House of Lords Journal Volume 8: 10 February 1646

DIE Martis, 10 die Februarii.

PRAYERS, by Mr. Lightfoote.

Comes Manchester, Speaker.

Ld. Morley, a Pass, to come up to compound for his Delinquency.

Upon reading the Petition of Henry Lord Morley and Mountegle; shewing, "That whereas he having voluntarily submitted himself to the Parliament, upon the 28th of November last, by virtue of a Pass from Colonel Thornton, to the End he may compound for his Estate, according to the Ordinance of Parliament; therefore desires some Course that he may be brought to London in Safety."

It is Ordered, That he shall have the Pass of this House, to come up safely to London.

Answer from the H. C.

Sir Edward and Mr. Page return with this Answer from the House of Commons:

That concerning the Conference, they will send a speedy Answer, by Messengers of their own: As concerning the Ordinance for making the Master of the Hospital of Loycester, they will take it into speedy Consideration, and send an Answer by Messengers of their own.

Message from thence, to defer the Conference about the Propositions concerning Ireland;

A Message was brought from the House of Commons, by Sir Henry Mildmey Knight:

1. To let their Lordships know, that the Business of the House of Commons is now so great, and in regard of the Propositions, that they desire their Lordships would please to defer the Conference until some further Time.

to expedite some Ordinances;

2. To desire their Lordships would please to give Expedition to the Ordinance concerning Martial Law.

3. To desire Expedition in the Ordinance concerning beating up of Drums for Recruit of Sir Thomas Fairefax' Army.

4. To desire Expedition in the Ordinance concerning Commissioners for the Church Government.

to communicate the Vote for limiting the Scots Horse to the Commissioners; and with Orders.

5. To desire that the Vote for reducing the Scotts supernumerary Horse may be communicated to the Scotts Commissioners.

6. To desire Concurrence in an Order concerning Colonel Nedham, Governor of Leycester.

7. To desire Concurrence in an Order of giving Allowance to Sir James Harrington.

The Answer returned was:

Answer.

That this House will take these Particulars into Consideration, and will send an Answer by Messengers of their own.

Reduced Scots Officers Petition, for Necessaries.

A Petition from the Scotts Officers reduced, was read; setting forth "their great Want of Necessaries, to sustain them from Starving."

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

Letters concerning the E. of Glamorgan's Treaty with the Irish Rebels.

Next, some Letters were read, which were, by Captain Moulton, Admiral of the Irish Seas, taken and sent up; wherein was divers Letters, and the Copy of the Articles which the Earl of Glamorgan made with the Irish, for sending over Ten Thousand Irish; and a particular Letter of the pretended Earl of Morgan to his Lady in England, shewing how kindly he is used by the Lord of Ormond and the Council there, he being accused by the Lord George Digby of High Treason.

And it is Ordered, That these Letters be sent down to the House of Commons.

Fincham and Slipper versus Cook, in Error.

Upon reading the Petition of Tho. Fincham and Arthur Slipper; desiring "they may have an Order of this House, for the granting them Liberty to have a Writ of Error." (Here enter the Petition.)

It is Ordered, That the Petitioners shall have an Order of this House, directed to Mr. Justice Bacon, for the issuing out of a Writ of Error, according to the usual Form; and certify the Proceedings of the Cause unto this House.

Ordinance for Martial Law in Aylesbury, &c.

The Ordinance concerning Martial Law for the Garrison of Aylsebury and Newport Pagnell, was read, and passed with a Proviso.

Propositions concerning the City.

Ordered, That the Propositions concerning the City shall be sent to the House of Commons, by a Message, presently.

Message to the H. C. for the Propositions concerning the City to be sent to the King.

A Message was sent to the House of Commons, by Mr. Justice Pheasant and Mr. Justice Rolls:

To let them know, that their Lordships have received lately a Petition from the City of London; and this House taking their Desires in the said Petition [ (fn. 1) into Consideration], have agreed upon Two Votes, which were communicated to the House of Commons, and their Concurrence desired therein: And their Lordships taking into Consideration the great and eminent Service and Affection which the said City hath shewed to the Parliament and the whole Kingdom, they think it fit that this Proposition concerning the Militia of the said City be sent, as it was presented amongst those Petitions (fn. 2) as were treated on at Uxbridge, with the First Propositions to the King; and that the rest of the Propositions concerning the City of London, to which this House agrees, may be sent now to the King, wherein their Concurrence is desired.

Pelham, Best, &c. for Depredations on the Ground near the Priory House of Rygate, belonging to the Counters of Peterborough, by Direction of Ld. Munson.

Upon reading the Affidavit of Thomas Forster, taken before Mr. Page, "That, upon Wednesday the 4th of February, 1645, he saw Four Workmen, videlicet, Ric'd Pelham, Andrew Best, Wm. Snelling, and John Baker, grubbing up of a Walnut-tree, upon the Ground called The Lawne, near the Priory House of Rygate, to which Piece of Ground the Right Honourable the Countess Dowager of Peterborough layeth Claim; and that this Deponent went to the said Workmen, and demanded of them, who set them on Work; who answered (fn. 3) "John Holesworth did; and that my Lord Munson would bear them harmless:" Whereupon this Deponent told them, "They had best beware what they did, for there was an Order of Parliament to the contrary." Yet, notwithstanding, they continued working about the said Tree till that Night; and a Load of Roots was then carried away by the Lord Munson's Team: And this Deponent further faith, That the next Day, being Thursday, February 5th, this Deponent served the Order of Parliament upon the said Workmen, being then at Work again about the said Tree. They thereupon desisting, told the said John Holdsworth of the Business; who came to this Deponent, and said, "That the Lord Munson had sold him the Tree for Ten Pounds;" and Wm. Snelling, One of the said Workmen, told this Deponent, "That he knew of the said Order Twelve Months since."

Conference to be had with the H.C. about it.

Ordered, That in regard this Business concerns the Lord Munson, a Member of the House of Commons, it be communicated to the House of Commons, at the next Conference; with a Desire that there may be a good Correspondency kept between the Two Houses in Point of Privilege; and that some Consideration may be had, that Justice may be administered where it is due.

Ordered, That the Report concerning Mr. Jennings' Business shall be read the First Thing To-morrow Morning; and the Ordinance for beating up Drums for Volunteers to be the next Thing read after that.

Fincham and Slipper, Petition for a Writ of Error against Cooke.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Thomas Fincham and Arthur Slipper, of London, Merchants;

"Sheweth,

"That your Petitioners, in September, 1643, did hire one William Cooke to carry in his Ship for them, into Scotland, a certain Quantity of Malt, and there to sell it at the best Advantage, and, with the Money and Proceed thereof, to lade his said Ship Home back again for them with Scottsh Coals, and bring them to London, and return them the Overplus of the Money.

"That the said Cooke accordingly carried the said Malt into Scotland, and sold it for near One Hundred Pounds, and bought Scotch Coals, and laded his Ship therewith, and brought them to Yarmouth in Norfolke, and there sold them upon his own Accompt, and received the Money, and had agreed there to take in a Freight to go beyond the Seas; which your Petitioners hearing, and that he never intended to return to London to give them an Accompt of their Malt, endeavoured to arrest the said Cooke at Common Law; but could not, by reason he kept himself always on Ship-board: Wherefore your Petitioners were enforced to arrest his Ship by Process from the Admiralty Court, or else to lose all their said Malt.

"Now so it is, may it please your Honours, that the said CookedHen. IV. for double Damages against such as prosecute in the Court of Admiralty upon Contracts done at Land, and hath recovered One Hundred and Sixty Pounds Damages, besides Costs of Suit, in the Proceedings of which Suit there are many gross Errors.

"May it therefore please your Honours to grant unto your Petitioners His Majesty's Writ de Errore corrigendo, directed to Mr. Justice Francis Bacon, commanding him to certify the Proceedings of the said Suit unto your Honours in this Honourable House; and that your Honours, upon Examination of the Premises, will be pleased to relieve your Petitioners herein as to your great Wisdoms shall seem meet.

"And your Petitioners will ever pray, &c."

Mrs. Stapleton's Cause.

Ordered, That this House will take into Consideration the Business of Mrs. Stapilton, and the Court of Wards, the 14th of this Instant.

Pass for Lord Morley, &c.

A Pass for the Lord Morley and Mounteagle and his Three Servants (videlicet), William Proctor, Wm. Chivell, and Robert Crofte, with their Horses and Necessaries, to come from Lancaster up to London.

Cotton Clare to be instituted to Broughton Ashley.

Ordered, by the Lords in Parliament assembled, That Mr. Doctor Aylett, or such other as he shall appoint, are hereby authorized and appointed, upon Sight of this Order, to institute and induct Wm. Cotton Clare to the Rectory of Broughton Ashely, in the County of Leicester; the said Mr. Cotton producing his Presentation thereunto, under the Hand and Seal of the Right Honourable the Earl of Stamford, Patron; and this to be a sufficient Authority for so doing.

Adjourn.

House adjourned till 9^a cras.