House of Lords Journal Volume 7: 21 April 1645

DIE Lunæ, 21 die Aprilis.

PRAYERS, by Mr. Arrowsmith.

Ds. Grey de Warke, Speaker.

Ordinance for Martial Law.

The Earl of Warwicke reported from the Committee, the Ordinance concerning Martial Law: "That they have taken the Alterations brought from the House of Commons into Consideration; and some the Committee thinks fit to agree to, to others their Lordships do think fit to adhere to their own Clauses, as it was sent down to the House of Commons."

The said Alterations were read; and the House confirmed the Opinion of the Committee, both for the adhering and agreeing.

The Lord North reported a Paper from the Committee of Lords and Commons for Sequestrations; which was read, as followeth:

Paper from the Committee for Sequestrations, concerning some Deeds executed by Sir J. Hotham after his Imprisonment, &c.

"Sir John Hotham, in December last, made several Deeds of some Parts of his Estate not formerly settled; by One of which, he conveys a Mansion-house and some Lands, in Fyling, to the Use of himself and of his Lady, for their Lives, the Remainder to other Uses; and, by Five other Deeds, he settles the immediate Inheritance of some other Lands upon his Daughters and Younger Sons respectively; and, by another Deed, assigns over his Term for Years, which he had in the Rectory of Beswicke, unto his Son Charles Hotham.

"The Committee of Yorkeshire certify these Deeds, and make Doubt, in respect the same were made after Sir John's Delinquency, Sequestration, and Imprisonment, whether they may give Allowance to the same.

"There have been also Two other Deeds produced and proved, videlicet, One dated 9 April, 1639, whereby Sir John Hotham makes a former Grant of the Rectory of Beswicke to his Son Charles Hotham, and the other dated 13 Decembris, 1644, by which Sir John Hotham settles the Reversion of the Manor of Fylingdale, and some other Lands there, upon his Son Durand Hotham and his Heirs.

"Upon the whole Matter, as to these Lands thus conveyed and settled after the Sequestration, Sir John Hotham being afterwards adjudged and executed by Martial Law (which Judgement, as to Corruption of Blood or Forfeiture, is alledged not to work or disable as Attainders at Common Law do), the Lady Hotham and Younger Children become Petitioners to the Committee of Lords and Commons for Sequestrations, to obtain a Discharge of the said Sequestration; wherein, for clearing of all Scruples, the said Committee have thought fit that the Case should be presented to the Consideration of the Two Houses, for their Resolution therein; expressing their own Sense to be, That the Lady and Children should have Justiliam cum Favorc.

"Jo. Wylde."

To be recommended to the H. C.

Ordered, That this House thinks it sit the Parties should have Relief; and that it be recommended to the House of Commons, and their Concurrence herein desired.

Committee of both Kingdoms to remove from Derby House, on account of the Plague.

The House being this Day informed, "That the Plague is lately broke out in a House very near to Darby House, where the Committee of both Kingdoms sit, which will be very dangerous to have the said Committee sit there during the said Infection:"

Apartments at Whitehall to be fitted up for them.

It is Ordered, That this House thinks it fit that the said Committee do remove, and sit (fn. 1) at Whitehall, in the Queen's Lodgings; and that Mr. Kynnersly do prepare those Lodgings speedily to that Purpose.

Message to the H. C. with the Ordinance concerning Martial Law;

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

To deliver to them the Ordinance concerning Martial Law, which first moved from this House, and brought from the House of Commons, with Alterations; to some of which Alterations their Lordships do (fn. 2) agree; to others they do adhere as it was first sent down, and desire their Concurrence therein.

with the Report about Sir J. Hotham's Deeds;

2. To deliver to them the Report from the Committee of Sequestrations, concerning the Lady Hotham and her Children; and to let them know, their Lordships think it sit they should have Relief therein, and recommend it to them.

and about removing the Committee of both Kingdoms from Derby House.

3. To acquaint them, that, upon Information given that the Plague is in a House very near to Darby House, where the Committee for both Kingdoms do sit, their Lordships have given Order, That Mr. Kynnersly do presently prepare the Queen's Lodgings at Whitehall, for the said Committee to sit; and desire the House of Commons would join herein.

Sir R. Mansell and Harris.

Upon hearing the Cause, by Counsel on both Sides, between Sir Rob't Mansell and Mr. Harris, touching a Complaint of Houses, Pots, Furnaces, and Stones, taken by Force out of the Possession of Sir Rob't Mansell, by Mr. Harris or his Agents: It is Resolved, upon the Question, That Mr. Harris shall restore the Possession of the Houses, Pots, and Stones, to Sir Rob't Mansell; and that Mr. Harris shall pay One Hundred (fn. 3) Pounds to Sir Rob't Mansell, for Damages.

Bishop to have the Guns delivered by Sir R. Needham.

Ordered, That the Clerk of the Parliament shall deliver to Mr. Bishop the Three Guns which were brought in to this House by Sir Rob't Needham.

Tilson freed from an Arrest.

Ordered, That John Tilson, now in the present Service of the State, and arrested, and imprisoned in The Gatehouse of Westm. contrary to the Privilege usually afforded in the like Case, shall be released, and set at Liberty, upon Sight of this Order.