House of Lords Journal Volume 7: 6 October 1645

DIE Lunæ, 6 die Octobris.

PRAYERS, by

L. Grey, Speaker.

E. of Denbigh Speaker.

Memorandum, That the Lord Grey of Warke, having a Cause to be heard this Day at the Bar, against Francis Finch Esquire and others, desired Leave of the House, that he might remove from the Wool-sack as Speaker; and that some other Lord might be appointed by the House to supply that Place.

Which was granted him; and the Earl of Denbigh was appointed Speaker pro Tempore, who supplied the said Place accordingly.

Answer from the H. C.

Sir Edward Leech and Mr. Doctor Aylett returned Answer from the House of Commons; and that they had desired their Concurrence in these Particulars:

1. To desire that there might be a Collection for the exiled Cornish Men, within the Lines of Communication, and Weekly Bills of Mortality.

2. To acquaint the House of Commons, that the Lords had appointed a Committee of Seven, to consider of the Papers of the Club-men in Sussex, now delivered to them; and that they would appoint a proportionable Number of their House, to meet at Three of the Clock this Day in the Afternoon, in the Prince's Lodgings.

3. To acquaint them, that, upon a Report from the Committee of both Kingdoms, this House had appointed Colonel Barrough to be Governor of Berkly Castle, and desire their Concurrence.

4. To put that House in Mind of certain Votes long since passed, and sent down to them, concerning John Hancocke; and to desire their due Consideration, and their Concurrence therein.

5. To put them in Mind of Mrs. Marsh's Petition.

To all which, the said House of Commons will return an Answer by Messengers of their own.

Plowman's Petition.

The Petition of Dorothie Ploweman was read, concerning a House that she hath in Coven Gardaine.

Upon reading of which Petition; it is Ordered, That the said Petition is referred to the Consideration of the Committee for the Ordinance for making of Coven Gardaine a Parish Church, who are to meet on the 14th of this Instant October.

L. C. J. Bramston to attend the House again as an Assistant.

The House was this Day moved, "That some Course might be taken, that the Lord Chief Justice Bramstone might again supply his Place of One of the Assistants of this House."

And then the Entry of the 12th of January 1640, and that of the 15th of the same Month, were read out of the Journal; and a Committee was appointed, to consider how to bring him in again, whose Lordships were to consider also of the Entries, and what was extant upon Record touching the said Business; and Mr. Serjeant Finch was to appoint the said Lord Chief Justice to attend the said Committee.

Committee to consider of the Method of bringing him in.

The Names of the Lords Committees appointed to consider of the Business concerning the said Lord Chief Justice Bramston; and to report the same:

Mr. Justice Reeve and Mr. Justice Bacon, to assist the Lords.

Their Lordships, or any Two of them, to meet at Nine of the Clock in the Morning To-morrow, in the Prince's Lodgings, and when after they please; and that the said Chief Justice Bramston do attend the said Committee at the Time and Place aforesaid.

Mr. Sandham's Ordinance.

The Ordinance for the taking off the Sequestration of Will'm Sandham Esquire, sent up from the House of Commons, was read 2^a & 3^a vice, and passed. (Here enter it.)

L. Grey & al. and Mr. Finch & al.

The Cause between the Lord Grey of Warke and others, Plaintiffs, against Francis Finch Esquire & al. Defendants, came this Day to a Hearing at the Bar, by Counsel Learned on both Sides.

The Petition of the said Lord Gray & al. was read.

The Answer of the said Francis Finch was read.

And after Counsel was heard on both Sides: It is Ordered, Upon entering into the Hearing of the Cause between the Lord Grey & al. Plaintiffs, versus Francis Finch & al. Defendants;

Counsel insisted upon "the Demurrer put in by them; that, for the Reasons therein contained, they ought not to make any Answer to the Plaintiffs Petition, for the Matters in Law set forth by their Demurrer."

And on the Plaintiffs Part it was desired, "That the Defendants Demurrer might be over-ruled; and that they might answer the Matters contained in the Petition."

And their Lordships, taking into Consideration the Reasons alledged on either Side, do hold, That it is proper that the Demurrer and the Matters in Law thereby arising should be argued in the First Place, before any Order should be given touching the Defendants Answer: It is therefore Ordered, That the Counsel on either Side shall argue the said Matter in Law on the 22th of this Instant October, before the Lords in Parliament; and then this House will give such further Order as shall be meet.

An Ordinance for Discharge of the Delinquency and Sequestration of Will'm Sandham Esquire.

Ordinance to discharge Mr. Sandham of his Delinquency.

"Whereas Wm. Sandham, of Chichester, in the County of Sussex, Esquire, having been formerly in Arms against the Parliament, hath come in and submitted himself, desiring to be admitted, by Way of Fine, to make his Composition for that his Delinquency; and thereupon, and upon Examination of his Estate, which appeareth to be One Hundred Pounds per Annum in Lease for Two Lives, the Lords and Commons have thought fit to impose upon the said William Sandham the Sum of One Hundred Pounds, the Moiety whereof (in Obedience to their Order) he hath already paid in, and given Security for the other Moiety to the Satisfaction of the Committee for Compositions intrusted therewith: It is therefore Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, That the said Sum of One Hundred Pounds, so paid and secured as aforesaid, shall be, and is hereby, accepted as a Composition for the Delinquency of the said William Sandham; and that the said William Sandham shall be from henceforth, and is hereby, clearly acquitted and discharged of his said Delinquency, and of and from all Penalties, Forfeitures, Seizures, and Sequestrations, of or upon his Person or Estate, by Reason of the said Delinquency; and that the said Will'm Sandham shall be, and is hereby, enabled to enjoy all his Lands and Estate, and to have, receive, and enjoy, all such Rents and Profits of his Estate, as have or shall grow due thereupon, from and after the Second Day of this Instant September, and so from thenceforward, in the same and in as ample Manner as he hath at any Time heretofore enjoyed, or ought to enjoy, the same; and all Committees, Sequestrators, Collectors, and other Officers whatsoever, are to take Notice hereof, and yield Obedience thereunto accordingly; any former Order or Ordinance to the contrary notwithstanding."

Mrs. Plowman's Petition, to prevent the House in Covent-Garden, her Father bought for her separate Use, from being sequestered for the Minister there.

"To the Right Honourable the Lords in Parliament assembled.

The humble Petition of Dorothy Plowman, Widow;

Sheweth,

That whereas your Petitioner married one Mr. Plowman, contrary to her Father's Liking, and he proved, as her Father suspected, an ill Husband, and also went into the King's Army to serve; that notwithstanding, your Petitioner's Father, out of his Fatherly Care, purchased a Lease of a House in Covent Garden, for the only proper Use of your Petitioner his Daughter, and her many Children, and never intended your Petitioner's Husband should receive the Benefit thereof; only took it in his Name, hoping he might be reclaimed hereafter; and whereas your Petitioner understands there is an Ordinance passed in the House of Commons, that the Lease of the House shall be for the Minister of Covent Garden:

Now, in regard your Petitioner's Father, who hath the real Interest in the said House, is beyond the Seas, and cannot, till he is informed, come and make his Title appear; and in regard he intended the same for her poor Infants;

Your Petitioner most humbly prayeth, that your Lordships will be graciously pleased to make a Stop of the Ordinance in that Particular, for Justice Sake, and the tender Care of Five poor Infants.

And your Petitioner, as in Duty bound, shall ever pray, &c.

"Dorothy Plowman."

Clerk of the Crown to issue Writs of Summons to the new Judges.

"It is this Day Ordered, by the Lords in Parliament assembled, That the Clerk of the Crown in the Chancery shall (by virtue hereof) prepare several Writs to the Two Judges and the Baron of the Exchequer, immediately after they shall have taken their Oaths, to give their Attendance in the Upper House of Parliament, according to the Duty of their Places respectively."