House of Lords Journal Volume 4: 2 April 1642

DIE Sabbati, videlicet, 2 die Aprilis.

PRAYERS.

Committee for examining the Kentish Petition to have Power to send for Witnesses.

Ordered, That the Committee appointed by this House to examine the Business concerning the Kentish Petition, shall have Power, by virtue hereof, to send for such Witnesses as they shall think fit, for the better Discovery of that Business.

The House called.

This House was this Day called; and these Lords following were absent: videlicet,

The Lord Great Chamberlain, hath Leave to be absent.

The Duke of Richmond, hath Leave to be absent.

Mr. Walter disobeys an Order made in Behalf of his Wife.

Upon a Motion this Day made unto this House, "That William Walter hath not made Settlement, or Assurance, of his Lands, Tithes, and Tenements, for the Payment of Sixty Pounds per Annum to the Use of Mrs. Walter his Wife, and her Three Children, as, by an Order of the 10th of July 1641, he was Ordered to do: Notwithstanding it appeareth, by Affidavit of William Kent, sworn the 22d of November 1641, of his repairing to the said William Walter's House, with the said Assurance and Order, where he verily believeth he saw the said William Walter look out of his Window, and also was credibly informed that he was there, although his Servant denied the same; which since, by an Order of the 27th of November 1641, is Ordered a sufficient Serving of the said Order of the 10th of July 1641, and the said William Walter thereby enjoined to observe the same; which Order of the 27th of November was also left at his House, as appears by Affidavit:" It is therefore Ordered, That Mr. Justice Foster and Mr. Justice Heath shall consider of a Draught of such Assurance as shall be good in Law, for the Sequestration of the Lands, Tithes, and Tenements, of the said William Walter, at the Time of the said Order of the 10th of July, for the Payment of Threescore Pounds per Annum, to begin from Michaelmas last past, to the said Mrs. Walter, as also a Sequestration of the Moiety of such Estate as shall increase by the Death of the said William Walter's Mother, Grandmother, or otherwise, to the Benefit of the said Mrs. Walter and her Three Children, during her natural Life, according to that former Order made the 10th of July 1641, and after present the Draught of Sequestration unto this House, for the further RatiRatification and Confirmation of the same; and that such Expressions be made therein as may direct the present Execution thereof.

Clerk of the Crown to prepare for the Lords to subscribe to the Contribution for the Protestants in Ireland.

Ordered, That the Clerk of the Crown do prepare a Book, and attend upon the Lords, to take their Subscriptions, of what Money they will adventure upon the Propositions for Ireland; and likewise to receive their Lordships Contribution for the Relief of the Poor Protestants in Ireland.

Message from the H. C.

A Message was brought from the House of Commons, by Mr. Pierpointe; which consisted of divers Particulars:

That the Lords Lieutenants would put the Ordinance for the Militia into Execution.

1. To desire that their Lordships would please to Order the Lords Lieutenants to put the Ordinance of both Houses of Parliament for the Settling the Militia into Execution forthwith.

For an Order to remove the Arms and Magazine from Hull.

2. The House of Commons desire their Lordships Concurrence in an Order, concerning removing the Arms and Magazine from Hull; which Order was read, as followeth: videlicet,

The Order.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir John Hotham be authorized, by both Houses of Parliament, to suffer the Powder, Arms, Ordnance, and Ammunition, that are in the Magazine at Hull, to be imbarked (except so much of the same as shall be necessary for the Defence of that Town and the County of Yorke); and that the Master of the Ordnance be desired to take Care that some of the Officers of the Ordnance may be appointed to be at Hull, to see the said Arms and Ammunition embarked, and to take an Inventory of the same; and that the Lord Admiral be desired to take Care that the said Arms and Ammunition may be embarked, and that good Convoys may be provided, to conduct the said Ships, Arms, and Ammunition, from Hull to London."

And with the Names of some Deputy Lieutenants.

3. That the House of Commons do recommend to their Lordships Consideration the Names of such Persons as they think fitting to be Deputy Lieutenants of several Counties, wherein they desire their Lordships Approbation.

The Names follow:

Sir Robert Strickland, Knight.

Thomas Rolt, Esquire, to be Deputy Lieutenant for the County of Bedford.

Lords Lieutenants to put the Militia in Execution.

The House taking these Particulars into Consideration; and concerning the First Part, were of Opinion that this House had already Ordered the Lords Lieutenants to put the Militia into Execution in the Ordinance, and resolved it should be done speedily.

Conference to be had about removing the Magazine from Hull.

2. Concerning the Order for removing the Arms and Ammunition from Hull, this House thought it requisite to be done; but Resolved, upon the Question, To have a Conference with the House of Commons, to propound it to them, that both Houses may humbly petition the King that it may be done, and to present His Majesty with some Reasons for the same.

Deputy Lieutenants approved of.

3. Concerning the several Persons nominated to be Deputy Lieutenants, this House approved of them all.

The Answer returned was:

Answer to the H. C.

That this House intends to put the Ordinance for the Militia into Execution forthwith; and that this House approves of the Persons Names now brought up, to be Deputy Lieutenants for those particular Counties; and concerning the Order for removing the Arms and Ammunition from Hull, this House will send an Answer, by Messengers of their own.

Message to the H. C. for a Conference about removing Arms from Hull.

A Message was sent to the House of Commons, by Serjeant Ayliff and Mr. Page:

To desire a Conference, by a Committee of both Houses, in the Painted Chamber, at Three of the Clock this Afternoon, concerning a Proposition received from them this Morning, touching the removing of the Arms and Ammunition &c. from Hull, to The Tower of London.

Subject of the Conference.

The Matter of this Conference was to be: "To let them know, that their Lordships conceive the removing of the Arms and Ammunition from Hull is a Thing fit to be done; and do desire that the King may be moved, by humble Petition from both Houses, to give Way unto it, upon such Reasons as they shall represent unto Him."

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons will give (fn. 1) a Conference this Afternoon, as is desired.

Vernatti versus Latch and Jennings.

Ordered, That Sir Philibert Vernatti, Knight, shall forthwith, upon Sight hereof, appear before the Lord Keeper of the Great Seal of England, and shew Cause why a Ne exeat Regnum, on the Behalf of Thomas Jennings, Esquire, should not be issued out against him until the Cause be heard and determined between him and Mr. Latch; and that, both Parties being heard in this Business what they can say, his Lordship may proceed therein as he shall think fit.

Annekin Vanhoven versus Dalbeere.

L. Keeper to send for Dalbeere, and settls the Difference.

Upon reading of an Affidavit this Day, "That John Dalbeere was served with an Order of this House, dated the 29th of March last past, to shew Cause before the Lords in Parliament, why a Ne exeat Regnum, at the Petition of Annekin Vanboven, should not be granted out against him, who hath not since attended this House accordingly;" it is therefore Ordered, That the Lord Keeper shall call the said John Dalbeere before him; and, unless he can shew good Reason to the contrary, his Lordship is to issue a Ne exeat Regnum out against him, until the Cause between him and the said Annekin Vanboven be determined.

Mr. Barty and Mr. Skipwith.

Upon Information to this House, "That there is a Quarrel and Difference between Mr. Barty and Mr. Skipwith; and, unless it be presently taken up and they reconciled, 'tis feared it will end in Blood:" Hereupon this House referred the Differences between them to the Lord Admiral and the Lord Chamberlain; and Ordered, That the Gentleman Usher attending this House shall find them out, and bring them before their Lordships presently, that so Peace and a Friendship may be made between them.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei^a, videlicet, 2^m diem Aprilis, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Order for L. Craven to transport 30 Men to Holland.

Ordered, That the Lord Craven shall have Liberty to entertain and transport Thirty Men, Voluntiers, to recruit his Regiment in Holland, for the Service of The States of the United Provinces there.

Sir John Lenthall&c. togive an Account of the Riot in The King's Bench.

Ordered, That Sir John Lenthall, Knight, and the Sheriff of the County of Surry, shall attend this House on Monday next, and inform the Lords how the Business stands, touching the Riot lately committed in Southwarke, upon the House of the said Sir John Lenthall.

L. Chief Justice to report the Examination concerning the Printers.

Ordered, That the Lord Chief Justice of the King's Bench shall give an Account to this House on Monday next, of the Examinations of the Persons that were brought before him, concerning the printing of the supposed Letter of the Queen; and that the Printer and the Witnesses in that Cause shall attend this House at the same Time.

Answer from the King, concerning the Earl of Warwick's commanding at Sea.

The Lord Keeper acquainted this House, "That he had received a Message from the King, being an Answer to the Desires of both Houses, concerning the Earl of Warwicke to command in chief in this Summer's Fleet; which was read, as followeth:

CHARLES R.

"Right Trusty and Well-beloved Counsellor, We greet you Well. We wondered both at the Form and Matter of that inclosed Paper ye sent Us (in the Name of both Houses of Parliament, in yours of the 28th of March), it being neither by Way of Petition, Declaration, or Letter; and for the Matter, We believe it is the First Time that the Houses of Parliament have taken upon them the Nomination, or Recommendation, of the chief Sea Commander; but it adds to the Wonder, that, Sir John Pennington being appointed by Us for that Service upon the Recommendation of Our Admiral (which is so well known that none can be ignorant of it), and no Fault so much as alledged against him, another should be recommended to Us: Therefore our Resolution upon the Point is, That We will not alter him whom We have already appointed to command this Year's Fleet, whose every-way Sufficiency is so universally known; the which We are confident Our Admiral (if there shall be Occasion) will make most evident (against whose Testimony We suppose Our Parliament will not except); and, though there were yet none appointed, or the said Sir John (through some Accident) not able to perform the Service, yet the Men of that Prosession are so well known to Us (besides many other Reasons) (fn. 2) that (Our Admiral excepted, because of his Place) Recommendations of that Kind would not be acceptable to Us.

"Given at Our Court at Yorke, the last of March, 1642."

Message to the H. C. with the King's Answer.

Ordered, That this Answer shall be communicated to the House of Commons, which was accordingly sent down, by Message, by Sir Robert Rich and Mr. Page; who returned with this Answer: "That they had delivered the Answer to the House of Commons."

The House of Commons being ready for the Conference in the Painted Chamber; this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Message from both Houses to the King, about the E. of Warwick, and the King's Answer to be printed.

Ordered, That the Message of both Houses of Parliament to His Majesty, dated the 18th of March, 1641, "That the Earl of Warwicke might command the Summer's Fleet in chief, under the Lord Admiral," and His Majesty's Answer thereunto, shall be forthwith printed and published.

E. Warwick to be present on Monday.

Ordered, That the Right Honourable the Earl of Warwicke is hereby desired to be present in Parliament, as a Peer of this Realm, on Monday next, being the 4th of this Instant April, at Nine of the Clock in the Morning.

A Message was brought from the House of Commons, by Mr. Hotham:

Message from the H. C. for the Lords to fit a while.

To desire their Lordships would please to sit a while, for the House of Commons shall have Occasion to come up to their Lordships, about some Business of Importance concerning the Commonwealth.

The Answer returned was:

Answer.

That this House will sit a while, as is desired.

Sir Baynham Throckmorton against L. Coventry.

Ordered, That the Cause of Sir Baynham Trockmorton, Baronet, against the Lord Coventry, upon a Petition depending in this House, shall be heard before the Lords Committees for Petitions, on Thursday the 5th of May next, at Two in the Afternoon, in the Painted Chamber; and that the Parties and Witnesses in the said Cause, having Warning, shall attend the Hearing accordingly.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior, which consisted of these Particulars:

Message from H. C. for the E. of Warwick to be Ordered to command the Fleet;

1. To desire their Lordships would please to join with the House of Commons, to require the Lord Admiral to depute the Earl of Warwicke to command this Summer's (fn. 3) Fleet in chief; and that their Lordships would enjoin the Earl of Warwicke forthwith to undertake the Charge, and to put to Sea accordingly.

Ordered, That this House will take this Proposition into Consideration on Monday next.

and for the Lords to join in the following Order.

2. (fn. 4) They desire their Lordships to join with the House of Commons in this Order following: videlicet,

Order for 10000 l. to be paid to Nicholas Loftus, for the Affairs of Ireland.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That John Warner, John Towse, Thomas Andrewes, Aldermen, and Laurance Halsteed, Esquire, appointed by the Act of Parliament lately enacted for Adventurers for raising of Forces for the Wars in Ireland, shall pay and deliver unto Nicholas Loftus, Esquire, Deputy to the Treasurer at War for Ireland, the Sum of Ten Thousand Pounds, of the Monies in their Hands, to be employed for the Service of Ireland; for which this (fn. 3) shall be their sufficient Warrant: And the Adventurers shall have the Public Faith of the Parliament for Re-payment of the same."

Ordered, That this House agrees with the House of Commons in this Order.

The Answer returned to the aforesaid Message was:

Answer to the H. C.

That this House agrees with the House of Commons in the Order now brought up; and concerning the Proposition touching the Earl of Warwicke, this House will take the same into Consideration in convenient Time.

Next, a Petition of the Earl of Suffolke's was read, as followeth:

E. of Suffolk's Petition versus the Heirs of Sir Robert Hitcham, and others, about Lands in Framlingham and Saxsted in Suffolk.

"To the Right Honourable the Lords assembled in Parliament.

"The Petition of James Earl of Suffolke,

"Sheweth,

"That whereas Thomas late Earl of Suffolke, about Anno 13° Jacobi, for a great and valuable Consideration, conveyed, amongst other Things, the Castle of Framlingham, and the Manors of Framlingham and Saxted, and other Manors and Lands, in the County of Suffolk, to the Use of himself and Katheryn his Wife, for Term of their Lives, and after to the Use of Theophilus late Earl of Suff, the Petitioner's late Father, for Term of his Life, and after to the Use of your Petitioner, and the Heirs Male of his Body, with divers Remainders over: And afterwards the said Thomas late Earl of Suff died, about Whitsontide 1626; and, after his Death, your Petitioner's late Father was seised thereof for Term of his Life, by virtue of the Conveyance aforesaid; and, being so seised, the Remainder then being to the Petitioner as aforesaid, there was a Contract made for the Sale thereof to Sir Robert Hitcham, Knight, deceased, at a great Undervalue, in respect of the Statutes aforesaid; and accordingly, by the Advice of the said Sir Robert Hitcham, several Conveyances were made and contrived, of Purpose to bar the said Petitioner of his said Estate, being then about Fourteen Years of Age; and, to that Purpose, Two several Common Recoveries were had in the Court of Common Pleas, the one against one Peter Reade, as Tenant to the Præcipe, and the other against Thomas Bendeston, as Tenant to the Præcipe; in both the same Recoveries the Petitioner was vouched to warranty; and certain Guardians, in either of the said Recoveries, were admitted by Sir John Finch, then Lord Chief Justice of the Common Pleas, and other Judges there, to prosecute for your Petitioner; and by Colour thereof, and of a Privy Seal procured from His Majesty to warrant the Petitioner's Appearance by Guardians and Prochein Amies, the said Recovery passed; whereas, in Truth, the Persons that were admitted to be Guardians for the Petitioner in the said Recoveries, were meer Strangers unto the Petitioner, and never knew of, or attended, or directed, any Prosecution for the same, nor retained any Counsel or Attorney therein, nor knew thereof, but were Persons nominated by the said Sir Robert Hitcham, or by some others, without either their or the Petitioner's Privity; which Recoveries were had to the Use of the said Sir Robert Hitcham, Richard Keeble, Francis Bacon, William Butts, Robert Butts, their Heirs and Assigns for ever; and, for the further barring of the Petitioner, it was invented and contrived, by the said Sir Robert Hitcham and others, that a Writ of Error should be brought, in the Name of the Petitioner, to reverse the said Recoveries had against the said Peter Reade, and that several Pleas and Demurrers should be made in the Name of the Petitioner, which was done accordingly, without the Privity of the Petitioner, and without the Privity or Care of the Persons nominated for his Guardians, and all done to defeat the Petitioner of his Estate and Right, without any Recompence; and, by Colour of the said Recoveries, the said Sir Robert Hitcham entered into the Premises, and enjoyed the same during the Life of the Petitioner's said late Father, and died on or about 15 August 1636; and the Petitioner's Father died on or about 3 Junii 1640; after whose Death, the Premises ought to have remained and come unto your Petitioner, according to his said Estate: But so it is, that the said Richard Keeble, Francis Bacon, William Butts, Robert Butts, and William Revett, as Survivors after the Death of the said Sir Robert Hitcham; and the said Robert Butts, and one Starling, Two Heirs of the said Sir Robert Hitcham, claiming the Trust of the Feoffees to be for them: And the Masters, Fellows, and Scholars of Pembrooke Hall, in Cambridge, claiming the Premises by some Devise made by the said Sir Robert Hitcham in his last Will and Testament, have, ever since the Death of the said Sir Robert Hitcham, taken the Rents, Issues, and Profits of the Premises, and still do detain the same from the Petitioner.

"Now forasmuch as the said Estate, settled upon the Petitioner aforesaid, was upon great and valuable Consideration; and forasmuch as the said Sir Robert Hitcham wrought himself into the said Purchase by the covenous Conveyances aforesaid, and that for an Undervalue, whereof no Part came to the Petitioner or to his Use; and for that the said Privy Seal is no Warrant in Law for the Petitioner's Appearance by Guardians, especially by such Guardians as took no Care of the Petitioner's Estate, but Persons nominated by Collusion, and to defeat the Petitioner of his said Estate; and for that the Justices of the Common Pleas ought not by Law (it appearing to them that the Petitioner was an Infant, and under the Age of One and Twenty Years) to have suffered the Judgements and Recoveries aforesaid to have passed, in the said real Actions, during the Petitioner's Infancy, but to have stayed the same till the Petitioner's Accomplishment of his full Age of One and Twenty Years, at which Time he might have had Cognizance of his Estate, and been able to defend the same: And yet your Lordships Petitioner is debarred, by the Recoveries and Writ of Error, and other Devices (procured and used by the said Sir Robert Hitcham), of his lawful Right and Inheritance.

"May it therefore please your Lordships, upon Examination of the Truth of the Premises (the said Parties claiming Interest therein under the said Sir Robert Hitcham, as Heirs, Trustees, or Devisees, being thereunto called), to take such Course for the Petitioner's Relief in the Premises, as to your Lordships shall seem meet.

"Ja. Suffolke."

Committe to consider of this Petition.

Ordered, That these Lords following are appointed, to consider of this Petition of the Earl of Suffolke, and to draw up a Bill to prevent the like Prejudice in the general, and present the same to this House:

Their Lordships, or any Four, to meet when they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 4^m, diem instantis Aprilis, hora 9^a Aurora, Dominis sic decernentibus.