House of Lords Journal Volume 8: 21 March 1646

DIE Saturni, 21 die Martii.

PRAYERS, by Mr. Goodwin. Comes Manchester. Speaker.

Ordinance for Mr. Corbett to be Parson of Haseley.

An Ordinance was presented to this House, for presenting Mr. Edward Corbett to the Parsonage of Haseley, in the County of Oxon; and it was read Twice, and the Third Time; and it was Agreed to.

Woodrosse to have the Living of Chartham.

This House thinks it fit that Mr. Woodrosse be put into the Living of Chartam, in Kent, which Mr. Corbett leaves for (fn. 1)

Lt. Haines released.

Upon reading the Petition of Lieutenant George Haines: It is Ordered, That he shall be released of his present Imprisonment.

Earl of Newport to have his Liberty within the Lines.

Ordered, That the Earl of Newport shall have Liberty to go in any Place within the Lines of Communication, giving Security to this House on Monday next.

Level of Hatfield Chace, Rioters there to be apprehended.

Upon reading the Petition of the Participants in the draining of the Level of Hatfield Chase, and Parts adjacent, in the Counties of Yorke, Lyncolne, and Nottingham.

It is Ordered, That some of the principal Offenders in the Riots shall be attached, and brought before this House; and that the Bonds mentioned in this Petition shall be brought into this House; and that the Commissioners of the Sewers shall proceed in the Business; and that the Sheriff and his Under-sheriff shall take Care that the Orders of this House shall be performed and put into Execution.

Order to keep the Great Seal in the Office of the Cler. Parl.

The Order was read, for keeping the Great Seal of England in the Office of the Clerk of the Parliament, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. with it; and to remind them of the following Particulars.

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

1. To desire their Concurrence in the Order concerning the Great Seal to be kept in the Office of the Clerk of the Parliament.

2. To put them in Mind of the Earl of Stamford's Business.

3. To put them in Mind of Sir Marmaduke Lloyd's Petition.

4. To put them in Mind of the Lord Greye's Business.

5. To put them in Mind of the Remonstrance of the Scotts Officers.

Willis's Petition.

Upon reading the Petition of Ric'd Willis: It is Ordered, To be referred to the Consideration of these Lords following, to hear both Sides, and report the same to this House:

Any Two, to meet on Tuesday next, in the Afternoon.

Whetcombe and Porter in Error.

Upon reading the Petition of John Porter Esquire; shewing, "That he having an Action upon the Case, in His Majesty's Court of King's Bench, against James Whetcombe, for One Hundred and Twelve Pounds Damages, the said Whetcombe hath brought a Writ of Error, returnable in this House, only for Delay of his Execution; and because no Errors are assigned, he desires a certain Day may be appointed to assign Errors, or, in Default thereof, he may take his legal Proceedings upon the said Judgement."

It is Ordered, That Whetcombe shall assign Errors by this Day Fortnight; and in Default, the Petitioner shall take the Benefit of his Judgement.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons:

That they will send an Answer by Messengers of their own.

Chambers and Baron Trevor & al.

Upon reading the Petition of Alderman Chambers: It is Ordered, To be referred to these Lords following, who are to examine the Business, and report the same to the House:

Any Three, to meet on Thursday next, in the Afternoon, at Three a Clock; and after, to meet when they please.

Message from the H.C. that they agree to the Ordinance about the Plantations;

A Message was brought from the House of Commons, by Mr. Charles Rich:

1. They agree to the Ordinance for Continuance of the Ordinance for Foreign Plantations, and to the adding of those Lords sent down to them; and that Mr. Solicitor General may be added to the said Committee in the room of Mr. Pym, and Mr. Alexander Rigby in the room of Mr. Spurstowe.

Agreed to, and Ordered to be printed.

to expedite Two brought up from thence;

2. To desire Expedition in the Ordinance for Six Thousand Pounds for the Forces that are to follow Sir Jacob (fn. 2) Ashby.

3. And Expedition to the Ordinance for Ten Thousand Pounds for North Wales.

and with Two for Concurrence.

4. To desire Concurrence in the Ordinance for Four Thousand Pounds, of Mr. Henlie's Composition, out of Haberdashers Hall, for Abingdon. (Here enter it.)

Agreed to.

5. To desire Concurrence in an Order for Two Hundred Pounds, out of Haberdashers Hall, for the Discovery of the Irish Rebels that broke out of The Tower.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinances for the Ten Thousand Pounds and Six Thousand Pounds: (Here enter it.) To all the rest, this House will take them into Consideration, and send an Answer by Messengers of their own.

Sir R. Carrtreed from any Restraint.

Sir Rob't Carr being brought to this House; the Speaker, by the Command of this House, asked him, "Whether he lay under (fn. 3) any Restraint?" And he answered, "He was under a Restraint; being fetched out of the Country by a Warrant under the Hand of the Speaker of the House of Commons."

He withdrew: And this House Ordered, That the Speaker should tell him, "That there is no Restraint upon him; but that he is at free Liberty to go to his own House, or whither else he would, without any Restraint at all."

Sir Rob't Carr was called in, and told so much; and he gave their Lordships Thanks for it.

Capt. Plunket, and Tod & al.

The Earl of Warwicke reported from the Committee, the Cause of Captain Plunkett, and Wm. Tod and others, upon an Appeal to the Delegates:

"And they finding the Exceptions long, Fourteen in Number, to be Matters of Fact and Matters in Law; the Committee were of Opinion, That a Commission should go forth for a Review, in case it be legal in Cause of Admiralty; and that all Proceedings should be staid in the mean Time upon the Sentence before the Delegates; which Question, upon the Legality of such Commission of Review, stands committed to the Judges and Civilians, upon the Statute of 8& Eliz."

Ordered, That this House approves of this Report, and Orders the same accordingly.

Ordinance to continue and amend the One concerning Foreign Plantations.

"It is this Day Ordered and Declared, by the Lords and Commons assembled in Parliament, That all Clauses contained in One Ordinance of both Houses of Parliament, dated the 2 November, 1643, whereby Robert Earl of Warwick is constituted Admiral and Governor in Chief of all the Foreign Plantations planted by the English and other His Majesty's Subjects, and divers Members of both Houses of Parliament are constituted Commissioners, to join in Aid and Assistance with him, for ordering the Affairs of the said Plantations, do continue in full Force, any former Ordinance notwithstanding: And it is further Ordered, That the Earl of Northumberland, the Earl of Nottingham, the Earl of Salisbury, the Earl of Denbigh, the Lord Dacres, and the Lord Bruce, Members of the House of Peers; and Mr. Solicitor General, Mr. Alexand'r Rigby, Sir John Clatworthy, Mr. George Fenwick, Mr. Salwey Junior, Mr. Purfrey, Mr. Francis Allen, Mr. John Ash, Mr. Prideaux, Sir Henry Mildmay, Mr. Recorder Glynn, Mr. Snelling, Sir Philip Stapilton, and Sir William Waller, Members of the House of Commons; be added to the Commissioners named in the said Ordinance; which Members of both Houses so added are to have the same Power as the other Commissioners formerly named."

Order for 4000£. for Abingdon.

"Ordered, by the Lords and Commons assembled in Parliament, That Four Thousand Pounds be charged upon Mr. Henlye's Fine, and paid by the Committee at Habberdashers Hall, for the Use of the Garrison of Abingdon."

Order for 200£. for the Discoverer of the Irish Rebels that broke out of The Tower.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdash'rs Hall do forthwith pay unto Mr. Hollis and Sir John Clotworthy the Sum of Two Hundred Pounds, to be by them disposed and bestowed upon the Party that discovered the Two Irish Rebels, Mackquire and Mac-Mohun, that had escaped out of The Tower, for his good Service therein."

Order for keeping the Great Seal in the Office of the Cler. Parl.

"It is this Day Ordered, by the Lords and Commons in Parliament: assembled, That the Great Seal of England, being sealed up with the Seals of Three at least of the Commissioners for the Custody of the said Great Seal, shall be from Time to Time kept at the Office of Mr. Browne, Clerk of the Parliaments at Westm'r; and shall be there laid up, so sealed as aforesaid, in an Iron Chest, and not to be taken forth without Direction of Three of the said Commissioners."

Order for 6000£. for the Forces that are to pursue Sir J. Ashley, and for those before Litchfield.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That Six Thousand Pounds shall be paid in Course, together with Interest at Eight Pounds per Centum, payable each Six Months, out of the Receipts of the Excise, on the Ordinance of the 11th of September, 1643, when other Assignments already made on those Receipts shall be first satisfied, to be employed for the Forces appointed to be drawn together for the following of the Forces of the Enemy under Sir Jacob Ashley in the Field, and for the satisfying of the Forces now employed in the Siege of Litchfeild; and the Commissioners of the Excise for the Time being are hereby authorized and required to make Payment of the said Six Thousand Pounds, together with Interest, in Manner aforesaid, unto Mr. Walter Frost, Secretary to the Committee of both Kingdoms, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the Payment of the said Six Thousand Pounds, and every Part thereof, accordingly; which Money is to issue forth, for the Service aforesaid, by the Order and Direction of the Committee of both Kingdoms."