House of Lords Journal Volume 7: 26 October 1644

DIE Sabbati, 26 die Octobris.

PRAYERS, by Dr. Smyth.

Ds. Grey de Warke, Speaker.

E. of Arundel's Order.

The Order concerning the Earl of Arrundell was read, and approved of.

Serj. Bartley to attend the Cause about repairing Bowbridge.

The House being informed, "That Serjeant Bartley is of Counsel with the King, against Sir John Nulls, for the repairing of Bow-bridge, and the High Way between that Bridge and Stratford Langton: The Cause comes to be tried at the King's Bench Bar the next Tuesday: The Gentlemen of Essex, that follow the Business for the King against Sir John Nulls, have desired that the Serjeant may be at the Trial: He is fearful that it will offend this House: Therefore his Desire is, their Lordships would be pleased to give him Leave to be at the Trial."

Which this House gave him Leave to do.

Copeland to bring in Writs of Error.

Upon reading the Petition of Wm. Copeland, Master and Part Owner of the Ship called The Robert Bonaventure of London; shewing, "That as well by the ancient Course of the Common Law, as also by the express Words of the Statute of 31° Eliz. every Subject, whether (fn. 1) Plaintiff or Defendant, that findeth himself aggrieved by any Judgement given against him in the King's Bench, may sue in the High Court of Parliament for the Reversal of any such Judgement: and the Statute saith, in express Words, That it hath been so formerly used and accustomed; And the Pe titioner humbly conceiveth, that every Subject ought to have, upon his Prayer, a Writ of (fn. 2) Error against a Judgement in the King's Bench, returnable before the Lords House in Parliament; and that the Precedents run so accordingly.

"And because the Petitioner conceiveth that manisest Error is in the Judgement given against him; he humbly beseecheth their Lordships to give Order, that he may have Two Writs of Errors allowed him, according to the ancient Course, and according to the said Statute, returnable in this House."

Hereupon this House Ordered, That the Petitioner shall have Two Writs of Error, according to the usual Course and the Statute, to be returned into this House by this Day Fortnight.

Answer from the H. C.

The Messengers sent Yesterday to the House of Commons return with this Answer:

That they agree that (fn. 3) the Lord Admiral be added to the Committee that are appointed to treat with the Commissioners of the Church of Scotland.

Report of the Conference on the Propositions for a Peace.

The Speaker reported the Effect of the Conference Yesterday with the House of Commons; which was, "To present to their Lordships the Propositions for a safe and well-grounded Peace."

The Propositions were read presently, as they were now brought up.

Message from the H. C. for Committees to enquire after the Ld. General's Health;

A Message was brought from the House of Commons, by Mr. Wm. Strode and others:

To let their Lordships know, that they understanding of some Indisposition of the Lord General's Health, that he labours under some Sickness, they have thought it fit, considering the Lord General is a Person of so much Desert, to send the Lord Grey and Sir Nevill Poole, Members of their House; to see how he doth, from their House; and they refer it to their Lordships, whether they please to send a Member of their Lordships from this House.

Ordered, That this House appoints the Earl of Stamford, to go to the Lord General, from this House.

with the Wharfingers, &c. Petition, about coming through Palace Yard;

2. A Petition, presented to the House of Commons, from the Brewers and Woodmongers in Westm. concerning The Chayne, in The Ould Pallace; and the House of Commons desires their Lordships Concurrence, that The Chayne may be pulled down.

and for Sir J. Brampston to be consulted about Lord M'Gwire's Trial.

3. To desire their Lordships to order, That Sir John Brampston Knight, Assistant to the House of Peers, may meet with the Judges, and be consulted with by the Members of the House of Commons, and the Counsel appointed for the Trial of Macguire and Mac Mahon.

Agreed to, and Ordered accordingly.

The Answer returned was:

Answer.

That this House hath nominated the Earl of Stamford to go, from this House, to the Lord General, with their Members, to visit him, and tender the Respects of the Houses to him.

And that this House agrees to the Order concerning Sir John Brampston Knight.

And concerning The Chayne in The Ould Pallace, their Lordships will send an Answer by Messengers of their own.

Ordinance concerning Rutland.

Ordered, That the Committee concerning the Ordinance for Rutlandshire shall not meet until the Return of the Earl of Stamford.

Propositions for a Peace.

Then the House was adjourned into a Committee during Pleasure, to take into Consideration the Propositions for a safe and well-grounded Peace.

E. of Arundel's Order, to quiet him in his Possessions.

"25 Oct. 1644.

"Upon Report this Day made to the House of Peers, by the Lords Committees, upon the Petition of Wm. March Gentleman, Servant to the Right Honourable the Earl of Arundell and Surrey, and employed by his Lordship in his Estate, he being beyond the Sea; and the Affidavit of John Griffith Gentleman, another Servant of the said Earl's, and employed about his Lordship's Estate in the several Counties of Yorke, Nottingham, and Derby: It is this Day Ordered, by the Lords assembled in Parliament, That Notice shall be forthwith given from this House, to the Committees for Sequestrations within the several Counties of Yorke, Nottingham, and Derby, Surrey, Sussex, Salop, and all other Counties where any of the Estate of the said Earl lieth, that the said Earl, being a Peer of the Realm, and Member of the House of Peers, is assessable only by the Lords in Parliament, and not elsewhere; and that he hath been assessed by their Lordships for his Fifth and Twentieth Parts of his whole Estate, which Assessment is paid accordingly; and therefore he ought not to be assessed for the same by any other Person or Persons whatsoever; and that such Committees and others shall forthwith, upon Sight hereof, make Restitution and full Satisfaction to the said Earl's Agents, for all such Money and Goods as they, or any of them, have received for his Fifth and Twentieth Part: And it is further Ordered by their Lordships, That none of the said Committees, or any by them authorized, or employed under or for them, shall seize on, or dispose of, any the said Earl's Lands, Rents, Tithes, Goods, or Estates, for any supposed Delinquency in the said Earl, who went beyond the Seas by Leave of the Parliament, and hath in all Points conformed himself to the Orders and Ordinances of both Houses; and if any such be seized on, or disposed of, that the same be forthwith, upon Sight of this Order, restored, or Satisfaction given to the said Earl's Agents and Servants; and that no Person or Persons whatsoever shall fell or cut any of the said Earl's Timber or Woods, in any Place whatsoever; and what hath been unduly cut heretofore, shall be immediately paid for; and that none of his Parks, Chaces, or Forests, shall be destroyed or wasted, either by killing of the Deer, or pulling down of the Pales belonging to the said Parks, Chaces, or Forests, or any of them; and as touching his Lordship's Tithes and Rents, and other Debts detained from him, within the Parish of Glossopp, in the County of Derby, or elsewhere, and the Farm detained by Thomas Warehurst, and all other Differences between his Lordship and private Persons, his Lordship and his Agents are left at Liberty to take their Remedy at Law for the same, as Counsel shall advise: And it is Ordered, That in Case the said Committees, or any of them, or any others, shall not yield his or their Obedience to this Order, and every particular Clause therein contained, upon Notice thereof given to those whom it may concern, that then he or they shall appear before the Lords in Parliament, to shew Cause why they obey not the same; which if they refuse to do, it will be taken for a Contempt to this House: And lastly it is Ordered, That all Commanders, Colonels, Captains, Soldiers, and other Officers, under their Excellencies the Earl of Essex and Lord Fairefax, and all Captains of Trained Bands, and other Officers, under them, or either of them, shall be aiding and assisting to the said Earl and his Agents, (fn. 4) in the Execution of this Order."

Ordinance about cutting his Timber, near Arundel Castle, for repairing the Castle, &c.

"Whereas a Letter of the Committee of Lewis, in the County of Sussex, directed to the Speaker of the House of Peers, was this Day read, acknowledging their Receipt of an Order of this House, dated the 31th of August, 1644, to prevent the cutting, felling, or carrying away, of the Earl of Arundell's Woods or Timber, in or near Arundell, in the said County of Sus sex; and that one James Vine, and others therein named, should not only forbear to cut any Woods, but should make Restitution to the Earl's Agents for such as they had already cut, as amongst other Things in the said Order appeareth; and whereas also an Order of the said Committee was likewise this Day read, authorizing Colonel Morley, Governor of the said Castle of Arundell, under whom the said Vine is employed, to fell, cut down, sell, and dispose of, the Wood and Timber of the said Earl's, for the Reparation and Fortification of the said Castle, as in the said Order is expressed: Now, forasmuch as by no Ordinance of Parliament, or otherwise, any such large Power is given to any Committee whatsoever, to cut, sell, or dispose of, the Woods or Timber of any Person conforming to the Obedience of the Parliament, (fn. 5) which the said Earl of Arundell hath in all Things fully done; and for that the said Order of the 31th of August was made by this (fn. 6) House upon great Deliberation, and according to Equity and Right; it is Ordered, by the Lords in Parliament assembled, That the said Order is hereby ratified and confirmed in all Points; but, that all Things may be done for the Service of the State herein, the Security of the Castle, and the Peace and Safety of those Parts timely provided for, it is further Ordered, That Sir Thomas Pelham, Colonel Morley, Colonel Stapley, and Sir Thomas Parker, or any Two or more of them, shall make Review, both of the said Castle, as also of the Woods growing beyond the Pond at the North West Side of the Town, being alledged in the Committees Order to be dangerous to harbour an Enemy; who are to certify under their Hands what Repairs and Fortifications (fn. 7) are needful for the Castle, and of what Consequence the cutting down of the said Wood will be; whereupon this House will give such further Direction herein as shall be meet."

Adjourn.

House adjourned till 9^a, Monday next.