House of Lords Journal Volume 7: 15 November 1644

Die Veneris, 15 die Novembris.

Prayers, by Dr. Gouge.

Ds. Grey de Warke, Speaker.

Paper from the Assembly of Divines.

The Speaker acquainted the House, "That he had received a Paper from the Assembly of Divines, which, in their Respects, they presented to this House: That they, by Order of the House of Commons, were to give an Account to that House, what those Offices are that are intended in the Second Proposition of their Advice; they, having given an Account of the same to the House of Commons, think it their Duty to give the same to this House."

The said Paper was read. (Here enter it.)

Arthor's Petition.

Upon reading the Petition of Mr. Arthor: (Here enter the Petition.) It is Ordered, That Mr. Bishop shall respite the Payment of the Money; and that Sir John Hall and Mr. Bishop shall appear before this House this (fn. 1) Day Sevennight, and shew Cause why the Trust mentioned in the Petition should not be performed.

Answer from the H. C.

Sir Rob't Rich and Mr. Page return with this Answer from the House of Commons:

That, concerning the Petition of the poor Officers, and the Business concerning the Lord Newburgh, they will send an Answer by Messengers of their own.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons:

That they agree in the nominating the Earl of Denbigh to go with the Propositions to the King; and concerning the Thousand Pounds, and Six Hundred Pair of Pistols, to be paid to the Earl of Denbigh's Regiment, they will send an Answer by Messengers of their own.

The Speaker acquainted this House with a Paper received from The States Ambassadors; which was read, as followeth:

Paper from The States Ambassadors, to be exempted from paying Excise for their Provisions.

"Right Honourable,

We desire you to put the Right Honourable House in Mind, that we enjoy the Freedom of Ambassadors, concerning our Houshold Consumption of Bread, Flesh, Wine, and Beer, and other Necessaries; and that as well for what is already imported and bought, as shall for the future be imported or bought here for our Family's Service, the which our Steward shall give under his Hand."

Ordered, That this Paper be communicated to the House of Commons.

The Speaker acquainted this House with a Paper received from the Spanish Ambassador; which was read, as followeth:

Paper from the Spanish Ambassador, about sending Officers and Men from Ireland into Flanders.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"Don Alonso de Cardenas, Lord Ambassador of His Catholic Majesty in this Kingdom, doth represent unto your Honours, that, about Three Years past, his Lordship did agree with some Colonels and Irish Officers (which this Day are in Ireland), to go to serve in Spaine and Flanders with People of that Nation, which Agreement took no Effect then, through divers Stops which did offer; and for as much that at present some of the said Officers are willing to transport People to Spaine and Flanders, so that the Parliament will assure them with a Pass for their Ships, which, by their Order, shall be employed to go quietly and freely without any Trouble or Molestation of any Ships in your Honours Service; therefore his Lordship doth desire and intreat the Parliament to grant him their said Pass, which shall be received for a particular Favour."

Ordered, To communicate this Paper to the House of Commons.

Grays Petition, to confirm the Legacies left them by their Brother.

Upon reading the Petition of Arthur, Robert, Bryan, and Ralph Gray, Gentlemen, Brothers to Serjeant Major Edward Gray, being late Commander in Gloucester; shewing, "Major Grey, by his Will, gave (fn. 2) them as Legacies such Pay as (fn. 3) was due unto him from the Parliament, "being Six Hundred Eighty-three Pounds, Five Shillings, of which is received but Sixty Pounds; the Petitioners Desire is, that the said Legacies May be confirmed that so they may be the better enabled to satisfy his Debts, and pay his Funeral Charges"

Ordered, That this Petition be recommended to the House of Commons.

Petition from the associated Counties of Warwick, &c. for the E. of Denbigh to be with them.

Upon reading the Petition of divers of the Committee and Commanders in the associated Counties whereof the Earl of Denbigh is Commander in Chief; shewing, "That their Countries are in great Distress, for Want of the Presence of the Earl of Denbigh; therefore they desire that his Lordship may be sent down, with fit Accommodations."

Hereupon this House Ordered, To communicate this Petition to the House of Commons.

Message to the H. C. with these Petitions and Papers.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Heath;

To deliver to them these Particulars following:

1. To deliver to them the Paper from the Spanish Ambassador.

2. To deliver to them the Paper of The States Ambassadors.

3. To deliver to them the Petition of the Grayes.

4. To deliver to them the Petition of some of the Earl of Denbigh's Commanders, and the Committee of his Association; and to desire that they will take all their former Messages concerning that Association into Consideration, that the Earl of Denbigh may be sent down with such Accommodations to his Command as shall be requisite and fit for him; and that the Thousand Pounds; and Six Hundred Pair of Pistols, formerly granted by both Houses, may be presently provided, according to their Lordships former Message to that Purpose.

Paper from the Assembly of Divines, to explain their Meaning about the Elders of the Church.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"The humble Declaration of the Assembly of Divines, now by Ordinance of Parliament sitting at Westm.

"Concerning those Offices in their Second Proposition of Advice, presented on Friday last, the 8th of this Instant November, touching Church Government.

"As there were in the Jewish Church Elders of the People joined with the Priests and Levitts in the Government of the Church (as appears in the Second Book of Chronicles, Chapt. xixth, Verse the 8th, 9th, and 10th); so Christ, who hath instituted a Government, and Governors Ecclesiastical in the Church, hath furnished some in His Church, beside the Ministers of the Word, with Gifts for Government, and with Commission to execute the same, when called thereunto, who are to join with the Ministers in the Government of the Church, Romans the xiith Chapter, Verses the 7th and 8th; 1 Epistle to the Corinthians, Chapter the xiith, Verse the 28th; which Officers, Reformed Churches do commonly call Elders.

"William Twisse, Prolocutor.
"Cornelius Burges, Assessor.
"John White, Assessor.
"Henry Robrough, Scriba.
"Adoniram Byfeild, Scriba."

Arthor's Petition against Sir J. Hall.

"To the Right Honourable the House of Lords assembled in Parliament.

"The humble Petition of John Arthor, Minister of Clapham,

"Sheweth,

"That whereas Sir John Hall, for the securing of Two Hundred and Fifty Pounds, Part of his Wife's Portion; did, by Indenture made the 30th of August; 1644, constitute and appoint Mr. John Jefferyes, Mr. Walter Hillary; and Mr. James. Sherley, his true and lawful Attorney, by all lawful Means, to recover and' receive all such Sum and Sums of Money as are due unto the said Sir John Hall, from Mr. Thomas White, Mr. William Sandes, and Mr. Richard Bishopp, or either of them, by virtue of a certain Lease, to him or his Trustees, made by the said Mr. Thomas White, of Part of the Manor of Southwarnborowe, in the County of Southampton, for Ninety-nine Years; all which said Manor hath successively been in the Possession of the said White, Sandes, and Bishopp; and for the Monies so had, received, and recovered, of them, or either of them, to give such Discharge or Discharges, as the said Sir John Hall could do in his own Person; and out of the said Monies, the Charges of the Suit first deducted, to pay out of the First Receipts Two Hundred and Fifty Pounds unto your Petitioner, and the rest unto Sir John Hall: Now, may it please your Honours, there being for present no ordinary Way for these Trustees to sue for these Monies, for Want of a Sheriff in the said County, your Petitioner, by Sir John Hall's Consent, did with great Pains and Industry procure Mr. Bishopp, the present Possessor of the said Lands leased, to make a fair Proffer, by Way of Composition, for all the Monies which the said Sir John demands of him the said Bishopp for his said Lease; after all which, the said Sir John Hall doth intend, threaten, and endeavour, contrary to his Covenant in the said Indenture, fraudulently to agree with Mr. Bishopp to receive all the said proffered Composition-monies into his own Hands, and to give him a full Discharge himself, without the Trustees, and so utterly to deceive and deprive your Petitioner of the said Two Hundred and Fifty Pounds, except it shall please your Honours, of your Goodness and Justice, to prevent him, and relieve the Petitioner.

"Wherefore, in Consideration of the Premises, timely Relief being no other Way to be had, but your Petitioner likely forthwith unavoidably to lose his Two Hundred and Fifty Pounds, your Petitioner doth humbly pray, that your Honours would be pleased, by an Order, to prohibit the said Mr. Richard Bishopp to pay any Monies to any other Person or Purposes than is covenanted by the said Sir John Hall in the said Indenture or Deed of Assignment, until such Time as the whole Matter between the said Mr. Bishopp, Sir John Hall, and your Petitioner, be heard and determined by your Honours.

"And your Petitioner shall ever pray, &c.

"John Arthor."

Adjourn.

House adjourned till 9^a cras.