House of Lords Journal Volume 9
23 February 1647

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History of Parliament Trust

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1767-1830

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32, 33, 34

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'House of Lords Journal Volume 9: 23 February 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 32-34. URL: http://british-history.ac.uk/report.aspx?compid=36979 Date accessed: 01 September 2014.


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Contents

DIE Martis, 23 Februarii.
Wisbich Inhabitants Petition. French Ambassador to have Audience. L. Baltimore's Cause about Maryland. Walter & Uxor. His Sequestration taken off; Protest against it. Sir W. Russell & al. and Lenthall & al. Answer from the H. C. Langham and Lymbery. Lane's Trial, for taking Horses for the Use of the Parliament. Ordinance to direct the Judges in Trials at the Assizes, for Matters committed by Persons in Arms. Message from the H. C. with Ordinances, &c. and for Mr. Reynolds to be added to the Irish Committee. Answer. Ld. Lorn; a Pass, to go Abroad. Letter from the Commissioners with the King. Message to the H. C. with the Ordinances for Money for Ireland; and about the French Ambassador's Audience; and the following Particulars. Report to be made of the State of the Forces in Ireland, and what Money has been expended for that Service. Letter to the Commissioners with the King. Ordinance for a Quorum of them to act. Petitions from the City. Writs of Error brought in Thorpe to be instituted tp Pepenbury. E. of Pembr. Leave to come from Holdenby to London, for his Health. Committee for Irish affairs to prosecute the Agreement with the E. of Ormond for Delivery of Dublin, &c . Ld. Lorne to export Horses. Letter from the Lords Commissioners with the King, desiring to be recalled from that Service: Answer to them. Thorpe to be instituted to Pepenbury. Wisbich Inhabitants Petition, for 2000l. disbursed by them for the State; and to be exempted from Assessments, &c. on account of their great Loss by a late Inundation, and former heavy Taxes. Adjourn. Footnotes

DIE Martis, 23 Februarii.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Kente.
Comes Warwicke.
Comes Mulgrave.
Comes Lyncolne.
Comes Nottingham.
Comes Northumb.
Comes Sarum.
Comes Midd.
Comes Suffolke.
Ds. North.
Ds. Dacres.
Ds. Bruce.
Ds. Robertes.
Ds. Howard.
Ds. Hunsdon.
Ds. Maynard.
Ds. De la Ware.
Ds. Willoughby.
Ds. Grey.
Ds. Berkely.

Wisbich Inhabitants Petition.

The Petition of the Inhabitants of the Hundred of Wisbich, in the Isle of Ely, was read; and Ordered to be sent to the House of Commons, with special Recommendations. (Here enter it.)

French Ambassador to have Audience.

The Speaker acquainted the House, "That the Master of the Ceremonies came to him, from the French Ambassador, to signify that it is his Desire that he may have Audience of the Houses; for he hath something to deliver from his Master."

And the House Ordered, To give him Audience on Saturday Morning next.

L. Baltimore's Cause about Maryland.

Ordered, That the Cause of the Lord Baltimore shall be heard this Day Fortnight; and Doctor Walker and Mr. Bradshaw is assigned to be of Counsel with the State and the Merchants, against the Lord Baltimore.

Walter & Uxor.

Upon Report this Day of the Judges, in the Case of Wm. Walter and his Wife, "That they have heard Counsel on both Sides; and the Counsel for the Wise being demanded, "Whether they could produce any Statute, or produce any Authority at Common Law, for allowing of Alimony?" But they could not And it did appear to them, That if a Husband put away his Wife that is a good Wife, and he be cruel to her, the Law hath provided a Remedy; he may be bound to the Peace: And if she takes up any Thing for her necessary Subsistence, as Cloaths, &c. an Action will lie against the Husband."

His Sequestration taken off;

And the Question being put, "Whether the Sequestration of Mr. Walter's Estate shall be taken off, and the Cause dismissed this House?"

It was Resolved in the Affirmative.

Protest against it.

Before the putting of this Question, the Lord North desired Leave to enter his Dissent to this Question, if it were carried against his Vote; and it was granted.

Sir W. Russell & al. and Lenthall & al.

The Judges reported, "That whereas it was referred to them, by the Order of the 4th of July, 1646, to consider, "Whether, in the Case between Francis Lenthall, &c. against Sir Wm. Russell, &c. a Prohibition will lie in the Case, or no?" They have considered of it, and the Judges are divided among themselves; for Four are for a Prohibition, and Two are against it."

Ordered, That there be an Argument made by the Judges in this House, concerning this Business, in Whitson Week next.

Answer from the H. C.

Sir Edward Leech, &c. return with this Answer from the House of Commons:

That they agree in giving the Earl of Pembrooke Leave to come to London for his Health.

(Here enter it.)

To all the rest of the Particulars, they will send an Answer by Messengers of their own.

Langham and Lymbery.

The Judges reported, "That, according to their Lordships Order, they Yesterday met, and heard the Counsel between Alderman Langham, &c. and Captain Lymbery, &c. And the Judges did think that they had agreed upon the Case; and referred it to the Counsel to draw it up, and the Counsel to set their Hands to it. But Lymberie's Counsel this Morning came to them, and told them the Counsel could not agree."

Hereupon this House Ordered, That they shall be attended further by the Counsel on both Sides; and make Report to this House on Saturday Morning next, according to the former Order.

Lane's Trial, for taking Horses for the Use of the Parliament.

"Upon Report of the Judges of Lane's Case, who is indicted at the next Assizes for taking away of Horses, which he did by virtue of Authority of Parliament, being employed under the Earl of Manchester; they are of Opinion, The Trial at Law is not fit to be staid; but when it comes to the Trial, he may plead the Ordinances of Parliament:"

Which this House Ordered accordingly.

Ordinance to direct the Judges in Trials at the Assizes, for Matters committed by Persons in Arms.

Upon Desire of the Judges to receive the Directions of the House, how they shall behave themselves in their Circuits when Persons shall be indicted before them for taking away of Horses, which have been taken away both by Authority of Parliament, and by those that have been in Arms against the Parliament; and that divers Persons will be indicted on both Sides for Criminal Matters which touch Life:

It is Ordered, That these Lords following are appointed to draw up an Ordinance for Directions of the Judges herein, and present the same to this House:

Comes Manchester.
Comes Warwicke.
Comes Lyncolne.
Comes Northumb.
Ds. Robertes.
Ds. De la Ware.
Ds. Willoughby.

Any Three, to meet on Thursday Morning next.

The Judges and the King's Counsel to assist.

Message from the H. C. with Ordinances, &c.

A Message was brought from the House of Commons, by Sir John Clatworthy, &c.

To desire Concurrence in divers Particulars:

1. An Ordinance for Fifteen Thousand Pounds, out of Gouldsmithes Hall, for the Affairs of Ireland.

Agreed to, with Alterations.

2. An Ordinance for Ten Thousand Eight Hundred Seventy-seven Pounds, Fourteen Shillings, and Nine Pence more, for the Service of Ireland.

Agreed to, with Alterations.

3. An Order concerning Dublyn and other Garrisons.

(Here enter it.

Agreed to.)

and for Mr. Reynolds to be added to the Irish Committee.

4. That Mr. Reynolds be added to the Irish Committee.

Laid aside.

5. An Order for Three Hundred Pounds per Annum to Mrs. Mary Chichester, out of the Lord Brudnell's Estate.

6. An Order for the Lord of Lorne to have a Pass, to carry and embark Six Horses beyond the Seas.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Pass for the Lord Lorne's Horses, and to the Order concerning Dublyn and other Garrisons: To all the rest, they will send an Answer by Messengers of their own.

Ld. Lorn; a Pass, to go Abroad.

Ordered, That the Lord of Lorne shall have a Pass; to go beyond the Seas.

Letter from the Commissioners with the King.

A Letter from the Earl of Denbigh and the Lord Mountague was read; and Ordered, That a Letter shall be drawn up in Answer to it, and sent them.

(Here enter it.)

Message to the H. C. with the Ordinances for Money for Ireland;

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Hakewill:

To deliver to them the Ordinance for Fifteen Thousand Pounds for the Assairs of Ireland, and the Ordinance for Ten Thousand Eight Hundred Seventy-seven Pounds, Fourteen Shillings, and Nine Pence, more for the Service of Ireland, with the Alterations, wherein their Concurrence is desired.

2. To put them in Mind of Captain Grigg's Petition.

and about the French Ambassador's Audience; and the following Particulars.

3. To let them know, that this House hath appointed to give Audience to the French Ambassador on Saturday next, in the Morning.

4. To deliver to them the Ordinance for Mr. Bold to be Minister of Hawardine, and desire their Concurrence therein.

5. To deliver to them the Ordinance for Roberts to be Engineer at The Tower, and desire their Concurrence therein.

Report to be made of the State of the Forces in Ireland, and what Money has been expended for that Service.

Ordered, That the Members of this House that are of the Committee for the Affairs of Ireland, sitting in the Star-chamber, shall bring in a Report to this House, what Monies have been expended and issued forth by that Committee for the Affairs of Ireland, and how the State of the Forces of that Kingdom stands.

Letter to the Commissioners with the King.

The Letter to be sent to the Earl of Denbigh and Lord Mountagu was presented to the House, and read; and Ordered to be signed by the Speaker, and sent away.

Ordinance for a Quorum of them to act.

"Whereas some of the Committee of both Houses of Parliament that do attend the King have desired that they may have Liberty to come to London: It is Ordered and Ordained; by the Lords and in Parliament assembled, That Five of the said Committee, whereof Two Lords to be present, shall continue and act according to the Powers already given to the said Committee."

Ordered, That the Concurrence of the House of Commons be desired herein; and if they agree, then to send it inclosed in the Letter.

Petitions from the City.

Ordered, That this House shall take into Consideration the Business of the Petitions of the City of London on Thursday Morning next.

Writs of Error brought in

This Day Mr. Justice Bacon brought in these Writs of Error following:

Inter Vaughan and Hadnett.
Inter Lane and Hadnett.
Inter Wheeler and Hadnett.
Inter Corke and Hall.
Inter Wilkinson and Benson.
Inter Beamont and Blith.
Inter Hunt and Morris.
Inter Briggs and Scott.
Inter Parmacott and Tucker.
Inter Kerwoyne and Eborne.
Inter Campion and Piddington.
Inter Stevens and Sankey.

Thorpe to be instituted tp Pepenbury.

Ordered, That Dr. Aylett shall give Institution and Induction to Edmond Thorpe Clerk, Master of Arts, to the Vicarage of Pepenbury, in the County of Kent, with a salvo Jure cujuscunque; he taking the National League and Covenant; being presented thereunto by the Commissioners of the Great Seal of England.

E. of Pembr. Leave to come from Holdenby to London, for his Health.

"Whereas it is desired by the Earl of Pembrooke and Mountgom'y, that he may have Leave to come to London, for recovering his Health, he being at this Time very ill-disposed in his Health: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Earl of Pembrooke be permitted to come up to London, for the Recovery of his Health, accordingly."

Committee for Irish affairs to prosecute the Agreement with the E. of Ormond for Delivery of Dublin, &c .

"Ordered, by the Lords and Commons assembled in Parliament, That it be referred to the Committee for the Affairs of Ireland at Darby House, to take Care for putting in Execution the Orders and Votes of both Houses concerning the Business of Dublin and other Garrisons, and to prosecute and carry on that Busines."

Ld. Lorne to export Horses.

"Ordered, by the Lords and Commons assemble in Parliament, That Lord Lorne, Son to the Marquis of Argyle, shall have the Warrant of both Houses, to embark at any Port within this Kingdom Six Horses, and to transport them beyond the Seas, Impost and Custom-free."

Letter from the Lords Commissioners with the King, desiring to be recalled from that Service:

"My Lord,

"We have several Times written to your Lordship, to move the House of Peers for our Discharge from this Employment, to which we have as yet received no Answer; but find my Lord of Pembrooke only hath Liberty to return. We repine not at any Favour conferred upon his Lordship; but are confident their Lordships will think it reasonable that we should likewise be eased of the same Burthen: For, the Pretence of my Lord of Pembrook's Want of Health, which was the Ground of their Lordships Indulgence to him, now wholly removed, Thanks be to God, by his Recovery, it would prove a great Weakening to our Proceedings in this great Trust, to find this Knot loosened, which was so fast tied and cemented by both Houses, there being no Quorum in this Committee. We cannot think it the Intention of the House, that we, who in a ready Obedience to their Lordships Commands undertook this Employment in a Time of most Danger and Uncertainty, the Service performed, should be detained longer from our Attendance upon the House, which in this Emergency of Affairs our Honours do call upon us more strictly in that Way to discharge our Duties to their Lordships and the whole Kingdom. This your Lordship will be pleased in all Duty to present to their Lordships, and esteem us,

"My Lord,

Holdenby, the 22th of February, 1646.

"Your Lordship's humble Servants,

"B. Denbigh. Ed. Mountagu."

Answer to them.

"My Lords,

"Your Letter of the 22th Instant hath been communicated to the House of Peers; and they have commanded me to return your Lordships this Answer: That they acknowledge your Lordships Readiness to observe their Commands, and your faithful Services in this last and all other Employments. In regard of the Earl of Pembrook's Indisposition of Health, they have given him Liberty for Fourteen Days to come to London, (fn. *) with an Intention that he shall return again. The like Favour they shall be willing to grant to either of your Lordships, upon his coming back to Holdenby. This is all I have in Command, as

"Your Lordships Servant."

Thorpe to be instituted to Pepenbury.

Ordered, by the Lords in Parliament assembled, That Dr Aylett, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto Edmund Thorpe Clerk, Master of Arts, to the Vicarage of Pepenbury, in the County of Kent, salvo Jure cujuscunque; the said Edmund Thorpe taking the National Covenant, and producing his Presentation thereunto under the Great Seal of England.

Wisbich Inhabitants Petition, for 2000l. disbursed by them for the State; and to be exempted from Assessments, &c. on account of their great Loss by a late Inundation, and former heavy Taxes.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"The humble Petition of the Inhabitants and Land Owners in the Hundred of Wysbich, in the Isle of Ely;

"Sheweth,

"That, in all Rates and Taxes imposed upon the Eastern Association, your Petitioners have paid a Moiety (in Proportion) more than their Neighbour Counties.

"That, notwithstanding this great Disproportion, they voluntarily sent out for the Service of the Parliament, to the full Number of a complete Troop of Horse.

"That they have been, and shall be, ever ready to engage their Lives and poor Remainder of their Fortunes in the Service of the Parliament.

"That it hath pleased God this Winter so to lay His heavy Hand of Affliction upon your Petitioners, by the late Inundation of Waters and tempestuous Winds, that the Waters ran over all their ancient defensive Banks within the said Hundred; that they brake the Banks of Wisbesh, Eline, Upwell, and Outwell, drowned Fourteen Thousand Acres of rich Grounds, washed down and carried away divers Houses, drowned many Cattle, and Stock of Corn and Hay unvaluable.

"That, by Command of superior Authority, your Petitioners with some few others of the said Isle have disbursed above Two Thousand Pounds in the last Reducing of Croyland.

"That many of the Petitioners have more owing to them for that Service, and Quartering of Soldiers, than they be really worth.

"That their Accompts have been audited by Command of the Lords and Commons for the Eastern Association.

"That some of your Petitioners have been threatened with Suits, and others sued, and forced to pay for such Necessaries as they took by Command of Authority for the said Reducing of Croyland.

"They therefore humbly pray, that (the Premises considered) they may be freed and exempted from the Arrears of all Taxes; and that no other may be imposed on them, until it shall please God to restore them to their former Condition; and then that they bear an equal Share with the rest of the Association; and in the Interim, for their present Subsistence, to reimburse them the said Two Thousand Pounds, by such Means as to your Wisdom shall seem most meet.

"And your Petitioners shall ever pray, &c.

"John Hobarle.

Wm. Fisher."

Adjourn.

House adjourned till 9a cras.

Footnotes

* Origin. within.