre Comission specialle, contre nos Subjects Rebelles; vous priant, non seulement de laisser passer librement et seurement ce dict , avec son Navire, Compagne, et Biens, chargez dessus, et de leur permettre laciez libre et seur des tous desouts vostre Comandement ou Resort, mais aussy de leur prester toute Ayde, Faveur, et Assistanc, dont ils pourroi' avoir Besoing, comme À nos sidelles Subjects propres; vouz asseurant, que Nous vous enscaurons tres-bon Gré et aux Occasions semblables vous rendrons volontiers la pareille.

"Donné À Nostre Cour À Oxford, ce 5 Jour de Mars, 1644."

"Die Sabbati, 10 Maii, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Ships fitting out in Flanders against the Parliament.

"Ordered, That Report be made by the Earl of Warwick, to the House of Peers, of the King's Commissions, and other Papers, found in the Hands of Captain Nicholas De Wytt, lately taken in a Flemish Hoy by Captain Mann, that the same may be communicated to the House of Commons by their Lordships; as also to report to their Lordships some Preparations of Shipping in Flaunders, to be employed against the Parliament, under the King's Commission."

King's Commission to the Captains of His Ships to be employed under De Wytt against the Parliament.

CHARLES R.

"Charles, by the Grace of God, King of England, Scotland, Fraunce, and Ireland, Defender of the Faith, &c. To Our Well-beloved , Greeting.

"Whereas, besides Our Fleets already set forth, [ (fn. 2) or to be set forth,] We have held it very convenient and necessary for Our Service, to arm, or cause to be armed, and set forth to Sea, as many more Ships and Vessels of War as possibly We can, for the effectual stopping and breaking of the Rebels Commerce and Supplies by Sea, which (with God's Blessing) is One of the probablest Means to put a speedy End to the Rebellion in this Our Kingdom; and forasmuch as We have received, from Our Trusty and Well-beloved Nicholas De Wytt, an especial Recommendation and Testimonial of your Ability and Experience in Sea Services, and of your good Affections in these Our Occasions to serve Us; We therefore, by these Presents, constitute, authorize, and appoint you, to be Captain and Chief Commander of the Ship, or Frigate, called The, of; authorizing and commanding you, with the said Vessel, compleatly manned and armed for the War, and with such others as shall associate themselves unto you, under the Command of the said Nicholas De Wytt (whom We have constituted Chief Commander of a Squadron of Six or more Ships), for Our Service, to do, or cause to be done, to the Rebels and their Adherents, all possible Damage and Hostility, in their Commerce and Navigation; and, in case of Resistance, to use your best Diligence and Industry during this Rebellion, and (if it shall not exceed the Space of Two Years) to apprehend, sink, fire, or otherwise to impair and destroy, the Ships, Vessels, and Men, their Goods, and all other Things to them belonging, of all and every Our Subjects, who are, or shall be, in Rebellion against Us, or abet them, or of all others who shall trade with them, or to any City, Town, Port, Creek, or Place, in their Possession, and out of Our Obedience, contrary to Our Proclamations, made, or to be made, in this Behalf; all which you may do and perform by virtue of this Our Commission; and also to anchor, victual, and refresh, in any of Our Roads, Ports, and Havens, and from thence again to set to Sea, and to bring the Prizes so taken, with the Papers, Writings, and Evidences, found on Board, without breaking Bulk, into any Port or Haven in Our Obedience and Possession (except, in case of Danger, by Casualty, Stress of Weather, or Peril from the Enemies, you shall be inforced, for Preservation of yourselves, to put into the Ports or Harbours of some of Our Friends or Allies), and to have them adjudged as lawful Prizes, and the same to be divided, parted, and shared; and to do all other Matters and Things agreeable to Our Commission granted by Us to the said Nicholas De Wytt; provided that, before you go on Board with this Our Commission, you enter into Bond, in the Sum of Two Thousand Pounds, to Our Use, to the said Nicholas De Wytt, that you do no Wrong, Violence, or Injury, to any of the Subjects of Our Friends or Allies, or of Our own, other than such as are in Rebellion, or Abettors to the Rebellion against us; but, upon all Occasions; to be aiding and assisting to them; as also to observe such Directions as shall be signified unto you by your Commander in Chief, the said Nicholas De Wytt, for the advancing of Our Service; as also to pay and give Accompt of the Tenths and Customs, or Fifteenths, of all such Prizes taken by you, to the said Nicholas De Wytt, whom We have commanded to answer the same unto Us, in case there shall be in the said Ports nobody authorized by Us to receive and collect the same; and We further charge and command all the inferior Officers and their Mates, and all the Soldiers and Mariners of the said Ship or Frigate, you to obey and observe, as their Captain and Chief Commander, and to receive, execute, and fulfill readily, such Orders and Directions as you shall give them, and all Things tending to the Good and Advancement of Our Service; and that you likewise receive and accomplish such Orders and Directions as you shall receive from your superior Officer for the Time being, concerning the Premises; for which this shall be to you, and every Person employed under you, sufficient Warrant, Commission, and Discharge.

"Given under Our Signet, at Our Court at Oxon, this Fifth Day of March, in the Twentieth Year of Our Reign, One Thousand Six Hundred and Forty-four.

"By His Majesty's Command,

"George Digbye."

Adjourn.

House adjourned till 9^a cras.