House of Lords Journal Volume 10: 29 February 1648

DIE Martis, 29 die Februarii.

PRAYERS.

Domini præsentes fuerunt:

Comes Warwicke, Speaker.

Letter from the Commissioners in Scotland.

A Letter from the Earl of Nottingham, from Edinburgh, dated Feb. 22, 1647, with Papers inclosed, were read. (Here enter them.)

Ordinance to continue the Admralty Committee.

An Ordinance was presented, and read, for continuing of the Committee of the Admiralty for Seven Months; and approved of, and ordered to be sent to the House of Commons for their Concurrence.

Sea Laws.

Ordered, That the House of Commons be put in Mind of expediting the Sea Laws for Mariners, there being great Necessity of them.

Sir N. Brent and the Inhabitants of Gedney.

Mr. Justice Bacon reported, "That himself and Mr. Justice Godbolt have heard the Business referred unto them, concerning Sir Nathaniell Brent, touching Gedney; and they have drawn up their Opinion in a Paper."

Which he delivered in. And the same was read.

(Here enter it.)

Also a Petition of Sir Nath. Brent and others, was read; desiring "to be restored to their Possessions; and, being so restored, they will appear gratis, and speed a Trial in any Court at Westm."

It is Ordered, That the other Parties are to have a Copy of this Petition, and return their Answer within Ten Days after Notice; else this House will proceed according to Justice.

Message to the H. C. with Ordinances to continue the Admiralty Committee;- about the Sea Laws; -and to remind them of Lady Moor's Petition.

A Message was sent to the House of Commons, by Doctor Aylett and Mr. Hakewill:

1. To deliver to them the Order for continuing the Committee for the Admiralty for Seven Months longer, and desire their Concurrence therein,

2. To put them in Mind of the Sea Laws.

3. To recommend to them the Petition of the Lady Moore.

Writs of Error brought in.

Mr. Justice Bacon, Senior Judge of the Court of King's Bench, brought in this Day these Writs of Error following; (videlicet,)

Andrewes & Woolman.
Serjeant & Woolman.
Andrewes & Woolman.
Jolley & Reynolds.
Glide & Spragne.
Lenthall & Raven.
Turfett & Sutterton.
Ds. Rich & Trigge.
Webber & Ison.
Weedon & Lodge.
Millward & Annable.
Edmonds & Kent.
Johnson & Barrett.
Elliott & Stode.
Wilds & Rogers.
Martin & Dennis le Barber.
Jolley & Bambrigge.
Maybancke & Baker.
Pountney & Edmonds.
Griffins & Squire.
Chamberlaine & Cottingham.
Liskins & Babington.
Gallop & Raymond.
Swymer & Jolley.
Halke & Crewe.
Hudson & Somer.
Payne & Asty.
Austin & Turley.
Horsfell & Hewitt.
Brunton & Allies.
Stanberry & Finch.
Williams & Dirrett.
Certiorari pro Darke.

Ordinance to attaint Jenkins.

The Ordinance for attainting David Jenkins, was read the First Time.

Ordinance to make St. Giles's at Pontefract, Parochial.

The Ordinance for making St. Gyles' Church, at Pomfract, a Parochial Church, was read the Third Time, and passed; and ordered to be sent to the House of Commons for their Concurrence.

Message from the H. C. with Votes, Orders, and Ordinances.

A Message was brought from the House of Commons, by Mr. Swinfen; who brought up divers Particulars, wherein they desire their Lordships Concurrence:

1. Votes that none raise or list Soldiers for any Foreign Forces. (Here enter them.)

Agreed to, and ordered to be printed and published.

2. An Order for Wm. Ashurst to be Clerk of the Crown for the Dutchy of Lancaster. (Here enter it.)

Agreed to.

3. Additional Names to the Committee for Devon.

4. An Order for Mr. Fenwicke to be Register of the Ecclesiastical Court of Durham. (Here enter it.)

Agreed to.

5. Order for Five Hundred Pounds to Major Harley.

6. Ordinance for One Thousand Pounds for Colonel John Bingham.

7. Ordinance for One Thousand Pounds for Colonel Wm. Sydenham.

8. An Order for Five Hundred Pounds for Colonel John Fenwicke.

9. Divers Ordinances of Compositions for taking off Sequestrations of Delinquents.

The Answer returned was:

Answer.

That this House agrees to the Votes against raising and listing of Soldiers for Service of any Foreign Prince or State, and to the Order for Mr. Ashurst to be Clerk of the Crown for the Dutchy of Lancaster, and to the Order for Mr. Fenwicke to be Register of the Ecclesiastical Court of Durham: To all the rest; their Lordships will send an Answer by Messengers of their own.

Knipe, Halhead, Wilson, & al. to be attached, for the Riot at Kendall.

Upon reading again the Information and Certificate of the Committee for Sequestrations, within the Barony of Kendall and County of Westm'land; complaining of a great Riot there:

It is Ordered, That any One or more of the Justices of the Peace of that County shall, according to Law, attach the Bodies of Anthony Knipe, Miles Halhead, Alan Wilson, Captain Huddleston Phillipson, Leonard Ayrey, Regnald Harrison, and (fn. 1) commit them to the Gaol; and in case any Resistance be, then the Sheriff do assist, with the Power of the County, as also Major General Lambert: And it is further Ordered, That they shall be proceeded against at the next Assizes to be held for that County, to be punished according to their Offences, and according to Justice, whereof this House expects a strict Account; and that the Magazine and Arms, which were taken away by the Parties aforesaid, or any others, from the Committee in August last, shall be re-delivered.

Sir Jerv. Clifton's Ordinance:

The Ordinance for the Composition of the Delinquency of Sir Jervais Clifton, was read.

His Petition, desiring to have the Benefit of the Articles of Newark, &c.

Then the Petition of the said Sir Jarvais Clifton was read; (fn. 2) desiring "he may have the Benefit of the "Articles of Newarke, for the Abatement of his Fine;" and desiring "to have a Review of his Composition."

It is Ordered, That the Articles of Newarke, and the Ordinance for those which came in by the First of May should pay but the Third Part, shall be perused on Thursday Morning next.

Ordinance for Feoffees for Lanc. School.

An Ordinance for appointing Feoffees for the School of Lancaster, was read, and passed.

Letter from the Commissioners in Scotland, with the following Papers.

"To the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro Tempore. Present these.

"May it please your Lordship,

"On Friday the 18th of February, we arrived in Edenburgh, where the Gentlemen who came before us hither gave us to understand, that they had sent a Letter to the Lord Chancellor, a Copy whereof is here inclosed. On Saturday the 19th, the Lord Chancellor came to us, sent from the Committee of Estates, to see our Commission or Letters of Credence; which we shewed him: Upon Sight whereof, finding they were directed to the Parliament of Scotland, he was pleased to tell us, "That the last Parliament was determined, and this was not yet met." Whereupon we were necessitated to shew him so much of our Instructions as did direct us to make Application to the Committee of Estates, and did warrant the Paper lately sent to them. All which being comprehended in a Letter from the Chancellor and an Answer to it, I have inclosed sent you Copies of them both. And because we might possibly be delayed until the Parliament shall sit, which is more than a Week to come, we did (considering the State of Affairs here) add something in the End of our Letter which we thought was for your Service, the promoting whereof shall be the constant Endeavour of

"Your Lordship's

"Humble Servant,

From Edenburgh, Feb. 22, 1647.

"C. Nottingham."

Letter from them to the Chancellor of Scotland, desiring an Audience of the Committee of Estates.

"A Letter to the Lord Chancellor of Scotland.

"May it please your Lordship,

"We are sent, from both Houses of the Parliament of England, Commissioners unto the Committee of Estates, Convention of Estates, and Parliament, of the Kingdom of Scotland; and hearing that the Committee of Estates do meet this Day, we do entreat your Lordship to move them, on our Behalf, That they would be pleased to appoint in what Way we may impart to them what we have in Command from both Houses with as much Speed as may stand with their Conveniency; wherein you will do a special Favour unto,

"My Lord,

"Your Lordship's

"Most humble Servants,

Edinburgh, 10 Feb. 1647.

"Wm. Ashurst.

"Jo. Birch."

His Answer:

"A Copy of a Letter from my Lord Chancellor of Scotland, to the Commissioners.

"Right Honnorable,

"I did comunicate your Letter Yesterday to the Committee of Estates; who have comaunded me to make knowne to you, That they will take your Desire into Consideration, and retourne an Answere speedily. And I shall be ready upon all Occasions to testify that I am

"Your most humble Servant,

Hollyrood House, Febr. 11, 1647.

"Loudonn."

Letter from the Commissioners, to the Chancellor, with the following Paper.

"A Copy of the Second Letter from the Commissioners to the Chancellor of Scotland.

"May it please your Lordship,

"We do acknowledge your Lordship's Favour, in presenting the Desires in our former Letter unto the Right Honourable the Committee of Estates; and now, after we have resided here so many Days, we judge it our Duty, both to let your Lordship know in general wherefore we are sent to them, and to enable ourselves to give some Account to the Parliament of England what we do in Pursuance of their Commands. Therefore we do further humbly entreat your Lordship, to communicate the inclosed Paper to the Right Honourable the Committee of Estates; whose Resolutions we shall attend, concerning the Way of our further Proceedings,

"My Lord,

"Your Lordship's

"Most humble Servants,

Edinburgh, 15 Feb. 1647.

"Will. Ashurst.

"Jo. Birch."

Paper from them, containing the Reasons of their being sent to Scotland.

"A Copy of the First Paper sent from the Commissioners, to the Committee of Estates of Scotland.

"We, the Commissioners of both Houses of Parliament of England, have in Charge from them, to declare unto the Committee of Estates, Convention of Estates, and Parliament, of the Kingdom of Scotland, That it is their unfeigned Desire, and shall be their constant Endeavour, to maintain and preserve a good Correspondency, a right Understanding, a Brotherly Agreement, between the Parliament and Kingdom of England, and the Parliament and Kingdom of Scotland; and that they do sincerely intend to do all Things (which with Honour and Justice) lies in their Power, to give Satisfaction to their Brethren of Scotland; to which End they have sent us, that all contrary Impressions (that possibly might arise) may be removed, and their unfeigned Desires manifested, to continue the happy Conjunction betwixt the Two Kingdoms in that One Common Cause, and against the Common Enemy, wherein they have been so long (with the Blessing of God) united; it being that whereunto we are deeply obliged by so many mutual Engagements, and wherein the Glory of God, the Interest of all that profess the true Reformed Religion, and the Tranquillity and Peace of both these Kingdoms, are so mutually concerned: Upon which Considerations, we cannot doubt but that the like Affection and Desire will be manifested by the Parliament of the Kingdom of Scotland, your Lordships, and all other in Power and Trust under them.

"By the Command of the Commissioners of the Parliament of England.

"John Squibb, Secretary."

Letter from the Chancellor of Scotland, desiring they will communicate their Powers to the Committee of Estates.

"A Copy of the Letter from my Lord Chancellor of Scotland, to the Commissioners, concerning his communicating to the Committee of Estates our Desire to make known to them our Commission and Power from both Houses of the Parliament of England.

"My Lord and Gentlemen,

"I received your Letter of the 15th, with the inclosed Paper, which I comunicated to the Committee of Estates; who have appointed me to desire, that you would be pleased to make knowne the Commission, or Powers, you have from the Two Houses of the Parliament of England: After which, they will take your Desires speedily into Consideration. This being all I have in Commaund at this Tyme, I rest

"My Lord and Gentlemen,

"Your most humble Servant,

"Loudonn.'

Answer from the Commissioners, desiring they will entertain no Misapprehensions of the Proceedings of Parliament; and to preserve a good Correspondency.

"A Copy of the Commissioners Letter, in Answer to my Lord Chancellor's last Letter.

"My Lord,

"The last Night we received, in a Letter from your Lordship, that which upon Saturday the 19th of this Month you were pleased to deliver us by Word of Mouth from the Committee of Estates; in Answer whereunto, we did then shew unto your Lordship our Letters of Credence unto the Parliament of Scotland (whereof, because we have a Duplicate, we have for better Satisfaction sent you inclosed One of the Originals), which we doubt not will give Satisfaction unto the Right Honourable the Committee of Estates; to whom both Houses of the Parliament of England are so desirous to shew all Respect, that (we are confident) they would have sent to them also in a particular Letter of Credence, if it would have been judged necessary or usual. Besides, we did then shew unto your Lordship, that both Houses of the Parliament of England did, upon the 29th of January last, pass Instructions (which, having the Force of an Ordinance of Parliament, are both a Commission and Instructions) unto Charles Earl of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, William Ashburst, and Colonel John Birch, Esquires, appointed Commissioners to the Kingdom of Scotland: And we did then let your Lordships see so much of our Instructions, as did make it appear that the said Commissioners, or any Two of them, were commanded, in the Name of both Houses of the Parliament of England, to make Addresses, unto not only the Parliament of this Kingdom, but also unto the Convention and Committee of Estates; and that we had sufficient Warrant, in those Instructions, for the Paper of the 15th of February last, now mentioned in your Lordship's Letter, wherein we did declare the unfeigned Desire of the Parliament of England to preserve and continue a good Understanding and a Brotherly Agreement betwixt these Two Kingdoms, who are, by the Blessing of God, in so happy a Conjunction. And now, having this Opportunity, we do entreat your Lordship to present from us this further Desire unto the Right Honourable the Committee of Estates, That they would entertain no Misapprehensions of the Proceedings of the Parliament of England; but, if any such should be, that we may be heard; it being the Resolution of the Parliament of England to give Satisfaction to the Kingdom of Scotland in all just and honourable Things: Which is all wherewith we shall at present trouble your Lordship; but shall wait upon the further Resolutions of the Committee, and remain

"My Lord,

Edinburgh, 22 Feb. 1647

"Your Lordship's humble Servants."

Fenwick to be Register of the Courts in York, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That the Place of Register in the Ecclesiastical or Civil Courts in Yorke or Duresme, when they shall be settled, be bestowed upon Mr. Robert Fenwicke, in further Consideration and Recompence of his faithful Services and great Losses."

Order for Ashhurst to be Clerk of the Crown in Lancaster.

"Ordered, by the Lords and Commons assembled in Parliament, That William Ashburst Esquire be, and is hereby constituted and appointed, Clerk of the Crown, in the County Palatine of Lancaster; to have and hold the said Office, with all the Advantages, Profits, Rights, and Emoluments, thereunto of Right lawfully belonging and appertaining, during his Natural Life; the same being void by the Delinquency of Alexand'r Rigby, of Burgh, Esquire: And the Clerk of the Dutchy, or such other Person to whom it appertains, is hereby authorized and required to prepare a Grant of the said Office, in usual Form, to the said William Ashburst, as aforesaid, accordingly: And the Chancellor or Chancellors of the Dutchy and County Palatine of Lancaster for the Time being are hereby likewise authorized and required to pass the said Grant, so prepared, under the Seals of the Dutchy and County Palatine of Lancaster, accordingly."

"Resolved, &c.

Votes to prevent the Listing Forces for Foreign Princes.

"That no Person or Persons whatsoever presume to raise, list, muster, or gather together, any Soldiers or Forces, upon Pretence of transporting them for the Service of any Foreign Prince or State, within the City of London, or within Ten Miles of the said City.

"Resolved, &c.

"That no Person or Persons whatsoever presume to raise, list, muster, or gather together, any Soldiers or Forces, in any Place of this Kingdom, for the Service of any Foreign Prince or State, or to transport any Soldiers or Forces out of this Kingdom, without the Special Licence of the Committee of Derby House."

"26 Feb. A°. 1647.

Sir Nath. Brent and the Inhabitants of Gedney.

"According to your Lordships Order of the Fourth Day of this Instant Month, in the Presence of Sir Nathaniell Brent, and of his and the other Petitioners Counsel, we have perused (fn. 3) the Copies of Four several Affidavits, attested under the Hand of Mr. Browne, Clerk of the Parliament, the Originals whereof we conceive do remain in this Honourable House; and thereby it doth appear, that Possession of several Grounds in the said Affidavits mentioned have for some Times gone with the Petitioners, or those under whom they claim; and that such their Possession hath been disturbed of late Years, as by the said Affidavits more particularly appears; but what particular Persons made such Disturbance, it doth not appear: And several Persons, affirming themselves to be some of the Inhabitants of Gedney in the Petition mentioned, did likewise appear before us; and, by their Counsel, alledged, "That the said Inhabitants had Title of Common in the Ground in Question; and that the Inclosures thereof have been within the Space of Twelve Years, or thereabouts, upon Articles made between certain Patentees from the Crown and the Commoners and others, which Articles, as they alledge, were never performed; and that, by the said Articles, they are not to be excluded of their Common till Performance of the said Articles:" But the Petitioners alledged, "That the Lands whereunto they make Claim are neither comprized within such Articles, nor were Commonable Grounds by the said Inhabitants." The Truth of which Things, we conceive, will require a more large Examination than we have Power to take.

"All which we leave to your Lordships further Consideration.

"Francis Bacon.

"Jo. Godbold."

Eaton to be instituted to Cudsden;

Ordered, That Doctor Aylett give Institution and Induction unto Rob't Eaton Clerk, to the Vicarage of Cudsden, in the County of Oxon, void by the Cession of the last Incumbent; salvo Jure, &c.: Presentation under the Great Seal.

Godwin to Herne;

Ordered, That Doctor Aylett give Institution and Induction unto Edmond Godwin Clerk, Master of Arts, to the Vicarage of Herne, in the County of Kent, void by the Death of the last Incumbent; salvo Jure, &c.: Presentation under the Great Seal.

and Ranew to Felsted.

Ordered, That Doctor Aylett give Institution and Induction unto Nathaniell Ranew Master of Arts, unto the Vicarage of Felsted, in the County of Essex, void by the Death of the last Incumbent; salvo Jure cujuscunque: Presentation under the Hands and Seals of Rob'te Earl of Warwick, Edward Earl of Manchest'r, John Lord Robartes, Stephan Marshall, Edmond Callamy, and Obadiah Sedgwicke, Patrons.

Adjourn.

House adjourned till 10^a cras.