House of Lords Journal Volume 7: 4 November 1644

DIE Lunæ, 4 die Novembris.

PRAYERS, by Mr. Herle.

Ds. Grey de Warke, Speaker this Day.

Ordinance for banishing Mr. Waller.

The Ordinance for Banishment of Edmond Waller Esquire, was read Thrice, and Agreed to.

(Here enter it.)

Ordinance for Sir N. Brent to be Judge of the Prerogative Court.

The Ordinance for settling the Prerogative Court was read Twice: And Ordered to be committed to a Committee of the whole (fn. 1) House. And presently the House was adjourned into a Committee during Pleasure, to take the same into Consideration.

The House being resumed, the said Ordinance was read the Third Time, and Agreed to, and Ordered to be forthwith printed and published. (Here enter it.)

Ordinance for the Essex Committee to seize Delinquents Estates.

Next, the Ordinance to give Power to the Standing Committee of the County of Essex, to seize upon the concealed Estates of Delinquents, &c. was read Twice, and Ordered to be committed to these Lords following:

Any Three, to meet on Wednesday Morning next, at Nine of the Clock; and the Persons concerned to have Notice of it.

Earl of Northumberland excused.

The Earl of Northumb. was excused for being absent from this House this Day, in regard of his ill Health.

L. Bruce to see the E. of Cleveland.

Ordered, That the Lord Bruce hath Leave to see the Earl of Cleveland.

Justice Mallet to give Bond, to return if he cannot effect his Exchange.

Ordered, That Justice Mallet shall attend this House again on Wednesday Morning next, to enter into Recognizance of Three Thousand Pounds, and to give his Word to this House besides, to render himself a true Prisoner to this House, in case he cannot procure the Releasement of Sir John Temple, Prisoner in Ireland, within Three Months; and the Condition to be drawn up into Form, and tendered to the Judge, between this and Wednesday next.

Message to the H. C. for a Conference on the Propositions;

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

To desire a Conference, concerning the Propositions for a safe and a well-grounded Peace, and the Propositions of the City.

for Mr. Ward to be added to the Assembly;

2. To desire their Concurrence for adding Mr. John Warde, of Ipsich, to be of the Assembly, in the Place of Mr. John Painter, lately dead.

and to remind them of the Widow Ferrer's Petition.

3. To desire that the Widow of Major Ferrer may be taken into Consideration, as a Widow of One of those that have lost their Lives in the Service of the Parliament.

The Answer returned was:

Answer.

That the House of Commons will give a present Conference, as is desired: To the rest of the Message, (fn. 2) they will send an Answer by Messengers of their own.

Message from the H. C. with Letters from the Scots;

A Message was brought from the House of Commons, by Mr. Holles:

1. To communicate to their Lordships divers Letters received from the Scotts, and the Commissioners there.

with Orders, &c.

2. An Order to send to (fn. 3) the Assembly, from both Houses; and to desire that Committees of both Houses may deliver the same. (Here enter it.)

Agreed to.

3. A Letter to be sent to the Army. (Here enter it.)

Agreed to.

4. An Ordinance concerning maimed Soldiers. (Here enter it.)

Agreed to.

and for Assistants of this House to be examined against Lord M'Guire and M'Mahoune.

5. An Order, That Sir John Brampston, Mr. Serjeant Fynch, and all others, (fn. 4) Assistants of this House, that can give any Testimony against the Lord Magwire, Hugh M'Mahon, shall give in their Evidence to the Grand Jury; and after to be present at the Trial in the King's Bench, and be Witnesses against them.

Agreed to.

Ordered, That the Lord Admiral and the Earl of Pembrooke are appointed to join with a proportionable Number of the House of Commons, to deliver the Order to the Assembly.

The Answer returned was:

Answer.

That this House hath appointed Two Lords, to join with a Committee of the House of Commons, to deliver the Order to the Assembly; and that their Lordships do agree to the Letter to be sent to the Army, and to the Ordinance concerning the maimed Soldiers.

Message from the H. C. for a Thanksgiving for taking Liverpool, and the Success in Lincolnshire;

A Message was brought from the House of Commons, by Mr. Ashurst:

To desire their Lordships Concurrence, that Thanksgiving be made To-morrow, in all Churches and Chapels within the Lines of Communication, for the taking of Leverpoole upon Mercy; and the good Success in Lyncolneshire, in taking Six Hundred of the King's Horse by Colonel Rosseter; and these to be added to the Thanksgivings on the same Day.

and with an Order to explain the Ordinance for Middlesex.

2. To desire their Lordships Concurrence in an Order for a further Declaration of the Meaning of the Ordinance concerning Midd. lately passed both Houses.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

This House agrees that Thanks shall be given Tomorrow, for the good Success in taking of Leverpoole, and the County of Lyncolne; and do also agree in the Order concerning the declaring the Meaning of a Clause in the Ordinance concerning the County of Midd.

Ordinance for Provisions for the Earl of Manchester's Forces.

Next, the Ordinance for Twelve Hundred Pounds to be paid by the associated Counties, for Provisions to be sent the Earl of Manchester's Forces, was read, and Agreed to.

(Here enter it.)

The Lords went to the Conference, and the House was adjourned during Pleasure; which being ended, the House was resumed.

The Assembly to report what Progress they have made about Church Government.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Assembly be sent to, (fn. 5) to require them to return an Account to the Houses, how far they have proceeded in the Matter concerning the Government of the Church, and speedily to send in what they have already prepared touching that Matter; and to acquaint them, that the Houses have received Desires, in Letters from the Committee of the Estates of Scotland, to press an Expedition in settling the Affairs of the Church."

Letter to the Committee residing with the Army near Newbury, to follow their Success.

"The Lords and Commons assembled in Parliament have been informed of the great Blessing that God hath bestowed upon this Kingdom, in that late Victory near Newbery; and that, next to God's Goodness, it was gotten by the singular Courage of the Officers, and all the Soldiers, which in this Action was very remarkable: They have commanded us to return their Thanks to the whole Armies; and do desire the Principal Officers to communicate this to all the rest; assuring them, as they do highly value this Action, so will they be ready to make it appear, by their constant Care and Endeavours to supply them with Monies and all necessary Accommodations, and shall upon all Occasions shew their good Acceptance of this Service, by their taking personal Notice of those that have deserved so well.

"They are further advertised, that the Enemy is drawing again together into a Body, with Prince Rupert and Colonel Gerard: They therefore command us to recommend it to the Armies, that they will chearfully march up, and endeavour to break these scattered and disheartened Forces, that so God may have the Glory, the Kingdom may enjoy the Benefit, and the Armies have the Honour of being the Instruments of an entire Victory; which that it may be, shall be the hearty Prayer of

Westm. this 4th of November, 1644.

"Your very loving Friends.

"To the Committee residing in the Army."

Ordinance for a Collection on the Thanksgiving-day, for Relief of maimed Soldiers.

"Whereas God hath been lately pleased to bless us with an happy Success and Victory over the Enemies of this Kingdom, for which we have abundant Cause to bless and glorify His great Name, and to that Purpose have appointed Tuesday the 5th of this Instant to be solemnly set apart and kept to the Acknowledgement of the great Mercy of God, who from Time to Time hath hitherto been our Deliverer and Preserver, from the Slavery and Oppression of those our fierce and cruel Enemies: The Lords and Commons, taking into Consideration that this great Deliverance hath been wrought for us, next under God, by the great and undaunted Valour, Courage, and Resolution of our Soldiers, who, having so faithfully and affectionately ventured their Lives for the Freedom and Liberty of their native Country, have divers of them in this last Service received many dangerous Wounds and Maims in their Bodies; and being now brought unto The Savoy, and other Places appointed for their Cure, are in Want of divers necessary Provisions, which are forthwith fit to be made ready for them; have thought fit hereby to Order, That, upon the above-mentioned Day of Thanksgiving, there shall be a Collection made, in all the Churches and Chapels within the Line of Communication, by the Churchwardens and other Officers thereof, for and towards the Relief of the abovementioned maimed and wounded Soldiers, to be paid unto William Greenhill, John Pocock, John Randall, and Richard Hutchinson, Citizens of London, appointed to be Treasurers for receiving and paying of Monies to sick and maimed Soldiers, at Tallow Chandlers Hall, near Dowgate, on Thursday next, being the 7th of this Instant November: And the said Lords and Commons do hereby further Order, That all the Ministers of the said Parishes and Chapels shall earnestly persuade and stir up the People to a chearful, compassionate, and liberal Contribution, to so pious, charitable, and honourable a Work, it being for the Succour of those who have ventured their Lives for the Defence of our Lives, Liberties, and Religion, and have as yet, by the Mercy of God, freed us here from the Bondage and Cruelty of our common Enemy."

Order to explain the Ordinance concerning Middlesex.

"It is this Day Ordered and Declared, by the Lords and Commons assembled in Parliament, That by ["the First of October last"] mentioned in the Fourteenth Line of the Sixth Page of the printed additional Ordinance for the Ordering of the Militia of the County of Midd. bearing Date 25 October, 1644, is meant and intended the First of October, in the Year 1643, and so to be reputed and taken; and that the Printer do alter the same accordingly."

Order for 1200 l. to be paid by the associated Counties, for Provisions for the E. of Manchester's Forces.

"Whereas it is found necessary, as well for the Relief and Encouragement of the Parliament's Army about Newbery, as also to prevent all unlawful or disorderly Taking of Provisions upon the Country, that some good Proportion of Victuals and Horse meat should speedily be sent thither, from the City of London; and whereas, upon Order of the House of Commons, Three Thousand Pounds is appointed for furnishing the same Provisions, whereof Twelve Hundred Pounds allotted upon the Counties associated under the Earl Manchester's Command is to be undertaken by Sir John Potts, a Member of the House of Commons, and paid unto Bond, Commissary of the Victuals, for Provisions to be delivered and sent to the said Earl of Manchester's Forces: The Lords and Commons do hereby Ordain, That the said Sum of Twelve Hundred Pounds shall be satisfied unto the said Sir John Potts, out of the First Monies raised by the Weekly Tax for the Maintenance of the said Forces under the Earl of Manchester's Command; and that it shall be lawful for John Cory, of the City of Norwich, or any other High Collector of the Monies or Weekly Assessments so rated and gathered in the County of Norffolke, to defalk and stay the said Sum of Twelve Hundred Pounds, and the same to pay unto the said Sir John Potts, whose Receipt shall be a sufficient Discharge for the same, and shall be so answered in Accompt to the Treasurers of the Association by the said High Collectors; any Words, Limitation, or Direction, in any former Ordinance, notwithstanding.

"An Ordinance of Lords and Commons assembled in Parliament, for the Fining and Banishment of Edmond Waller Esquire.

Ordinance for fining and banishing Edm. Waller.

"Whereas it was formerly intended, that Edmond Waller Esquire, now Prisoner in The Tower of London, should be tried by the Commissioners appointed for the hearing and determining of Causes belonging to the Military Cognizance, according to an Ordinance of both Houses of Parliament, made the 26th Day of August last past; and whereas, since, upon further Consideration, and mature Deliberation had, of and concerning him, and his Consessions of the Offence for which he stands committed, and of his Petition on this Behalf, preferred the 23th Day of September last, it hath been and is thought convenient, by the Lords and Commons in Parliament assembled, that he be put to the Fine of Ten Thousand Pounds, and Banishment; and that he be not further proceeded against before the said Commissioners, or otherwise put to further Question concerning the said Offence; and whereas the said Edmond Waller hath thereupon paid and satisfied, to the Use of the Parliament, the said Sum and Fine of Ten Thousand Pounds (of which he stands hereby fully acquitted and discharged): Be it therefore Ordained and Established, by the said Lords and Commons assembled in Parliament, That the said Edmond Waller shall from henceforth stand and be a Person banished out of the Realm of England, and the Dominion of Wales; and shall be and stand from and after the 6th Day of November next coming, wholly discharged and freed from his Imprisonment aforesaid; and shall, within Eight and Twenty Days after such his Discharge of Imprisonment, go out of and leave the said Realm of England; and thenceforth shall continue and remain under and in the Condition of such Banishment as aforesaid, not to return into the said Realm or Dominion without the Consent of both Houses of Parliament; and if he shall return into the said Realm or Dominion without such Consent, he shall incur such Punishment for the same as both Houses of Parliament shall think sit: And it is further also Ordained and Established, by the Authority aforesaid, That there shall be no further Proceedings whatsoever against the said Edmond Waller, by the said Commissioners, or by any of them, or by any other Person or Persons whatsoever, for or by reason of his said Offence, or of any Thing concerning the same; and that the Sequestration of his Estate, and of every Part thereof, be wholly taken off, and hereby is wholly taken off and discharged, from the said 23th Day of September last."

"Die Lunæ, 4 Novemb. 1644.

(fn. 6) "An Ordinance of the Lords and Commons assembled in Parliament, for the speedy constituting of Sir Nathaniel Brent Judge of the Prerogative Court, for the Probate of Wills, and granting of Letters of Administration.

Ordinance for Sir N. Brent to be Judge of the Prerogative Court of Canterbury.

"Whereas William Merricke, Doctor of the Laws, late Commissary General, Master or Keeper of the Prerogative Court of Canterbury, wilfully, and contrary to his Duty, hath absented himself from due Attendance on the said Office, revoked all Surrogations and Deputations by him made, in or near London, Kent, Middlesex, and other Places within the Power of the Parliament, wilfully, and to the End that Justice might not be administered in Causes Ecclesiastical in the said Places, in Things to his Jurisdiction belonging; by reason whereof, the Administration of the Goods and Chattels, Rights and Credits, of such Persons who have died intestate, could not be had or taken, nor the Wills of others who made their last Wills and Testaments duly proved, nor Justice in such Cases administered: The Lords and Commons in Parliament assembled, taking into their Consideration the Necessity of that Service, Declare and Adjudge the said Place void of the said Doctor Merricke; and him from the Execution of the said Office do amove; and have Constituted and Ordained, and by these Presents do Ordain, Sir Nathaniel Brent Knight, Doctor of the Laws, by himself, his Deputy and Deputies, (fn. 7) to use, have, exercise, and enjoy, the Office of Master or Keeper of the said Prerogative Court, together with all and singular Emoluments, Wages, Fees, Profits, Commodities, and Jurisdictions, to the said Office belonging or appertaining; and do appoint him the said Sir Nathaniel Brent, Doctor of the Laws, by himself and Deputy or Deputies, sufficient to do; execute, and perform, all such Offices, Duties, and Things, as to the Master or Keeper of the said Court doth belong or appertain, for the granting of Administrations, making Probate of Wills, and other Things to do and perform, as fully and amply as by the Laws and Statutes of this Land any Commissary General, Master or Keeper of the said Court, ought to do and perform; to have, hold, use, and exercise, the said Office, with the Appurtenances, till it shall be otherwise Ordained by both Houses of Parliament; and that all Processes, Probates of Testaments, Letters of Administration, and other Things whatsoever, which shall pass the Seal of the said Court, shall pass in the Name and Stile of the King, and with the Teste of the said Sir Nathaniel Brent; and that the said Sir Nathaniel Brent, in the Execution of his said Office, shall have, in the Seal of his said Office, the King's Highness's Arms decently set; with these Characters engraven about it, sigillum curiæ prerogativÆ, and shall use no other Seal for the said Office: And the said Lords and Commons do further Ordain and Declare, That all Probates of Wills, and Letters of Administration, and other Acts, that, since the Three and Twentieth Day of May, which was in the Year of our Lord God One Thousand Six Hundred Forty and Three, have been done, or that shall be done hereafter, by the said William Merricke, or any other Person or Persons, as Master or Keeper of the said Office, other than by the said Sir Nathaniel Brent, his Deputy or Deputies, or by such Person or Persons as shall be appointed by the Lords and Commons in Parliament to grant such Administrations, or to take Probates of such Wills, shall be void, and of none Effect to all Intents, unless that the Administrators or Executors that Claim thereby shall again take new Letters of Administration, or make new Probate, according to the Intent of this Ordinance, before the End of Hillary Term next, in the Year of our Lord God One Thousand Six Hundred Forty and Four; in which Case it is meant that they should not be prejudiced any Way by this Ordinance, but that the said former Letters of Administration and Probate remain of Force, any Thing in this Ordinance notwithstanding; nevertheless, every Person who had Right to demand Letters of Administration, or that might justly have opposed the former Probate of any such Will, at the first granting of such Letters, and making of such Probate, shall be heard ab integro, upon Demand of such new Letters of Administration, or making of such new Probate, to demand Letters of Administration, and to oppose the Probate of any Will formerly proved as aforesaid, as fully and freely, and Justice shall be done to all Parties respectively in like Manner, as if no former Administration or Probate had been formerly granted or made.

"And further it is Ordained, That in Case that Opposition of any Letters of Administration or Probate formerly made as aforesaid shall be made, and Suit thereon arise, and not determined before the End of the said Term, then the Administrators or Executors shall have further Time and Liberty to take new Letters of Administration, or make new Probate, as the Justice of their Cause shall require, until that the same Suit shall be ended or determined; and then, within One Term next following, to take new Letters of Administration, or make new Probate, and be in like Condition as if the same had been done before the End of the said Hillary Term; provided also, that in Case of the Repeal or Avoidance of any Letters of Administration, or Probate, by virtue of this Ordinance, all Payments and Acts legally and bond Fide done, unto or by such Executors or Administrators, shall be held good and effectual; saving that then such Executors or Administrators respectively shall be answerable for what remains in their Hands unadministered, or is disposed away to their own Use, or in Trust for them, to such Executors or Administrators who shall obtain Probate of the Will or Administration according to the Intent of this Ordinance, to be administered by such Party to whom Administration shall be granted, or who shall make Probate according to this Ordinance, as to Justice shall appertain, and as to the Office of an Executor or Administrator appertaineth to do.

"Die Lunæ, 4 Novemb. 1644.

"Ordered, by the Lords in Parliament assembled, That this Ordinance, for the constituting a Judge of the Prerogative Court of Canterbury, be forthwith printed and published.

"J. Brown, Cler. Parliamentorum."

Adjour.

House adjourned till 9^a cras.