House of Lords Journal Volume 8: 27 November 1645

Die Jovis, 27 die Novembris.

Prayers, by Mr. Salawey.

Ds. Grey de Warke, Speaker.

Order for a Thanksgiving in the Eastern Association.

Ordered, That Thursday, the 18th of December next, be solemnly set apart and kept, through all the Counties of the Eastern Association, as a Day of Public Thanksgiving unto God, for His singular Mercies, in preserving the said Counties so graciously from the Fury and Violence of the Enemy: And it is referred to the Committee of Lords and Commons for the said Association, to take Care that this Order be forthwith printed, and sent to the several Committees of their respective Counties, who are to communicate the same to the Ministers of all the Parishes within their several Divisions; and they to publish it in their several Churches the next Lord's-day after the Receipt thereof, that the said Day may be kept accordingly with a Solemnity answerable to those special Obligations of Thankfulness which God hath laid upon the said Counties.

The Concurrence of the House of Commons to be desired herein.

The Earl of Warwicke reported a Paper from the Committee for the Admiralty; which was read, as follows:

Die Veneris, 20 Maii, 1645.

Dr. Walker to be Advocate of the Admiralty.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Whereas Doctor Walter Walker was chosen by this Committee, to be Advocate of the Admiralty and Fleet, upon a Recommendation from the House of Commons; Ordered, That he be presented from this Committee to both Houses of Parliament, for their Approbation in that Behalf, with a Desire to have a convenient Salary allowed him for that Service.

Ordered, That this House approves of this Report; and that it be specially recommended to the House of Commons.

Haule and Collins versus Maxwell in Error.

Upon reading the Petition of George Haule Esquire, for a Writ of Error: (Here enter the Petition). It is Ordered, That this Petition be respited till James Maxwell Esquire return out of Scotland.

Redness & al. and Petit.

Upon reading the Petition of Leonard Rednes, &c. It is Ordered, That the Difference between the Petitioners and Mr. Petit shall be heard, at this Bar, by Counsel on both Sides, the 12th of December next.

Committees for Nott. and Coventry.

The Names added to the Committees for Nottingham, was read, and Agreed to. (Here enter it.)

The Names added to the Committee for Coventry, was read, and Agreed to. (Here enter it.)

E. of Stamford's and Ihannes' Businesses.

Ordered, That the Committee for Privileges, appointed to meet this Day, shall (fn. 1) meet on Tuesday next, in the Afternoon.

Sir W. Russel & al. and Lenthall & al.

Upon reading the Petition of Sir Wm. Russell, &c. (Here enter it.) It is Ordered, To be referred to the Consideration of the Committee for Privileges, to meet on Tuesday next; and the Judges to attend, and the Petitioners to be then present.

Preachers at the Fast thanked.

Ordered, That Mr. White and Mr. Burroughs shall have Thanks given them, for their Sermons preached Yesterday; and desired that they will print and publish their Sermons.

Preachers at the next.

Ordered, That Mr. Greenhill and Mr. Gower are appointed to preach the next Fast-day, before the Lords, in the Abbey Church.

Letter to the Parliament of Scotland, about Belfast.

The Lord Wharton reported the Letter to be sent to the Parliament of Scotland, concerning the Garrison of Belfast, in Ireland; and the Committee thinks it fit to pass, with an Alteration; which were read, and Agreed to; and Ordered to be communicated to the House of Commons, for their Concurrence in the Alteration.

Message to the H. C. with an Ordinance;

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

1. To desire their Concurrence in the Ordinance for Thanksgiving within the Counties of the Eastern Association.

for Dr. Walker to have a Salary; and that the Commissioners of the Admiralty may hear his Report.

2. To recommend the allowing of Doctor Walker to have a Salary.

3. To let them know, that this House agrees to refer the Hearing of Doctor Walker's Report concerning his Negotiation to the Committee for the Admiralty; and they to make Report thereof to this House; and to communicate the Letter of the Governor of Flanders to them, and desire it may be referred to that Committee.

and about the following Particulars.

4. To recommend the Lord Cromwell's Petition to them.

5. To recommend to them, that John Locker be Commander of the Prize Ship taken at Weymouth.

6. To put them in Mind of the Earl of Chesterfield's Business.

7. To put them in Mind of Captain Canon's Ordinance.

8. To desire their Concurrence in the Alterations in the Letter to be sent to Scotland.

The Answer returned was:

Answer.

That they agree to the Alterations in the Letter to be sent to the Parliament of Scotland: (Here enter it.) And to the Business of Doctor Walker; to the Order for Thanksgiving: To all the rest of the Particulars, they will send an Answer by Messengers of their own.

E. of Devonshire's Composition.

The Order concerning the Earl of Devonshire's Composition was read; and it was Ordered to be respited till the Lord Howard do inform this House that the said Earl hath perfected his Composition at Habberdashers Hall, for his Fifth and Twentieth Part.

L. Grey to send Horses to France.

Ordered, That the Lord Grey of Warke shall have Liberty to send into France Two Nags, or Geldings, Custom-free, to Grey Esquire, Son of the said Lord Grey.

Bristol Ordinance.

Ordered, That the Ordinance concerning Bristoll shall be taken into Consideration To-morrow Morning, the First Business.

Stapleton's Cause.

Upon hearing the Counsel of Mrs. Stapilton, against a Decree in the Court of Wards: It is Ordered to be taken into Consideration on Saturday next.

Committees for Nottingham and Coventry.

Ordered, by the Lords and Commons assembled in Parliament, That Colonel Henry Ireton, Major Jarvase Lomax, John James Alderman of Nottingham, and Mr. John Hooper, shall be, and are hereby, added to the respective Committees for the Town and County of the Town of Nottingham and the County of Nott.

Resolved, by the Lords and Commons, &c. That Richard Jesson Mayor of Coventry, John Hale Esquire, Thomas Ward Alderman, and Thomas Forest Alderman there, shall be, and are hereby, added to the Committee of the City of Coventry and the County of the same, for Assessing and Sequestrations there.

Sir W. Russell & al. versus Lenthall & al. about a Suit in the Admiralty Court.

The Right Honourable the Lords in Parliament assembled.

The humble Petition of Sir Wm. Russell Knight and Baronet, Wm. Geeres, John Wood, George Fletcher, and others;

Humbly sheweth,

That whereas the King's Majesty long since made a League with the King of Barbary, wherein, amongst other Things, it was articled, "That His Majesty's Subjects should have Liberty to trade into Barbary, so that they did not trade into those Parts of the King of Barbarye's Dominions then in Rebellion against Him;" whereupon His Majesty, by His Letters Patents, granted unto all His Subjects free Liberty to trade and traffic into the said Kingdom of Barbary, the Places before excepted; and thereupon your Petitioners and others, with a joint Stock of Twentythree Thousand Pounds and upwards, trading into the said Kingdom of Barbary, and to that Purpose having divers Factors and Agents there, were informed by a Letter from The Downes, that there was a Ship then residing there, called The Hopewell, whereof Thomas Lenthall, John Marston, and others, were Owners and Freighters, laden with Goods and Merchandizes most proper for those Parts of Barbary then up in Rebellion; and that the Captain and Factor of the said Ship had openly declared, that they were bound to trade with the Rebels there; and your Petitioners, knowing the same would not only be a Confiscation of all their Stock, but also for the Forfeiture and Loss of all the Lives of all their Factors and Agents there, your Petitioners, or some of them, did thereupon shew the said Letter to Secretary Cooke, who, as your Petitioners were informed, did acquaint His Majesty with the same; and thereupon, by Order of the Council Board, the said Ship was stayed; and afterwards, upon the Petition of the said Marston and Lenthalls, pretending they did not intend to trade with the Rebels, was released, but was again, by His Majesty's Royal Command (without any Solicitation or Procurement of any of your Petitioners), staid until such Time as the said Marston and Lenthalls should enter Security not to trade with the said Rebels; which they refusing to do, the Ship was not permitted to go her said Voyage; but the said Marston and Lenthalls, or others, unladed Part of the said Goods into other Ships, which they did trade with the said Rebels, whereby your Petitioners lost all their said Stock; and some or most of their Factors and Agents were and are still imprisoned: Yet, notwithstanding, the said Marston and Lenthalls have libelled against your Petitioners in the Admiral Court, for the Stay of the said Ship, and, by indirect Proof of Witnesses, examined upon illegal (fn. 2) Commissions and otherwise, obtained Two several Sentences against your Petitioners, the one for Six Hundred Pounds, and the other for Four Thousand Pounds, from which Sentences your Petitioners appealed to Commissioners Delegates; whereupon the said Lenthalls and Marston petitioned the Honourable House of Commons, who referred the same back to the Delegates; but, at the Hearing, and after the Cause was entered into, your Petitioners and their Counsel were restrained to alledge any Plea to the Jurisdiction of the said Court, or Matter of Law, for their just Defence; and, as your Petitioners humbly conceive, the Commissioners Delegates were also restrained and directed to determine the said Cause only upon the Matter in Fact, without Consideration of the Matter in Law; by reason of which Restraint and Direction, the Commissioners Delegates have confirmed the said Sentence of Six Hundred Pounds, with One Hundred and Fifty Pounds Costs more against your Petitioners, and are likely also to confirm the said Sentence of Four Thousand Pounds:

The humble Suit, therefore, of your Petitioners is, that your Lordships would be pleased to take the said Cause and Matter into your Considerations; and that your Petitioners may be admitted to take the Benefit of the Laws and Statutes of this Kingdom for their just Defence; and that the Execution of the said Sentence, and all other Proceedings before the Delegates, may be staid until your Lordships have heard and determined the same.

And your Petitioners shall pray, &c.

Letter to the Parliament of Scotland, for Belfast to be given up by their Forces to the English.

The Houses of Parliament having received a Representation of the Estate of their Affairs in the North Parts of Ireland, and being on Considerations how they may make Preparation against the ensuing Spring for the carrying on of the War to the Encouragement of the Brittish Forces in those Parts, have commanded us to signify unto you, that both Houses have Ordered their Commissioners, lately sent into those Parts, to demand and receive the Town of Belfast from the Officers of the Scottish Army, for the Quartering some of the Brittish Forces there; and, left there should be any Failure hereof, whereupon so much of the good Conduct of that Affair depends, we are commanded, in the Name of the Lords and Commons assembled in the Parliament of England, to demand, and in their Names we do demand, that your Directions and Orders may be sent to such Officer as commands the Scottish Army in Chief within that Province, that the Town of Belfast be delivered over to the Commissioners sent from this Parliament, to be disposed of for the best Accommodation of that Service; and desire that the said Town may be delivered accordingly by the 11th of January next: This being all we have in Charge at present, wishing much Happiness and Prosperity to your Proceedings, we rest."

Ordered, by the Lords and Commons in Parliament, That the Committee of Lords and Commons for the Affairs of Ireland do with Care and Diligence send (fn. 3) "

Haule and Collins versus Maxwell in Error.

To the Right Honourable the Lords in Parliament assembled.

The humble Petition of George Haule Esquire, and John Collyns Gentleman;

Sheweth,

That there was a Recovery in the Exchequer, 2° Car. upon an Information of Intrusion, at the Suit of His Majesty, by the Prosecution of Robert Maxwell Esquire, His Majesty's then Servant, upon a special Verdict, whereby the Parsonages of Bocton, Aloph, Brensett, and the Vicarage of Wye, in the County of Kent, were recovered, by Judgement thereupon, by the said Mr. Maxwell, against your Petitioner George Haule, and your Petitioner Collyns his Father.

Now, forasmuch as the said Judgement given upon the said Information is in itself erroneous, and insufficient in the Law (as your Petitioners are informed by their Counsel), and the Proceedings thereupon contrary to Law;

May it please your good Lordships to give Direction and Warrant to the Cursitor of the said County, to issue out a Writ of Error in the said Cause, returnable in this High and Honourable Court of Parliament.

"And they shall pray, &c.

Adjourn.

House adjourned till 9^a cras.