House of Lords Journal Volume 7: 30 May 1645

DIE Veneris, 30 die Maii.

PRAYERS, by Mr. Seaman.

Ds. Grey de Warke, Speaker.

Worsley, Surgeon General in Ireland, Petition to be freed from an Arrest, till he is paid Arrears due to him.

Upon reading the Petition of Benjamin Worsley; shewing, "He was employed in the Parliament's Service for Ireland, as Chirurgeon General of the whole Army, and hath due for his Service the Sum of Four Hundred Pounds; and whereas the Petitioner, through the Defect of Supplies, was constrained there to take up some Necessaries, to the Value of Thirty Pounds, for Advance of the said Service, giving his Bond for the Payment of the said Money here in London: Therefore the Petitioner desires, he being now arrested upon the said Bond, and like to lie in Execution, to his utter Undoing, that he may be enlarged till such Time as so much can be paid him."

And this House Resolved, To have it made appear that so much is due to the Petitioner as is alledged.

Countess of Devon, Leave to go to France.

Ordered, That the Countess of Devon shall have Leave to go into France, to her Husband, for Three Months.

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

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

To desire their Lordships Concurrence in these Particulars:

1. That Ten Thousand Pounds shall be charged upon the Excise, to be employed for the reducing of Oxon.

Agreed to.

2. That Ten Thousand Pounds more than was charged on Tuesday last shall be charged upon the Credit of the Excise, to be employed upon the Service of (fn. 1) the Siege of Oxon.

Agreed to.

3. An Ordinance for the executing Martial Law in the Garrison of Plymouth. (Here enter it.)

Agreed to.

4. An Ordinance for continuing the Kentish Regiment at Plymouth for Four Months longer, under the Command of Colonel Birch. (Here enter it.)

Agreed to.

5. An Ordinance for the discharging of the Delinquency of Sir John Kaye, Knight and Baronet.

The Answer returned was:

Answer.

That to the Ordinance concerning Sir John Kay, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest of the Particulars, their Lordships do (fn. 2) agree.

Man and Moore; for abusing Gen. Crawford, and refusing to release his Servant:

This Day Man the Constable, and Moore, were brought to this Bar; and the Depositions concerning the Abuse of Major General Crawford and the rest were read: To which they pleaded, That they never spoke the Words: Hereupon it is Ordered, That this House will hear the Witnesses vivâ voce To-morrow Morning on both Sides; in the mean Time, the said Man and Moore may have Liberty to go abroad upon Bail, to prepare for their Defence; they desiring to be bailed.

Both bailed.

"Memorandum, quod 30 die Maii, 1645, Richardus Man, de Parochia Sancti Martini in Campis, Com. Midd. recognovit se debere Domino Regi Cent. Libras; et Thomas Moore, de Sancti Martini in Campis prædict. recognovit, se debere Domino Regi (fn. 3) Zuingenta Libras; et Georgius Cooper, de eadem Parochia, recognovit se debere Domino Regi (fn. 3) Zuingenta Libr.; & Matheus Goslyn de eadem Parochia, recognovit se debere Domino Regi (fn. 3) Zuingenta Libr. levari de Bonis, Catallis, Terris, et Tenementis suis, ad usum Domini Regis, &c.

"The Condition of this Recognizance, That if the above-bounden Ric'd Man and James Moore do Personally appear before the Lords in Parliament the 31th of this present Month of May, that then this Recognizance to be void; else to be in full Force and Virtue."

Col. Fielding's Exchange agreed to.

The House being informed of the Quality and Condition of those Officers that are propounded to be exchanged for Colonel Feilding, and their Lordships being satisfied of the Worth of the Persons;

Agreed with the House of Commons in the said Exchange.

May's Petition, to be Remembrancer of First Fruits.

A Petition of Thomas May was read; (fn. 4) desiring, "He may have the Office of the Remembrancer of the First Fruits bestowed upon him:"

And it is Ordered, To be recommended to the House of Commons.

Ld. Roberts added to the Committee for the West.

Ordered, That the Lord Robertes shall be added to the Committee for the Western Affairs.

Committee for Forts and Garrisons.

Ordered, That the Quorum of the Committee for Forts and Garrisons be reduced to Two Lords and Four Commoners; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. about the foregoing Subjects; and for the Arrears of Creation-money to be paid the Peers.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Page:

1. To recommend the Petition of Thomas May to them.

2. To desire that the Arrears of Creation-money may be paid to the Peers.

3. To desire that the Quorum of the Committee for Forts and Garrisons may be reduced to Two Lords and Four Commoners.

4. That my Lord Robertes may be added to the Western Committee.

Ld. Herbert, Ld. Dacres, and Lady Grandison, versus the D. of Richmond et al. about Sutton Marsh.

This Day being appointed for hearing the Cause, between the Lord Phillip Herbert, the Lord Dacres, and the Lady Grandison, against the Duke of Richmond and others; the Counsel for the Plaintiffs were ready at the Bar: But no Counsel appearing for the Defendants, Affidavit was made at (fn. 5) the Bar, by Edward Potkin, "That he served the Order of the Lords, of the 28th of April last, upon John Lang ford, Solicitor to the Defendants, on the 21th Day of this Instant May, for hearing the Cause this Day." Upon this, an Affidavit of John Langford was read; setting forth, "That he, for the Space of these Two Years, (fn. 6) hath not been Agent, nor intermeddled with the Business, nor hath any Directions, Instructions, or Commission, from the Duke of Richmond, or any of his Officers, concerning the same, nor any the Books or Writings concerning the said Cause, in his Hands or Custody."

The House taking this into Consideration, and that Beverly Wymberley, One of the Defendants, is since dead, and the rest are with the King, appointed some Lords to consider of the Progress of the Business, and of the Way and Course of Proceedings as is fit to put this Business in, and report the same to this House:

Any Two, to meet on Monday Morning, at Nine of the Clock, in the Prince's Lodgings; and the Judges to be Assistants.

Ordinance for Martial Law in Plymouth.

"It is Ordained, by the Lords and Commons assembled in Parliament, That the Committee who now have the Government of the Garrison of Plymouth, or any Three of them, shall have Power, and are hereby authorized, to execute Martial Law, within the Garrison of Plymouth, according to the Articles published by the Earl of Essex, and used in the Army under the Command of Sir Thomas Fairefax."

Ordinance to continue the Kentish Regiment in Plymouth Four Months longer.

"Whereas there hath been a late Agreement, between the Committee for the Safety of Plymouth, Poole, and Lyme, &c. and the Committee for the County of Kent, for the Continuance of a Kentish Regiment of Foot, under the Command of Colonel Birch, at Plymouth, for Four Months, from the First of February last, according to such Articles and Propositions, and upon such Consideration, as is expressed in a late Ordinance of Parliament, of the 15th of March last past; and whereas, at the Instance of the said Committee for the Safety of Plymouth, the said Committee for the County of Kent having taken into their Consideration the Importance of the further Continuance of the said Regiment in the West for Four Months next ensuing the First of June, upon certain Articles agreed upon between the aforesaid Committee: The Lords and Commons assembled in Parliament, taking the Premises into their serious Consideration, do hereby approve and confirm the same, as an acceptable Service to the Parliament and Kingdom; and do Ordain and Declare, That the Accompts of the said Committee for the County of Kent, for the Sum of Six Thousand Forty-one Pounds, Thirteen Shillings, and Six Pence, now by them given in unto the said Committee for the Safety of Plymouth, be, and are hereby, approved and allowed unto the said Committee of Kent, as Part of the Sum of Seven Thousand and Seventy Pounds charged, or to be charged, upon the said County, for the Tenth and last Month's Proportion for the Ordinance of the new Model, without any further Accompts to be given thereof by them unto the Treasurers at Guildhall, London, or to any other Person or Persons whatsoever: And it is further Declared and Ordained, That the said Committee for the said County of Kent shall be, and are hereby, authorized and impowered, by their Order, signified unto the Colonel, or other Chief Officer of the said Regiment for the Time being, to call back the said Regiment into the County of Kent, at the End of the said Four Months; and that the said Regiment, being so called back, shall and is hereby discharged from the aforesaid Service: And it is further Ordained and Declared, That the Sum of One Thousand Twenty-eight Pounds, Six Shillings, and Six Pence, being the Remainder of the said Tenth and last Month's Proportion, shall be, and is hereby, allowed unto the said Committee for the County of Kent, towards the aforesaid Charges of paying and maintaining the said Regiment during the said Four Months, without any Accompt by them to be given for the same to any Person or Persons whatsoever, other than the said Committee for the Safety of Plymouth; any former Order or Ordinance to the contrary notwithstanding."

Col. Fielding to be exchanged for Col. Buffet & al.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That they do consent and approve of the Exchange of Colonel Feilding, Prisoner to the Parliament's Forces, for Lieutenant Colonel Buffett, Major Champnes, Captain Powell, and Captain Elingsworth, Prisoners to the King's Forces."

Order for 10,000l. for reducing Oxford.

"It is Ordered, by the Lords and Commons in Parliament assembled, That Ten Thousand Pounds shall be charged upon the Excise, to be employed for the reducing of Oxford."

Order for 10,000l. more for the same Service.

"It is Ordered, by the Lords and Commons in Parliament, That Ten Thousand Pounds more than was charged on Tuesday last shall be charged upon the Credit of the Excise, to be employed upon the Service of the Siege of Oxon."