House of Lords Journal Volume 7: 17 May 1645

DIE Sabbati, 17 die Maii.

PRAYERS.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Doctor Aylett and Doctor Heath returned with this Answer to the Message sent to the House of Commons:

That they agree to the Letter to be sent to Sir Tho. Fairefaix: (Here enter it.) And to the adding of the Earl of Sarum, and the Earl of Bolingbrooke; and for sending the Committee of the Three Counties to the Common Council of London: And as touching the Petition of the Seamen concerning Free Trade, they will take it into Consideration, and send an Answer by Messengers of their own.

Ld. Dacres's Claim to Lands in Lancashire and Cumberland.

This Day the Lord Dacres presented to this House Three Petitions of Claim, for recovering of divers Lands in Lancashire and Cumberland, which he claims by an ancient Remainder; which the House received.

Report to be made concerning Free Trade.

Ordered, That the Lords of the Committee of both Kingdoms, that are Members of this House, do give Account of the Business referred unto them, concerning Free Trade.

Serjeants who arrested Townshend, the Earl of Denbigh's Servant, released on their Submission.

The Earl of Denbigh informing this House, "That the Serjeants that arrested (fn. 1) Townsend, his Lordship's Servant, though the Protection of his Lordship was shewed them, for which this House sent for them as Delinquents, and are now in Custody; they having submitted themselves to his Lordship, he made it his Request to the House, that they might be released of their present Imprisonment."

Which this House Ordered the same accordingly.

Earl of Carlisle and his Creditors.

The Answer of the Earl of Carlile was read, concerning the Petition of Latham and other Creditors.

(Here enter it.)

Mrs. Stavely allowed Costs of Suit.

Upon reading the Petition of Lucy Stavely, desiring "she may be allowed by this House Expensus Litis."

And it is Ordered, That, upon Sight of this Order, Arthur Stavely her Husband shall pay her Ten Pounds of Expensus Litis. (Here enter it.)

Message from the H. C. for Committees to go to the Common Council, to raise Money for undertaking the Siege of Oxford;

A Message was brought from the House of Commons, by Sir Phillip Stapilton Knight, &c. to this Effect:

To let their Lordships know, that the House of Commons, out of a Desire to put an End to this miserable War, do think it fit that a Siege be laid to the City of Oxford, for to take it, being the Center of our Troubles, there being a (fn. 2) considerable Strength of Scottish and English in (fn. 3) the North, to hinder the King's Army from going Northward, and able to give Him Battle; likwise Affairs are in that good Posture in the West, that the Army there will be able to give Battle to any Forces there; so it will be most advantageous to the ending of the War, to send sufficient Forces to besiege Oxford: To that Purpose, the House of Commons desires their Lordships Concurrence, for the approving of this Design, for the speedy reducing of Oxford; and that the City, at a Common Council, be acquainted with this Design, by some Members of both Houses, on Tuesday next, at Three of the Clock in the Afternoon; and the Reasons of this Design urged, and their concurrent Assistance desired; and further desire, their Lordships would nominate a Number to go to the Common Council, that they may nominate a proportionable Number.

and with a Letter to several Counties, for paying in the Arrears of their Assessments, and raising Recruits for Sir T. Fairfax's Army.

And because that Men and Monies are the only Sinews for carrying on this Design, they have framed a Copy of a Letter, to be sent to the several Counties who are behind in their Payments of Assessments for the Maintenance of Sir Tho. Fairefax's Army, and to further the recruiting of that Army; and (fn. 4) that it may be referred to the Committee of both Kingdoms, to send away these Letters.

Then the said Letter was read, and Agreed to.

(Here enter it.)

Committees to go to the Common Council.

Ordered, That Eight Lords shall be appointed, to join with a Committee of a proportionable Number of the House of Commons, to go to the Common Council of London on Tuesday next, in the Afternoon, at Three of the Clock; videlicet, the Five Lords formerly appointed to be of the Committee for the Three Counties of Oxon, Bucks, (fn. 4) and Berks; and the Earl of Northumb. Earl of Kent, and Earl of Manchester, are now added to be of that Committee.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons, in the Design of reducing of Oxford; and have appointed [* a Committee] of Eight Lords, to join with a proportionable Number of the House of Commons, to go to the Common Council of London; and that their Lordships do agree to the Letter to be sent to the several Counties.

Message to them, for the Earl and Countess of Northumberland to enter upon the Charge of the King's Children,

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

That whereas, by the Votes of both Houses, the Charge and Care of the King's Children is to be committed to the Earl of Northumb. and his Lady, this House doth think fit that the said Earl and his Lady be desired presently to enter upon that Charge and Care, the Countess of Dorsett being now dead; and to desire their Concurrence herein.

Mr. Lovet's Ordinance.

The Order for taking off the Sequestration of the Estate of Mr. Lovett, was read the Third Time, and Agreed to. (Here enter it.)

Coleby, a Pass.

Ordered, That Ric'd Coleby shall have a Pass, to go to Oxford, and come back again, to carry the Earl of Dorsett Word of the Death of his Lady.

Parish Clerks Petition.

The Petition of the Parish Clerks of London was read, and Ordered to be taken into Consideration, where the Goverment of the Church come into Debate.

(Here enter it.)

Eaton, an Ensign, to be released from an Arrest.

Upon reading the Petition of John Eaton, Ensign to Major Sam. Burges, who is arrested, coming up to London about some Business of his own, and is to return to Employment presently:

It is Ordered, That a Habeas Corpus cum Causa immediate be directed to the Sheriffs of London and Midd. to bring the Body of the said John Eaton before the Lords in Parliament.

Earl of Carlisle's Answer to the Petition of Latham & al. his Creditors.

"Reasons presented by James Earl of Carlile, to the Right Honourable the Lords in Parliament assembled; shewing why the Petition of Will'm Latham, and other Creditors of the late Earl, should not be granted.

"It is alledged by the Petition, that 11 Februarii, 1640, by Consent of the now Earl and his Counsel, an Order was made, by the Lords Committees, That the Cause should proceed in Chancery, and all Privilege of his Lordship should be waved.

"To this it is answered:

"1. That the Consent which was, was the Consent of his Counsel, and not of himself; for he was not at the Committee in Person, nor licensed his Counsel to consent to it.

"2. The Scope of that Consent and Order was only to have a Discovery from the now Earl, of the Estate of his Father; and that is satisfied by the Earl's Answer in Chancery.

"3. The Privilege of a Peer cannot be waved or taken away but by the House of Peers, and not by a Committee; for, sitting the Parliament, there is a Public Interest in every Peer in the Realm.

"It is alledged, that the Order of that Committee was afterwards confirmed by your Lordships Order, 8 Junii, 1642.

"To this it is answered:

"1. That the Order, which is vouched to be made by your Lordships, was granted upon the Information of Will'm Latham and others, the Creditors of the deceased Earl, whereunto the Earl of Carlile that now is was never called; and therefore he hopeth his Privilege of a Peer shall not be taken from him upon a Suggestion, without being called to give Answer to that Suggestion.

"2. The Scope of your Lordships Order is no more, but, whereas the Lord Keeper of the Great Seal was gone to Yorke, to whom your Lordships had referred the Cause, that a like Order might be made, to refer it to such Judges as should fit in his room, for the ending and determining of the main Cause; but there is no Touch at all of waving the Privilege of the Earl's Peerage.

"It is alledged, That the Creditors have obtained a Decree against the now Earl, before the Commissioners of the Great Seal, notwithstanding that he insisted upon his Privilege.

"This is confessed; but the Earl, with a Submission to their Authority, still insisteth upon this, That none have Power to take away or suspend the Privilege of a Peer, but this High and Honourable House of Peers.

"It is alledged, That there was no Surprizal at all in obtaining of the Decree against the Earl.

"In Answer to this, the Earl doth humbly offer; Whether a Decree made against him, in a Cause wherein he had examined not One Witness, which was prosecuted whilst he was absent out of the Parliament's Quarters, when his Solicitor was dead, and the Earl had none to follow his Cause, when the Deed of Gift of the deceased Earl's Goods, made to Persons of Trust for the Countess Dowager of Carlyle and the now Earl, was carried away to Oxford by Mr. Parramoure, and could never since be procured back; which, had it been proved, had prevented the Decree against the Earl, as Administrator of his Father's Goods; be not a Decree obtained against this Defendant, for Want of Defence, and by Surprize.

"He humbly concludeth, that he is most desirous that all the Benefit of his Father's Islands, Manors, Lands, Customs, and whatsoever hath been appointed for Payment of his Father's Debts, may be disposed of accordingly; and is sorry that the Trustees have not been more diligent therein: But the now Earl not having a Foot of Land from his Father, or other Maintenance but a little Household Stuff, divided between the Countess Dowager and himself, most of which that came to the Earl's Share is worn out, wasted, or changed; that, through the Default of the Trustees, who have not paid the said Debts, the now Earl of Carlile, who hath no Means left to pay the same, must nevertheless be decreed to pay many Thousand Pounds more than he is worth, or else his Honour, which consists in his Peerage, be laid in the Dust, and his Liberty, which, next to Life, is most precious, be ever restrained; he doth with all Humility offer to your Lordships tender Consideration."

Mrs. Staveley's Petition, for Costs of Suit, in the Cause between her and her Husband.

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

"The humble Petition of Lucy, the Wife of Arthur Staveley Esquire;

"Sheweth,

"That your Petitioner, above Three Years since, exhibited her humble Petition hereto annexed to your Lordships, wherein the Cruelties, Oppressions, (fn. 5) Subornations, and other wicked Practices, of her said Husband, against her and her Parents, are truly set forth; but the Public Affairs of the State not then permitting the Examination of Private Complaints, she desisted, and lived upon Borrowing, and the Charity of her Friends, until January last; and then, enforced thereto by extreme Want, she supplicated your Lordships to vouchsafe One Hour, to hear some few Particulars of that her former Petition, and to afford her some present Relief, to preserve her from starving; whereupon your Lordships, graciously inclining to that her humble Petition, were pleased, on the 20th of February last, upon hearing Counsel on both Sides, to decree, That he should pay her the Arrearages of Fourty Pounds a Year, formerly allotted to her for Alimony by his own Consent, at certain Days, and continue the Re-payment thereof until he should shew legal Cause to the contrary; and at that Time it seemed not good to your Lordships, to enter into the Examinations of his Cruelties, Subornations, and wicked Practices.

"That, on the Tenth of March following, her Husband, continuing his wonted Courses, preferred to your Lordships a scandalous Petition against her, meerly to defame and bar her of all Friends and Means of Livelihood; and on Tuesday the 29th of April, he caused your Petitioner to be served with your Lordships Order, for hearing the Cause on the 29th of this Month, touching your Lordships said Judgement and Decree: She further humbly shews, that her Husband hath for above these Twenty Years oppressed her and her Parents with unjust Suits, in very many several Courts, and hath suborned several Witnesses, and set on Foot sundry foul Practices against her; all which your Petitioner is obliged to make Proof of at this Second Hearing before your Lordships, for the Maintenance of her Charge against him, and your Lordships just Decree, and for her necessary Defence against his said scandalous Petition; but she is utterly destitute of Means or Money to see Counsel, and to support the Charge of this Suit, which will be great, in regard of his Subornations and Oppressions for many Years, in Star Chamber and many other Courts, and by such several wicked Ways so long practised against her; and the Thirty Pounds lately paid her by your Lordships Decree, in Part of the Arrears of her Alimony, being paid to a Creditor in Part of a just Debt, for which otherwise she had been cast into Prison.

"She therefore most humbly prays, it will pleaseyour Lordships to order him forthwith to pay her such a Sum of Money, for retaining Counsel, and preparing her Proofs against the Hearing, as your Lordships in your great Wisdom shall think fit; it being the constant Course of all Courts of Justice, in Cases of this Nature, to allow the Wife Expensas Litis. "And your poor Petitioner shall pray, &c."

Letter to several Counties, for gathering in their Arrears, for reducing the City of Oxon.

Gentlemen,

"The Lords and Commons in Parliament assembled, being very sensible of the Miseries that this Kingdom doth suffer by the long Continuance of this unnatural War, have Resolved, as the most effectual Means, with the Blessing of God, to put an End thereunto, that Oxford shall be presently besieged; having found, by Experience, for these Three Years last past, that the Advantage of that Place, situate in the Heart of the Kingdom, hath enabled the Enemy to have ill Influences upon this City and the Counties adjoining, and to infest all other Parts: This Design, though most necessary, and of great Advantage, cannot be prosecuted without Supplies of Men and Money; we are, therefore, by the Command of both Houses, earnestly to desire you to hasten the Collections, and sending up of the Money, due upon the Ordinance for maintaining of the Forces under the Command of Sir Thomas Fairfax, and the Recruits (the Want whereof is a great Disservice to the Public): These Things have lately been represented to you by the Committee of Lords and Commons for the Army; it being of great Importance, and of present Use for the Siege designed, we are, by both Houses, directed again to press the same, not doubting but the Benefits, which by God's Blessing this whole Kingdom will receive hereby, will quicken all Men's Endeavours to further the great Work;

"And so we rest."

"An Ordinance of the Lords and Commons assembled in Parliament, for the Discharge of the Delinquency of John Covert Esquire.

Ordinance to discharge Mr. Covert of his Delinquency.

"Whereas John Covert Esquire hath been fined at Three Hundred Pounds for his Delinquency, for Payment whereof, by Way of Composition, to the Use of the State, (fn. 6) he hath given such good Security as the Committee intrusted for that Service doth allow of: It is this Day Ordered, Ordained, and Declared, by the Lords and Commons assembled in Parliament, That the Sequestration of all the Estate of the said John Covert shall be, and is hereby, taken off and discharged, from the Eighteenth Day of March; and whereas the said John Covert hath given Security to Major Bridges, by Bond and otherwise, for the Payment of Three Hundred Pounds, by Way of Ransom: It is hereby Ordered, That the said Major Bridges shall deliver up and restore back unto the said John Covert, upon Sight hereof, all Bonds and Writings, together with all the Plate and Jewels, which he received from the said John Covert, by Way of Pledge and Security for the said Three Hundred Pounds, whereof the said John Covert and his Sureties are hereby acquitted and discharged; and all Committees, and other Officers whatsoever employed by the Parliament, are to take Notice hereof, and yield a ready Obedience hereunto accordingly; and, upon the presenting of this Ordinance to the Committees in the several Counties where the Estate of the said John Covert lyeth, he the said John Covert is to be forthwith restored to the Possession of all his Estate and Profits thereof, now under Sequestration, from the said Eighteenth Day of March."

Parish Clerks Petition, to be continued in their Places by the Ordinance depending for settling Church Government.

To the Right Honourable the Lords in Parliament assembled.

The humble Petition of the Master, Wardens, and Assistants, of the Company of Parish Clerks, in and about the City of London, for and on the Behalf of themselves, and of the said Company;

"Sheweth,

"That your Petitioners and their Predecessors have, for many Years past, been a Fraternity, or Society Incorporate, consisting for the most Part of antient Men, having Wives and Families, and no Means of Subsistence or Livelihood, but the accustomed Benefit arising by their Places, for their Services in their several Parishes; and your Petitioners, besides their Attendance and Service in their several Parishes and Places, are enjoined to a Weekly Service for the City and Kingdom, in making up the Weekly Bills of Mortality; for which Purpose, to their great Charge, they do maintain Officers, and a Printing Press, in their Common Hall; and your Petitioners do allow Yearly Pensions to the Prisoners of Newgate, Ludgate, The Marshallsea, and King's Bench, and Quarterly Pensions to poor Widows of their Company, and towards the Maintenance of a Scholar at the University of Cambridge; albeit now of late your Petitioners cannot receive their usual and accustomed Duties, to the great Impoverishing of their said Company.

"Now, forasmuch as your Petitioners are informed, that an Ordinance is in preparing, to pass both Houses of Parliament, for the establishing and settling of Church Government, and for the appointing of Church Officers; and for that your Petitioners are attendant and serviceable to their Ministers and Parishioners in the Affairs and Businesses of the Church, and, in case they should now be displaced, their Corporation will be quite dissolved, themselves, their Wives, and Families utterly undone, and the said Prisoners and Pensioners deprived of their said Pensions:

"Your Petitioners, therefore, do most humbly supplicate this Honourable House, in tender Consideration of the Premises, to look upon them as a Company of poor Men, who, as they humbly conceive that they are and may be useful and serviceable, so they will be ever ready and willing to do such Service, in Attendance upon their Ministers and the Church, as your Honours shall appoint; and that your Honours will be pleased to provide for the Petitioners within the said Ordinance, to continue in their said Places, and to receive their reasonable, ancient, and accustomed Duties, or such other Provision as to your Honours shall seem meet.

"And your Petitioners shall daily pray, &c.

"Thomas Baker, Master.Wardens.
Thomas Price,
Wm. Ashwell,
Thomas Sutton.
John Sam'.
Bazill Smith.
Peter Crew.
Will'm Gastell.
Thomas Addams.
John Heape.
John Rice.
Toby Perks.
John Frethorne.
Mathew England.

Letter to Sir Tho. Fairefax, to oblige the Officers to remain with the Army.

"Sir,

"Whilst you are in the Field, we know the Want of Officers cannot but discourage the Soldiers under their several Charges, and hazard the whole Army upon any Engagement; therefore, to prevent any such Inconvenience, which is very unusual in other Parts, but hath been too common here, we earnestly recommend it to you, to proceed according to the Rules of War against any that shall presume to be absent from their Charges without your own special Licence; and to be sparing in giving Leave to any, but upon extraordinary Occasions.

"Your very affectionate Friends."