House of Lords Journal Volume 7: 22 May 1645

Die Jovis, 22 die Maii.

Prayers, by Mr.

Ds. Grey de Warke, Speaker.

Walsingham and Baker's Cause.

Ordered, That Sir Tho. Walsingham's Cause against Sir John Baker shall be deferred till Monday come Sevennight, the 2 of June, whereof Sir John Baker is to have Notice.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the referring of the Petition of the Inhabitants of Twickenham and Isleworth to the Committee of Lords and Commons for Sequestrations; to all the rest of the Particulars of that Message, they will send an Answer by Messengers of their own.

Paper from The States Ambassador, for an Answer to his former One, to preserve a good Correspondence between the Nations, and about Restitution and Satisfaction for some of their Ships detained here.

The Speaker acquainted this House with a Letter, which he received from The States Ambassador, which was read, translated in English, as followeth:

"My Lord,

"Your Lordships may remember, that, upon the 2 / 12 of this Month of May, I did, by Order of my Lords The States Generall of The United Provinces of Netherland, remonstrate to both the Honourable Houses of Parliament of England assembled at Westminster, such Things as did concern the Good of both Nations, the English, (fn. 1) and that of the said United Provinces; to which Remonstrance I have yet no Answer, to my great Grief; but I have been entertained from Day to Day, in the Hope that I should receive One, and that in it there should be an Answer to the Petition recommended to the Honourable (fn. 2) Houses, for a Ship called The North-Holland, and also to the Restitution of Three or Four Ships, of the Taking of which is since come Notice to London; videlicet, the Ship The Hope, of Saenredam, Master Claes Huybert, taken in full Sea, going from France towards Barnstable; The Golden Salmon, Master T'yank Pietert'; and The Angell, Master Adrian Franks; the said Two Ships of Amsterdam, taken in the Port of Corke. And whilst I am kept in Expectation of this Answer, I know not by what evil Instigation, there is proceeded this Day in the Court of Admiralty to the Condemnation of the said Two Ships of Amsterdam, against all Right and Reason; notwithstanding it hath been several Times remonstrated to the Judges of the Admiralty, that the Honourable Houses of Parliament were to resolve some Days of this Week upon the Premises; the Ship The Hope, of Saenredam, being taken by the King's Party, and by them carried to Dartmouth: And whereas such Proceedings do not serve to conserve the Amity between both Nations, which all Men of sound Judgement shall judge, if not necessary, at least profitable to both; it shall please your Lordship to represent the Premises to the Right Honourable House of Peers of this Kingdom, that I may without further Delay, which can bring no Utility, receive an Answer to that which I have propounded the 2 / 12 of this Month of May abovesaid; and that Order be given, that nothing be done nor executed by virtue of the said Condemnatory Sentences of the Judge of the Admiralty to Prejudice of the Proprietors and Masters of the said Ships, by which the Restitution might be retarded, or become more quarrelous; which doing, your Lordships shall do Service to the Public, and oblige him who is,

"My Lord,

London, the 21 / 31 of May, 1645.

"The most affectionate to do Service to your Lordship,

"Alb. Joachimi."

Judgements in the Admiralty against them, to be suspended.

Ordered, That this Letter be referred to the Committee of both Kingdoms; and a Report to be made as soon as conveniently may be; and that there be a Suspension of the Judgements in the Court of Admiralty concerning the Ships [ (fn. 3) that have Judgement] passed against them, until further Direction from this House.

Charles sent for, for stuhbing Woods in Waltham Forest.

Ordered, That John Charles, that (fn. 4) stubbed up divers Woods in Waltham Forrest, shall be summoned to appear forthwith before this House, to answer the same.

House not to sit on Tuesdays and Thursdays.

Ordered, That the House of Peers will hereafter forbear sitting on Thursdays and Tuesdays in every Week, except extraordinary Occasions for the Safety of the Kingdom shall require the contrary; and that the House of Commons have Notice hereof.

Message to the H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

To acquaint them with the aforesaid Order.

Stapleton's Petition.

Upon reading the Petition of Mary Stapleton, Widow: (Here enter it.) It is Ordered, That the said Petition shall be shewed to the Lord Viscount Say & Seale, and the Attorney of the Court of Wards; and their Answer desired to the same in Writing: In the mean Time, the Proceedings in the Court of Wards to be suspended.

Letters from the E. of Calender and Leven.

Next, were read Letters from General Leven, dated the 18th of May, from Rippon; and a Letter from the Earl of Callender, concerning the Affairs of the Armies.

Message to the H. C. with them.

A Message was sent down to the House of Commons, by Serjeants Whitfield and Fynch:

To communicate to them the Letters of the Earl of Leven, and the Earl of Callender.

L. Grey & al. versus Finch & al.

Upon reading the Petition of Wm. Lord Grey of Warke and the Lady Cecill his Wife, Sir Wm. Strickland, &c. It is Ordered, That Francis Fynch and Tho. Twisden shall (fn. 5) send their Answers to this House by Friday come Sevennight.

Message from the H. C. with Ordinances and Orders.

A Message was brought from the House of Commons, by Ellis Esquire, &c.

To desire their Lordships Concurrence in divers Ordinances and Orders:

1. An Order for Colonel Rossiter to command in Chief in Lyncolneshire. (Here enter it.)

Agreed to.

2. An Order concerning the Isle of Wight.

Respited for a few Days.

3. An Order to pay Fifteen Hundred Pounds, out of Habberdashers Hall, towards the Arrear of the Earl of Essex. (Here enter.)

Agreed to.

4. An Ordinance to pay Two Hundred Pounds per Ann. to Owen Oconnelly, out of the old Customs.

(Here enter it.)

Agreed to.

5. An Order to pay Eight Thousand Pounds, for Powder, out of the Excise. (Here enter it.)

Agreed to.

6. An Order to pay One Hundred Pounds to Major Peter Baxter, Captain of Hurst Castle, upon Accompt.

(Here enter it.)

Agreed to.

7. An Order to pay Sixty Pounds to Colonel Herbert's Men, raised to go with him to Mountgomery Castle.

(Here enter it.)

Agreed to.

8. An Order to pay Four Thousand Pounds, for Powder, out of the Excise. (Here enter it.)

Agreed to.

9. An Ordinance to enable Persons to receive the Arrears of the Two Months Assessments, in the Place of Sir Gi'b't Gherrard. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought, excepting to that concerning the Isle of Wight; to which they will send an Answer by Messengers of their own.

Order for Colonel Rossiter to command in Lincolnshire.

"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of both Kingdoms be desired to grant a Commission to Colonel Roseter, to command in Chief the Forces of Lincolneshire, in Pursuance of the Nomination and Approbation of both Houses; with a Power to him to grant Commissions to all such Officers under his Command as are not of the new Model."

Order for 1500 l. to the E. of Essex, towards his Arrears.

"Ordered, by the Lords and Commons in Parliament assembled, That Fifteen Hundred Pounds shall be forthwith paid, out of Habberdashers Hall, as Part of Money due to the Earl of Essex, for his Arrear of Entertainment upon the Establishment."

Order for 200 l. per Annum to Major Owen Oconnelly.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That Major Owen Ocann'ly shall have Two Hundred Pounds Yearly paid him, during his Life, out of the old Customs, on the 24th of June, and on the 24th of December, by equal Portions; and the Acquittance of him or his Assigns shall be a sufficient Discharge to such as are, or shall be, appointed for receiving and issuing the said old Customs, who are required to take due Care that the said Pension be constantly paid from henceforth to the said Owen Ocannally, according to the true Intent and Meaning of this Ordinance: Provided, That this shall not prejudice any former legal Grant, but shall take Place in its due Course."

Order for 8000 l. for Powder, out of the Excise.

17 Maii, 1645.

"Whereas, for Provision of Arms, Powder, Ammunition, &c. for the Use of the State, the Committee of the Navy hath contracted with sundry Persons, who are to receive Twelve Thousand Pounds for the same, of which John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, have consented to advance Four Thousand Pounds, Part thereof, upon the First Day of July next, as by an Ordinance of the Date hereof appeareth: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Receipts of Excise shall be charged, and are hereby chargeable, with the Payment of the Eight Thousand Pounds, Residue of the said Twelve Thousand Pounds, for the Use aforesaid, upon the First Day of July which shall be in the Year of Our Lord God 1646; and that the said Commissioners of Excise shall pay the said Eight Thousand Pounds, for the Use aforesaid, by Order of both Houses of Parliament, or such Committee as shall be authorized for that Purpose, whose Order shall be their sufficient Discharge in that Behalf."

Order for 100 l. to Major Baxter, Captain of Hurst Castle.

"Ordered, by the Lords and Commons in Parliament assembled, That One Hundred Pounds shall be paid, out of Habberdashers Hall, to Major Peter Baxter, Captain of Hurst Castle, upon Accompt; and that One Hundred Pounds more shall be paid him out of the next Discovery that shall be made, upon a Recommendation from the Speaker of the House of Commons, of any Delinquent's Estate."

Order for 60 l. for raising Men for Colonel Herbert.

"Ordered, by the Lords and Commons in Parliament, That Sixty Pounds be charged upon the Receipts at Habberdashers Hall, and forthwith furnished, for the raising of Sixty Men, to go with Colonel Herbert, to Mountgomery Castle, to be of the Garrison there."

Order for 4000 l. for Powder, &c. out of the Excise.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have consented to advance and lend Four Thousand Pounds, upon the First Day of July next coming, being Part of Twelve Thousand Pounds, agreed to be paid to several Persons, for Powder, Match, Bullet, and Ammunition, for the Use of the State: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise, their Executors, Administrators, or Assigns, shall and may satisfy and reimburse themselves the said Four Thousand 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, in such Intervals of Time when other Payments already assigned out of the Monies coming in upon the Office of Excise shall not happen to 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 that the said Commissioners of Excise shall pay the said Four Thousand Pounds to such Person as shall be appointed to receive the same by Order of both Houses of Parliament, or such Committee as shall be by them authorized for that Purpose; whose Receipt, together with such Order, shall be their sufficient Discharge in that Behalf."

Ordinance to enable Warner and Andrews, to receive the Arrears of the Two Months Assessments in several Counties, instead of Sir Gilbert Gerrard.

"Whereas, by an Ordinance of the Lords and Commons assembled in Parliament, of the 3d of August, 1643, several Counties therein mentioned were charged with Two Months Assessments of several Sums of Monies, as in the said Ordinance is expressed, payable to the then Treasurer at Wars; and the said Treasurer, by another Ordinance of the 24th of the same Month, was appointed to pay over such Monies so received to the Treasurers for Money and Plate, for the securing and Re-payment of Fifty Thousand Pounds, by several Persons and Companies, advanced for the Payment of the Army raised in Defence of the Parliament, under the Command of his Excellency Robert Earl of Essex, and whereas; by a late receiving of the said Monies (fn. 6) : It is therefore Ordained, by the Lords and Commons assembled in Parliament, and be it Ordained, That John Warner and Thomas Andrewes, Aldermen of the City of London, be authorized, and are hereby authorized, to be Treasurers, to receive the Arrears of all such Monies payable by the said Ordinance of the 3d of August, which are yet unpaid; and the Collector or Collectors of any City, County, of other Places, are hereby required to make Payment of all such Monies by him or them received, or to be received, on the said Two Months Assessments, to the aforesaid Treasurers at Guildhall, London; and the Receipt or Receipts of them, or either of them, shall be a sufficient Discharge for so much Money as shall be paid by such Collector or Collectors; and the said Treasurers are likewise required to pay all such Monies as shall be by them received to the Persons or Companies afore-mentioned; any Ordinance or Ordinances to the contrary not withstanding."

Order for 200 l. for Scots Officers.

"Ordered, by the Lords and Commons assembled in Parliament, That Two Hundred Pounds shall be forthwith paid, out of Habberdashers Hall, towards the Pay of divers Commanders and Officers of the Scotts Nation; and it is referred to the Committee of the West, to consider what Pay is due unto them, and how to proportion this Money."

Stapleton's Petition, for a Re-hearing of the Causes between her and Sir M. Bointon, in the Court of Wards.

To the Right Honourable the Lords of the House of Parliament.

The humble Petition of Mary Stapleton, Widow;

"She humbly shewing,

"That Sir Math. Bointon and his Lady did heretofore exhibit their Bill in the Court of Wards, to be relieved for a Rent of Fifty Pounds per Annum, supposed to be issuing and payable to the said Lady, out of the Prebend of Bilton, in Yorkeshire, and to be granted, for a Term enduring, by her former Husband Robert Stapleton, in Recompence of another Jointure of Fifty Pounds per Annum, which she pretends she had in other his Lands, and which she alledges she sold away by Fine and other Assurances.

"That Miles Stapleton the King's Ward, and the Petitioner as his Guardian, and others, are made Defendants in that Suit, and did answer; and the Cause proceeded to Issue Three Years since, and there rested till Michaelmas Term last.

"That, in Michaelmas Term last, the Cause was set down to be heard; but, by reason of the Troubles in Yorkeshire, and dangerous Passage from thence, and for that her Counsel Mr. Armitage, who was only acquainted with the Business, and had all her Books, was sick in Yorkeshire, she could not attend at the Hearing.

"That the Cause, notwithstanding, hath received Hearing, none attending for the Petitioner; and the Court hath been pleased to declare, That the said Rent, with the Arrearages thereof for Six Years ended at Pentecost last, ought to be paid to the Plaintiffs; and have decreed accordingly, That the Petitioner shall pay the Six Years Arrearages; and that the said Fifty Pounds per Annum shall from thenceforth be paid Yearly to the Plaintiffs, during the Residue of the Term, out of the said Prebend of Bilton (as by the said Decree appears): That, since that Time, the Petitioner hath applied herself to the said Court of Wards, and hath humbly desired she may be heard in it; and hath informed them, that, if she had been heard, the Court would not have made the said Decree; but the Court hath denied to allow any Rehearing, upon this strict Ground and Formality of Proceeding, that the Petitioner ought first to perform the Decree, and then to exhibit a Bill of Review.

"The Premises considered, and for that she hath never yet been heard, nor the Case clearly set forth on her Behalf, and for that the Decree is Personal against herself, which at most can be but against her as the Committee of the Ward;

"She humbly prays, the Cause may receive a new Hearing before your Lordships; having no other Way left her for her Relief; and she doubts not but to give clear Satisfaction therein, that the said Decree ought not to continue against her; and, till such Re-hearing (which she desires may be with all Speed), she prays the Proceedings for Contempts upon the Decree may be stayed.

"And as in Duty, &c.

"Mary Stapilton."

Adjourn.

House adjourned till 9^a cras.