House of Lords Journal Volume 8: 9 March 1646

DIE Lunæ, 9 die Martii.

PRAYERS, by Mr. Gower.

Comes Manchester, Speaker.

Cooper & al. versus Wilson.

Upon reading the Petition of Wm. Cooper, &c. (Here enter it.) It is Ordered, To be referred to the Commissioners Delegates, to certify the Matter of Fact in this Petition to this House; and then this House will take this Business into further Consideration.

Answers from the H. C.

Sir Edward Leech and Dr. Aylett return an Answer to the Message sent to the House of Commons:

That as to the Amendments in the Order for Mr. Whitlocke to have the Lord Littleton's Books, they do agree to the said Order, with the Amendments: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.

Dr. Aylett and Dr. Heath return an Answer to the Message sent to the House of Commons:

That they have delivered to them the Petition of the Lord Viscount Conway and Colonel Holles; and they will send an Answer by Messengers of their own.

Letter from Mr. Strickland.

The Speaker acquainted the House with a Letter from Mr. Strickland, Agent for the Parliament in Holland; which was read. (Here enter it.)

Sir R. Carr to attend.

Ordered, That Sir Robert Carr shall appear before this House this Morning, to be a Witness in the Cause of Robert Carr Gentleman, depending in this House.

Message from the H. C. with Orders, &c.

A Message was brought from the House of Commons, by Mr. Whitlocke, &c.

To desire Concurrence in these Particulars:

1. An Order for paying Four Hundred Pounds, for the Garrison of Henly. (Here enter it.)

Agreed to.

2. An Order for Thomas Middleton to be Governor of Chirke Castle. (Here enter it.)

Agreed to.

3. An Order concerning the Monies, how to be disposed of, as shall fall due in the Intervals of the Excise.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to these Three Orders now brought up.

A Building, near the Parliament House, stopt.

The House was informed, "That there is Building setting up, by Directions of the House of Commons, near the Parliament House, which takes the Light of the Little Lobby Room utterly away."

It is Ordered, That an Order shall be granted, to inhibit the Workmen from proceeding any further in the said Building; and afterwards to have a Conference with the House of Commons about it, that it may be pulled down.

Ordinance concerning the Isle of Ely.

The Ordinance formerly brought from the House of Commons concerning the Isle of Ely, was read, and Agreed to. (Here enter it.)

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Nath. Fiennes Esquire, &c.

To desire their Lordships Concurrence in an Ordinance for Fifteen Hundred Pounds, for the Garrison of Portsmouth. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought.

Sir R. Carr committed for Contempt.

Michaell Baker, Messenger to this House, upon Oath deposed, "That he served the Order of this House upon Sir Rob't Carr Baronet, to appear before this House this Morning, to be a Witness in the Business of Rob't Carr Gentleman: And his Answer returned was, That he was under Restraint, by Order of the Speaker of the House of Commons; and, until he hath Leave under the Hand of the Speaker of the House of Commons, he cannot come."

The House judged this to be a Contempt; therefore Ordered, That the said Sir Rob't Carr shall be committed to the safe Custody of the Gentleman Usher attending this House, until the further Pleasure of the House be signified.

Ordinance concerning Ireland.

The Ordinance for continuing the Assessment for Ireland, was read, and Agreed to. (Here enter it.)

Cooper, Le Maire, & al. versus Wilson, about Lady Mary Crane's Executorship.

"To the Right Honourable the Lords now in Parliament assembled.

"The humble Petition of William Cooper alias Le Maire, his Wife, and Daniell Brames, and Mary Brames alias Le Maire his Wife;

"Shewing,

"That, in the Cause first begun and prosecuted in the Prerogative Court, betwixt Marthana Wilson pretending herself Executor of the last Will of the Lady Mary Crane on the one Side, and the Petitioners on the other Side, touching the Probate and Validity or Invalidity of the said pretended Testament of the said Lady Crane deceased, Administration of the said Deceased's Goods, pendente Lite, was there granted to the Petitioners, being the next in Blood and Kindred to the Deceased; and the said Marthana Wilson being a mere Stranger, and in no Degree of Kindred to the Deceased, but only pretending herself Executor to the said Will: After which, the said Cause being appealed to the Court of Delegates, and the Petitioners being there admitted to put in their Exceptions to the said pretended Will, and plead their Defences, they did conceive and cause to be drawn up their said Exceptions, and their material Defence, in a Matter Specificatory, or Allegation Articulate; which was, in the Presence of the Proctors on both Sides, admitted by Two of the said Judges Delegates, having Power so to do; and the Petitioners did produce several Witnesses thereupon, who were duly and legally admitted, sworn, and examined, upon the said Allegation Articulate; and, being so examined as aforesaid, the Petitioners being desirous to speed the Cause, and well knowing that the said Marthana Wilson had formerly sworn and examined her Witnesses touching the Validity of the said pretended Will, the Petitioners did, by their Proctor, humbly pray Publication of their Witnesses, that they might have Copies, to instruct their Counsel in the Merits of their Cause; but Doctor Aylett, Doctor Heath, and Doctor Wiseman, Three other of the Judges Delegates, in the Absence of the Two former that had admitted the Petitioners Allegation, and in the Absence of the Petitioners Counsel, were so far from granting Publication, that they did expunge, suppress, or reject, divers of the material Articles of the Petitioners said Allegation formerly admitted, and upon which divers Witnesses were duly sworn and examined, and by that Means have deprived the Petitioners of the material Part of their Defence touching the very Merits of the Cause in Question; and for that the Petitioners do humbly conceive that the same Expungings, or Suppressing and Rejecting of the said material Articles, whereby consequently the Depositions of the Witnesses thereupon are likewise suppressed, is erroneous, and contrary to the Course of Proceeding; and so damageable to the Petitioners, that the Merits of their whole Cause depends upon it; and for that, in respect of an Act of Parliament in that Behalf, there lieth no ordinary Appeal from the Court of Delegates, so that the Petitioners can have no Relief in ordinary Course, but are necessitated humbly to petition your Lordships herein:

"The Petitioners most humbly pray, that, in a Case of this Nature, where ordinary Remedy fails, and yet both in Truth and Equity, Law and Justice, the Petitioners hope they ought to be relieved; that your Lordships will be pleased, in your well-known Love to Justice and Equity, to order, That the further Proceedings in the said Cause before the Judges Delegates may be staid and superseded; and for that the said Marthana Wilson hath examined her Witnesses upon the said Will, and the Petitioners have examined theirs likewise upon their Exceptions and Defence, to order, That the Publication the Petitioners desired may pass, and that Copies of all the Witnesses examined on both Sides may be delivered to either Party; and that the said Cause may receive a Hearing at the Bar before your good Lordships, there being many Things in the said Cause very proper there to be heard, and the Petitioners, as the Case now stands, being disabled to go to Hearing any where; that so your Lordships, upon full Hearing of both Sides, may do therein as to your Lordships shall seem to stand with Right and Justice.

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

Order for 400 l. for Henly.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Four Hundred Pounds, with Interest, shall be paid, for the Use of the Garrison of Henly, out of such Intervals of Receipts on the Excise, to come in upon the Ordinance of the Eleventh of September, 1643, as shall happen when other Payments already assigned on the Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Sum of Four Hundred Pounds, for the Use aforesaid, unto Colonel Purbeck Temple, Governor of Henly and Filles-Court, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the Commissioners of Excise for Payment of the said Four Hundred Pounds and Interest accordingly."

Order for Mr. Middleton to be Governor of Chirke Castle.

"The Lords and Commons assembled in Parliament do nominate, (fn. 1) and approve of, Thomas Middleton Esquire, to be Governor of Chirke Castle, in the County of Denbigh; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly."

Order for the Monies due in the Intervals of Excise to be applied to the Service of Sir T. Fairfax's Army.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Proceed of the Intervals that shall happen upon the Receipts of the Excise, before the First Day of July next, shall be all employed, except the particular Sums already charged upon the Intervals, towards the making up of the Fourscore and Four Thousand Pounds, or thereabouts, charged upon the Receipts of the Excise, by Order of the Houses, for the Service of the Army under the Command of Sir Thomas Fairefax General."

Order for 5000 l. for the Isle of Ely.

"Whereas, by an Ordinance, bearing Date the 19th of September last, 1645, the Sum of Two Hundred and Fifty Pounds per Week was charged on the Receipts of the Excise and new Impost, for the Maintenance of the Garrisons of the Isle of Ely, to commence, by Weekly Payments, from the said 19th of September last past; which hitherto could not be received, because the great Anticipations in those Receipts were then such as the same could by no Means be satisfied and paid according to the Intent of the said Ordinance: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the Sum of Five Thousand Pounds, which, after the Rate of Two Hundred and Fifty Pounds per Week, reckoned from the said 19th Day of September, to the Sixth Day of February last, intended to be paid unto the said Garrisons of the Isle of Ely amounteth to that Sum, be paid unto the Governor of the said Isle of Ely for the Time being, or his Assigns, out of the Receipts of the Excise, upon the Ordinance of the 11th of September, 1643, and no other, for the Use of the said Garrisons of the Isle of Ely, in Course after other Ordinances of Parliament already assigned upon the said Receipts shall be first satisfied and paid, and for the present Maintenance of the said Garrisons of the Isle of Ely; which said Five Thousand Pounds in Course, and Two Hundred and Fifty Pounds Weekly, from the Sixth Day of February Instant, 1645, the Commissioners of Excise for the Time being are hereby authorized and required to make due Payment of, unto the said Governor of the Isle of Ely, or his Assigns, according to the true Intent and Meaning of this Ordinance, whose Receipt or Receipts shall be from Time to Time a sufficient Discharge unto the Commissioners of Excise, and every of them.

"And if any Person or Persons shall advance or lend all or any Part of the said Five Thousand Pounds unto the said Governor of the said Isle of Ely, for the better Supply of the said Garrisons, until the same shall fall due and be paid in its Course as aforesaid; be it hereby Ordained, That the Assignment or Assignments of all or any Part of the said Five Thousand Pounds, by the Governor of the Isle of Ely aforesaid, shall be a sufficient Warrant unto the said Commissioners of Excise to pay all such Assignment or Assignments, not exceeding the Sum of Five Thousand Pounds aforesaid, in its due Course as aforesaid, unto such Person or Persons as shall so advance and lend the same, together with Interest, after the Rate of Eight Pounds per Centum, for so long Time as they shall be out of all or any Part thereof, which Person or Persons Receipt shall also be a sufficient Discharge unto the Commissioners of Excise and every of them for Payment of the Principal and Interest aforesaid."

Order for 1500 l. for the Garrison of Portsmouth.

"Whereas, by Ordinance of the 24th of June last, Five Thousand Pounds were charged in Course, on the Receipts of Excise, to come in upon the Ordinance of the 11th of September, 1643, towards the Payment of Two Hundred Pounds per Week, settled for the Maintenance of the Garrison of Portsmouth and South Sea Castle; and whereas Samuell Anthony, of London, Gentleman, hath, for Supply of the present Necessities of those Places, consented to a present Advance of Fifteen Hundred Pounds, in Part of the said Five Thousand Pounds assigned for the Use aforesaid: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Samuell Anthony, his Executors, Administrators, or Assigns, shall be satisfied and reimbursed the said Fifteen Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of the Recipts of Excise aforesaid, in such Order and Course as the Ordinance of the 24th of June last abovementioned shall succeed and take Place; and that the said Fifteen Hundred Pounds, advanced as aforesaid, be paid unto Colonel Richard Norton, for the Use aforesaid; whose Receipt, together with the Receipt or Receipts of the said Samuell Anthony, his Executors, Administrators, or Assigns, shall be a sufficient Warrant and Discharge unto the Commissioners of Excise and new Impost, and every of them, for Re-payment of the said Fifteen Hundred Pounds and Interest, and every Part and Parcel thereof, accordingly."

Order for continuing Assessments for Ireland for a longer Time.

"Whereas the Lords and Commons in this present Parliament assembled have, by their Ordinance of the Eighteenth of October, 1644 (which in some printed Copies beareth Date the Sixteenth of October, 1644), Ordained, That a Weekly Assessment should be had, made, and levied, through the Kingdom of England and Dominion of Wales, for the Relief of the Brittish Armies in Ireland, to commence from the First Day of September then last past, and to continue for One whole Year, as by the said Ordinance more at large appeareth; and whereas the said Lords and Commons have, by another Ordinance of theirs, dated the 15th Day of August, 1645, Ordained and Declared, That the before mentioned Ordinance, of the 18th of October, 1644, for laying the said Weekly Assessment for One whole Year, should, after the Time limited therein for Continuance thereof, be revived, and have Continuance for the Space of Six Months longer, to commence the First of November, 1645, and to (fn. 2) end the last Day of April, 1646, with the Alterations, Limitations, and Provisos therein mentioned, as by the said Ordinance of the 15th of August, 1645 (Relation being thereunto had) more at large may appear: Forasmuch now as it is found most expedient, that considerable Numbers of Horse and Foot (fn. 3) be added to those that are already in Ireland, and that Supplies of all Sorts be forthwith provided and sent thither for the carrying on of that War this next Summer, which will require a farther Expence of Monies than can be raised by the said Weekly Assessment for the Times set and limited in the Ordinances aforesaid: Be it hereby Ordained, by the said Lords and Commons in this present Parliament, That the said Weekly Assessment, first to be charged, rated, taxed, and levied for One whole Year, by the aforesaid Ordinance of the 18th of October, 1644, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for an Assessment through the Kingdom of England and Dominion of Wales, for the present Relief of the Brittish Armies in Ireland;" and since revived and continued by another Ordinance, of the 15th of August, 1645, for Six Months longer, to commence the First of November, 1645, and end the last of April, 1646, shall, after the Times limited in those Ordinances, have Continuance for the Space of Six Months longer, to commence the First Day of May, 1646, and end the last Day of October then next following; and shall be assessed, levied, collected, and paid, according to the true Intent and Meaning of the aforesaid Ordinances."

Letter from Mr Strickland, that the Spaniartls are endeavouring to make a separate Peace with the French.

"For the Right Honourable the Lord Grey of Warke, Speaker of the Lords House.

"My Lord,

"Some Propositions betwixt France and Spaine have put this State into great Considerations, and are, no Question, as much our Interest as theirs. The Spanyard made many Addresses to this State, to treat with it apart; but this State in that went bond Fide, and would not meddle but by Communication with the French, according to the Treaty. Now he offers, by the Pope's Nuncio and Venetian Ambassador, the Mediators at Monster, to give Flanders and the rest of the Provinces in his Possession to the French, in Marriage with the Infanta to the French King, upon Conditions to have Catalognia restored, and the Alliance broken with the King of Portugall. Two of The States Ambassadors are returned to communicate this, which is Matter of much Weight. The French say, they will accept nothing but by Consent of this State; but The States are so full of it, as they have sent into all the Provinces, to have Instructions what to do, if such a Resolution be taken. My Lord, this Business hath more troubled this State than any Thing that yet ever fell out since I came; and if it should proceed, it would as much concern us as them, in our nearest Interests. The French Ministers assure this State, no Conditions will be offered nor taken by them, but by mutual Consent. It were well those Honourable Persons mentioned to come hither were here, that those Interests which concern us so nearly might be managed by those whose Abilities and Integrities may promise us Success. If France and Spaine make a Peace without The States, it makes our Alliance more valuable; and however, ours will be more considerable before any Peace at Monster than after: Many think these Offers are especially made to divide the French and The States; or, at least, to make both make less Haste into the Field this Summer. My Lord, I am

"Your Lordship's

"Most humble Servant,

Hage, Mar. (fn. 4) 5/23;, 1646.

"Walter Strickland."

Order for Mr. Whitlocke to have L. Littleton's Books.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all the Books and Manuscripts late Edward Lord Littleton's, whereever they shall be discovered or found, shall be, and are hereby, bestowed upon Bulstrode Whitelock Esquire, a Member of the House of Commons: And it is further Ordered, That the Speakers of both Houses do grant their Warrant for the searching for, and seizing of, such Books and Manuscripts of the said Lord Littleton's as he shall be informed of, to be delivered to the said Bulstrode Whitelock as aforesaid."