House of Lords Journal Volume 8: 4 March 1646

DIE Mercurii, 4 die Martu

PRAYERS, by Dr Smith

Comes Manchester, Speaker

Gen Langherne Ordinance

The Earl of Worwicke reported, "That the Com mittee hath considered of the Ordinance concerning Major General Langberne, and they think it fit to pass as it is, without any Alteration"

Hereupon it was read the Third Time, and Agreed to (Here enter it)

Spanish Ambassador's Paper.

Upon reading a Paper of the Spanish Ambassador: It is Ordered, To be referred to the Consideration of the Committee for Foreign Affairs. (Here enter it.)

Assessment of the Peers in the Dutchy Liberty.

The Earl of Northumb' reported from the Committee, the Assessment of the Peers; which was read, as follows:

"An Assessment made by the House of Peers for the Dutchy Liberty, towards the raising of One Hundred Ninety-three Pounds, Thirteen Shillings, and Six Pence, charged upon that Liberty for the Maintenance of the Army under the Command of Sir Tho. Fairefax, for Two Months, beginning the First of December 1645, upon these following; videlicet,

Agreed to.

Paper from the Scots Commissioners, that the Order for paying their Army 1500l. per Month may be made effectual.

The Lord Wharton reported from the Committee of both Kingdoms several Papers; videlicet,

"Whereas both Houses of Parliament have appoynted £.15000 as Parte of £.31000 to be paid Monthly to the Scottish Army before Newarke; we desire that speedy Course may be taken for making the same effectuall, that the Army may in some Measure be inabled to prosecute the Service wherein they are now engaged.

3 March, 1645.

"By Comand of the Commissioners for the Parliament of Scotland.

"Jo. Cheislie."

Ordered, To communicate this to the House of Commons.

Colonel Dulbeir to exercise Martial Law.

Ordered, That an Ordinance shall be drawn up, for giving Power of Martial (fn. 1) Law to Colonel Dalbeir for the Command of the Forces that are to be employed under him, for the reducing of Dunington Castle.

Earl of Carlisle and his Creditors.

Upon reading the Petition of the Creditors of the late Earl of Carlile: It is Ordered, To be referred to the same Committee as formerly was appointed concerning this Business.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer:

They agree to the Ordinance for Martial Law to the Governors of Henly and Reading; and they agree to the Paper concerning The Beccase, and to the giving a Conference concerning the Ordinance touching Mr. Murrey.

To the rest, they will (fn. 2) send an Answer by Messengers of their own.

Conference about trying Mr. Murray.

The Lords went to the Conference with the House of Commons, concerning the Ordinance concerning Martial Law to try Mr. Wm. Murray; which being ended, the House was resumed.

Message from the H. C. to expedite the Ordinance for selling Delinquents Estates;

A Message was brought from the House of Commons, by Sir Peter Wentworth Knight; which consisted of divers Particulars:

1. To desire their Lordships to give Expedition in the Ordinance concerning selling Delinquents Estates.

and with an Answer to the Scots Commissioners, about the Propositions to be sent to the King.

2. To desire their Lordships Concurrence in a Vote made by the House of Commons; vid.

"A Paper from the Scotts Commissioners, of 2 Martii, 1646, desiring to know, whether the Propositions that were delivered to them on Saturday last be all the Propositions that are intended to be now sent to His Majesty, was this Day read.

"And it is Resolved, &c. That, in answer to this Desire, it shall be returned, That these be all the Propositions which are intended to be now sent to His Majesty, except the Proposition concerning Delinquents, with all the Qualifications thereof, and the several Propositions concerning the City of London; which will be speedily dispatched and sent unto them likewise."

Ordered, That this House agrees to this Vote; and that the Members of this House that are of the Committee of both Kingdoms (fn. 3) do communicate the same to the Scotts Commissioners.

The Answer returned was:

Answer.

That [ (fn. 4) this House] agrees to the Vote now brought; and concerning the Ordinance touching the selling (fn. 3) Delinquents Estates, this House will send an Answer by Messengers of their own.

Parishioners of St. Gregory's, and the Committee of St. Paul's, about Materials.

The Certificate of the Aldermen of London was read, concerning the Parish Church of St. Gregorie's; and also the Petition of the Inhabitants of the said Parish was read.

It is Ordered, That these Lords following do call all Parties concerned in this Business before them; and state the Business, and make Report thereof to this House:

Any Five, to meet on Wednesday next come Sevennight, at Three of the Clock in the Afternoon.

Wray's Ordinance.

Ordered, That the Ordinance concerning the Wardship of Sir Christopher Wraye's Son is re-committed to the same Committee as formerly appointed; and the Committee to meet To-morrow Morning; and the Lord Viscount Say & Seale is added to this Committee.

Mrs. Wilson's Ordinance.

The Ordinance for paying Five Pounds to Mrs. Wilson, was read, and Agreed to. (Here enter it.)

Mr. Whitlock's.

The Ordinance for giving Mr. Witlocke the Books of the Lord Littleton, [ (fn. 4) was read,] and Agreed to, with a small Amendment.

Officers of the Court of Wards.

The Ordinance concerning the Officers of the Court of Wards, was read, and Agreed to, with the Alteration.

(Here enter it.)

Letter from Bruges.

Ordered, That the Letter of the Town of Bridges is referred to the Consideration of the Committee for Foreign Affairs.

L. Charbery's Order.

The Order concerning the Lord Carbery was read, and Agreed to. (Here enter it.)

Norton's Petition, about Abuses in Printing.

Upon reading the Petition of Roger Norton Printer, concerning some Abuses in Printing: It is Ordered, That the Matters in the said Petition be referred to the Court of Chancery, to proceed according to the Course of that Court.

Paper from the Spanish Ambassador about the taking of a Ship called The St. Nicholas or St. Peter, belonging to some Inhabitants of Antwerp.

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

"It is reported into your Honours, by Don Alonso De Cardenas, of the Council of His Catholic Majesty, and His Ambassador in England;

"That whereas, by a former Remonstrance presented by his Lordship, touching a Reprizal committed by Captain Plunkett, of a Ship named The St. Nicholas, or St. Peter, and her Lading, which are concerned Subjects of the King his Master, Inhabitants of Andwerpp, in the State of Flanders, was set forth how strangely this Hostility hath been taken there; and his Lordship having lately understood, that, for the authorizing of this Depredation, it is alledged to be done by virtue of Letters of Reprizal, granted by His Majesty of Greate Brittaine, to Gregory Clement and Maurice Thompson, which cannot justify the Faith, in regard they were obtained by sinister Relation, and Pretence that the Quantity of Tobacco was taken from them by a Frigate of Dunkirke, which was condemned by a fierce Sentence and Appeal, according to the Laws and Statutes of Flanders; that the said Tobacco, as his Lordship is informed, was of the worst Sort that cometh to this Kingdom, and of a very small Worth; yet notwithstanding they informed the same to be worth Eighteen Thousand Pounds Sterling, although it could not really amount to One Thousand Pounds, and thereupon they obtained the said Letters of Reprizal without being called, or heard the Spanish Ambassador, in which doth appear the unjust Pretence of the said Clement and Thomson; so that the said Letters ought not in Justice to have been granted, according to the Articles of Peace.

"That, since they obtained the said Letters of Reprizal, will appear to the Parliament to be by them taken Double the Value of their Pretence; surprizing divers Ships, and breaking the Conditions of the said Letters of Reprizal, which are limited with a particular Clause in such Case to be annulled.

"That his Lordship represented to the Parliament's Consideration the ill Quality of this Cause, which is not only in Prejudice of the Articles of Peace, but also prejudicial to the Authority of Parliaments (being that a Ship of War with the Arms of this Crown which ought to protect their Friends and Allies from the just Violence of others), especially when they, under the Faith of Peace and Security, expect it from the Parliament's Ships, and, repairing to them for Protection accordingly, should find by them the greatest Danger, and so fall in the Net of Deceit prepared against them; being not conceived that a Ship of the Parliament's, with a Commission from them, should also carry another of His Majesty's of Greate Brittaine; a Case which both in Spaine and Flanders is conceived very hard, and unworthy to be consented unto by the Parliaments.

"And forasmuch as this Business is of most weighty Importance, not only for the Value of the Lading and Manner of the Depredation, but also for the open Infringements of the Articles of Peace;

"Therefore his Lordship desireth and intreateth the Parliaments, for Satisfaction of the King his Master, and his own, and of the Governor of Flaunders, and of those interested in the said Ship and Lading, that the Business may be treated and examined by the Parliaments, being a Matter of State, which requireth special Consideration; for that the Court of Admiralty is no proper Place to dispute the Public Convenience, and there his Lordship cannot hope to receive Justice herein, or at least it will be with so much Delays not agreeable to what is desired.

"Per Mandam't de sa Ex'ciæ.

"Fard. Bernardi,

"Ag'te de la Ambass."

Petition of Castile & al. Owners and Master of the St. Nicholas alias St. Peter, complaining of their Ship being taken by Captain Plunkett, and of the Commission for Reprisals granted to Clement and Thompson.

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

"The humble Petitions of Michaell Castell, Walrave Lodowick, John Nicholas, and James Stanier, of London, Merchants, on the Behalf of the Goods and Lading of the Ship St. Peter, Master Nicholas Burt;

"Humbly sheweth,

"That whereas Gregory Clement, of London, Merchant, and his Partners or Associates, upon false Suggestions of Losses and Damages sustained by the Subjects of the King of Spaine, to the Value of Eighteen Thousand Six Hundred Pounds, have (fn. 5) obtained from the King's Majesty of England Letters of Mart, or a Commission of Reprizal, bearing Date the 4th of April, 1637, (fn. 6) to take the Ships and Goods of the said King of Spaine, or any of His Subjects whatsoever, upon the open Seas; by virtue of which Commission, the said Gregory Clement and Partners have, within a little Time after the Date of the said Commission, taken divers Ships, Goods, and Merchandizes, belonging to the Subjects of the King of Spaine, by far surmounting the Value of any Loss or Damage by them sustained: And whereas the King, by His Proclamation, bearing Date the 19th of October, 1644, hath been pleased to repeal and make void all Letters of Mart and Reprizal granted before the First of July, 1642, and in particular the Commission of Reprizal granted to the said Gregory Clement and Partners, as having already received full Satisfaction for their Losses:

"Notwithstanding the Premises, the said Clement and Partners, after the said Repeal and making void of their Commission, not having yet renewed or confirmed by Authority of both or either Houses of Parliament (as far as your Petitioners could ever learn), have presumed, in an unwarranted and hostile Way, to seize upon the Ships, Goods, and Merchandizes of your Petitioners, being Subjects of the King of Spaine and of the Free Republic of Hamburge, both in League and Amity with the Parliament of England; and in particular have, in the Month of November last past, seized and taken at Sea the good Ship named The St. Nicholas, alias St. Peter, of Hamburge, whereof is Master Nicholas Birt of Hamburgh, of the Burthen of about Three Hundred Ton, and laden with Linen Cloth, and divers other Goods and Merchandizes, about the Value of Twenty Thousand Pounds and upwards, by a Man of War named The Discovery, set out in the Parliament's Service, whereof one Captain Plunkett is Captain; and albeit the said Captain Plunkett have a Commission by Authority of both Houses of Parliament to seize and take all such as are in Enmity with the Parliament, or such as trade and traffic with the Enemies, or in such Ports and Harbours as are in Hostility against the Parliament, yet the said Captain Plunkett, bearing the Parliament Colours at Sea, and carrying himself as Friend to those who are Friends to the Parliament, hath fraudulently, and in the Name of the said Clement and Partners, seized upon the Ship and Goods and Merchandizes of your Petitioners, Friends to the Parliament, by virtue and Authority of a Commission from the King, who is in Hostility against the Parliament.

"And whereas the [ (fn. 7) said Clement and Partners are bound, by their said] Commission, granted them by the King in April, 1637, to bring all Prizes so taken into some Port of the Kingdom of England, together with Three or Four of the said Ships (fn. 8) Crew of the said Prize, whereof the Master and Pilot to be Two, as also to bring into the Registry of the High Court of Admiralty of England the Bills of Lading, Cockets, Letters, and other Documents, found aboard of such said Prizes; and to keep in Safety such said Ships and Goods so taken, and not break Bulk, sell, spoil, waste, or diminish the same, or any Part thereof, until Judgement have first passed in the High Court of Admiralty of England, that the said Ship and Goods are lawful Prize; or else the said Commission to be void and of none Effect: And whereas the said Captain Plunkett hath, contrary to the Conditions of the said Commission, carried your Petitioners Ship and Goods so taken, as abovesaid into the Port of Kingsale, or some other Port of Ireland, in or about the Month of November last, and there hath broken Bulk, sold, 'bezzled, or diminished the Goods and Merchandizes of the said Ship so taken, without sending up any of the said Ship's Company to be examined here by the Judge of the Admiralty, or bringing in any Letters, Cockets, Bills of Lading, or other Documents, into the Registry of the Court of Admiralty, according to their Bond:

"Your [ (fn. 9) Petitioners humbly pray] this Honourable House, that the seizing and taking of the said Ship and Goods by the said Captain Plunkett, by virtue of the said pretended Commission granted to Gregory Clement and Partners by the King; and since repealed, may, by Authority of Parliament, according to the Purport of the said Commission itself, be declared to all Purposes to be void, as well to the Takers as all others that shall buy or meddle with the said Ship or Goods, or any Part thereof; and that such further Reparations may be made for Costs and Damages unto your Petitioners, by the said Clement and Partners, as this Honourable House in their Wisdom and Justice shall think fit.

"And your Petitioners shall ever pray, &c."

"Michael Castile.
Waldrave Lodwick.
John Nicholas.
James Staneire."

Order for General Langherne to have Mr. Barlow's Estate in Pembrokeshire.

"The Lords and Commons assembled in Parliament, taking into their serious Consideration the many great and faithful Services of Rowland Langherne Esquire, Major General of the Counties of Pembrooke, Carmarthen, and Cardigan, do Order and Ordain, and it is hereby Ordered and Ordained, That all and every the Manors, Messuages, Lands, Tenements, Hereditaments, Rents, Franchizes, Possessions, and Estates Real and Personal whatsoever, with their and every of their Appurtenances, of or belonging to John Barloe, of Slebage, in the County of Pembrooke, Esquire, situate, lying, and being, in any Place or Places within the said County, shall be, and are by Authority of this present Ordinance, granted and settled upon the said Rowland Langherne and his Heirs, to have, hold, and enjoy, the said Manors, Lands, and Premises, with their and every of their Appurtenances, unto the said Rowland Langherne, his Heirs and Assigns for ever; saving to all Person and Persons, Bodies Politic and Corporate (other than the said John Barloe and his Heirs, and such as shall claim under him by virtue of any Deed or Act made or done since the Twentieth Day of May, in the Year of our Lord, and other than such as have or claim any Estate to his Use, or to the Use of any other that hath been or shall be in Arms against the Parliament), all such Right; Title, and Interest, in and to the Premises, or any Part thereof, as they or any of them had in the same the said 20th Day of May, in the Year of our Lord 1642; any Thing in this Ordinance contained to the contrary notwithstanding: And further, it is hereby Ordained and Declared, That the Committees for Sequestrations for the said County of Pembrooke, and every of them, and all other Committees and Persons whatsoever; employed by Authority from either or both Houses of Parliament, do, immediately upon the Sight hereof, quietly permit and suffer the said Rowland Langherne, his Heirs and Assigns, to enter into and upon all and every Part and Parcel of the said Lands and Estate hereby granted as aforesaid, and to have, hold, and enjoy the same, and to receive all Rents; Issues, and Profits, from Time to Time arising, payable, or accruing, out of the said Premises; and to retain the same to and for the only Use, Benefit, and Behoof, of him the said Rowland Langherne, his Heirs and Assigns, according to the true Meaning of this present Ordinance, without any Accompt or other Thing to be rendered, made, or done, for or by reason of the same; any former or other Order or Ordinance of both or either of the Houses of Parliament for Sequestration, or otherwise, to the contrary in any Wife notwithstanding: And His Majesty's Attorney or Solicitor General for the Time being are hereby authorized and required, upon the Desire of the said Rowland Langherne, his Heirs or Assigns, to prepare a Bill, in usual Form, containing a Grant of the Premises unto the said Rowland Langherne and his Heirs, according to the Tenor of this Ordinance, with such further Clauses and Non Obstantes as may be necessary for the Security of the said Rowland Langherne and his Heirs in the Premises; which Grant, so prepared, the Commissioners of the Great Seal are to pass under the said Great Seal, in usual Form, accordingly; for which, this present Ordinance, or the Duplicate thereof, shall be their sufficient Warrant."

Order for 5l. for Wilson's Burial.

" (fn. 10) It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith pay unto Joane Wilson, the Relict of James Wilson, or her Assigns, the Sum of Five Pounds, upon Accompt of what was due unto the said James Wilson for his Entertainment in the Service of the Parliament to be employed for his Burial."

Order for an Allowance to the Officers of the Court of Wards, on its being abolished.

"Ordered, by the Lords and Commons in Parliament assembled, That, upon the taking away the Court of Wards and Liveries, competent Satisfaction shall be given to the Master of the said Court, and such other Officers there, or elsewhere, depending upon Tenures, as have adhered to the Parliament, in Lieu of their Offices, and the Profits which they respectively had thereby, and in such Sort as both Houses of Parliament shall think fit."

Order for remitting L. Carbery's Crimes, in reference to his Military Employment.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That in regard of Major General Langherne's Engagement to my Lord of Carbery, intimated in his Letter of the 18th of November last to the Speaker of the House of Com mons, that the Crimes of my Lord Carbery relating to his Military Employments be remitted."

Order for the Governors of Henley and Reading, to exercise Martial Law.

"It is Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That Colonel Purbeck Temple Governor of Henly and West Wickham, and Colonel John Barkstead Governor of Reading, and either of them, calling in unto them Field Officers and others according to the Course of War, shall have Power, and are hereby authorized, to execute Martial Law, in their several Garrisons aforesaid respectively, according to the Articles of War published by the Earl of Essex, and now used in the Army under the Command of Sir Thomas Fairefax.

"Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any of the Peers of this Realm, or the Members of the House of Commons, or to any Assistant or Officer of the House of Peers, or Officers of the House of Commons."

Adjourn.

House adjourned till 9^a cras.