House of Lords Journal Volume 9: 28 April 1647

DIE Mercurii, 28 die Aprilis.

FAST DAY.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

The Fast.

The Lords went to hear the Fast Sermons, at the Abbey Church.

Adjourn.

House adjourned till 10^a cras.

DIE Jovis, 29 die Aprilis.

PRAYERS, by Mr. Whitaker.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Langham &al. and Lymbery & al.

Ordered, That whereas the Judges were to deliver their Opinions in Writing to this House, upon the Case agreed upon by Consent of Counsel on both Sides, between Alderman Langham, &c. and Captain Lymbery, &c. on Monday next, they shall bring it in on Tuesday next.

Preachers at the Fast thanked.

Ordered, That Mr. Cawdrey and Mr. Tuckney shall have Thanks given them, for their Sermons Yesterday; and desired to print their Sermons.

Preachers at the next.

Ordered, That Mr. Valentine and Mr. Hussy are appointed to preach before the Lords, at the Abbey Church, next Fast-day.

Alderman Fowkes and the E. I. Co.

Upon reading the Petition of the East-India Company: It is Ordered, That the Cause between Alderman Foulkes and the India Company shall be heard, at this Bar, by Counsel on both Sides, on Thursday next.

Order for 6000l. to Mr. Holles in Trust.

The Order brought formerly from the House of Commons, concerning the Six Thousand Pounds Portion of the Lady Eleanor Clare, to be granted to Denzell Holles Esquire, was read, and Agreed to.

(Here enter it.)

Memorandum, That the Speaker and divers others of the Peers did signify to this House, "That the Earl of Ca're, whom this Business concerns, hath given his Consent to it."

Hawes's Cause.

Upon reading the Petition of Ann Hawes Widow; and the Governors of Christ's Hospital was read: And it is Ordered, That a Copy of this Petition be shewed to Nicholas Hawes, who is to return his Answer thereunto within a Week after the serving of the Order.

Commissioners in Scotland to be re-called.

A Letter from the Earl of Stamford, was read: (Here enter it.) And Ordered, That this House thinks it fit that the Earl of Stamford be re-called and come Home; and to send to the House of Commons, to acquaint them with (fn. 1) it, and desire that they would send for their Members to come Home.

Message to the H. C. with it; and with Petitions.

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

To communicate the Earl of Stamford's Letter to them; and to let them know, that this House hath Ordered, To give Leave to the Earl of Stamford to come Home out of Scotland, and desire them to do the like to their Members.

2. To deliver Captain Wm. Hawkeridge's Petition to them, with Recommendations.

3. To deliver to them the Petitions of Sir Francis Willoughby and Captain Edward Povey, with the Sense of this House upon them.

Message from thence, with an Order; and for a Conference about borrowing the 200,000l.

A Message was brought up from the House of Commons, by Sir Wm. Lewis, &c.

1. To desire Concurrence in the Order for Continuance of the Custody of the Great Seal of England in the Hands of the Speakers of both Houses, for Ten Days after the End of the next Term: (Here enter it.) And for the continuing the Commission of hearing of Causes.

Read, and Agreed.

2. To desire a Conference, when their Lordships shall please to appoint, concerning the Security to be given for the borrowing of the Two Hundred Thousand Pounds.

The Answer returned was:

Answer.

That this House agrees to the Order for continuing the Great Seal; and that this House appoints a Conference presently, in the Painted (fn. 1) Chamber, touching the Security for the Two Hundred Thousand Pounds.

Message from the H. C. for Serjeant Brampston to be a Judge of the C. P.— about the Scots Army in Ulster;—and the Ordinance for regulating Oxford University.

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

That they having taken into Consideration the great Want of a Judge in the Common Pleas, by reason of the Death of Judge Reeves, there being but One Judge there; therefore they have nominated Serjeant Brampston, to be a Puny Judge of the Court of Common Pleas; and that the Solicitor be authorized to prepare a Patent accordingly, and the Commissioners of the Great Seal of England be appointed to seal the same forthwith; wherein they desire their Lordships Concurrence.

2. To put their Lordships in Mind of the Votes formerly brought up, concerning the Scotch Army in Ulster.

3. To put their Lordships in Mind of the Ordinance for the regulating the University of Oxford.

The Answer returned was:

Answer.

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

Serjeant Godbold to be a Judge of the C. P.

Brampston being C. J. K. B. to be considered.

Ordered, That this House agrees not with the House, in naming Serjeant Brampston to be a Puny Judge of the Court of Common Pleas; it being to be considered whether he be not Lord Chief Justice of the Court of King's Bench, notwithstanding his Discharge from the King by the Seal at Oxford: But, for the speedy Supply of the Place void by the Death of Justice Reeves, this House doth nominate Mr. Serjeant Godbolt to be Puny Judge of the Court of Common Pleas; and that the Business concerning Serjeant Brampston be taken into Consideration on Tuesday Morning next; and that the Concurrence of the House of Commons be desired for Serjeant Godbolt.

Mildmay reprimanded, for hunting in the King's Royalties and L. Say & Seale's Park.

This Day Mr. Mildmay appeared.

And it was proved, (fn. 2) "That he did lately hunt upon Hounsloe Heath within the King's Royalty, and in the Park of the Lord Viscount Say & Seale, (fn. 3) without his Leave."

Whereupon this House gave him an Admonition, not to hunt any more in the King's Royalties, without Leave of the Game-keeper; nor in the Park of the Lord Viscount Say & Seale, without his Leave: If he does, he must (fn. 4) expect to be punished for this and other Offences afterwards; and that he signify so much to the other Persons as joins with him.

Message from the H. C. for Gen. Skippon to be of the Irish Committee.

A Message was brought from the House of Commons, by Sir Wm. Lewis:

To let their Lordships know, that they have added Field Marshal Skippon, to be of the Committee for the Irish Affairs sitting at Derby House.

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the adding of Field Marshal Skyppon, to be of the Committee for the Irish Affairs at Derby House.

Answer from the H. C.

Sir Edward Leech and Dr. Aylett return with this Answer from the House of Commons:

That they agree to the Alterations in the Remedies for Obstructions in Church Government: (Here enter them.) To the rest of the Particulars, they will send an Answer by Messengers of their own.

The House of Commons being ready for the Conference in the Painted Chamber, the House was adjourned during Pleasure, and the Lords went to the Conference.

The House was resumed.

Courteen and the E. I. Co.

Ordered, That the Cause between Mr. Curteene and the East India Company shall be heard the 7th Day of May next.

Ordered, That the Report of this Conference shall be made To-morrow Morning.

Gen. Skippon accepts of his Command in Ireland, and desires the Troops going there may be properly supplied.

The Earl of Manchester reported, "That Major General Skippon had been with the Committee for the Irish Affairs sitting at Derby House, who expressed,

"He had a great Conflict with himself, concerning his undertaking the Employment in Ireland to which he is called to by the Votes of both Houses: On the One Side, he considers the Justness, Honourableness, and Necessity, of the Employment, and the Favour and Honour the Parliament hath done to him (though unworthy), as to think of him for such an Employment; on the other Side, the present Depression of his Mind, Infirmity of his Body, and Condition of his Estate, makes him think himself not more unworthy than unfit for it: But, rather than it should be said he should be any Stop or Retardment to the Service of Ireland, he would lay by all Considerations of himself, and, though he should perish in the Service, yet he would shew his Obedience to the Parliament, and his Desire to advance that Service. He desired Leave to say something, having now accepted of the Charge; and would not be thought to shew any Unwillingness to the Service, or Dislike of it, by what he should propose: But, for the better carrying on of the Business, he desired that the Parliament would appoint able Officers, and send godly, able, and sound Ministers, and good Surgeons, with the Army, which are Encouragements to those that shall go; and that Care may be taken to send certain and speedy Provisions when they are in Ireland. He said, His Relation was well known to the Garrisons of Bristoll and Newcastle; and desired some Care might be taken of those Soldiers at Bristoll. And for the Soldiers at Newcastle, he informed them, that (fn. 5) there is some Monies making of Provisions of Victuals that were sent down to Neweastle; and desired that some of those Monies may be designed to pay his Regiment and Troop, that so they might pay their Quarters; and he hopes they may go with him. He said, the Town of Newcastle and Tynmouth were considerable Places, where there is a great Magazine, of Two Hundred and Fifty Barrels of Powder, and other Necessaries proportionable. And after this he said, because it might be seen that he did not accept of this Employment for any Advancement of Gain, he offered to lay down all the Employments he hath, upon Condition he may be spared this, and not thought to be a Retarder of the Service of Ireland."

Ordered, To send to the House of Commons, to desire that Care may be taken to furnish those Particulars as Major General Skippon hath desired, for the Service of Ireland.

Message from the Assembly, with the Proofs of the Confession.

A Message was brought from the Assembly of Divines, by Dr. Smyth, &c.

To present the Proofs of Scripture, upon which every Article of the Confession of Faith is grounded.

Brampston being a Puisne Judge to be considered.

Ordered, That the Business brought up from the House of Commons, for making Serjeant Brampston One of the Puny Judges in the Court of Common Pleas, shall be taken into Consideration on Tuesday next; and then all the Lords to be present.

Godbold to be a Judge of the C. P.

Ordered, That for the speedy Supply of the Place of Puny Judge in the Common Pleas, Serjeant Godbolt be nominated to be Judge; and the Concurrence of the House of Commons to be desired herein.

Withers to be instituted to Frekenham.

Ordered, &c. That Doctor Aylett, &c. shall give Institution and Induction unto Wm. Withers Clerk, Master of Arts, to the Rectory of Freckenham, in the County of Suffolke, void by the Death of the last Incumbent, salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of Sir Wm. Soame Knight, the lawful Patron.

Letter from the E. of Stamford, desiring to be re-called from Scotland.

"For my Much-honoured Lord, my Lord the Earl of Manchester, Speaker of the House of Peers. Present these.

"My Lord,

"We are here in a very sad Condition. All the Nobility and Gentry are retired to their own Houses. The Marquis of Argile is gone to the Army, which, God be praised, doth prosper well yet. I have had no Particular since the last Week.

"The Sickness increases very much in Edinburgh and the adjacent Villages, which hath occasioned the Premises. And truly, my Lord, my own Indisposition of Health maketh me Once more beseech your Lordship to crave my Return Southward. It is not that I can be tired out in their Lordships (fn. 6) Commands; but that I apprehend my longer Stay here may occasion much the Prejudice of my Health, and make me the more uncapable of my future Service. And so I shall most humbly beseech your Lordship to make it my Suit, that I may have Liberty for a speedy Return; and I shall remain,

Brunston, this 20 of April, 1647.

"My Lord,
Your Lordship's
Most humble Servant,
Stanford.

"My noble Lord Lotherdale have saved our Lives, by lending me a very sweet Country-house, although the Sickness be round about us; for which, I beseech your Lordship, return him Thanks."

Order for 6000l. the Portion of Ly. El. Holles, to Mr. Denzill Holles, in Trust for her Use.

"Whereas the Sum of Six Thousand Pounds (being the Portion of the Lady Elioner Holles, Daughter of the late Earl of Clare) doth remain in the Hands of the now Earl for her Use, and that the said Lady is lately married unto Colonel Fitzwilliams, a Delinquent, Son to the Lord Fitzwilliams of Ireland, by which Means the said Colonel is entitled to the said Sum, as his Wife's Portion, and, by reason of his Delinquency, hath forfeited it to the State: The Lords and Commons do Order and Ordain, That the said Sum of Six Thousand Pounds shall be granted unto and given, and the, said Sum is here by granted and given, unto Denzill Holles Esquire, a Member of the House of Commons, who is likewise Brother to the said Lady, to be by him employed to the Use and Benefit of his said Sister and her Children."

Order for continuing the Commissioners of the Great Seal.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance for committing the Custody of the Great Seal into the Hands of the Speakers of both Houses be continued, from the Expiration thereof, until Ten Days after the next Term; and that the Commission for hearing Causes in Chancery be continued for the same Time."

Remedies for removing some Obstructions in Church Government.

"Remedies for removing of some Obstructions in Church Government.

"Resolved, by the Lords and Commons assembled in Parliament, That Letters from the Speakers of both Houses be sent into all Counties (from whence no Return hath been certified), That their respective Counties be divided into distinct Classis, and the same certified forthwith, with the Names of Ministers and others fit to be of each Classis, according to the Ordinance.

"2. That such Returns from any of the Counties as are already made, or shall hereafter be made, be referred to be considered of by the Committee of Lords and Commons for judging of Scandal; and that, so soon as such Returns shall be made, the Speakers of both Houses do send the said Returns to the said Committee accordingly; and that such, being by them considered and allowed, shall have Power to act according to Ordinances of Parliament.

"3. That the several Classis constituted by Parliament in the several Counties, within the Limits of the said respective Classis, where no Congregational Presbyteries are already settled, shall have from Time to Time Power to nominate such Ministers, and others as are qualisied according to the Ordinance to join with them in the same, to be approved by the Committee of Lords and Commons appointed to judge of Scandal, until such Time as Congregational Presbyteries shall be settled within the said respective Precincts; and when the said Congregational Presbyteries shall be settled within the said Limits, that then the said Congregational Presbyteries shall act according to the Power and Directions of the Ordinance in that Behalf; and that such Power shall be executed, not only in Cases of Death, or other Departure of any Minister or Elder from the Place of their wonted Dwelling, but also in Case of Increase of Ministers and Congregational Elderships in their several Precincts.

"4. That, at any such Time as Seven Congregational Elderships, or more, shall be constituted in any Classical Precinct, in any of the Counties, by the respective Classis established by Parliament, the same shall by them be signified to the several Congregational Elderships so established; and the said Congregational Elderships shall forthwith proceed to depute such of their Elders as are most fit, who, together with their Ministers, according to the Ordinance of Parliament, shall meet as a Classis, and shall be to all Intents and Purposes thenceforth the Classis of that Precinct, and execute all Power belonging to such or any former Classis; and the Classis formerly constituted by Parliament shall cease as to that Precinct.

"5. That the Elders of the Classis of the Province of London shall hold their Provincial Assembly in the Convocation-house at Paule's Church, in London, upon the First Monday in May next ensuing; and may adjourn their Meeting de Die in Diem, and conclude their Meeting with Adjournment unto the next Opportunity, according to the Ordinance of Parliament; and that no Act shall pass, or be valid, in the said Province of London, but what shall be done by the Number of Six and Thirty present, or the major Part of them, whereof Twelve to be Ministers, and Twenty-four to be Ruling Elders; and that the First Meeting of the Provincial Assemblies in the several Counties be appointed by the Committee of Lords and Commons aforesaid, and may adjourn as aforesaid, who are to appoint the Number of which each Province shall consist, and the Quorum that shall act in each Province.

"6. That, in the Classical Meeting of all Classis, that which shall be done by the major Part present shall be esteemed as the Act of the whole Classical Number; and the same to hold in the City of London, in their Meeting of Triers, and in all their Classical Meetings, and in the several Counties; and that no Act done by any Classis shall be valid and good, unless it be done by the Number of Fifteen present, or the major Part of them, whereof Five to be Ministers, and Ten to be Ruling Elders."

Adjourn.

House adjourned till 9^a cras.