House of Lords Journal Volume 8: 4 February 1647

Die Jovis, 4 die Februarii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Report concerning the St. Nicholas, or St. Peter, a Spanish Ship, taken by virtue of Letters of Reprizal to Clements, Thompson, & al.

The Earl of Warwicke reported a Paper from the Committee of Lords and Commons for Foreign Affairs; which was read, as follows:

21 Jan. 1646.

"Whereas the House of Lords, by their Order of the 4th of March last, were pleased to refer unto this Committee the Consideration of a Representation from the Right Honourable Don Alonso De Cardenas, concerning the Surprizal by Captain Plunkett of a Ship called (fn. 1) The St. Nicholas, or St. Peter, and her Lading, by virtue of Letters of Reprizal granted by the King, to Gregory Clements, Maurice Thompson, and others:

"This Committee, upon hearing this Day of the Counsel, as well on Behalf of the Spanish Ambassador and the Merchants claiming Propriety in the said Lading, as on the Behalf of the said Gregory Clem'ts, Maurice Thompson, & al.

In the Opening of the Case do find, that there are therein many difficult Points of Law, and the same, according to the Practice of Nations, ought to be judicially heard, proceeded in, and determined, in the High Court of Admiralty; which Course will both take away all Cause of Complaint, and satisfy the Ambassador of the good Intentions of both Houses of Parliament to all good Correspondency: But, in regard there is no Court of Admiralty at present settled; whither this Cause may be referred to receive its Dispatch, it is therefore Ordered, That both Houses be moved herein, that some Course may be taken for the settling the Court of Admiralty; and that this Business may be referred to that Court, to be there proceeded in according to Law: And his Lordship the Earl of Warwicke is desired to report the same to the House of Peers."

Ordered, That this Report be sent to the House of Commons.

Another Paper was reported from the Committee of the Admiralty; and was read, as follows:

Crowther to command The Bonaventure, and be Vice Admiral of the Irish Seas.

Die Martis, 2 Februarii, 1646.

"By the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Whereas, upon the coming in of The Happy Entrance, late under Command of Captain John Crowther, Vice Admiral of the Irish Seas, the Ship Bonaventure is now fitted to supply her Place, and for that the hastening of her forth into those Seas will be a very good Advantage to the Affairs of Ireland: This Committee doth recommend it to both Houses of Parliament, that the said Captain John Crowther (having served the Parliament with much Diligence and Fidelity in that Employment) may be approved of by them, to have Command of the said Ship The Bonaventure, for the Remainder of this Winter, and the next Summer's Expedition; aud to return in her to his former Charge of Vice Admiral of the Irish Seas."

Ordered, That this House agrees and approves of this Report; and that it be sent down to the House of Commons for their Concurrence.

E. of Arundel submits himself to the Parliament.

The Speaker informed the House, "That the Earl of Arundell is come into England, from beyond the Seas, by virtue of the Order of this House; who is ready to obey their Lordships Commands."

It is Ordered, That the Earl of Arundell shall remain in his House, until he understand the further Pleasure of this House; and that there be a Search what hath been done in the like Case.

Ordinance for a Fast, on account of the Growth of Heresy.

The Ordinance for keeping the Fast, for the Growth of Heresies and Errors, was read, and Ordered to be printed and published; and that the Sheriffs or Undersheriffs of the several Counties shall take Care that the said Ordinance be sent down into the several Counties.

(Here enter it.)

L. Delawarr to be summoned.

The House being informed, "That the Lord Ella Ware is now of full Age."

It is Ordered, That the Speaker write a Letter to him, to attend this House as a Peer.

Roberts's Petition, to be Engineer to the Office of Ordinance.

Upon reading the Petition of Wm. Robertes, Fire-master to the Army for King and Parliament; shewing, "That, in June last, their Lordships were pleased to bestow a Gratuity of One Hundred Pounds upon him; but he could never as yet receive any Part of that, or any Part of his Pay due unto him: And forasmuch as the Place of Engineer to the Office of the Ordnance in The Tower of London is become void, by the Death of Mr. Delamaine, the Petitioner desires the said Engineer's Place may be conferred upon him."

It is Ordered, These Lords following shall enquire after the Abilities of the said Robertes; and speak with him, to discover his Experience for the Execution of that Place; and then to report the same to this House.

Any Two, to meet when they please.

Goodwin to be Water Bailiff and Keeper of the Prison at Dover.

The Earl of Sarum reported a Paper from the Committee of the Revenue:

"That, upon Consideration of the Petition of Edward Goodwin, of Dover, wherein he prays to have the Office of His Majesty's Water Bailiff of Dover, in the County of Kent, and the Keeper of the Prison of the Town and Port of Dover, bestowed upon him, now become void by the Death of Richard Dancey; and upon Sir Henry Heyman, Sir Michaell Lucy, Mr. Weston, and Mr. Oxenden, their recommending the said Goodwin to be a fit Man to be Water Bailiff and Keeper of the Prison aforesaid, and able to give good Security: It is Ordered, That (fn. 2) he be recommended, from this Committee, to the Houses of Parliament, to be Water Bailiff of Dover, and Keeper of the Prison of the Town and Port of Dover; and we do desire the Earl of Sarum to report the same unto the House of Peers accordingly."

Ordered, That this House approves of this Edward Goodwin to be Water Bailiff of Dover, and the Keeper of the Prison of the Town and Port of Dover.

Message from the H. C. about the Order for Trial of the Pix.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To desire Concurrence in some Alterations in the Order sent down to them, concerning the Trial of the Pix.

Read, and Agreed to, with the Alterations.

(Here enter it.)

The Answer returned was:

Answer.

That this House agrees to the Order with the Alterations concerning the Pix.

Committee to examine Peaker, about his Evidence concerning the Intention of carrying off the King:

The House took into Consideration the Examination of Tobias Peaker, and the Papers read Yesterday, from the Scotts Commissioners, concerning the said Peaker.

It is Ordered, That it is referred to these Lords Committees following, to send for the said Peaker, and examine him; and afterwards to report the same to this House:

Any Three, to meet on Monday next, in the Afternoon; and to adjourn from Time to Time afterwards as they shall think fit.

To be kept in Safety.

Ordered, That the Papers received Yesterday from the Scotts Commissioners shall be communicated to the House of Commons; and that he may be kept in Safety.

Colonel Massey's Soldiers Petition, for Arrears

Upon reading the Petition of some Soldiers formerly under the Command of Colonel Massey, desiring some of their Arrears may be paid them:

It is Ordered, To be recommended to the House of Commons.

L. Morley to have an Allowance out of his sequestered Estate.

Upon reading the Petition of the Lord Morley; desiring, "to have Allowance out of his Estate in Sequestration, for his Maintenance:"

It is Ordered, To be sent to the House of Commons, with this Sense, "That their Lordships think it fit that the Lord Morley may have Ten Pounds per Week allowed him out of his Estate; and desire their Concurrence therein."

Petition from the City.

Ordered, That this House will (fn. 3) take into Consideration the Petition of the Lord Mayor, Aldermen, and Common Council of the City of London, To-morrow Morning.

Ordinance concerning Portsmouth and Hurst Castle.

Next, was read the Ordinance for granting One Hundred and Sixty-six Pounds Weekly, out of the Excise of Hamshire, for the Garrisons of Portsmouth and Hurst Castle. (Here enter it.)

Agreed to.

Message to the H. C. about the following Particulars.

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

1. To deliver to them the Paper reported this Day from the Committee for Foreign Affairs.

2. To deliver to them the Report from the Committee for the Admiralty, "That Captain Crowther may be continued Vice Admiral of the Irish Seas;" and to desire their Concurrence therein.

3. To deliver to them the Petition of Colonel Massie's Soldiers, with Recommendations.

4. To put them in Mind of Captain Thompson's Petition.

5. To put them in Mind of the Petition of the Inhabitants near Bridgwater.

6. To put them in Mind of the Lady Burgh's Petition.

7. To (fn. 3) put them in Mind of Mrs. Philpott's Petition.

8. To deliver to them the Petition of the Lord Morley, with this Sense, "That their Lordships think it fit that the Lord Morley may have Ten Pounds a Week allowed him out of his Estate; and desire their Concurrence therein."

Ordinance concerning Cheshire.

The Ordinance concerning Cheshire is re-committed to the same Committee as formerly it was; the Committee to meet To-morrow post meridiem, and adjourn from Time to Time; and the Lord Viscount Say & Seale is added to be of that Committee: The Quorum to be any Three.

Sir E Sydenham's Petition.

Upon reading the Petition of Sir Edward Sydenham: It is Ordered, That, upon Affidavit made, the Persons complained against shall be sent for as Delinquents.

Castle's Petition.

Ordered, That Richard Castle's Petition is referred to the Committee at Haberdashers Hall, with Recommendations.

E. of Carbery's Ordinance.

The Ordinance concerning the Earl of Carbery, was read, and Agreed to. (Here enter it.)

Walter & Uxor

Ordered, That the Cause between Wm. Walters and his Wife shall be heard on Tuesday next, by Counsel on both Sides, at which Time the Parties with their Witnesses shall attend.

Newman's Woods not to be destroyed.

Upon reading the Affidavit of John Newman; shewing, "That divers People do cut down his Woods, and disturb his Possession." (Here enter it.)

It is Ordered, That the Woods shall not (fn. 4) be spoiled, and no Disturbance made, till the Business be tried at Law.

Ordinance concerning the E. S Co.

Ordered, That the Earl of Northumb. Earl Midd. Lord Maynard, Earl Sarum, shall be added to the Committee for the India Ordinance: The said Committee to meet on Monday next, in the Afternoon.

Sir L. Watson and Sir J. Corbett.

Ordered, That the Committee concerning Sir Lewis Watson's Business shall meet on Saturday next, in the Afternoon.

Preachers at the Fast.

Ordered, That Mr. Vynes and Mr. Martyn are appointed to preach on the Fast-day, the 10th of March next, before the Lords in Parliament, in the Abbey Church.

Garter, &c. to take the Custody of the Records in Windsor Castle.

Ordered, That the Governor of Windsor Castle shall permit Garter King of Arms and the Register of the Garter, who are sworn Officers, to peruse the Records, &c. that they may examine what are wanting; and what are left to be delivered into their Custody and Charge.

Marston's Cause.

Whereas the Petition of Marston is referred to Doctor Heath, to examine the Truth of the Suggestions therein: It is Ordered, by the Lords, That, till the Report be brought in, Things shall be and remain in Statu quo; provided that the Report be made by Monday next.

Cecil's Ordinance to be Keeper of Theobald's Park.

Upon reading the Ordinance for Mr. Cecill to have the Keeping of the Lodge in Theobald's Parke: It is Ordered, To be committed to the Consideration of these Lords following:

Any Two, to meet when they please.

Ordinance for a Day of Humiliation, on account of the Growth of Errors, Heresies, &c.

We, the Lords and Commons assembled in the Parliament of England, having entered into a solemn Covenant, to endeavour, sincerely, really, and constantly, the Reformation of Religion, in Doctrine, Discipline, and Worship, and the Extirpation of Popery, Superstition, Heresy, Schism, Prophaneness, and whatsoever shall be found contrary to sound Doctrine and the Power of Godliness, and having found the Presence of God wonderfully assisting us in this Cause, especially since our said Engagement, in Pursuance of the said Covenant, have thought fit (lest we partake in other Mens Sins, and thereby be in Danger to receive of their Plagues) to set forth this our deep Sense of the great Dishonour of God, and perilous Condition that this Kingdom is in, through the abominable Blasphemies and damnable Heresies vented and spread abroad therein, tending to the Subversion of the Faith, Contempt of the Ministry and Ordinance of Jesus Christ: And as we are resolved to employ and improve the utmost of our Power, that nothing be said or done against the Truth, but for the Truth; so we desire that both ourselves and the whole Kingdom may be deeply humbled before the Lord, for that great Reproach and Contempt which hath been cast upon His Name and Saving Truths, and for that swift Destruction which we may justly fear will fall upon the immortal Souls of such who are, or may be, drawn away by giving Heed to seducing Spirits: In the hearty and tender Compassion whereof, we the said Lords and Commons do Order and Ordain, That Wednesday, being the Tenth Day of March next, be set apart for a Day of Public Humiliation, for the Growth and Spreading of Errors, Heresies, and Blasphemies, to be observed in all Places within the Kingdom of England and Dominion of Wales, and Town of Berwicke, and to seek God for His Direction and Assistance for the Suppression and preventing the same; and all Ministers are hereby enjoined to publish this present Ordinance upon the Lord's-day preceding the said Tenth Day of March."

Order for the Trial of the Pix.

It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal for the Time being do join with the Committee of Lords and Commons for His Majesty's Revenue, or any Five or more of them, to take the Examination and Trial of the Monies in the Pix, in His Majesty's Mint, in The Tower of the City of London, on the Fifteenth of this Instant February, at Nine of the Clock in the Morning, at the usual Place, near the Star-chamber, Westminster."

Order for 1661. Weekly, out of the Excise of Hampshire, for the Garrisons of Portsmouth and Hurst Castle.

"Ordered, by the Lords and Commons assembled in Parliament, That the Weekly Allowance of One Hundred Sixty and Six Pounds be allowed, for the Term of Three Months, to be accounted from the passing of this Ordinance, for the maintaining of the Garrisons of Portsmouth and Hurst Castle, out of the Monies that shall be collected on the Excise within the County of Hants; and the Commissioners of Excise here in London are hereby required and authorized to give Order and Warrant to their Sub-commissioners in the said County, to make due Payment of the said Weekly Sum of One Hundred Sixty and Six Pounds, for the Term aforesaid, for the Maintenance of the said Garrisons, unto Colonel Richard Norton; and that the said Weekly Sums so paid as aforesaid be allowed unto the Sub-commissioners in the Country and Commissioners of Excise here, upon the passing of their Accompts."

Ordinance to clear the E. of Carbery of his Delinquency.

"Whereas, on or about the Fourth of March, 1645, it was Ordered, by the Lords and Commons assembled in Parliament, That, in regard of Major General Langherne's Engagement, the Crimes of my Lord of Carbury, relating to his Military Employment, should be remitted: The said Lords and Commons, for the further Security and Indemnity of the said Lord of Carbery, do now hereby authorize and require His Majesty's Solicitor General to prepare a Bill, containing a Pardon, in usual Form, unto Richard Earl of Carbery, for all Treasons, Crimes, and Offences, committed by him the said Earl, sithence the 20th Day of May, 1642, together with a Grant and Restitution, to him, his Heirs and Assigns, of all his Lands, Goods, Chattels, and other Estate, forfeited by reason of the Offences aforesaid; which said Pardon, so prepared, the Commissioners for the Great Seal for the Time being are hereby authorized to pass under the Great Seal accordingly."

Affidavit of Damages done to Soale, the E. of Thanet's Tenant, by Woodcocks in Steyning.

"John Newman, of Steaninge, in the County of Sussex, maketh Oath, That one James Soale, of Henfeild, being a Tenant to the Right Honourable the Earl of Thanett of certain Lands of the said Earl's, called The Batts, in Steaning aforesaid; he, this Deponent, about the Beginning of November last, did see Thomas Woodcock the Elder, of Newtymber, in the said County, Gentleman, and Edward Woodcock his Son, drive the Cattle of the said James Sole off and from the said Lands: And this Deponent further saith, That, on the 7th Day of this Instant January, he did see the said Edward Woodcock, and Francis Woodcock another of the said Sons of the said Thomas Woodcock, drive the Cattle of the said James Sole out of and from the said Lands: And this Deponent further saith, That, on the 16th Day of this Instant January, he, this Deponent, did see the said Francis Woodcock and another (which other this Deponent was informed was one Henry Woodcock another of the Sons of the said Thomas Woodcock) drive the Cattle of the said James Sole out of and from the said Lands; and also that they then did much wound One of the said Cattle: And this Deponent further saith, That the said Edward and Francis Woodcock have both of them lately told this Deponent, that they will cut down all the Wood upon the said Lands: And further saith, That some of the said Wood they have already cut down: And this Deponent further saith, That the said Edward and Francis Woodcock, with other their Assistants, usually remain and abide on or near the said Lands, with Swords, Pistols, and other Weapons, and give out threatening Speeches, so that the said James Sole, the Tenant of the said Lands, maketh no Use thereof.

"John Newman.

"Jur. 30 Die Januarii, 1646.

"Edw. Rich."