House of Lords Journal Volume 8: 15 January 1646

DIE Jovis, 15 die Januarii.

PRAYERS, by Mr.

Ds. Grey de Warke, Speaker.

Lady Harcourt's Ordinance.

The Earl of Manchester reported, "That the Committee hath considered again of the Ordinance concerning the Lady Harcourt; and they conceive it a Business of great Equity, and not repugnant to the Deeds; and further, that the Land is now worth but Five Hundred and Thirty Pounds per Annum, whereof she is to have Five Hundred Pounds per Annum for her Jointure; and so there will but Thirty Pounds come to the Heir's Accompt; and besides, the said Lady hath already paid One Thousand Pounds Debts, owing by her Husband Sir Symon Harcourt."

Upon this, the House read the said Ordinance the Third Time, and Agreed to (fn. 1) it. (Here enter it.)

Propositions for Peace.

Ordered, That John James, alias Scroope, alias Sanford, shall be put into the First Qualification of the Fifteenth Proposition, amongst those Persons who shall expect no Pardon.

Order for Martial Law in Hereford;

Next, the Order for granting Martial Law to Colonel Birch, Governor of Hereford, was read, and Agreed to, with adding of a Proviso for exempting the Peers of this Realm, and the Members of the House of Commons, or any Assistants, Attendants, (fn. 2) or Officers of the House of Peers, or Officers of the House of Commons. The Concurrence of the House of Commons to be desired herein.

and in Gloucester.

Also the Order for granting Power of Martial Law to the Governor of Gloucester, was read, and Agreed to, with the adding of the same Proviso for exempting of Peers, &c.

Hallowes and Holland's Order.

The Order concerning Jonathan (fn. 3) Hollands and Ralph Holland, was read, and Agreed to. (Here enter it.)

Ordinance to press Soldiers for Sir T. Fairfax's Army.

After Consideration had of the Ordinance for impresting of Soldiers for Sir Tho. Fairefaxe's Army; it was read the Third Time, and Agreed to, with a Proviso of exempting such as bring Provisions to Town and Jurors, &c. and the Concurrence of the House of Commons herein desired.

Letter to Genoa, about Goods of the East India Company detained there.

The Earl of Manchester reported from the Committee of both Kingdoms a Draught of a Letter to be sent from the Houses of Parliament to the State of Genoa, for releasing of some Goods belonging to the East India Company, which are seized there by that State because Sir Peter Ricaut's Goods were seized here, and sold for Delinquency.

The said Letter was read, and approved of; and Ordered to be sent to the House of Commons, for their Concurrence; and the Speaker of this House to sign it with the Speaker of the House of Commons.

Marquis of Winchester to have an Allowance.

The House was informed this Day of the great (fn. 4) Necessity of the Marquis of Winchester in The Tower; "that he hath nothing to feed him but what his Keeper voluntarily gives him:" Therefore to send to the House of Commons, that he might have some Allowance of his own Estate, for his Maintenance.

Order for the Gaol to be removed from the Manor-house near York.

The Lords, being informed by the Earl of Essex, "That the Custody of the Manor near the City of Yorke was by His Majesty granted unto him, and that the Back Gatehouse belonging to the said House, together with the Rooms over it and adjacent unto it, and also the Room called The Garner's, within the said Manor Yard, are by Order of both Houses appointed to keep the Common Gaol in till the Castle be restored to its former Use;" do think fit that the said Order be vacated; and that it be referred to the Committee for ordering the War within the Northern Association, to appoint some other fit Place to keep the County Gaol in, until the Castle of Yorke be restored to its former Use.

Ordered, That this be sent to the House of Commons, for their Concurrence therein.

Message to the H. C. with it;

A Message was sent to the House of Commons, by Dr. Heath and Dr. Aylett:

1. To desire their Concurrence in the vacating the Order of both Houses, dated 11 Decemb. 1644, concerning the Manor-house at Yorke.

with an Ordinance;

2. To desire Concurrence in the Ordinance for pressing of Mariners.

that the Lords agree to Martial Law being exercised in Gloucester and Hereford;

3. To let them (fn. 4) know, that this House agrees in the Order for (fn. 5) granting Power of Martial Law to Colonel Birch, Governor of Hereford, with a Proviso, wherein their Concurrence is desired.

4. To let them know, that this House agrees to the Order for granting Power of Martial Law to Colonel Morgan, Governor of Gloucester, with a Proviso, wherein their Concurrence is desired.

with Lady Drake's Petition;

5. To deliver the Lady Drake's Petition to them, with Recommendations.

for the Marquis of Winchester to have an Allowance;

6. To acquaint them of the distressed Condition of the Marquis of Winchester in The Tower; desiring some speedy Course may be taken for his Relief, that he may not starve.

and with the Letter to Genoa.

7. To desire their Concurrence in the Letter to the State of Genoa.

Ordinance to punish prest Men who desert.

Next, the Ordinance for punishing imprested Soldiers that run away from their Colours, was read the Third Time, and Agreed to; and Ordered to be printed and published. (Here enter it.)

Davenport and Herbert.

Upon reading the Petition of James Davenport Gentleman; desiring, "that the Order of this House, dated the 17 of June, 1645, made in Behalf of Thomas Herbert, (fn. 6) and that he may proceed in the Chancery against him."

It is Ordered, That the said Order shall be vacated within Ten Days after the said Tho. Herbert shall have Notice of this Order.

Perkins's Petition, of Christ's College, Cambridge.

Upon reading the Petition of Edward Perkins, Student of Katherine Hall, in Cambridge; shewing, "That whereas, by the Decease of a late Fellow of Christ's Colledge in Cambridge, who was also ejected out of the said Society, there is a Vacancy as yet to be supplied; and, after some Debates about it in the College, it is devolved to the Power of the Honourable House of Parliament: The Petitioner, having been a Student in the said University almost these Eight Years, and desirous to continue his Studies in the same for his own and Public Good, humbly desires the said Fellowship may be conferred upon him."

It is Ordered, That the Petitioner do make it appear by Certificate, that the said Fellowship is in the disposing of the Parliament.

Ordinance concerning the London Militia.

The Lord Wharton reported the Ordinance concerning the Militia of London as fit to pass, with some Alterations, which they offer to the Consideration of the House.

Then the said Ordinance was read, with the Alterations, and Agreed to with the said Amendments, which are to be communicated to the House of Commons, for their Concurrence in the said Amendments and Alterations.

Ordinance concerning Martial Law.

The Lord Viscount Say & Seale presented a new Ordinance to this House, concerning Martial Law.

Read Once.

"An Ordinance for the settling of the Jointure of the Lady Anne Harcourt, and for passing the Wardship of her Son.

Lady Harcourt's Ordinance.

"Whereas, before the Marriage of Sir Symon Harcourt Knight, and his Lady, in Consideration of the said Marriage, and of Three Thousand Pounds Portion paid, the said Sir Symon Harcourt agreed with the Right Honourable Lettice Lady Pagett, Mother of the said Lady Anne, and the Right Honourable William Lord Pagett, to settle Lands and Tenements of the clear Yearly Value of Five Hundred Pounds per Annum, for a Jointure of the Lady Anne; for Assurance whereof, by a certain Jointure, dated the 23th Day of March, in the Seventeenth Year of His Majesty's Reign that now is, the said Sir Symon Harcourt and Vere Harcourt his Brother covenanted with the Lady Pagett, the Lord Pagett, and Sir Thomas Row, and Sir William Hicks, to levy a Fine of the Manor of Stanton Harcourt, in the County of Oxford, and of the Manor of Ellenhall, in the County of Stafford, and declared the Uses concerning the Lands in Oxfordsheir to the Use of Sir Symon Harcourt and the Heirs Males of his Body on the Body of the said Lady Anne begotten; and after, to the Use of the Lady Pagett and the other Friends trusted, for Ninety Years, for raising Portions for Daughters; with divers Remainders over: And concerning the Lands in Staffordsheir, for the Use of Sir Symon Harcourt for Life; and after, to the Use of the Lady Pagett, the Lord Pagett, Sir Thomas Rowe, and Sir William Hicks, their Executors and Assigns, for Ninety Years from the Death of Sir Symon Harcourt, upon Trust and Confidence to permit the Lady Harcourt to receive the Profits of so much thereof as exceeds not Five Hundred Pounds per Annum; and after, to other Uses in Remainders: And it is by the said Deed agreed and declared, that the Estates and Uses of all the Lands in Oxfordsheir and Staffordsheir, after the Death of the said Sir Symon Harcourt, and the Trusts therein declared, (fn. 7) were so limited and declared upon further Trust, and is by the Original Intent and Agreement of all the said Parties to the Indenture, that all the Lands in both Counties, and the Use and Estate thereof, should be charged, (videlicet,) That if the Lady Harcourt survive Sir Symon, and she and her Assigns, during the Term of Ninety Years, be interrupted from the quiet Possession and Profits of the Lands in Staffordsheir, or shall be occasioned to bring or defend any Suit in Law or Equity, or be put to, or sustain, any Charge, Loss, or Damage, by reason thereof; that in every such Case the Lady Harcourt and her Assigns shall and may levy, receive, and take, out of the Rents, Issues, and Profits of the Premises, in both Counties, full and present Recompence and Satisfaction for all such Charges, Losses, or Damages thereby, without any Deductions; and whereas the Lands in the County of Stafford were since recovered from Sir Symon Harcourt, upon several Suits, whereby that Part of the Estate that was originally charged with the said Provision for Jointure, and the Lands that should have descended to the Heir at Law by the said Agreement, and the Intent of all Parties thereunto, are evicted, and the Estate that is left is subject to many Suits and Incumbrances: And whereas the said Sir Symon Harcourt being engaged, by the Command of the Parliament, in Service against the Rebels in Ireland, and much indebted, and having Issue Two Sons, Phillip Harcourt and Fredrick, and unhappily lost his Life, the 28th of March, 1642, in the said Service against the Rebels, having a Personal Estate far short of his Debts, whereby his Lady and Children are left in a distressed Condition, and the Estate in great Hazard; and whereas the said Lady Harcourt, being his Administratrix, hath, by herself and Friends, paid and discharged the Sum of One Thousand Eight Hundred Pounds towards the Debts of the said Sir Symon Harcourt, and hath been very careful in the Education of her said Sons, and desires only to enjoy the Provision for her Jointure agreed on, and to be enabled to provide for her younger Sons, and discharge the Friends engaged for Debts; and forasmuch as it appears, by the Testimony of Mr. Vere Harcourt, who was Party to the said Conveyance and Fine, that he well knows that it was the clear Intent of Sir Symon Harcourt and of himself, and of all the Parties to the Deed, that the Lady Harcourt should have her Jointure of Five Hundred Pounds per Annum out of all the Lands, both in Staffordsheir and Oxfordsheir; and that Sir Symon Harcourt nor himself did, during Sir Symon Harcourt's Life, know of any Defect in the Deed; and if Sir Symon had known of any Defect in the Deed concerning his Lady's Jointure, that he is very confident that he would have improved his utmost Interest, both by himself and Friends, to have made good the said Jointure of Five Hundred Pounds per Annum to his Lady; and that, for his own Part, he is very ready and willing, and doth give his Consent to any Ordinance or Act, for the perfecting of the said Jointure or Provision for the Lady Harcourt, and would make it his Petition that the same should be settled accordingly.

"Now, for clearing all Doubts and Questions that may arise concerning the said Assurance, and for the better enabling the Lady Harcourt to pay the Residue of the said Debts and Engagements, to disengage Friends that are obliged, and to satisfy and pay the several Creditors who are, in any ordinary Course, without Relief for their said Debts, and for the enabling her for the Education of her said Sons, and for making Provision for her Younger Son who is altogether unprovided for: Be it therefore Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, That the said Lettice Lady Pagett, William Lord Pagett, Sir Thomas Rowe, and Sir William Hicks, their Executors and Assigns, shall have, hold, possess, and enjoy, the Manor of Stanton Harcourt, and all the other Lands in the said County of Oxford, with the Appurtenances, in present Possession, to be accounted, from the Death of Sir Symon Harcourt, for the Term of Ninety Years, if the said Lady Harcourt shall so long live; upon Trust and Confidence, and to the Intent and Purpose, that, out of the Rents and Profits thereof, they shall permit and suffer the said Lady Harcourt and her Assigns to receive the clear Yearly Revenue of Five Hundred Pounds per Annum out of the same, above all Charges and Reprizes whatsoever, according to the true Intent and Meaning of the said original Agreement, as fully and effectually, to all Intents and Purposes, as if the Estate and Use of the Manor of Stanton Harcourt, and all other the said Lands in the said Conveyance, had been limited to the said Sir Symon Harcourt for Life; and after, to the said Lettice Lady Pagett, William Lord Pagett, Sir Thomas Rowe, and Sir William Hicks, their Executors and Assigns, upon Trust, for raising, levying, and securing, the said Five Hundred Pounds per Annum to and for the said Lady Harcourt for Life, according to the true Intent and Meaning of all the said Parties to the said Conveyance.

"And be it further Ordered, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, and the said Lords and Commons do hereby Order, Ordain, and Declare, That the said Phillip Harcourt, Son and next Heir of the said Sir Symon Harcourt, shall be, and is hereby, freely discharged of and from all Compositions to His Majesty, Fines, and Reservations of Rent, for or in respect of his Wardship, and of and from all Primer Seisin, Liveries, Custer le Maines, and other Charges and Things whatsoever, by reason thereof; and that the Custody, Wardship, and Marriage of the said Phillipp Harcourt be committed to the said Lady Harcourt his Mother, to the proper Use and Benefit of the Lady Harcourt; and if it fortune the said Phillip Harcourt die before he come to be the full Age of One and Twenty Years, then the Custody, Wardship, and Marriage of the said Fredrick Harcourt, Second Son to the said Sir Symon Harcourt, be committed to the said Lady Harcourt, to and for the Use of the said Fredrick Harcourt: And it is further Ordered and Ordained, by the Authority aforesaid, That the said Lady Harcourt, her Executors or Assigns, shall not grant or assign the said Wardship to any Person whatsoever, without the Good-liking and Consent of the said Lettice Lady Pagett, and Vere Harcourt, or the Survivor of them, in Writings under their Hands and Seals, first had and obtained: And the said Lords and Commons do hereby Ordain and Declare, That the Master of the Court of Wards and Liveries, and all Officers and Ministers there, and in Chancery, and elsewhere, to whom it appertains, shall in due Manner, according to the Course of the said Courts respectively, pass the said Custody, Wardship, and Marriage, and pass a Lease of the said Lands, to the said Lady Harcourt as aforesaid: Saving always to all and every Person and Persons, and their Heirs, other than the Parties to the said Conveyance, their Heirs and Assigns, and all Persons claiming under them, all lawful Estates, Rights, Titles, and Interests whatsoever, of, in, and unto, the said Lands and Premises; any Thing in this present Ordinance contained to the contrary notwithstanding."

Hallowes and Holland to have Reparation from Lowther and Lamplugh.

"The humble Petition of Jonathan Hallowes and Ralph Holland, of the Parish of Rachdale, in the County of Lancast'r, was this Day read; setting forth, That they were robbed, by Sir Christopher Lowther and Mr. Lamplugh, in the County of Cumberland, in ready Money, to the Value of Eight Hundred and Two Pounds; in Bonds and Bills, to the Value of One Thousand Six Hundred Pounds more: Whereupon it is Ordered by the Lords and Commons, That it be referred to the Committee of Cumberland, to examine the Losses of the Petitioners, and to give them Reparations out of the Estates of Sir Christopher Lowthier and Mr. John Lamplugh, notwithstanding that the said Sir Christopher Lowthier is since dead."

Die Jovis, 15 Januarii, 1645.

(fn. 8) "An Ordinance of the Lords and Commons assembled in Parliament; giving Power to the Committee of the Militia of London, and to all Committees, Deputy Lieutenants, and others whom it doth concern, to apprehend all Soldiers that are run away from their Colours, who have been listed or imprested for the Service of the Kingdom, under the Command of Sir Thomas Fairfax; and that they forthwith repair to their Colours, upon Pain of Death.

Ordinance for punishing prest Soldiers, who desert.

"Whereas divers Men, who have been lately levied and imprested for Soldiers, within the several Counties of Essex, Kent, Middlesex, Sussex, Surry, Suffolke, Norfolke, Hertford, Huntington, Isle of Ely, Cambridge, Bedford, and within the Cities of London, Westminster, Norwich, and Canterbury, for the recruiting of the Army under the Command of Sir Thomas Fairfax, after such Time as they have received Prest-money, daily run away, and depart from their Colours, to the great Prejudice of the Public Service; and, unless some timely Course be taken therein, it may encourage others that are necessary to be imprested for the Service of that Army to do the like: For the due Punishment of such as have or shall hereafter run away, being imprested for that Army, it is Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That the respective Committees and Deputy Lieutenants of the Cities and Counties by whom and where any Persons shall be imprested for the said Army, or any Four of them, calling to their Assistance the Officers of the Militia or Trained Bands of the said respective Counties and Cities, whereof none to be under the Degree of a Captain, or so many of such Officers as, together with the said Committees and Deputy Lieutenants, or any Four of them, shall make the Number of Twelve in all, or more; upon Complaint made, or Notice given unto them, or any of them, of any Person, that, having been imprested to serve the Parliament by virtue of, and according to, the Ordinance of Parliament in that Behalf made, shall, after his being so imprested, run away; the said Committees, and Deputy Lieutenants, and Officers aforesaid, or any Twelve or more of them respectively, Four whereof shall be either of the said Committees or Deputy Lieutenants, shall have Power, and are hereby authorized, to meet together, in any Market Town, in some Public Place thereof, openly and not in private, to examine, hear, and determine the said Offences, within the Cities and Counties respectively whereof they are Committees or Deputy Lieutenants; and, upon Proof of any such Offence, by Confession, or Two Witnesses upon Oath, to proceed to the Condemnation and Execution of all such Person and Persons as shall offend as aforesaid, and to inflict upon them such Punishment, either by Death or by other Corporal Punishment, as the said respective Committees, Deputy Lieutenants, and Officers aforesaid, or the major Part of them there present, shall adjudge to appertain to Justice: And the said respective Committees, Deputy Lieutenants, and Assistants aforesaid, or any Twelve or more of them, Four whereof shall be of the Number of the Deputy Lieutenants or Committees, are hereby likewise authorized to minister Corporal Oaths to all Witnesses, and them to examine upon Oath, either before or at the Trials, as the Cases may require: And the said Committees and Deputy Lieutenants respectively, or any Two or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses, the said Witnesses being not Peers of this Realm, nor Assistants nor Officers of the House of Peers, nor Members nor Officers of the House of Commons, into any Place whatsoever, and commit to Prison all such as shall be refractory, or misbehave themselves: And the said respective Committees, Deputy Lieutenants, and Assistants, are hereby enjoined to proceed with all Diligence in putting this Ordinance in Execution; and have hereby Power to appoint a Provost Marshal, and other Officers, conducing to the Ends and Purposes aforesaid.

"And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of Peace, and other inferior Officers whatsoever, shall be aiding and assisting to the said Committees, Deputy Lieutenants, and Assistants, in the Execution of the Premises; and that the said Commissioners, Officers, and Assistants, and every of them, and all and every other Person and Persons that shall be aiding and assisting to them in the Execution of the Premises, shall be protected, and for ever saved harmless, by the Authority and Power of both Houses of Parliament.

"And it is lastly Provided, That this present Ordinance, and the Authority hereby given, shall endure and have Continuance for Nine Months, from the making hereof, and no longer.

"Die Jovis, 15 Januarii, 1645.

"Ordered, by the Lords assembled in Parliament, That this Ordinance be forthwith printed, and published by Beat of Drum in all Cities and Towns in the several Counties under the Power of the Parliament.

"Joh. Brown, Cler. Parliamentorum."