House of Lords Journal Volume 6: 12 July 1643

DIE Mercurii, 12 die Julii.

PRAYERS.

Earl of Manchester, Speaker.

Answer from the H.C. about Justice Berkley's Trial, and Sir W. San Ravy.

Sir Rob't Rich and Mr. Page return with this Answer:

That they have delivered their Message to the House of Commons, concerning the Trial of Mr. Justice Berkley To-morrow; and touching Sir Wm. San Ravy, (fn. 1) they will send an Answer by Messengers of their own.

Butler removed to Newgate.

Ordered, That Butler, a Prisoner in The New Prison, shall be removed to Newgate.

Founteny to be removed to an airy Prison.

Ordered, That it be recommended to the Lord Mayor of London, "That Monsieur Founteny be removed out of the Prison where now he is, into some Prison where he may have better Air for his Health."

Message from the H. C. that they can't join in Sir W. San Ravy's Pass;

A Message was brought from the House of Commons, by Sir Christopher Yelverton:

To let their Lordships know the Reasons why they cannot agree with their Lordships in granting a Pass to Sir Wm. San Ravy to go into France; the Reason is, because they have received Information that he is in actual War against the Parliament, and with his own Hands hath plundered divers Persons of good Quality; and that, upon these Grounds, they have Ordered that his Person shall be apprehended.

to secure the Countess of Banbury;

2. The House of Commons desire that the Person of the Countess of Banbury may be secured, because they have Grounds of Jealousy to desire it.

and with Two Orders.

3. They desire their Lordships Concurrence in Two Orders:

1. Concerning the raising of Forces in Holland, in the County of Lyncolne.

Read, and Agreed to.

2. Concerning the making of Mr. White Clerk of the Assize of Oxfordshire, &c. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That their Lordships do agree to the Two Orders now brought; and touching the securing of the Countess of Banbury, their Lordships will send an Answer, by Messengers of their own, speedily.

Ordinance for the Excise.

The Ordinance for the Excise was read, and referred to the Consideration of these Lords following, who are to report the same to this House:

Their Lordships, or any Five, to meet To-morrow in the Afternoon, at Three a Clock; and all Petitions concerning this Business are hereby referred to their Consideration.

Message from the H. C. to expedite Sir Peter Ricault's Ordinance.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To desire their Lordships to expedite the Ordinance concerning Sir Peter Riccaut.

and with an Order.

2. To desire Concurrence in an Order touching the confirming of the Chief Butlerage upon Sir Wm. Waller. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

Their Lordships do Agree to this Order now brought up, concerning Sir Wm. Waller; and that their Lordships will send them a speedy Answer touching the Ordinance concerning Sir Peter Riccaut.

Message from the H. C. with an Ordinance.

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

To desire Concurrence in an Ordinance for the Encouragement of Adventurers for new Subscriptions for Ireland.

The Answer returned was:

Answer.

That their Lordships will take this Ordinance into Consideration, and return an Answer by Messengers of their own.

Message from thence, with an Ordinance.

A Message was brought from the House of Commons, by Mr. Serjeant Wylde, &c.

To desire their Lordships Concurrence in an Ordinance for to explain divers Particulars in the Ordinance touching Sequestrations.

to expedite the One for the Excise.

2. To desire Expedition in the Ordinance touching the Excise.

The Answer returned was:

Answer.

That their Lordships will take the Ordinance now brought into Consideration, and return an Answer by Messengers of their own; and touching the Ordinance for Excise, their Lordships are now in Consideration of it.

Countess of Banbury not to be secured.

Next, the House took into Consideration the Desires of the House of Commons, for securing the Countess of Banbury; and the Opinion of the House (fn. 2) is, "That she nor none others ought to be secured; it being a Kind of Imprisonment, upon a bare Suspicion and Jealousies, no Charge nor Accusation being before their Lordships against them:" Therefore the House Resolved, To have a Conference with the House of Commons; and let them know, that their Lordships do not think it fit to secure the Person of the Countess of Banbury upon a Suspicion and Jealousy; and to acquaint them, that their Lordships have granted her a Pass, to go out of England, beyond the Seas, to her Husband, and she is ready to go.

Message to the H. C. for a Conference about her; and for Cheveny to export Lead to France; Duty-free.

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

To desire a Conference, touching the Countess of Banbury; and to desire the House of Commons to join with this House, in the Order to permit Monsieur Cheveny to transport into France Three Hundred Fodder of Lead, Custom-free, for his own Occasions:

The Answer returned was:

Answer.

That the House of Commons are now in Debate of Business of great Importance; but will send an Answer by Messengers of their own.

Order for raising Forces in Holland in Lincolnshire:

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Sir Edward Hartopp Baronet, Sir Thomas Trolope Baronet, Thomas Ayloff, William Lockton, Norris Cave, Mountague Cholmely, Thomas Lyster, John Harrington, Thomas Ogle of Money-Bridge, Humphry Walcopp, Esquires, Richard Westland, Samuell Cust, Edward Tilson, Wm: Bury, John Wincopp, William Hobson Senior, Edward Skipwith, Thomas Midlecott, Thomas Welby, Tho. Hall, John Browne, John Wilsby, William Dowman, Leonard Browne, Charles Empson, Ruben Parke, Richard Parke, Edmond Hobson, James Trolope, Thomas Eastcourt, Martin Johnson, Wyatt Parkins, and John Tilson, Gentlemen; which said Persons, together with the Committeee formerly appointed for the County of Lincolne, shall be a Committee intrusted for the raising, arming, and paying, of Five Hundred Men, within the Wapentakes of Kirton and Elloe, in the Parts of Holland, in the County of Lincolne; and hereby shall have Power and Authority, within the Wapentakes aforesaid, to put in Execution all and every the Ordinances, Orders, and Instructions, of One or both Houses of Parliament, for the said County of Lincolne; and that the said Persons nominated as abovesaid, or any Six or more of them, from Time to Time, shall have Power to meet and assemble themselves, at Spalding, or what other Place or Places shall be by them thought fit, within the said Wapentakes, or other Parts of Holland, to consider of and settle those Parts in Safety; and for that Purpose also shall have Power to make Works, cut such Banks, turn such Waters, and arm such Men, within the said Wapentakes of Kirton and Elloe, and put the same under such Command and Commanders, with the Consent of the Committee of Lincolne, as they shall find to be most convenient and necessary, and the same to regulate and order from Time to Time; as likewise, according to former Orders and Directions of Parliament, to raise Monies for making the said Works, arming Men, and continuing them in Pay so long as shall be found requisite, for the Preservation of those and the adjacent Parts in Peace and Safety, within the said Wapentakes of Kirton and Elloe aforesaid; and lastly, the said Persons before nominated are hereby Ordered to be from Time to Time attendant upon the said Service, and to take special Care the Business be carried on with all Indifferency and Equality; and that they, from Time to Time, as Occasion shall require, certify the Committee at Lincolne of all their Proceedings and Actions; provided that the said Two Wapentakes of Kirton and Elloe be not hereby exempted from any Public Tax or Charge toward the Maintenance of the Garrison at Lincolne, according to their Proportions; but shall, with the rest of that County, in a proportionable Manner, contribute to the same."

Ordinance for White to be Clerk of Assize on the Oxford Circuit.

"The Lords and Commons in Parliament assembled, being informed, that, by Death of George Cradocke Esquire, late Clerk of Assize for the Counties of Berks, Oxford, Gloucester, Worcester, Hereford, Sa lopp, Stafford, and Monmouth, the Records and Writings late in his Custody belonging to the said Counties (being of great Concernment in Regard of the Lives and Estates of His Majesty's Subjects in the aforesaid Counties) are in great Danger to be lost or embezzled, they being dispersed in several Places, no Person having them in particular Charge: The said Lords and Commons, therefore, upon the assured Trust and Confidence which they have and do repose in the Abilities and Fidelity of William White Esquire, do Ordain and Declare, That the said William White shall and may, from henceforth, have, hold, and execute, and enjoy, the Place and Office of Clerk of Assize, in the said several Counties of Berks, Oxford, Glouc. Worcester, Hereford, Salop, Stafford, and Monmouth; and that he, the said William White, shall and may have, receive, perceive, and take to his own Use, the due and accustomed Fees and Profits belonging to the said Office: And the said Lords and Commons do further Ordain and Appoint, That all and every Person and Persons, who hath or have, in his or their Hands or Custodies, any Records or Writings belonging to the said Counties, or any of them, and which usually have been, or ought to be, in the Custody of the Clerk of Assize of the said Counties, or any of them, do and shall forthwith, upon Notice, deliver the same, or cause them to be delivered, unto the aforesaid William White, or unto such Person or Persons as he shall nominate and appoint for that Purpose."

Order confirming the Chief Butlerage on Sir William Waller.

"Whereas our late Sovereign Lord King James, by His Letters Patents, bearing Date at Westm. the Twenty-first Day of September, in the Fifth Year of His Reign over England, &c. did grant to Sir Thomas Waller Knight, deceased, and to Sir Francis Barnham Knight, and to George Chewte Esquire, now Knight, and to Sir Francis Fane Knight, deceased, and to every of them successively one after the other, in such Order as they were in the said Letters Patents, and herein also are mentioned, the Office of Chief Butler of the Kingdom of England and Wales respectively of Him and His Successors; to have, hold, and exercise, the said Office, and to take and receive the said Fees and Rewards, with the Appurtenances, to the said Sir Thomas Waller, by him or his Deputies, during his Natural Life; and, after his Death, or Surrender, or Forfeiture of his Estate, then to have, and to hold, exercise, and receive the same, to the said Sir Francis Barneham, for and during his Natural Life; and, after his Decease, then successively to the said beforenamed Persons, as in and by the said Letters Patents is more particularly expressed: And His said late Majesty, by His said Letters, did further give and grant to the said Sir Thomas Waller, Sir Francis Barneham, George Chewte, and Sir Francis Fane, successively, as aforesaid, all Fees, Profits, and Rights, to the said Office belonging, and the several Fees of Fifty Marks and One Hundred Marks, as in the said Letters Patents is particularly expressed: And whereas, the said Sir Thomas Waller being dead, and the said Sir Francis Barneham by his Death interested and seised of the said Office and Premises by virtue of the said Letters Patents; yet divers Persons have of late Time refused to pay the said ancient Duties and Customs of Prizage to the said Sir Francis Barneham, and his Deputies and Assignees, pretending that the same are not due, or at least that the Payment of the same is countermanded by some Ordinance of One or both Houses of Parliament, whereby not only the said Sir Francis Barneham (fn. 3), but to the Prejudice of the Farmers of the same Duties of Butlerage and Prizage granted by His Majesty to the Lady Anne Waller, by Letters Patents bearing Date the Eighteenth Day of September, in the Fifth Year of our said late Sovereign Lord King James, for Ninety-nine Years, determinable on the Deaths of the Lady Margarett Waller and Sir William Waller, the Residue of which Term is now come unto and vested in Sir William Waller Knight; and which also were granted, with certain Exceptions, to Sir Thomas Waller Knight, Father of the said Sir William, for Forty Years, to commence at the Surrender, for Forfeiture, Determination, or Expiration, of the said Term of Forty Years, as by Indenture under the Great Seal of England, bearing Date the Twentysixth Day of June, in the Ninth Year of the Reign of King James, over England, &c. appeareth; the Interest of which said Term last mentioned is also come unto the said Sir William Waller: The Lords and Commons taking the Premises into their due Consideration, and that the said Office is an ancient and legal Office, and that the Customs of Prizage and Butlerage are ancient and legal Duties; and holding it not just that the said Officers and Farmers should be prejudiced, but that the several and respective Interests granted as aforesaid be quietly and duly enjoyed, according to the Purport of the said Letters Patents and Indenture, do therefore Declare and Ordain, That the said Office be quietly held and enjoyed by the said Sir Francis Barneham, and George Chewte after him, and by their respective Deputies and Assigns; and that the said Fees, and every other Rights, to the said Sir Francis Barneham and George Chewte granted by the said Letters Patents, be had, paid, taken, and received, to and by the said Sir Francis Barneham and George Chewte, their Deputies and Assigns respectively; and that the said Sir William Waller, and his Deputies, Tenants, and Assigns, shall and may have, hold, and enjoy, the said Duties of Butlerage and Prizage, granted by the said respective Patents and Indenture, according to the Purport and true Meaning thereof, during the several Terms therein and thereby granted, any Ordinance of both or either House of Parliament notwithstanding; and all Merchants and other Persons, whom it may concern, are hereby enjoined to make Payment of the said Duties of Prizage and Butlerage, and Fees accordingly: And the said Lords and Commons do further Ordain and Declare, That, if any Merchant or other Person shall deny to pay the said respective Duties to the said Sir Francis Barneham and George Chewte, their Deputies and Assigns, and to the said Sir William Waller, his Tenants, Deputies, and Assigns, respectively; or them, or any of them, shall hinder or molest in the quiet Collection or Receiving of the same, the Lords and Commons, upon Complaint thereof, will give such Remedy to the said Sir Francis Barneham and George Chewte, their Deputies and Assigns, and to the said Sir William Waller, his Tenants and Assigns, as to Justice shall appertain."

Adjourn.

House adjourned till 10 ^a cras.