House of Lords Journal Volume 8: 25 November 1645

Die Martis, 25 die Novembris.

Prayers, by Mr. Gouge.

Ds. Grey de Warke, Speaker.

Assembly to compleat the Confession of Faith and Catechism, and the Members of it to attend.

It is this Day Ordered, That the Assembly of Divines be hereby desired to hasten the compleating of a Confession of Faith, and Common Catechism, with all convenient Speed; for which Purpose, they are to sit by Nine of the Clock in the Forenoon every Day of their Sessions, and continue until Twelve: And it is further Ordered, That all the Divines (Members of that Assembly) do come thither before Nine of the Clock, and continue there until the Rising of the Assembly every Day wherein they fit, unless in Case of Sickness, or other urgent Necessity, to be allowed by the Assembly; wherein so often as any fail, they are not for those Days to receive the Allowance appointed by Ordinance for their Attendance there: The Prolocutor and Scribes are to give Notice hereof to all that are absent, and to certify their Names who shall not attend accordingly to One or both Houses of Parliament; and the Concurrence of the House of (fn. 1) Commons to be desired herein.

Message to the H. C. about it, and the following Particulars.

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

1. To desire Concurrence in the Order concerning the Divines, to hasten the Catechism, &c.

2. To desire their Concurrence in the (fn. 2) Alteration in the Ordinance for Two Thousand Pounds for Munster.

3. To put them in Mind of Hancock's Business.

4. To put them in Mind of the Petition of the Scotts Officers.

5. To put them in Mind of the Business concerning Captain Batten.

6. To communicate to them the Paper presented Yesterday from the Scotts Commissioners.

Waters' Petition.

Upon reading the Petition of Walters: It is Ordered to be referred to the Committee of Lords and Commons for Sequestrations. (Here enter it.)

Earl of Stamford's and Ihannes' Businesses.

Ordered, That the Committee of Privileges do meet on Thursday next, in the Afternoon, at Three a Clock, about the Report of the Conference with the House of Commons, concerning the Earl of Stamford's Business, and the Business of Ihanns; and some of the Judges to attend.

Answer from the H. C.

Sir Edw. Leech and Mr. Page return with this Answer:

That the House of Commons will (fn. 3) give a Conference, as desired, presently: To the rest, they will send an Answer by Messengers of their own.

Eaton to be instituted to Maxey.

Ordered, That Tho. Eaton Clerk, being presented to the Vicarage of Maxey, in the County of Northampton, by the Commissioners of the Great Seal, shall be instituted and inducted thereinto by Doctor Heath.

Upon reading the Petition of divers of the Servants of the King's Children; desiring, "that their Persons may be protected from Arrests, until the Monies for their Arrears be paid them, which are promised them."

Ordered, That they shall have the Privilege of Parliament, until they shall have Satisfaction from the Parliament.

Lady Maynard, Privilege in Bowel's Suit.

The Answer of Anne Lady Maynard, late Wife of Wm. Lord Maynard deceased, to the Petition of Nicholas Bowell, was read. (Here enter it.)

And it is Ordered, That the Lady Maynard shall be allowed her Privilege of Parliament.

Message from the H. C. with Ordinances;— about Grove, and the following Particulars.

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

To desire Concurrence in divers Ordinances:

1. To desire that, at the next Conference, their Lordships would afford them a Free Conference, touching the late Conference concerning Grove, which concerns the Privilege of the House.

2. A Letter to be sent to the Parliament of Scotland, concerning the Garrison of Belfast, in Ireland.

3. For adding Names to the Committee for Cumberland.

4. For adding Names to the Committee for Coventry.

5. An Answer to the Scottch Papers.

The Answer returned was:

Answer.

That this House will give a Free Conference, presently, in the Painted Chamber, concerning the Business of Grove, which concerns the Privilege of this House: To the rest, this House will send an Answer by Messengers of their own.

Commissioners of the Admiralty to hear the Report of Dr. Walker's Negotiation.

Ordered, That the Letter from the Governor of Flanders, brought by Doctor Walker, be communicated to the House of Commons; and to let them know, that this House doth concur with them, in referring to the Commissioners of the Admiralty the Hearing of the Report of Doctor Walker's Negotiation in Flanders; and to consider of this Letter, and to make Report thereof to the Houses.

The House was adjourned during Pleasure; and the Lords went to the Conference.

The Conference being ended, the House was resumed.

Report of the Conference about Grove.

The Lord Robertes reported, "The Effect of this Conference was, That it was expressed by the House of Commons, that this Conference was, to hold a good Correspondency between both Houses; and that the Person, Grove, that is attached by the Order of the Lords House, is avowed by Mr. Gourden to be his menial Servant; and therefore they desire he may be released, according to the Privilege of Parliament."

Grove discharged.

Ordered, That in regard this Tho. Grove is avowed to be a Servant of a Member of the House of Commons; upon the Desire of the House of Commons, he is discharged from his Restraint.

Ordered, That this House approves of that which the Lord Robertes delivered now at the Conference.

Steward and De Franchi.

Ordered, That the Cause of Captain Walter Steward is put of till To-morrow Fortnight.

Order concerning Berkley Castle.

The Order concerning the Lord Berckley's Castle, was read, and approved of. (Here enter it.)

Letter to the Parliament of Scotland, about putting Belfast again into the Possession of the English Forces.

The Letter to be sent to the Parliament of Scotland, concerning the Town and Garrison of Belfast, in Ireland, read Twice, and committed to the Consideration of these Lords following; and to report the same to this House:

Any Two, to meet when they please.

Waters's Petition, to be relieved from a Debt due by his late Brother to Lowe, a Delinquent.

To the Right Honourable the House of Peers.

The humble Petition of Wm. Waters Gentleman;

Humbly sheweth,

"That John Waters Gentleman, the Petitioner's late Brother, a Man very faithful and active for the Parliament, and of special Use in the Garrison of North'ton, had his House and Ground several Times plundered, and about Eighteen Horses, Six Hundred Sheep, Thirty Beeves of his and the Petitioner's, and all his Corn and Goods, taken from him by the Enemy; and about Midsummer, 1643, was himself taken Prisoner, and carried to Banbury Castle, and there put into a loathsome Dungeon, where he endured about Six Months barbarous and inhuman Cruelties, and, no Exchange nor Ransom being accepted, he most miserably died there.

The said John Waters, being in his Life-time much indebted to divers Persons in great Sums of Money, hath left his Debts upon the Petitioner, being his Executor and next Heir at Law, and engaged as Surety amongst other well-affected Persons who are also Sureties for those Debts.

The Petitioner being also One of the Committee for Sequestrations in North'tonsheir, and therefore much maligned by the Enemy, and plundered of his whole Estate, is disabled to pay his Brother's said Debts, or to maintain his own Family.

He humbly beseecheth your Lordships, that whereas the said John Waters died indebted unto George Lowe Esquire, a Delinquent, in the Sum of Five Hundred Pounds, secured by a Lease of the said John Waters' Lands, your Lordships would be pleased that, the said Debt being sequestered, the Petitioner and the said Lands may be thereof discharged by Authority of Parliament; and that the same may be allowed to the Petitioner (upon such Terms as your Honours shall think fit), towards the Payment of his Brother's said Debts, and Discharge of the Petitioner and the other Sureties aforesaid; and to that Purpose, to refer the same to the Honourable Committee of Lords and Commons for Sequestrations, as the Honourable House of Commons have already done, by the Order annexed.

"And he shall most humbly pray, &c."

"Die Sabbati, 17Febr. 1643.

Order of the H. C. for that Purpose.

The humble Petition of Wm. Waters Gentleman, of the County of North'ton, was this Day read; whose Brother died in the Service of the Parliament, and has been undone by the Enemy's Forces, and hath nothing to rely upon but the Favour of the Houses, in relieving him upon a Debt owing to Mr. George Lowe a Delinquent, whose Estate is sequestered: And it is Ordered, by the Commons assembled in Parliament, That it be recommended to the Committee of Lords and Commons for Sequestrations, for the Petitioner's Relief.

"H. Elsing, Cler. Parl. D. Com."

The Answer of Anne Lady Maynard, late Wife of Wm. Lord Maynard deceased, to the Petition of Nicholas Bowell.

Lady Maynard's Answer to Bowel's Petition.

That true it is, that the Petitioner Nicholas Bowell did marry Susan, eldest Daughter of the said Lord Maynard, but without the Consent of the Respondent, or any of the Friends of the said Susan.

That true it is, that the said Lord Maynard gave, by his Will, to the said Susan, several Legacies, as well for her Maintenance till Marriage, as Five Thousand Pounds Portion, the Time of Payment thereof being limited at her Marriage, or within Three Months next after; but the Means to raise the same being out of the Profits of certain Lands in the said Will devised, for Payment of Debts and Legacies to this Respondent for One and Twenty Years, if she should live so long a Widow; and, if she died, then the same Lands, and other Lands, for raising of Money to pay the said Debts and Legacies, were devised to other Trustees in the Will named, for the Remainder of the said Term; and if the same Provision should not be sufficient, then the said Lands were devised to the said Susan and her Sisters, till such Time as they should raise their Portions out of the Profits of the same Lands, and no longer.

That, at the Death of the said Lord Maynard, there were Debts to the Value of Seven Thousand Pounds, and above, to be paid in the First Place, before Legacies.

That, by the Will, it was declared, That William Lord Maynard, Son and Heir of the said Lord Maynard, deceased, was to have an Accompt what was raised and paid; and he giving Security for such Debts and Legacies as upon the said Accompt appeared to be due, the Estate devised to this Respondent was to cease; and that, after, the said Susan dying, leaving a Daughter, and the Admistration of the said Susan being granted to the said William now Lord Maynard, for the Use and Behoof of his Sister's said Daughter; he, in Right of his Administration, claiming the said Portions, for the Preservation thereof for the said Daughter.

That the Covenant in the Petition mentioned to be entered into was drawn from this Respondent by Surprize, and upon Pretence that this Respondent ought to pay the same at the Day of Marriage of the said Susan; whereas the same, by the Will, was not to be paid but in Course after Debts, and when the same might be raised out of the Profits of the said Lands; and the same now is to be paid out of the said now Lord Maynard's Estate, this Respondent having no Assets to pay the same.

Upon all which Reasons, and for that the Question is, to whom the said Portion belongeth, whether to the said Petitioner or to the said Lord Maynard as Administrator of the said Susan, she, this Respondent, desires your Lordships she may have the Privilege of her Peerage, to protect her against Suits from the said Petitioner's Claim, and that he may petition to be relieved against the said Lord Maynard, who ought to pay the same if it be due.

Order to prevent Berkley Castle from being demolished.

The House being informed, by the Lord Berkley, That the demolishing of his Castle of Berkly have been lately informed to the Committee of both Kingdoms to be very necessary, which is and hath been the ancient Seat of the Lord Berkley:" It is Ordered, by the Lords in Parliament, That it be hereby specially recommended to the said Committee, that speedy Directions be given from them, that the said Castle be not defaced, slighted, or demolished, through any Pretence whatsoever, being the said Lord Berkly hath suffered so deeply already for his adhering to the Parliament, and the demolishing of his ancient Seat would be a great Increase to his former Losses, and an irreparable Mischief and Prejudice to his Posterity in the Future.