House of Lords Journal Volume 7: 27 October 1645

DIE Lunæ, 27 die Octobris.

PRAYERS, by Mr. Dr. Wincupp.

Ds. Grey de Wark, Speaker.

L. Balmerino and Sir R. Heath.

Ordered, That the Judges have further Time to consider of the Lord Balmerino's Business; and report to this House with what convenient Speed they can.

Answers from the H. C.

Mr. Serjeant Ayliff returns with this Answer to the Message sent to the House of Commons on Saturday last:

That they agree to the Alterations in the Ordinance concerning Colonel Massy: (Here enter it.) And to the Order for making Captain Cox Master of the Ship. And concerning the Petition of Mr. Browne, they have taken it into Consideration.

Doctor Aylett and Mr. Page return with this Answer from the House of Commons:

That they have taken the Petition of the Earl of Rutland into Consideration.

Ordered, That the Word ["Junior"] be added to the Order for making Mr. Thistlewayte Sheriff of Wilts.

Message to the H. C. about Hancock being restored to the Ensigncy of St. Nicholas Island;

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. That the House of Peers doth desire the Concurrence of the House of Commons, in the Votes so long since sent down, concerning John Hancocke, who hath deserved very well from the Parliament, by preserving the Island of St. Nicholas near Plymouth; for which the Lords have often sent, and never received any such satisfactory Answer.

and to amend Mr. Thistlewayt's order for being sheriff of Wilts.

2. To desire their Concurrence, in adding the Word ["Junior"] to the Order for making Mr. Thistlewayte High Sheriff for the County of Wilts.

The Earl of Northumb. (fn. 1) reported from the Committee of both Kingdoms, a Paper; which was read, as follows:

"Die Saturni, 25 die Oct. 1645.

"At the Committee of both Kingdoms, at Derby House.

Col. Dulbier to Command the Forces against Donnington.

"Ordered, That both Houses be moved, for an Order, to give Commission to Colonel Dulbeir, to command in Chief the Forces appointed for the Service against Donnington.

"Gualter Frost,

"Secretary to the same Committee."

Ordered, That the Committee of both Kingdoms do grant a Commission to Colonel Dulbeir, as is de sired; and the Concurrence of the House of Commons to be desired herein.

And accordingly this was sent down to the House of Commons, by the Message sent by Doctor Aylett and Doctor Heath.

Message from the H. C. for the E. of Rutland to have 5000l. out of L. Campden's Estate;

A Message was brought from the House of Commons, by Sir John Wray Baronet, &c.

To desire Concurrence in these Particulars following:

1. That Fifteen Hundred Pounds per Annum be allowed and paid to the Earl of Rutland, for his present Subsistence, out of the Lord Viscount Campden's Estate, until Five Thousand Pounds be levied out of the said Estate to the Use of the said Earl of Rutland; and it is referred to the Committee of Lords and Commons for Sequestrations, to take Care that this Order may be duly put in Execution.

Agreed to.

and for Col. Dulbeir to command against Donnington.

2. Ordered, That the Members of both Houses that are of the Committee of both Kingdoms do forthwith grant a Commission to Colonel Dulbeir, to command the Forces in Chief, that are to be employed against Dunnington Castle; and that they grant him a Commission to execute Martial Law.

Agreed to.

The Answer returned was:

Answer.

That this House agrees to both the Particulars now brought.

Message from the H. C. for a Public Thanksgiving for the late Successes;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

To desire Concurrence in these Particulars following:

1. Ordered, That on the next Lord's-day, Public Thanks shall be given to Almighty God, in all Churches and Chapels within the Lines of Communication and Weekly Bills of Mortality, for the great Blessing and Success it hath pleased God to give the Parliament Forces in Wales, in the taking in, and reducing to the Obedience of the Parliament, the Town and Castle of Caermarthen; and for the taking in and reducing of the Town and Castle of Monmouth; and that Mr. Alderman Pennington and Colonel Venn do acquaint the Lord Mayor with this Order, and desire him, that timely Notice may be given hereof to the respective. Ministers within the Limits aforesaid.

Agreed to.

with an Amendment to the Widows Ordinance;

2. That the Words ["or Gouldsmithes Hall"] may be added to the Ordinance of both Houses, dated 18 October, for granting One Thousand Pounds to be paid for the Relief of the poor Widows.

and for a Conference about some Letters lately taken.

3. To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning some Letters taken at Shurburne, in the North.

Ordered, To give a present Conference, in the Painted Chamber.

The Answer returned was:

Answer.

That this House agrees to the Order for the Thanksgiving; and that their Lordships will give a present Conference, in the Painted Chamber, as is desired: Touching the Addition of the Words ["Gouldsmithes Hall"] to the Ordinance, this House will take it into Consideration, and send an Answer by Messengers of their own.

L. Campden bailed.

The Lord Viscount Campden was brought to the Bar, but did not kneel as a Delinquent, together with his Sureties; which this House approving of, they entered into Recognizance, as follows:

The Condition is, That the said Lord Viscount Campden shall appear before the Lords in Parliament, upon Two Days next after Notice be left at his House at Kensington.

Sir C. Mordant to be attached for Contempt.

Upon reading the Affidavit of Jeremy Savidge, "That, upon the 23th of February last, he served Sir Charles Mordant, at his House, at Little Massingham, in Norff. with a Copy of a Petition, and an Order of the Lords assembled in Parliament, to appear before their Lordships Fifteen Days after the Delivery thereof;" but there being no Obedience given to the said Order: It is Ordered, That the Gentleman (fn. 2) Usher of the Black Rod attending this House shall attach the Body of Sir Charles Mordant, and bring him before this House, to answer his said Contempt to this House.

Ordinance for Relief of Officers, &c. Widows.

A new Ordinance was presented to the House, for adding ["Gouldsmithes Hall"] to the Ordinance concerning the Widows; which was read, and Agreed to; and Ordered to be communicated to the House of Commons, for their Concurrence.

Hawes's Cause.

Upon hearing the Counsel on both Sides, concerning the Cause between Anne Hawes Widow and the Governors of Christ's Hospitall Plaintiffs, and Nic. Hawes Defendant, against an unjust Decree in the Court of Wards: It is Ordered, That this Cause shall be further heard on Friday Morning next, by Counsel on both Sides.

Message to the H. C. with Amendments to Two Ordinances.

A Message was sent to the House of Commons, by Doctor Heath and Doctor Aylett:

To desire Concurrence in the Alteration concerning the Ordinance for the County of Leycester; and Concurrence in the Ordinance for adding ["Gouldsmithes Hall"] to the Ordinance for the poor Widows.

Ordinance to grant the Iron Works in the Forest of Deane to Colonel Massey, with a Proviso for the E. of Salisbury and Sir E. Leech.

"Whereas the Lords and Commons in Parliament assembled, having from Time to Time taken Notice of the extraordinary and faithful Service performed by Colonel Edward Massey, heretofore Governor of the City of Gloucester and Parts adjoining, and now Commander in Chief of the Western Forces, do, as a Declaration of their good Opinion, and for the further Encouragement of the said Colonel Massey, now Order and Ordain, and be it hereby Ordered, Ordained, and Declared, by the said Lords and Commons, That the said Colonel Edward Massey shall have, hold, and enjoy, to his own proper Use and Benefit, all and singular the Iron Mills, Forges, Furnaces, and other Iron Works, with the Appurtenances, in the Forest of Deane, that were in the Tenure or Possession of Sir John Winter Knight, either of his own Inheritance, or by any Grant from the Crown, or in the Possession or Occupation of any of his Tenants or Assigns, together with all the Utensils, Water, and Water Courses, to the said Iron Works, or any of them, belonging; and also that the said Colonel Massey and his Assigns shall have Power to take and dig Iron Ore and Cinder, within the said Forest; and that the Committee of the Revenue, or such as they shall appoint, shall assign unto him the said Colonel Massey, or his Assigns, such Wood, not being Timber of Ash, Oak, Elm, or Beech, for Fuel, and for the making of Coal, for the Use of the said Iron Works and Mills, as shall be necessary, and such reasonable Rates and Prices as to them shall be thought fit: Provided always, and it is further Ordered and Ordained, That all Rents and Monies which are or shall be payable unto the Revenue of the Crown, from the said Sir John Winter, Sir Baynham Throckmorton, John Gunings, the said Edward Massey, or any other Persons, their Tenants or Assigns, upon any Leases, Contracts, Sales, or Agreements, for any Woods or Lands, or other Profits, in the Forest of Deane, other than Iron Mills, Forges, Furnaces, and other Iron Works aforesaid, with Utensils, Waters, Water Courses, and Appurtenances, in the Forest of Deane, hereby granted to the said Edmund Massey, shall be applied, by the Receiver of the County of Gloucester, towards Satisfaction of the Monies and Damages due, or which shall be due, to Will'm Earl of Salisbury, which were directed to be paid, by His Majesty's Letters Patents, dated primo Julii, 1640, and by Two Tallies struck, or by an Ordinance of Parliament, dated the Eighth of September, 1642, until the said Earl and his Assigns be fully satisfied the same: Provided also, That this Ordinance shall not prejudice Sir Edward Leech for any Thing he can pretend to the Premises in the Forest of Deane, other than the Iron Mills, Forges, Furnaces, and other Iron Works aforesaid, which Utensils, Waters, Water Courses, and the Appurtenances in the Forest of Deane (fn. 3), are hereby granted unto the said Colonel Massey."