House of Lords Journal Volume 8: 2 January 1646

DIE Veneris, 2 die Januarii.

PRAYERS, by Mr. Vynes.

Ds. Grey de Warke, Speaker.

Woburn Inhabitants Petition, for a Collection for their Losses.

Upon reading the Petition of the Inhabitants of the distressed Town of Woborne, in the County of Bedd. shewing, "That their Town hath been fired by the Enemy, and that the said Town hath suffered to the Sum of Three Thousand Pounds; desiring a Brief in the Cities of Lond. and Westm. and the associated Counties."

Ordered, To be sent down to the House of Commons, with a special Recommendation.

Vaughan's Petition, to be Prothonotary of Montgomery, &c.

Upon reading of the Petition of Rice Vaughan; desiring, "That he may have the Office of Prothonotary and Clerk of the Crown for the Counties of Mountgomery and Denbigh."

Ordered, To be sent to the House of Commons, with a Recommendation.

Ordinance concerning the Chapels of Newton, &c. in Winwick.

Ordinance concerning the Chapels of Newton, Ashton, and Newechurck, within the Parish of Winwicke, in the County of Lancaster, was reported fit to pass, from the Committee; and read accordingly, and passed; and to be sent to the House of Commons.

Gee's Ordinance, to be Rector of Eccleston;

Ordinance for the making of Mr. Edward Gee Rector of Eccleston: The Third Time read, upon Report; and to be sent to the House of Commons.

and Latham's for Harwich.

Ordinance for the making of Mr. Paulc Latham Rector of Standish: Reported, and read the Third Time; to be sent to the House of Commons.

Poor Irish Women, Petition.

Upon reading the Petition of the poor Irish Women, to have some Relief: It is Ordered, To be recommended to the House of Commons.

Message to the H. C. with Ordinances;

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

1. To desire their Concurrence in these Ordinances;

1. Concerning Winnike Parsonage, in Lancashire.

2. Concerning the Rectory of Eccleston, in Lancashire.

3. Concerning Mr. Paul Latham to be Rector of Standish, in Lancashire.

with the Woburn, Vaughar.'s, and Jones's Petitions.

2. To deliver the Petition of the Inhabitants of Woborne, in the County of Bedford, to them, with special Recommendations.

3. To recommend the Petition of Rice Vaughan to them.

4. To recommend the Petition of Phillip Jones to them.

and about the Papers from the Committee of the Admiralty.

5. To put them in Mind of Captain Locker's Business, and the Signing of the Letter to the Governor of Flanders, and about the Payment of the Ships that convoyed the Fishermen, and about the Payment of the Money to the Dutchmen for Powder.

Mr. Rowe sent for, for not giving an Account of his Negociation in Scotland.

Ordered, That Mr. Row, that was sent into Scotland to the Parliament there, by the Houses of Parliament here, shall appear before this House To-morrow Morning, to give a Reason why he hath not given an Account of the Business he was trusted withall to this House.

Colonel Mosely freed from an Arrest.

Upon reading the Petition of Lieutenant Colonel Mosely; complaining, "That he is arrested for Free Quarter for his Soldiers when they were in the Garrison of Alsebury."

It is Ordered, That he shall be released from his present Restraint and Imprisonment concerning this Business, and the Proceedings against him to be staid; and it is referred to the Committee of Accompts, to cast up his Arrears.

Articles for Wareham.

The Articles for surrendering the Town of Wareham was read, and approved of. (Here enter them.)

Woodhouse sent for from Plymouth again.

Upon Information to this House, "That Kettleby Woodhouse was sent for, by Order of this House, from Plymouth, being imprisoned there; and there being no Cause of his Offence returned, nor any did appear to prosecute against him, whereupon this House set him free and discharged him: But, upon his Return to Plymouth, he is again imprisoned, for the same Business as is informed."

Hereupon this House Ordered, That the said Kettleby Woodhouse shall be sent up to this House, and the Cause of his Commitment returned with him; and then this House will take the same into further Consideration.

Mrs. Cromwell versus Sir H. Tracy.

This Day the Counsel were heard on both Sides, upon the Petition of Anne Cromwell Plaintiff, and the Answer of Sir Humphry Tracy Baronet Defendant.

The Petition was read.

Then the Demurrer was read. (Here enter it.)

And the Counsel of the Defendant desired, "That the Plaintiff may be left to take (fn. 1) her ordinary Course, by Way of Bill of Review."

Hereupon this House, taking the said Plea into Consideration, over-ruled the said Demurrer.

Ordered, That the Defendant shall put in an Answer in Chief in Writing, to the Petition of the Plaintiff, by Monday come Sevennight next.

Sir W. Russell & al. versus Lenthall & al.

Ordered, That this House will take into Consideration what Judgement to give in the Cause between Sir Wm. Russell and others, and Mr. Lenthall and others, on Wednesday next; at which Time no Counsel is to attend.

Earl of Stamford's Business.

Ordered, That the Committee for Privileges do make Report of the Earl of Stamford's Business on Wednesday next, the First Business.

Paper from the Scots Commissioners, about the Propositions concerning the Militia.

The Earl of Northumb. returned a Paper from the Committee of both Kingdoms, which they received from the Scotts Commissioners; which Paper was read.

(Here enter it.)

"Die Veneris, 2 Januarii, 1645.

"Haveinge received Yesterday, from your Lordships, Propositions concerning the Militia of the Kingdomes of England and Ireland, which your Lordships desire may bee presented to the Kinge, in the Place of the former Propositions concerning the Militia, on the Behalfe of the Kingdome of England; wee desire to knowe from your Lordships, whether the Houses intend any further Alterations of, or Additions to, the Propositions formerly agreed on betweene the Kingdomes, and what those Alterations (fn. 2) or Additions are; and that the whole may bee taken into Consideration together.

"By Comaund of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

"Articles agreed upon between Lieutenant Colonel Bryan and Lieutenant General Middleton, and Colonel John Fitz-James, High Sheriff of the County of Dorsett, and the Committee appointed for the same.

"August the 10th, 1644.

Articles for the Surrender of Wareham.

"1. That the Town, and Ammunition and Ordnance therein, be delivered to the Lieutenant General Middleton, by One in the Afternoon, for the Use of the King and Parliament.

"2. That the Officers and Soldiers march away, with their Colours flying, Drums beating, Matches lighted, and Bullet in the Mouth.

"3. That all Officers and Soldiers enjoy freely their Arms, Horses, Bag, and Baggage, and whatever else belongs to them.

"4. That, immediately after the Surrender of the Town, the Officers and Soldiers be maintained upon the King and Parliament's Charges.

"5. That there be as timely Provision as may be, for their speedy Conveyance into Ireland.

"6. That, before they leave the County, they receive One Month's Pay, and Provision for their Men till that be paid; and that the above-named Officers and Committee use all possible Means to the Parliament, before their embarking for Ireland, that they may receive Two Months Pay out of their Arrears due for the Service of Ireland.

"7. That my Major, and what other Officers and Soldiers are with him, shall be received upon the same Terms with us.

"8. That the Inhabitants of the Town of Wareham, and all others repaired thither, may, whether they be absent or present, have Liberty to enjoy and dispose of their Estates according to the Laws of the Land, paying such Contributions as all others under Obedience to the King and Parliament.

"9. That all those Irish Recusants that are desirous to serve in this Kingdom may have a safe Convoy to Bristoll, or the King's Army, without their Arms.

"10. That there be no plundering or seizing of any Man's Goods or Persons.

"11. That the Inhabitants of the Town, that have a Desire to repair to any other Place, may have free Liberty, and sufficient Time for conveying their Goods away.

"12. That all Prisoners on either Side be released, and capable of the same Conditions.

"13. That, for Security for Performance of these Articles, they may have the Hands of the said Committee for the same.

"14. That, till this be perfected, there be a Cessation from all Acts of Hostility on both Sides."

Wareham, 10 August, 1644.

Mrs. Cromwell versus Sir H. Tracy.

"The Allegation of Sir Humfrey Tracy Baronet, to the Petition of Anne Cromwell, Daughter of Sir Phillip Cromwell Knight, and Dame Mary his Wife, presented to the Right Honourable the Lords assembled in Parliament.

"The said Respondent saith, That, notwithstanding any Thing alledged and set forth by the said Petitioner in and by her said Petition, and although that since the said Respondent hath intermarried with the said Elizabeth Leigh in the Petition mentioned; yet, forasmuch as the said Decree in the Petition mentioned was made the 25th Day of October, in the One and Twentieth Year of His late Majesty King James' Reign; upon a full and judicial Hearing, and no Question made of any Injustice or Irregularity therein in all this Time; and for that the said Lands and Tenements thereby decreed have been enjoyed under the said Decree for above Two and Twenty Years; and for that it appears, that the said Petitioner, though an Infant, did answer by her Guardian Sir Phillip Cromwell, her Father and Guardian; and for that the said Court of Chancery, before the same Cause was heard, did judicially proceed upon the Proofs, which at that Time satisfied the Court; and for that the Lord Keeper was assisted with Two Judges, the Lord Hobert and Justice Chamberlaine; and for that it is against all Rules of Justice, as this Respondent humbly conceives, to have a Petition preferred before your Lordships before there be Failure of Justice in the Court of Chancery, either by reason of Injustice or for Want of Jurisdiction; and for that the said Court of Chancery is open, and (fn. 3) hath been open for these Twenty Years last past, where the said Petitioner heretofore might, or yet may, exhibit (fn. 4) her Bill of Review, if there had been any Error in the said Decree as is now pretended; and for that no Corruption is charged; and for that it tends much to the Dishonour of the Court of Chancery, and other Courts, to have their Judgements and Decrees questioned originally, while there is other Relief in an ordinary Way and Course; and for that there was a Bill afterwards preferred by John Carey, Son and Heir of Sir Phillip Cary Knight, and others, against Elizabeth Hampden Widow, and, upon a full Hearing, Decree made by the then Lord Keeper and Judges Assistants, the 14th Day of October, in the 22th Year of His said late Majesty King James, upon the same Title:

"For all these Causes, and for divers other apparent Defaults and Imperfections in the said Petition; and for that a former Bill of Review was brought by Henry Cromwell in the Court of Chancery, against John Carey and others, to reverse the said Decree, and afterwards upon a Demurrer dismissed:

"Therefore, and for divers other apparent Defects in the said Petition, this Respondent doth humbly demand, and abide in the Judgement of your Lordships, whether he shall be at all compelled to make any further or other Answer to the said Petition, or to any of the Matters therein set forth: All which Matters this Respondent is ready to aver, and (fn. 5) prove by the Records and Proceedings of the said Court of Chancery; and humbly prays, that your Lordships will be pleased not further to be troubled herein; but that this Respondent may be dismissed from further Attendance, with Costs.

"Ri. Newdegate.

"Maynard."