House of Lords Journal Volume 9: 8 September 1647

DIE Mercurii; 8 die Septembris.

PRAYERS, by Dr. Gouge.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letters from the Commissioners with the King.

Two Letters from the Earl of Pembrooke, were read. (Here enter them.)

Complaint against Hall, Minister of Thaxsted.

Ordered, That the Complaint against Hall, the Minister of Thaxted, and the Mayor, shall be heard on Thursday next, in the Morning; and in the mean Time the Mayor and Jebbes to be bailed, to appear the same Day: Counsel and Witnesses to be brought on both Sides.

Howard's Maintenance.

Ordered, That Mr. Howard's Brothers and Sisters, now in his Care, shall be continued with him, for their Breeding and Education; and that their Maintenance, in whose Hands soever it is, shall be paid unto the said Mr. Howard, to be disposed of by him according as they shall demean themselves to him.

Answer from the H. C.

Mr. Page and the Clerk of the Crown return with this Answer from the House of Commons;

That they agree to these Particulars:

1. The Order for making the Quorum of the Committee of the Members of the Houses that are of the Committee of both Kingdoms to be Three.

(Here enter it.)

To the rest, they will send an Answer by Messengers of their own.

Romney, Minister of Hanworth, versus Ashdowne, Tisdale, and Browne, for refusing to pay him his Dues.

This Day Ashdowne and Tisdall, and Robert Browne, were brought to this Bar, as Delinquents, upon Complaint of Mr. Romney, Minister of Hanworth. And, upon Consideration of their Answers, it is Ordered, That the said Browne shall stand committed to The Fleete, there to remain till he hath paid to the said Mr. Romney that which is awarded by the Justices of Peace, according to the Ordinance of Parliament for Payment of Tithes; and also shall pay such Charges as this House shall order, for the Expence that the said Mr. Romney hath been at by this Business: It is further Ordered, That Mr. Ashdowne Solicitor, and Tisdall Bailiff, shall stand committed to the Custody of the Gentleman Usher of the Black Rod, for abetting the said Browne in the Disobedience of the said Ordinance of Parliament.

Message from the H. C. to sit a while.

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

To desire their Lordships would be pleased to sit, for they had some Business of Importance to bring up to their Lordships.

The Answer returned was:

Answer.

That this House will sit a while.

Noddel & al. to be attache, for a Riot in Hatfield Chace.

Upon reading the Petition of the Participants in the Draining of the Level of Hatfield Chase, &c. and also the Affidavits of David Zeland and Edward Hill:

(Here enter them.)

It is Ordered, That the Parties therein mentioned shall be attached, and brought before the Lords in Parliament, to answer their Contempt to the Orders of this House.

Elvin's Ordinance, to continue Mayor of Worcester.

The Ordinance for continuing of Elvin Mayor of Worcester, was read again, and Agreed to, with Alterations; and Ordered to be sent to the House of Commons, for their Concurrence in the said Alteration.

Ordinances to settle the Militia of Westm, the Hamlets, and Southwark.

An Ordinance for settling the Militia of Westm. was read, and Agreed to.

An Ordinance for settling the Militia of the Hamlets, was read, and Agreed to.

An Ordinance for settling the Militia of the Borough of Southwarke, was read, and Agreed to.

Message to the H. C. with Ordinances; and about Ly. Grey's Business.

A Message was sent to the House of Commons, by Mr. Page and the Clerk of the Crown;

To desire their Consents in these Particulars following:

1. The Ordinance for settling the Militia for Westm.

2. The Ordinance for settling the Militia for the Borough of Southwarke.

3. The Ordinance for settling the Militia for the Hamlets of The Tower.

4. To put them in Mind of the Lady Greye's Business.

Stewart and Elmhurst.

Ordered, That the Business between Henry Stewart and Mr. Elmehurst shall be heard, by Counsel and Witnesses on both Sides, the of : In the mean Time, all former Orders and Ordinances made concerning this Cause shall be and remain in full Form; and Obedience to be given thereunto.

Message from the H. C. to impeach those Lords who sat while the Speakers, &c. were with the Army.

A Message was brought from the House of Commons, by Sir John Evelyn.

Ordered, That the Report of this Message shall be made To-morrow Morning; and the Lords to have Notice to attend this House To-morrow Morning.

Letter to the Chancellor of Scotland, to call Home their Forces in Ireland.

"The Lords and Commons assembled in Parliament do order, That Mr. William Rowe do carry and deliver the Letter agreed upon by both Houses to be sent to the Chancellor of Scotland, concerning the discharging the Scotts Forces in Ireland."

Ordinance for Batchelor to be a Fellow of Eaton College.

"Whereas Dr. Meredith, late Fellow of Eaton Colledge, hath for divers Years together deserted his Fellowship, and adhered to the Forces raised against the Parliament, and hath resided in the King's Quarters and Garrisons, in open Hostility, whereby the said Dr. Merdith hath justly forfeited his Fellowship, and left it void, as if he were naturally dead: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That Mr. John Batchellor, an approved orthodox Divine, be hereby made and constituted Fellow of Eaton Colledge aforesaid; and that he have and enjoy all lawful Rights, Privileges, and Emoluments, as fully and wholly as the said Doctor Meredith, or any other Fellow of the said College, had, hath, or ought to have; and the Solicitor General is hereby required to prepare a Grant for the Great Seal, to this Effect; and the Commissioners of the Great Seal are hereby required to pass the same accordingly."

Letter from the E. of Pembroke, that the Commissioners had presented the Propositions; and desiring that they might all have Leave to return:

"My Lord,

"Yesterday in the Evening we presented the Propositions to the King, according to our Instructions. His Majesty said, That He would give us His Answer as soon as He could. And whereas only Three of us are required to return with it, our humble Suit is, That, having waited upon this Service so much longer than we expected, now at length we may be permitted all of us to return with His Majesty's Answer, and be discharged of this Employment; which shall be acknowledged as a great Favour, by

Hampton Court, 8 Sept. 1647.

"Your Lordship's
Most humble Servant,
Pembrook & Mount.

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

Letter from him, about the King's Manner of receiving them.

"My Lord,

"The Commissioners thought it not fit to any more than you will find in my other to your Lordship. However, I conceive it not amiss that you should understand, that, when the Propositions were read, His Majesty asked me, "Whether they differed from those of Newcastle?" Wherein, the Matter being not much, I gave him a short and particular Satisfaction. His Majesty then desired to know of the Earl of Lauderdaill, "Whether the Scottish Commissioners did agree to the Propositions?" To that his Lordship said, "They were satisfied with the late Declaration from the Parliament." In the Close, I desired His Majesty's Answer to the Propositions with all convenient Speed; for that we were bound up within Six Days. His Majesty said, "It was equal to Him, Six or Sixteen; for that He was well acquainted with the said Propositions."

"I thought fit to give your Lordship this Account in particular; who am

Hampton Court, Wednesday, 9 Forenoon.

"Your Lordship's
Most humble Servant,
Pembrooke & Mount.

"To the Right Honourable my very good Lord the Earl of Manchester, Speaker of the House of Peers for the Time being."

Participants in Hatfield Chace, Petition, against Nodell & al. for a Riot there:

"For the Right Honourable the Lords assembled in Parliament.

"The humble Petition of the Participants in the Draining of the Level of Hatfeild Chase, and Parts adjacent, in the Counties of Yorke, Lincolne, and Nott.

"Humbly sheweth,

"That, at a Sessions held before William Lister Esquire and Cornwallis Esquire, in June last, at Gainsburgh, Twenty-four Rioters of the Manor of Epworth, in the County of Lincolne, were convicted before them of a notorious Riot, at which Sessions was your Lordships Order of the 10th of December, 1645, hereto annexed, given in Evidence, as also the Order of the Court of Exchequer of the February last, for the establishing the Possession of those Lands with the Participants: That some of your Petitioners, with others, being commanded by the Sheriff's Deputy to attend him to keep the Peace, he going upon those Grounds in Obedience of your Lordships Order abovementioned; the foresaid Rioters, Mr. Noddell and his Company, preferred an Indictment against Two of the said Participants and Three others of their Tenants, for coming upon those Grounds. The Deputy Sheriff, being present at the Sessions, endeavouring to inform the said Justices of the Truth of the Business, and that they came upon the Ground in Obedience to your Lordships Order, he was commanded to hold his Tongue, and asked what he had to do with the Business.

"This Indictment, upon the Evidence of the Rioters convicted in June before, was found; and thereupon Warrants went forth, to carry them to Gaol. One of the Tenants was taken, and carried to the Gaol, and Bail refused by the same Justices; where he continued a Month, and then, after some Expostulations, they were pleased to bail him; the rest have entered Bail.

"Therefore humbly pray, That your Petitioners may be continued in their quiet Possession of the Premises, according to your Lordships Order of the 10th of December, and such other Orders of the Exchequer respectively concerning the Premises, that those in the Affidavits mentioned may be sent for, to answer their Contempt; and the Justices be ordered to attend this House in the Beginning of the Term, to shew Cause why they infringed your Lordships said Order.

"And the Petitioners shall pray, &c."

Affidavits concerning it.

"David Zeland, of the Parish of Haxie, in the County of Lincolne, Labourer, maketh Oath, That, upon Friday the Five and Twentieth Day of June last, this Deponent coming from Haxie, to go to his House in a Place called Haxie Carre, in the Parish of Haxie aforesaid, he this Deponent met with one Daniell Nodell an Attorney (being Solicitor, as this Deponent hath heard, in the Cause depending between the Inhabitants of His Majesty's Manor of Epworth and the Patentees of His Majesty's Improvement there, concerning the Right of Common within His Majesty's said Manor, whereof Haxie is a Member; and with the said Daniell Nodell were, Gregory Turre, Robert Browne, Thomas Tanckersley, and divers other Persons, to the Number of above Fifty, on Horseback; and after them a Multitude of other Persons, to this Deponent's Thinking Five Hundred, armed with Clubs, long Staves, and Forks, and One of them on Horseback had before him Guns, all going into the said Carres; and that he, this Deponent, being called by the said Mr. Noddell to go along with them, they required of this Deponent, "Whether Mr. Gibbon would come in to the said Carrs that Day, or not?" To whom he this Deponent answered, "He knew not." Whereupon the said Mr. Noddell "wished that he would come; for that the said Mr. Gibbon (as Mr. Noddell related) promised to meet them by Eight of the Clock that Morning at Langham Hill, being the Participants Grounds;" the said Number of Persons remaining there Two Hours after: And that, this Deponent coming after that (fn. 1) Home to his House in The Carre, some of the Inhabitants of Haxie asked him this Deponent, "Why he was not in the said Carre; for that there Mr. Noddell and his Company looks for him this Deponent?" And this Deponent further faith, That, about Twelve Years past, there was a Decree of this Court, for settling of the Inhabitants Part of Common within His Majesty's said Manor of Epworth and Haxie, openly published in Haxie Church in the Deponent's Hearing; and that, before and after, the said Carrs were holden in several, and until the Inhabitants, since these troublesome Times, did throw down the Ditches and Fences of the said Inclosures, and pull down the Houses thereupon built by the Patentees, and threaten to pull down the rest: And this Deponent further faith, That he being, about Three of the Clock in the Afternoon, at "Idle Stop there," one Thomas Tanckersley, (fn. 2) with about Twelve others, in an insolent Manner asked, "Where is this Gibbon? shall we not see him here To-day?" And this Deponent further saith, That he, being One appointed by the Participants to keep the Grounds that were so inclosed, did see one Charles Relsey, the 26th of June last, come with his Cart, and brought Straw, and did fill the Dike therewith, and covered the same with Sods, and so made a Cart-way over, to fetch out Swarth, which they had pared within the Grounds decreed and settled with the King's Farmers by the Decree and Order of the Court of Exchequer.

"Signum
Davidis (A) Zeland.

"Jur. 6 Julii, 1647.

"Robert Aylett."

"Edward Hill, of Sandtoft, in the County of Lincolne, Yeoman, maketh Oath, That he this Deponent, the 26th Day of June last, going into the Grounds called Jordam Gillams and Scawsett, the Possession of the Participants, His Majesty's Patentees, he this Deponent met with one Richard Starkey of Epworth, and Two other Persons, the Sons of Robert Cuttforth of Epworth aforesaid; which Starkey said, "Why would not Mr. Gibbon and his Company meet Mr. Noddell and his Company Yesterday?" This Deponent answered, "We were afraid you would kill us." Starkey said, "No; Mr. Noddell would have parled with Mr. Gibbon." This Deponent answered, "Upon what Occasion?" Starkey said, "If Mr. Gibbon would be content to let the Grounds lie which they had thrown down, then their Parley would be soon ended;" and said, "That Mr. Noddell had there Five Hundred Men in his Company, and the Banks lined with Men, to hem us in during the Parley; and that, if Mr. Gibbon and they did not agree, Mr. Gibbon, this Deponent, and one Edmond Awkeland, should have died for it, scape all the rest as they could: And this I tell you for your Comfort; and that, if we cannot get our Common by Law, we will get it by Club Law: And that Mr. Noddell had a Letter from Sir Thomas Fairefax, That, if Mr. Gibbon would not let them have their Ground they had laid open, and cast down the Banks thereof, they would pull down all the Houses in the Level, and Mr. Gibbon's House also:" And that the said Cutforth's Sons said, "They had a Cart loaden with Muskets the Day before that, for Mr. Noddell and his Company, if this Deponent or Mr. Gibbon and his Company had met with them;" which Danger was prevented by the Travail and Endeavour of William Gery Esquire, His Majesty's Under Steward of the said Manor of Epworth, as this Deponent hath heard. And this Deponent further saith, That he being One employed by the Participants to look to the said Inclosures, that, upon Saturday the 26th Day of June last, he saw the said Rich'd Starkey, with Two others, the Sons of Rob't Cutforth, throw down the Fences; and they and many others put in their Cattle, and so kept it Common; and said, "That, on Monday following, they would lead away the Swarth, and see who durst oppose them."

"Jur. 6 Julii, 1647.

"Rob't Aylett."

"Edward Hill.