House of Lords Journal Volume 8: 28 December 1646

DIE Lunæ, 28 die Decembris.

PRAYERS, by Mr. Dury.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons to the Message sent on Saturday last:

That they agree to the Second Vote, concerning the King's Letter; and they will give a Conference, as is desired: To the rest, they will send an Answer by Messengers of their own.

E. of Mulgrave's Petition, about a Lease of his Allum Mines unjustly procured to the King.

The Petition of Edmund Earl of Mulgrave was read, concerning "a Lease procured unjustly, and by hard Measure, from his Grandfather, to the King, of the Allum Mines, which is his Lordship's Inheritance: Therefore desires Relief herein."

It is Ordered, That it be recommended specially to the House of Commons, that there may be some speedy Course taken to give his Lordship Relief upon the whole Business contained in the Petition.

Sent to the H. C.

And ^* accordingly it was delivered to Doctor Aylett and Doctor Heath, to be sent to the House of Commons at such Time as the Earl of Mulgrave shall direct them.

Message from thence, that Sir H. Vane may resign his Place of Treasurer of the Navy to whom he pleases.

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

That whereas formerly Sir Henry Vane Junior had his Place of Treasurer of the Navy restored to him, which was taken from him by the King; his Desire is now, that he may have Liberty to resign the said Place to such Persons as he shall think fit.

The said Vote was read, and Agreed to.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees to the Vote now brought up.

Message from the H. C. about the Sheriffs.

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

To desire that, at the next Conference, they may communicate to their Lordships something concerning the Sheriffs, which their Lordships sent down to them.

The Answer returned was:

Answer.

That this House will hear what the House of Commons will deliver, at the next Conference, concerning the Sheriffs.

Ordinance to pay Money to the E. of Essex's Servants.

The Earl of Kent reported from the Committee, the Ordinance concerning the Earl of Essex' Servants, with the Reasons of the Countess of Essex against it; and the Answer of the Earl of Essex' Servants to them: And the Committee leaves the same to their Lordships.

They were read.

And the House was adjourned during Pleasure, to read the Reasons again. (Here enter them.)

The House was resumed.

And the Ordinance was read the Third Time.

And the Question being put, "Whether to agree to this Ordinance now read?"

It was Resolved in the Affirmative.

(Here enter it.)

Cope's Petition, for his Arrears.

Upon reading the Petition of Richard Cope; setting forth "his great Losses in Ireland; and that there is due unto him One Hundred Ninety-four Pounds, Nine Shillings, for Arrears due to him for his Service to the Parliament."

It is Ordered, That the said Petition and the Desires in it may be recommended to the House of Commons.

Ordinance for the Committee at Haberdashers Hall to send for Persons compounding.

An Ordinance was brought in, to give Power to the Committee of Haberdashers Hall, to send for such Persons as are compounding at Haberdashers Hall, and withdrawn out of Town according to the Ordinance of the 12th of December; which was read, and Agreed to, and Ordered to be sent to the House of Commons for their Concurrence.

The like for the Committee of Sequestrations.

Ordered That an Ordinance to the same Purport be made, concerning such Persons as have their Business ready for hearing at the Committee for Sequestrations; and to be brought into this House:

Any Two to meet.

Petitions from the City.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Remainder of the Petitions of the City of London.

The House was resumed.

Ordinance for settling the Militia.

And the Ordinance formerly brought up from the House of Commons, concerning the settling of the Militia of the Kingdom in Pursuance of the Propositions last sent to the King, was read the First Time.

And the House was adjourned into a Committee during Pleasure, to debate it.

The House was resumed.

It is Ordered, That the Proceedings upon this Ordinance shall be the First Business To-morrow Morning.

Petition from the City.

Ordered, That the City Petition shall be taken into Consideration To-morrow Morning.

Count. of Essex's Objections to the Ordinance for paying Monies to the late Earl's Servants.

"Reasons humbly presented by the Countess of Essex to the Lords Committees, why the Ordinance should not pass.

"1. The Earl, by his Will, especially recites the Charge of One Thousand Three Hundred Pounds per Annum to the Countess; and thereby declared that the Profits of the Lands charged shall be applied to Payments of Debts after the One Thousand Three Hundred Pounds paid.

"2. The Earl, by his Will, hath made another Provision for his Servants, of Two Thousand Pounds, to be distributed amongst them as his Executors shall think fit.

"3. The Arrears due to the Countess is a Debt of the Earl's, and was never seized nor sequestered; which is on the Part of those that desire the Ordinance to pass to make it appear.

"4. The Countess desired to compound for it, and put in her Particular at Gouldsmiths Hall, before any Ordinance passed the House of Commons.

"5. The Fine for the growing Rent settled for the Countess of One Thousand Three Hundred Pounds per Annum is One Thousand Three Hundred Pounds; and she is much indebted, and no Way able to pay her Fine, unless she be admitted to have her Arrears, nor to pay her other Debts.

"6. There is not any Mention that the House of Commons did take Notice of the Earl's Provision for his Servants by his Will, or that the Countess was to have the Benefit of the Oxford Articles; and this Ordinance, should it pass as a Provision for them out of a Debt owing to the Lady, and to convert the Means appointed by the Earl for his Servants for the Benefit of his Heirs and Executors, if they so please; which is not agreeable to the Earl's Will, nor to the Intent of the Parliament, as is humbly conceived.

"7. There is a plentiful Estate left to the Executors, and the Lands charged with Payments of Debts and Legacies.

"8. The Order of the First of October, that is, the Warrant for drawing up of an Ordinance, which was committed to One of the Executors to prepare, is, That so much of the Four Thousand Five Hundred Pounds as shall come to the State shall be disposed of, Five Hundred Pounds to Major Mathewes, and the rest as a Reward to his Servants; but by the Ordinance, without calling the Party concerned, whether all or any Part, and what Part, ought to come to the State, the whole is given: Which is humbly conceived would not have moved from the House of Commons if the Ordinance had been committed, and the Countess heard, in respect that Honourable House had allowed the Oxford Articles, by which the Countess is admitted to compound, and the Benefit thereof she had prayed before this Ordinance, and had a Salvo for this particular Debt by the Committee of Gouldsmiths Hall.

"Wherefore it is humbly desired the Ordinance may not pass, the rather in respect the Fine for the Thirteen Hundred Pounds and for this Arrear will amount to Seventeen Hundred and Fifty Pounds, and will be due to the Parliament, which may, if both Houses shall so please, be applied to the Purposes mentioned in the Ordinance, over and above or towards the Two Thousand Pounds given by his Will, as the Houses shall please, without Prejudice to the Countess, or to such other Purposes as the Parliament hath or shall appoint."

Answers to them.

"The humble Answer of Major Mathewes and other the Servants of the late Earl of Essex, to the Reasons presented on the Countess's Behalf, touching the Ordinance proposed and already passed by the Commons House.

"Answer to the First and Second.

"They say, admitting the First Two Reasons, (videlicet,) That Thirteen Hundred Pounds per Annum is charged out of Lands to the Countess, and that themselves are to have Two Thousand Pounds by the Will, it bars not the State's Bounty for this further Addition to them, who, by the Death of their late noble Lord, are deprived of further Expectations from him, and left otherwise much unprovided, and to seek for a Subsistence.

"3. The Third Reason acknowledgeth the Arrears to be the Earl's Debt; and the Countess's Delinquency entitling the State thereto, and confessing a Cause of Sequestration, the actual Seizure or Sequestering is not necessary; and yet that the Countess was sequestered appears by the Order of the Westm'r Committee, by her Counsel produced, and otherwise, if further Satisfaction be required therein.

"4. That the Countess being indebted, and offering to compound for this Debt vested in the State, concludes not the State; neither are they bound to pay her Debts: And had she continued in the Parliament's Quarters, Thirteen Hundred Pounds per Annum might have prevented Scores, and afforded her an honourable Support, without being beholding to the Enemy's Quarters.

"6. The Sixth Reason tends to inform the Act of the House of Commons, in passing of this Ordinance, as not grounded upon Knowledge of the Countess's Case, One Part whereof the Oxford Articles are made to be; as if it were admitted that the House of Commons neglected them: Your Lordships were therefore tied to consider them (an improper Offer, as is humbly conceived, to your Lordships). And the latter Part of the Reason infers as if the Heirs or Executors might purse up something by passing this Ordinance, who appear to be nothing eased thereby, nor to be any Way liable to so unjust and unworthy a Reflection.

"7. The Seventh would infer, because the Executors have a plentiful Estate, therefore the State should impart to the Respondents nothing of their Interest, which the Executors have nothing to do withal.

"8. The Eighth Reason reflects upon the Justice of the House of Commons, as if they had not observed a due Method in their Proceeding; whereas to them and to your Honourable Lordships the Case appears plain to be but this (and the Rule is, quod constat clarè non debet verificari): The Earl of Essex owes a Debt to his Countess (so her Third Reason here acknowledgeth); she becoming Delinquent, the State is entitled thereto, and is now moved to confer the same by Ordinance upon the Earl's Servants, upon the Point are his Relicts^*

"On whose Behalf (these Pretences notwithstanding) this Settlementis humbly prayed; and that your Lordships will vouchsafe it by your Concurrence with the other Honourable House, which, the Respondents hope, none will think derogatory to your Justice; and themselves shall humbly and thankfully acknowledge it as an Act of your free Bounty.

"In all which they submit to your Nobleness and Wisdoms."

Ordinance to pay Monies to the E. of Essex's Servants.

"Whereas Robert late Earl of Essex, by Deed executed in his Life-time, did appoint the Sum of Thirteen Hundred Pounds per Annum to be paid unto Elizabeth Countess of Essex, by equal Portions, every Half Year, during his Natural Life, out of all his Manors, Lands, Tenements, and Hereditaments, lying and being in the Counties of Stafford and Warwick; which said Yearly Rent of Thirteen Hundred Pounds, for Three Years and an Half ending at The Annunciation of the Virgin Mary last past, hath been in Arrear and unpaid, in all amounting unto the Sum of Four Thousand Five Hundred and Fifty Pounds, which said Sum remained in the Hands and Possession of the said Earl of Essex at the Time of his Death; and whereas the Estate of the said Countess of Essex, for adhering to the Enemies of the King, Parliament, and Kingdom, in the present War, was sequestered by the Committees appointed by Ordinances of Parliament for sequestering the Estates of such Delinquents, and Orders have been made by the said Committees for seizing and sequestering the said Money at The Middle Temple Hall, where the same ought to have been paid: The Lords and Commons assembled in the Parliament of England, taking the same into Consideration, do Order and Ordain, and be it hereby Ordered and Ordained, That the Executors of the last Will and Testament of the said Earl of Essex deceased shall pay and dispose of the said Sum of Four Thousand Five Hundred and Fifty Pounds as followeth; that is to say, the Sum of Five Hundred Pounds to Major Mathewes Major of the said Earl of Essex's own Regiment, and the Remainder thereof to and amongst the Servants of the said Earl of Essex, as a Reward and Recompence for their Service, in such Manner, and according to such Proportions, as his said Executors shall think fit; and they are hereby discharged from the Payment of the said Sum of Four Thousand Five Hundred and Fifty Pounds to the said Countess of Essex, her Executors, Administrators, or Assigns, or to any other Person or Persons whatsoever, other than the said Major Mathewes and the Servants of the said Earl of Essex as aforesaid: And it is hereby further Ordered and Ordained, That the said Manors, Lands, Tenements, and Hereditaments, of the said Earl of Essex, lying and being in the said Counties of Stafford and Warwick, charged as aforesaid with the Payment of the said Yearly Sum of Thirteen Hundred Pounds to the said Countess, be for ever discharged of the said Sum of Four Thousand Five Hundred and Fifty Pounds; and that none of the Owners, Tenants, Farmers, or other Occupiers of the said Lands, shall be distrained, sued, or otherwise molested for the same, or shall incur any Penalty or Forfeiture for the Nonpayment of the same to the said Countess of Essex."

Order for Sir H. Vane to dispose of the Place of Treasurer of the Navy to whom he pleases.

"Upon the Desire of Sir Henry Vane Junior, Treasurer of the Navy, who had that Place of Treasurer conferred upon him, by Letters Patents from His Majesty, some Two Years before this Parliament, That after (sitting the Parliament) for the Discharge of his Duty as a Member of the House of Commons he was displaced by His Majesty; that, since, he was restored by both Houses; and now enjoys the said Place, under the Great Seal of England (quam diu se bene gesserit): It is Resolved, by the Lords and Commons in Parliament assembled, That the Houses do consent and give Leave that the said Sir Henry Vane shall have Power and free Liberty to surrender the said Office, with all his Interest therein as aforesaid; and that he shall have Power, and is hereby authorized, to nominate unto both Houses of Parliament a fit and able Person, to have, hold, and enjoy, the said Place or Office, with all Advantages and Profits thereunto of Right belonging, and heretofore usually and lawfully received and taken, in as full and ample Manner (quam diu bene se gesserit) as the said Sir Henry Vane, or any other his Predecessors, formerly have or might enjoy the same."