House of Lords Journal Volume 9: 26 October 1647

DIE Martis, 26 die Octobris.

PRAYERS, by Dr. Hoyle.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Marret to be repaid Money for Arms for Jersey.

Upon reading the Petition of Charles Marret; shewing, "That he having laid out Monies for Swords and other Arms, for the Defence of the Isle of Jersey, which is to be re-paid by the State:"

It is Ordered, To be specially recommended to the House of Commons; that the said Marrett may be re-paid what he hath disbursed (fn. 1) of his Monies, laid out for the State.

Col. Brandling's Sequestration taken off.

Upon reading the Petition of Colonel Brandlinge, with Certificates of the Lord Fairfax and Sir Thomas Fairfax: (Here enter them.)

It is Ordered, That this House thinks it fit that his Sequestration be taken off, and is hereby taken off; and that the Concurrence of the House of Commons be desired herein.

Heslerton and Hunton.

Upon hearing the Counsel of Isabell Heslerton Plaintiff, and the Counsel of Hunton and others Defendants:

It is Ordered, That the said Hunton and others are cleared from any Contempt to this House; and it is left to the Plaintiff to exhibit a new Petition, upon the whole Merits of the Cause, to this House.

Message from the H. C. with a Paper to the Scots Commissioners, about presenting the Propositions; and for a Conference about them;

A Message was brought from the House of Commons, by Sir Robert Pye Knight:

To desire Concurrence in a Paper sent up from their Lordships, to be communicated to the Scotts Commissioners, wherein they have made some Alterations.

(Here enter it.)

Agreed to; and Ordered to be communicated to the Scotts Commissioners this Afternoon.

2. To desire a Conference, so soon as it may stand with [ (fn. 2) their Lordships] Conveniency, touching the Propositions.

Ordered, To give a present Conference, in the Painted Chamber.

and with Orders, &c,

3. An Order for adding more Persons to the Committees for Assessments in The Savoy, &c.

(Here enter it.)

Agreed to.

4. An Order for adding more Commissioners for the City of Wor'ster, named in the Ordinance for the Monthly Assessments of Sixty Thousand Pounds.

(Here enter it.)

Agreed to.

5. Several Votes concerning the Army, and Forces for Ireland. (Here enter them.)

Agreed to.

6. An Order concerning the Commissioners for Kingston upon Hull. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Papers to be delivered to the Scotts Commissioners; and that it be delivered to them this Afternoon: That this House appoints a present Conference, in the Painted Chamber: To all the rest, they will send an Answer by Messengers of their own.

Lady A. Littleton, Sir F. Greville, & al. versus Awdley and Smith.

Ordered, That Isabell Smith shall put in her Answer, in Writing, to the Petition of Sir Foulke Grevill and others, by Saturday next; and if she neglect to do it, then this House will take it pro confesso against her; and that the Cause shall be heard, against Hugh Awdley and her, the 2d of November next, at which Time Parties and Witnesses on both Sides shall then attend.

The House was adjourned during Pleasure, and the Lords went to the Conference:

Which being ended, the House was resumed.

And Ordered, That the Report of this Conference shall be on Thursday Morning, at which Time all the Lords are to have Notice to attend the House.

L. Roberts, excused.

Ordered, That the Lord Robertes is excused for his Absence this Day, in regard of his ill Health.

Williamson Hoste versus Lynnen, in Error.

Upon Report this Day brought into the House, under the Judges Hands, by virtue of an Order of Reference of the 28th of May last, between William Williamson Hofte Plaintiff, in a Writ of Error, against Mathias Lynnen Defendant: It is Ordered, That the Judgement in the King's Bench in the said Cause be affirmed; and the Transcript of the Record sent back, that Execution may be taken out according to Course.

Wilson and Glover.

Ordered, That the Business concerning Dr. Wilson and Mr. Glover shall be taken into Consideration on the 17th of November next, at this Bar; at which Time, the Counsel and Witnesses in the said Cause are then to attend.

Paper to the Scots Commissioners, about presenting the Propositions to the King.

"The Commissioners of the Kingdom of Scotland to be acquainted;

"That both Houses have Resolved, That they will Once again make Application to the King, for those Things which the Houses shall judge necessary for the Welfare and Safety of the Kingdom.

"That, in order thereunto, the Houses are in Consideration, what Things to propound and insist upon for the Interest of the Kingdom of England, which they hope they shall have perfected within Ten Days; and shall, when they are perfected, impart the Particulars thereof to the Commissioners of Scotland."

"That they shall be ready to join with the Commissioners of the Kingdom of Scotland, to insist on the same Things for the Peace and Interest of that Kingdom, which were formerly propounded in Behalf thereof, in the late Propositions of both Kingdoms; or, if any Alterations in Behalf of that Kingdom be thought fit, the Houses desire they may be prepared and perfected within the Time aforementioned, that so no Time may be lost for the joint sending of such Things to the King as shall be agreed on for the Interest and Peace of the Kingdoms respectively."

Committee for Assessments in Westminster.

"Ordered, by the Lords and Commons assembled in Parliament, That John Hooker Esquire, Mr. George Merrifeild, Mr. Kellaway Guydatt, be added to the Commissioners, in all Assessments for Westm'r Liberty, in the Parishes of Clement Danes and The Savoy."

D° for Worcester;

"Ordered, by the Lords and Commons assembled in Parliament, That Edward Elwins Alderman, Francis Streete, Francis Francks, Edward Pitt, William Hughes, Fulke Estopp, Gentleman, be added to the Commissioners for the City of Worcester, named in the Ordinance for the Monthly Assessments of Sixty Thousand Pounds."

and Stafford.

"Ordered, by the Lords and Commons in Parliament assembled, That John Whorwood, Alexand'r Wightwick, Mathew Morton, Richard Flyer, Edward Broughton, John Shetwood, George Bowes, Esquires, and Francis Comberford Gentleman, be added to the Commissioners for the County of Staff. for raising Monies upon the Ordinance for Sixty Thousand Pounds per Mensem."

Committee of the Army to audite the Accompts of the Soldiery that are in England, and those going to Ireland.

"Ordered, by the Lords and Commons assembled in Parliament, That whereas, by the Resolutions of both Houses, of the 22th of September last, such as engage for Ireland, are to have their Accompts stated by the Committees of the several Counties, and Debentures given them: It is now Ordered, That such as disband shall have their Accompts in like Manner stated by the Committees of the several Counties, and Debentures given them: And it is further Ordered, That Power be, and is hereby, given to the several Committees in the several Counties, to whom it is referred to state the Accompts, and give Debentures to such as disband, or go for Ireland, to administer an Oath unto such whose Accompts they state and give Debentures unto, to the End it may be discovered what Monies such Persons have received, and where; and that the Lists upon which any Monies have been paid be forthwith printed, and Copies of them sent to the several Committees, together with Instructions; and that it be referred to the Committee of the Army, to give Order for the Printing of the said Lists, and for the sending of them to the several Committees, together with Instructions."

"Resolved, by the Lords and Commons in Parliament assembled,

"That whereas, by the same Resolutions of 22 Sept. 1647, Letters are to be written to the several Committees under which any of the Forces have served, that engage for Ireland, to require the speedy Dispatch of their Accompts: It is Ordered, That the Committee of the Army be authorized, in the Name of the Houses, to write those Letters, as well for those that engage for Ireland, as those that disband; and to desire the respective Committees for the respective Counties to supply Monies for disbanding of Forces within their Counties, and to be re-paid out of their Assessments.

"Resolved, &c.

"That it be left to the Committee of the Army, upon Advice with the General, or such as he shall appoint; to issue such Money as shall be necessary for the Supply, Reducing, and Disbanding, of Forces and Garrisons.

"Whereas the Houses have, by Ordinance, appointed Eight Thousand Pounds, out of the Assessments, to be paid to the Garrison of Plymouth: It is now Ordered, That Part of that Eight Thousand Pounds be employed towards the Payment of Two Months Pay, in order to the Reducing or Disbanding of such as are to be reduced or disbanded there; and the rest of the Money to be employed towards the Payment of Quarters within the Town, to make good Colonel Welden's Engagement; and what wants, the Committee of the Army to take Care to supply, out of the Assessments; and to take Care that the Accompts of the Forces of this Garrison be stated, and Debentures given, as for the rest.

"Resolved, &c.

"That the Six Thousand Foot now designed for Ireland be in Six Regiments, both in regard of the easier obtaining of their Numbers, and of the great Need of Officers to be intrusted in several Commands there, and for the more easy Distribution of the Forces to several Employments when they come there.

"Resolved, &c.

"That a Major, or a Lieutenant Colonel, be appointed for the Five Hundred Dragoons designed for Ireland, so as they may be more apt to be commanded in a distinct Body from the Regiments of Horse when there shall be Occasion; and that they may not be affixed to the Regiments of Horse, which would render them less useful there, and apt to think themselves not obliged to pass upon Duty but with the Regiments to which they should be affixed.

"Resolved, &c.

"That certain Persons be appointed, by Ordinance of Parliament, to state and audit the Accompts of all the Officers and Soldiers that are, or have been, of the Army, due as well on Public Faith, as present Pay, during their Service in this Army, or in any other Service of the Parliament, by such Ways and Means as they shall think fit; and to give Debentures, deducting for Free Quarter, out of the Arrears due to the Officers and Soldiers for their Service in this Army, according to the Proportions hereafter expressed; (videlicet,)

"From the Officers of the Train of Artillery, and Artificers and Attendants thereon, as followeth; (videlicet,)

"From all Officers in Commission, according to the Proportions following; videlicet,

"With this Exception, that if any Man can prove that he hath paid Quarter for more Time than the Space he hath been paid for, he shall have proportionably full Pay for so much Time over.

"Resolved, &c.

"That the Persons employed in this Service be enabled with such Powers as may be necessary to carry on the Business, and the clearing of such Doubts as may arise; and to employ Persons under them, and to pay them for their Pains; and the Treasurers at Wars, and Commissaries of Musters, to attend for this Service.

"Ordered, &c. That the Committee of the Army, or such as they shall appoint, be the Persons that shall be employed in the Service of stating and auditing the Accompts and Arrears of the Soldiery; and that the said Committee do prepare, and bring in, an Ordinance upon these Votes touching this Business, with Power sufficiently to enable them to carry on this Service."

Ordinance for raising the Monthly Assessment in Kingston upon Hull.

"Whereas, by an Ordinance of Parliament, dated the 23th of June, last past, for the raising of Sixty Thousand Pounds per Mensem, towards the Maintenance of Forces within this Kingdom, under the Command of Sir Thomas Fairefax Knight, and for the speedy transporting of and paying the Forces for carrying on the War of Ireland, the Monthly Sum of Fifty (fn. 3) two Pounds, Eighteen Shillings, and Nine Pence, is hereby appointed to be assessed upon the Town of Kingston upon Hull (and the County of Kingston upon Hull is omitted); by Means whereof, the Commissioners appointed by the said Ordinance for the said Town and County of Kingston upon Hull do forbear to assess the said Sum:

"The Lords and Commons assembled in Parliament do ordain, That the said Sum of Fifty-two Pounds, Eighteen Shillings, Nine Pence, shall be assessed and levied upon the said Town and County of Kingston upon Hull, by the Commissioners mentioned in the said Ordinance.

"And whereas some Doubt doth arise amongst divers of the Commissioners and others intrusted with the Execution of that Ordinance, whether they can proceed to assess and levy the said Assessments which incurred before the Date of the said Ordinance: It is further Ordained and Declared, That the said Commissioners, and others therein intrusted, have Power to assess and levy the said Monthly Assessments which did incur in the Time before the Date of the said Ordinance, as since."

Brandling's Petition, to clear his Estate from Sequestration.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"The humble Petition of Colonel Robert Brandling;

"Humbly sheweth,

"That your Petitioner, being heretofore misguided, served the King, in this War against the Parliament; but, when the Earls of Leven and Manchester and the Lord Fairefax, with their Armies, did besiege the City of Yorke, he did then render himself to the said Generals, and engaged to serve the Parliament; and accordingly (to redeem his former Mistake) did raise a Regiment of Horse at his own Charge, and therewith hath in Person faithfully served the Parliament during the War, and for which Service there is a great Arrear of Pay due to him; your Petitioner, upon his Reception to the Parliament's Service, having the Engagement of Three Generals, that his former Mistake should not be made Use of to his future Prejudice either in Person or Estate: All which will appear by their Lordships and his Excellency's Certificates hereunto annexed.

"And further sheweth, That, sithence your Petititioner's Engagement in the Parliament's Service, he hath married a Wife, by whom he hath a competent Fortune, which is the present Livelihood and Subsistence of your Petitioner (he being a Younger Brother); which Estate of your Petitioner's, so had by Marriage with his Wife, hath been endeavoured to be sequestered, by the Committee for Sequestrations in the West Ryding of the County of Yorke, upon Pretence of your Petitioner's Delinquency, for serving the King, before he submitted and served the Parliament: But, upon Consideration of your Petitioner's Case, upon Hearing, they suspended the Sequestration thereof, and made an especial Certificate to the Committee of Lords and Commons for Sequestrations; a Copy of which Certificate is hereunto also annexed.

"Now, in regard that, by the strict and severe Construction of the Ordinances of Parliament for Sequestration, he may be adjudged a Delinquent for his former adhering to the King, notwithstanding his After-service to the Parliament, and the said General' Engagements;

"Your Petitioner humbly prays, That your Lordships will be pleased to take the Premises into Consideration; and, by your Order, to discharge the Petitioner and his Estate from Sequestration.

"And he shall pray, &c.

"Rob't Brandlinge."

Certificate from Sir T. Fairfax, in his Favour;

"These are to certify whomsoever these may concern, That whereas Colonel Robert Brandlyn was formerly engaged against the State; yet, upon his Submission to the Earl of Leven, the Earl of Manchester, and the Lord Fairefax, together with the Commissioners of both Kingdoms then residing at Yorke, he received Commission from the Lord Fairefax, as Colonel, and behaved himself with much Fidelity and Resolution in the Service, according to his Quality and Fortune, both by his levying Horse and Arms, and actual serving with them against the Enemy, by whom he came to great Loss; in which Service he faithfully continued until he was reduced by Order: All which I thought fit to certify on his Behalf; and do recommend him to all whom these may concern, to look upon him as One who hath with much Fidelity served the Parliament since his Reception, and so to be dealt withal accordingly.

"Given under my Hand the 19th Day of October, 1647.

"T. Fairfax."

and from L. Fairfax.

"These are to certify whom it may concern, That whereas Colonel Robert Brandlins was formerly engaged against the State; yet, upon his Submission to the Earl of Leven, the Earl of Manchester, and myself, together with the Commissioners of both Kingdoms then residing at Yorke, it was agreed on, after the Battle at Hessa-more, myself then Commander in the North, that I should give him a Commission, upon his Reception to our Party, the Earl of Leven promising Surety for his faithful Deportment; his Lordship affirming to me, "That he would continue constant to his Engagement; and that the former Mistakes were not to be imputed to him, or to be made any Use against him to his future Prejudice, either in Person or Estate:" All which, to my best Knowledge, hath on his Part been really performed, according to his Quality and Fortune, both by his levying Horse and Arms, and (fn. 4) actual Service with them against the Enemy, by whom he came to great Loss; he having received nothing, that I know of, from the State, for any Pay, but One Forty Pounds, which was for the relieving of his Prisoners out of Pontfract Castle, and his own immediate Distress; and also he was obedient to all Orders that were directed to him, that did conduce to the discharging of his Place; and did continue in the through all Inconveniences, until he was reduced by Order, as his Debentures do sufficiently testify.

"Fer. Fairfax."

10 Junii, 1647.

Report from the Committee for Sequestrations in the W. Riding of Yorkshire, about Brandling's Sequestration.

"25 Junii, 1647.

"By the Standing Committee of Sequestrations for the County of Yorke.

"Whereas, by the Instructions for Sequestrations of Delinquents Estates, we are directed, That wherein we shall conceive any Doubt, we are to certify the same to the Committee of Lords and Commons for that Service, to the End we may thereupon receive further Direction in that Behalf:

"The Case is now,

"That Colonel Robert Brandling did formerly bear Arms, under the Earl of Newcastle, in the Northern Parts, against the Parliament;

"Until, the 23th of July 1644, upon his Submission to the Earl of Leven, the Earl of Manchester, and the Lord Fairefax, with the Commissioners of both Kingdoms then residing at Yorke, it was agreed, after the Battle at Hessey Moore, That, the said Lord Fairefax being then Commander in Chief in the North, the said Colonel should be received into the Parliament's Service: And accordingly he then received his Commission from the Lord Fairefax, to serve as Colonel of Horse; and hath on his Part performed the Service, both by levying Horse and Arms, and actually serving with them against the Enemy, until he was reduced, as by a Certificate from the said Lord Fairefax is more at large declared; and hath (fn. 5) not, since his said Reception, done any Disservice to the Parliament.

"The Question is, Whether the Estate Real and Personal, which the said Colonel hath, in Right of his Wife, within the West Ryding of the County of Yorke, ought to be sequestered, only by reason of his Delinquency before his said Reception into the Parliament's Service?

"Wherein this Committee humbly desires to be resolved by your Lordships.

"Jo. Farrar. Edw. Rodes.
Jo. Bright. Ro. Barwicke."

Paper to the Scots Commissioners, about presenting the Propositions.

"Ordered, by the Lords and Commons in Parliament assembled, That the Members of both Houses, that are of the Committee of both Kingdoms, do communicate unto the Commissioners of the Kingdom of Scotland, this Afternoon, the Paper agreed upon this Day, concerning making Application to the King, for those Things which the Houses shall judge necessary for the Welfare and Safety of the Kingdom."

Committees to receive a Letter from the Fr. Ambassador.

Ordered, by the Lords in Parliament assembled, That the Committee of both Houses of Parliament for Foreign Affairs is, this Afternoon, at Three of the Clock, to receive from the French Ambassador a Letter, which he hath received from the French King, directed to the Parliament of England; and afterwards to make Report to the Houses respectively.

The said Meeting to be in the Painted Chamber, near the House of Peers.

Ly. Littleton & al. versus Audley and Smith.

It is this Day Ordered, by the Lords in Parliament assembled, That Isabell Smith shall put in her Answer on Saturday next, to the Petition of Dame Awdrey Litleton, late Wife of Sir Adam Litleton deceased, Sir Fulke Grevill Knight, and Maurice Barrow Esquire; and in Default thereof, this House will take it pro confesso, and proceed thereupon.

And it is further Ordered, That the Cause between the said Lady Litleton, Sir Fulke Grevill, and Maurice Barrow Esquire, Plaintiffs, and Hugh Awdley Esquire, Isabell Smith, and others, Defendants, shall be heard, at this Bar, on Tuesday the 2d of November next; at which Time the Parties, by their Counsel, shall attend accordingly,

Hieron to be instituted to St. Michael's Harbledown.

Ordered, That Dr. Heath give Institution and Induction unto Sampson Heiron Clerk, Master of Arts, to the Rectory of St. Michaell's Harbledowne, in Com. Kent, void by the Death of the last Incumbent; salvo Jure cujuscunque; he taking the National League and Covenant, and producing his Presentation under the Great Seal.

Williamson Hoft and Linnen. in Error.

"According to your Lordships Order of the 18th of May last, in the Cause between William Williamson Hoofe Plaintiff, in a Writ of Error against Mathias Lynnen Defendant; we have several Times heard Counsel of both Sides; and, upon Consideration had of the Errors assigned and insisted upon by the Counsel, we are of Opinion, That the Judgement in the King's Bench, in the said Cause, ought to be affirmed.

"All which nevertheless we humbly submit to your Lordships grave Judgements.

20 Octobris, 1647.

"Tho. Trevor.
Pet. Pheasant.
Edw. Atkins.
Jo. Godbold."

Adjourn.

House adjourned till Thursday Morning next, at 10.