House of Lords Journal Volume 8: 9 February 1647

Die Martis, 9 die Februarii.

PRAYERS, by Mr. Pickeringe.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Stavely's Habess Corpus stayed, and the Cause of his Commitment to be searched.

The Speaker acquainted this House, "That there was a Petition brought to the Commissioners of the Great Seal, for a Habeas Corpus for Mr. Staveley: And his Lordship knowing that the said Mr. Staveley was imprisoned by this House, he caused it to be stayed until he had acquainted this House therewith."

Ordered, That the Cause of his Committment shall be searched out against To-morrow.

Ordinance to prevent the killing Beef, &c. for Two Months.

An Ordinance was brought in, to prevent the Killing of Beef, Mutton, and Lamb, for Two Months; and read Twice, and Ordered to be committed to these Lords following:

Any Three, to meet when they please; and to adjourn themselves from Time to Time as they shall think fit.

Sir R. Bellasis to be Sheriff of Durham.

An Ordinance was read, for making Sir Richard Bellasis Sheriff of the County Palatine of Duresme, Twice, and Agreed to. (Here enter it.)

Message from the H. C. to expedite the Order for the Circuits;

A Message was brought up, by Mr. Whitlocke, &c.

1. To desire their Lordships would please to give Expedition to the Order for the Judges to go their Circuits; which if it be not dispatched speedily, there can be no Assizes this Time.

and the Chester Ordinance,

2. To put their Lordships in Mind of the Ordinance concerning the County of Chester.

with One about the Great Seal;

3. To desire Concurrence in an Ordinance for Continuance of the Great Seal in the Two Speakers, for Ten Days after the Ten Days after this Term.

(Here enter it.)

Read, and Agreed to.

with an Instruction, &c. for the Commissioners with the King;

4. A Draught of an additional Instruction for Phillip Earl of Pembrooke and Mountgomery, &c.

(Here enter it.)

Read, and Agreed to.

5. An Approbation of Mungo Murraie's Commitment.

(Here enter it.)

Read, and Agreed to.

and for the Stafford Commitee;

6. An Additional Instruction to the Committee for Sequestrations for Stafford. (Here enter it.)

Read, and Agreed to.

and with an Ordinance.

7. An Ordinance for Continuance of Four Shillings a Chaldron upon Coals. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

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

Two Judges to remain here,

The Question being put, "Whether Two Judges shall be staid here from going the Circuit?"

And it was Resolved in the Affirmative.

Serj. Brampston to be an Assistant.

The Question being put, "Whether Serjeant Brampston shall sit in this House as an Assistant?"

It was Resolved in the Affirmative.

Ordinance to disable Castle and Watkins from being Clerks of the Privy Seal.

The Earl of Manchester reported, "That the Committee hath met, and considered of the Ordinance for disabling Mr. Castle, Wm. Watkins, and Tho. Watkins, from being Clerks of the Privy Seal; and that Castle confesses he went to Oxford, and executed his Place there as Clerk of the Privy Seal; and that Wm. and Tho. Watkins did the like."

Upon this, the House commanded the said Ordinance to be read the Third Time; which being done, it was approved of, and Ordered, That it be sent to the House of Commons for their Concurrence.

Judges, &c. to go the Circuits.

Ordered, That Serjeant Turner shall go the Northern Circuit, in the Place of Serjeant Brampston.

Vacant Judges Places to be filled.

Ordered, That this House agrees to all the rest of the Judges and Serjeants that are to go the Circuit.

Ordered, That the Committee which is to consider of filling up the Places of the Judges that are wanting shall meet To-morrow in the Afternoon.

Ld. Teynham, a Pass to France.

Ordered, That the Lord Tenham shall have a Pass, to go into France, with Four Servants, and to return again into England.

Walter & Uxor.

Ordered, That the Cause between Mr. Walters and his Wife shall be heard, by Counsel on both Sides, on Monday Morning next.

Sir P. Musgrave, a Pass.

Ordered, That Sir Phillip Musgrave shall have a Pass, to come to London, and reside here for Three Months, and afterwards to go beyond the Seas, if he shall think fit.

Message to the H. C. about the Judges, &c. Order to go the Circuits, and the Dutchy Ordinance.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To let them know, that this House agrees to the Judges and Serjeants that are to go Circuits, excepting that Mr. Serjeant Turner do go in the Place of Serjeant Brampston.

2. To put them in Mind of the Ordinance concerning the Dutchy.

Committee to prepare an Ordinance for Days of Recreation for the London Apprentices.

A Petition of the Prentices of London was read.

(Here enter it.)

And it is referred to the Consideration of these Lords following, to draw up an Ordinance, and present the same to this House:

Any Three, to meet To-morrow in the Afternoon; and to adjourn from Time to Time as they shall think fit.

Letters from the Commissioners in the North, the Treasurers, and General Skippon.

A Letter was read, from the Earl of Stamford.

A Letter from Major General Skippon, was read.

A Letter from Alderman Gibbs and Mr. Noell, read.

(Here enter them.)

Message to the H. C. with General Skippon's.

Ordered, That Major General Skippon's Letter, being concerning Supply of Money for the Army, shall be presently sent to the House of Commons, by Sir Edward Leech and Mr. Page.

Scroop, a Pass to France.

Ordered, That Mr. Scroope shall go into France, with Four Servants, and Four Horses for his own Riding.

Ordinance for continuing the Great Seal in Custody of the Speakers.

Ordered, by the Lords and Commons assembled in Parliament, That the Great Seal of England be continued in the Keeping and Custody of the Earl of Manchester Speaker of the House of Peers pro Tempore, and of Will'm Lenthall Esquire Speaker of the House of Commons, for and during the Space of Ten Days longer, after the End and Expiration of the Ten Days after this present Term, for which the said Great Seal was formerly committed to their Custody."

Additional Instruction for the Commissioners with the King.

"An Additional Instruction for Phillip Earl of Pembrook and Mountgomery, Bazill Earl of Denbigh, Edward Lord Mountague, Sir John Cooke, Sir James Harrington, Sir Walter Erle, Sir John Holland, John Crewe Esquire, and Major General Browne.

"You are to take especial Care to prevent the secret Conveying of any Letters, Papers, or Messages, to or from the King; and for that Purpose, you, or any Three of you, have hereby Power to examine and search all or any such Persons, Papers, or Packets, as you shall think fit; and also to secure and restrain the Persons of such as you shall thereupon see Cause, until the Pleasure of both Houses of Parliament be known: And you are also, from Time to Time, to give Notice to both Houses of your Proceedings herein."

Murray's Commitment by them approved.

"The Lords and Commons assembled in Parliament do approve of what the Commissioners employed from the Parliament to the King have done, in the Commitment of Mungo Murray."

Additional Committees for Stafford.

"The Lords and Commons assembled in Parliament do nominate and approve of Henry Stone, Edward Broughton, Leicester Barbour, George Bowes, Thomas Crompton, Edward Manwaring, Phillip Jackson, Thomas Pudsey, Esquires, to be added to the Committee of Sequestrations for the County of Stafford."

Ordinance to continue the Duty on Coals.

"Ordered, by the Lords and Commons assembled in Parliament, That the Imposition of Four Shillings a Chaldron upon Coals be continued until the Five and Twentieth Day of March next."

London Apprentices Petition, for some Days of Recreation to be allowed them.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of the Apprentices of London, and Parts adjacent, whose Names are extant;

"Humbly shewing,

"That there being formerly observed, by the ancient Constitutions of this Kingdom, certain Annual Festivals (the only Days then used for Recreation of Youth), which for their superstitious and riotous Abuses are now generally slighted, your Petitioners by these Means are not only deprived of the Benefit of visiting their Friends and Kindred, but also of all set Times of Pleasure and lawful Recreations; by Restraint whereof, it often happeneth that Youth of the worst Inclinations take erroneous and forbidden Paths to walk in; some desert and run from their Masters into lewd and unwarrantable Courses, to their own Ruin; others covertly prophane the Sabbaths and Fasts, stealing Time from them to recompense and supply the Want of their ordinary Recreations, to the Dishonour of God, and Scandal of Religion; and the best Tempers (though they endure with Patience) conceive of their Services but as tolerable Slaveries.

"The humbly attesting their Intentions in this Action no Way inclined to countenance prophane Customs or Relics of Popery (fn. 1); but do heartily abhor them, and unanimously conclude, that the Use of those Feasts have been perverted to Lewdness and Intemperance, unbeseeming the Life and Profession of Christianity: But they (not aiming at any bad Ends) yet (after so voluntary and successful Hazard of their Lives for Religion, Laws, and Liberties) do humbly expect from your Lordships, whom they thankfully acknowledge as chief Patriots of that Cause, that the Riots and Impieties of former Times shall not deprive them of this Part of their Liberties, lawful Recreations for the needful Refreshment of their Spirits, without which Life itself is unpleasant, and an intolerable Burden.

"May it therefore please this Honourable House (as in Approbation of their former Services, and Encouragements to like Diligence and Resolution upon all future Occasions) to vouchsafe certain Days in the Year, or One or more Days in every Month, for honest and lawful Recreations, with Shops shut up, and all Work to be forborne, for such Hours, and under such Rules and Restrictions, as to your Lordships in your grave Wisdoms shall seem meet and requisite: Which will consequently occasion not only a more solemn and strict Observance of the Sabbaths and Fasting-days than is now accustomed, or leave the Violators without all Excuse; but also encourage your Petitioners to accomplish the Terms of their

"Apprenticeships with more Alacrity and Chearfulness of Mind.

"Who (as in Duty most obsequiously bound) shall ever pray, &c.

"An Ordinance of the Lords and Commons assembled in Parliament, whereby Sir Rich'd Bellassisse Knight is appointed and authorized to be High Sheriff of the County Palatine of Duresme and Sadberge; and for regulating some other Things concerning the said Office, and Supply of Justice in that County.

Ordinance for Sir Richard Bellasis to be Sheriff of Durham.

"The Lords and Commons heretofore taking into Consideration the Necessity of appointing a High Sheriff for the County Palatine of Durham and Sadberge, for that heretofore all Writs and Process out of the Exchequer, and some other Courts at Westm'r, were directed to the Bishop himself, who made a Mandate thereupon to the Sheriff to proceed therein according to the Command and Direction of such Writ or Process; and Writs and Process issuing out of the Chancery at Durham, and other Courts there, were directed immediately to the Sheriff of that County, which Sheriff was heretofore appointed by the said Bishop of Durham for the Time being, and not in such Course as other Sheriffs of other Counties of this Kingdom are, (fn. 2) did, by an Ordinance of Parliament, in or about the 18th of February, 1645, appoint and authorize Sir George Vane Knight, to be Sheriff of the said County for One whole Year, which is now almost expired: Therefore the said Lords and Commons now in Parliament assembled do think fit to Order and Ordain, and be it Ordered and Ordained by the said Lords and Commons, That Sir Richard Belasisse Knight shall be, and is hereby, authorized and appointed to be Sheriff of the said County; and do commit unto him the said Sir Richard Belasisse the Office of Sheriff, and the Custody of the said County Palatine of Durham and Sadberge, to have and execute the same for and during the Space of One whole Year next after the 18th Day of February, 1646, in as large and ample Manner as any other Sheriffs of any other County of this Realm may or ought to do: And the said Lords and Commons do further Ordain, That the Commissioners of the Great Seal of England shall issue out a Commission, under the Great Seal, unto Christopher Fulthorp, Thomas Bowes, Rich'd Lilburne, and George Lilburne, Esquires, or to any Two of them, to minister unto the said Sir Richard Bellasisse the Two several Oaths, to wit, the Oath for the due Execution of the Office of the said Sheriff, and the Oath of Supremacy; and the said Commissioners are hereby authorized and commanded to return in the said Commission to them directed, and the Execution thereof, into the Chancery of England, there to remain of Record; which shall be a sufficient Discharge to them the said Commissioners, and every of them, in that Behalf: And whereas, by a Statute made at Westm'r, the 4th Day of February, in the 31th Year of the Reign of the late Queen Elizabeth of Famous Memory, Proclamations upon all Writs of Exigents, against any Person or Persons dwelling within the County Palatine of Durham, are to be directed to the Bishop of Durham for the Time being; and during the Vacation of the Bishopric, then to the Chancellor of the said Bishopric or County Palatine for the Time being; and not to the Sheriff of any other Shire next adjoining to the said Bishopric or County Palatine; it is hereby Ordered and Ordained, That all Proclamations upon Exigents, against any Person or Persons dwelling within the said County Palatine, shall be directed immediately to the said Sheriff; and the said Sheriff is hereby required and authorized to cause Proclamations to be made of the same Writs of Proclamation according to the Tenor of the same, and shall make true Return of the same in such Court and Courts, and before such Justices, as the Tenor of the same Writ and Writs of Proclamation shall require and demand; the said Statute of Queen Elizabeth, or any other Matter or Thing to the contrary thereof, in any Wise notwithstanding.

"And it is further Ordained, by the Lords and Commons, That all Writs of Especial Capias Utlagatum, Single Capias Utlagatum, Non molestando, and all other Process and Writs issuing out of any of the Courts at Westm'r, for or against any Person or Persons resiant within the said County Palatine, shall and may from henceforth be directed, from Time to Time, to the said Sheriff immediately, who shall do therein, and make such Returns thereupon, as other Sheriffs of any other County not being County Palatine have heretofore used or might do: And be it further Declared, That this Ordinance, nor any Thing therein contained, is to (fn. 3) be construed otherwise than by Way of Provision, until some other Course for settling of the said County Palatine of Duresme shall be taken by the Parliament; and that this Ordinance, nor any Thing therein contained, shall be in Force beyond the 19th of February, in the Year of our Lord God 1647 only, and no longer.

"And it is lastly Ordained, That as well the said Sir Rich'd Bellasesse in the Execution of his said Place and Office, as also all other Officers and Persons that shall do any Thing by Virtue and in Execution and Pursuance of this Ordinance, and of the Power therein contained, and according to the Direction of the same, shall be kept harmless and indemnified by the Authority and Power of both Houses of Parliament."

Letter from the E. of Stamford, Commissioner in the North, concerning the Payment of the Money to the Scots, and their quitting the Garrisons.

"May it please your Lordship,

"By my last of 31th January, I gave your Lordship an Account of our possessing this Town, and the Castle of Tynmouth, and all the Forts belonging to them; and also of the several Answers we received unto our Demands (according to the Resolutions of both Houses) that the Scotts should pay for what they did take of the Country; wherein we wait upon your further Directions. In the mean Time, we shall do our utmost for the Ease of the Country.

"This is to give your Lordship a further Account, that we paid the Second Hundred Thousand Pounds upon Wednesday last, the Third Instant; and did then receive Hostages from Scotland, for the Performance of the remaining Articles; and have likewise received back our Hostages from them, who had noble Entertainment with much Freedom.

"This being all I have worthy your Notice, I shall only add, that I am

Newcastle, 4 Febr. 1646.

"Your Lordship's

"Most humble and faithful Servant,

"Stanford.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers, pro Tempore. These."

Letter from the Treasurers on the same Subject.

"Right Honourable,

"We have troubled you with several Letters since our coming into the North, and some of them have been long. This shall be shorter; only to give you an Account, that we have at the last gained a little Time that was allotted in the Articles, and have some Advantage of it, by getting some Part of our Way before the Post was ready, which makes our Letter bear Date a Day after the Dispatch of our Business, and by it your Lordship may please to understand, that Yesterday we paid the Second Hundred Thousand Pounds, and received an Acquittance according to the Articles, and all the Scotts Forces were marched beyond Newcastle Northward Which is all we shall trouble your Honours with at present, hoping to give a satisfactory Account for the Discharge of our Trust, when we come to Westm'r, who are,

North Allerton the 4th of February, 1646

"My Lord,

"Your Honour's

"Humble Servants,

"Will Gibbs

"Tho Noel

"For the Right Honourable the Earl of Manchester, Speaker to the House of Peers pro Tempore"

Sandys to be instituted to Hardwick

Ordered, &c That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Miles Sandys Clerk, Master of Arts, to the Parish Church of Hardwick cum Membris, in the County of Warwick, void by the Death of John Hall Clerk, last Incumbent there, salvo Jure cujuscunque, the said Mr Sandys taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Dame Dorothy Spencer Dowager, pro hac vice