DIE Sabbati, videlicet, 2 die Aprilis.
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 Bruce, excused, being sick.|
Lord Seymour, is coming from North'ton
Lord Herbert de Cherbery.
Lord Powis, excused.
Lord Dunsemore, excused, having Leave to be absent.
Lord Mobun, excused, having a Proxy.
Lord Brudnell, excused, having a Proxy.
Lord Pierpointe, Leave to be absent.
Lord Pawlett, excused, being sick.
Lord Fauconbridge, Leave to be absent.
Lord Craven, extra Regnum.
Lord Deincourt, a Proxy.
Lord Montague, excused, having Leave to be absent.
Lord Arundell of Warder, a Proxy.
Lord North, excused.
Lord Pagett, excused.
Lord Evre, a Proxy.
Lord Vaux, extra Regnum.
Lord Stourton, a Proxy.
Lord Dudley, a Proxy.
Lord Dacres, Leave to be absent.
Lord Morley, excused.
Lord Berkcley, a Proxy.
Lord Darcy, Leave to be absent.
Lord Willoughby de Earsby, Leave to be absent.
Lord Abergavenny, a Proxy.
Lord Viscount Stafford, Leave to be absent.
Lord Viscount Campden, Leave to be absent.
Lord Viscount Conway, Leave to be absent.
Lord Viscount Mountague, Leave to be absent.
Earl of St. Albanes, Leave to be absent.
Earl of Thanett, being sick, is excused.
Earl of Chesterfeild, hath a Proxy.
Earl of Newport, excused.
Earl of Carnarvan, hath a Proxy.
Earl of Kingston, hath a Proxy.
Earl of Newcastle, hath Leave to be absent.
Earl Rivers, hath a Proxy.
Earl of Marleborough, extra Regnum.
Earl of Danby, hath a Proxy.
Earl of Mulgrave, hath a Proxy.
Earl of Cleveland, excused.
Earl of Bristoll.
Earl of Denbigh.
Earl of Carlile.
Earl of Cambridge, excused, being sick.
Earl of North'ton.
Earl of Leycester, hath Leave to be absent.
Earl of Bridgewater, hath a Proxy.
Earl of Exon, hath a Proxy.
Earl of Dorsett.
Earl of Suffolke, being sick, is excused.
Earl of Nottingham, hath Leave to be absent.
Earl of South'ton, hath Leave to be absent.
Earl of Huntingdon, hath Leave to be absent.
Earl of Sussex, hath a Proxy.
Earl of Cumberland, is excused for his Absence.
Earl of Rutland, hath a Proxy.
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,
"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
The Names follow:
Sir Robert Strickland, Knight.
||Esquires, to be Deputy Lieutenants for the County of Westm'land.|
Thomas Rolt, Esquire, to be Deputy Lieutenant for the
County of Bedford.
Sir Edward Harrington, of Ridlington,
||To be Deputy Lieutenants for the County of Rutland.|
|Mr. John Osborne, of Thorpe.|
|Mr. Robert Horseman, of Stretton,|
|Mr. Evers Armyn, of Letton,|
|Sir Guy Palmes,
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
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. *) 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.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem
hujus instantis dieia, videlicet, 2m diem Aprilis, hora 3a,
Dominis sic decernentibus.
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
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:
"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. *) 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
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
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:
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
A Message was brought from the House of Commons, by Sir Henry Vane, Junior, which consisted of
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. *) 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. †) 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. *) 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
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
"The Petition of James Earl of Suffolke,
"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
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:
L. Privy Seal.
E. of Bathon.
E. of Pembrooke.
E. of Leycester.
E. of Holland.
E. of Stamford.
E. of Portland.
The Two Chief Justices,
Mr. Justice Crawley, and
Mr. Justice Heath,
|L. Viscount Saye & Seale.
Ds. St. John.
Ds. Howard de Charlt.
Ds. Howard de Estc.
To be Assistants.
Their Lordships, or any Four, to meet when they
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Lunæ,
videlicet, 4m, diem instantis Aprilis, hora 9a Aurora,
Dominis sic decernentibus.