House of Lords Journal Volume 8: 2 December 1646

DIE Mercurii, 2 die Decembris.

PRAYERS, by Mr. Arrowsmyth.

Domini præsentes fuerunt:

Paper from the Admiralty Committee, for Provisions to be prepared for Five Thousand Men for the Summer Fleet.

The Earl of Warwicke reported a Paper from the Committee of the Admiralty and Cinque Ports; which was read, as follows:

"Die Martis, 1 Dec. 1646.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On Consideration of the Season of the Year, and the Conveniency of making timely Provisions for the next Summer's Fleet; this Committee is of Opinion, That it is necessary to give present Order for the speedy preparing of Sea Victuals for Five Thousand Men, to be employed in the said Summer's Fleet; and do order, That Report thereof be made to both Houses of Parliament, that Directions may be given to the Victuallers for providing the same accordingly, if they in their Wisdoms shall so think fit.

"W. Jessop, Secretary."

Ordered, That this House approves of this Report; and that it be sent to the House of Commons, that it may be expedited.

Langham & al. and Lymbery & al.

A Petition of John Lymbrey, &c. was read; desiring, that he may be heard, by his Counsel, before he puts in his Answer to Alderman Langham's Petition."

It is Ordered, That Captain Lymbery shall be heard, by his Counsel, on Saturday next, at Ten of the Clock in the Morning, before the Day of putting in his Answer to Alderman Langham' Petition; and that Alderman Langham shall have a Copy of this Petition, and and have his Counsel here present, if he shall think fit.

Col. Manwaring's Petition, to be Searcher at Sandwich.

Upon reading the Petition of Colonel Randall Manwaringe; desiring, "that the Searcher's Place of Sandwich, now void, may be conferred upon him:"

It is Ordered, That it be recommended to the Committee for the Revenue; and Report thereof to be made to this House.

L. Andover's Composition.

Upon reading the Petition of the Lord Andover: It is Ordered, That he is left to the usual Way as others are to make their Compositions, and suing out of their Pardon.

Committee to consider of the Breaches of the Privileges of this House by the H. C.

Ordered, That the Committee named Yesterday, for to prepare for a Conference with the House of Commons, have hereby Power to send for such Persons as they shall think fit, for giving them the better Information.

Gibbons and Braughton, & al. about the Isle of Axholme.

The Order of the House, of the 28th of January, 1641, was read; and it was desired that the Question might be put, "Whether Charles Braughton and others, sent for as Delinquents, shall have the Benefit of the said Order?

And the Question being put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

Committee to prepare Heads for a Conference on the Ordinances for Sale of Delinquents Estates.

Ordered, That these Lords following shall prepare what is fit to be delivered, at a Conference To-morrow Morning with the House of Commons, about the Ordinances for Delinquents Estates:

Any Three, to meet To-morrow Morning, at Nine a Clock, and to report the same to this House.

Message from the H.C. with Orders.

A Message was brought from the House of Commons, by Mr. Swinfin, &c. who brought up divers Particulars, wherein their Lordships Concurrence is desired.

The Answer returned was:

Answer.

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

Message to them, about the following Particulars.

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

1. To desire their Concurrence in the Ordinance for making Mr. Bankes Minister of Ivy Church, in Kent.

2. To recommend the Lady Burgh's Petition to them.

3. To deliver to them the Report concerning Provisions for the Seamen against the next Year's Guard, and desire it may have Expedition.

Answers from the H. C.

Doctor Aylett and Mr. Hackwell return with this Answer (fn. 1) from the House of Commons:

1. That they agree to the Report for Provisions for Five Thousand Seamen against the next Year.

2. They agree to the Alterations in the Ordinance concerning the Fast. (Here enter it).

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

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

That the House of Commons will give a present Conference, as is desired; and they agree to the Ordinance for Continuance of the Committee for the Admiralty and Cinque Ports. (Here enter it.)

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

Heads for a Conference about Lloyd's Charge against the Earls of Northumberland and Pembroke.

At this Conference, the Speaker is to acquaint the House of Commons, "That they have considered of the Examinations concerning Rich. Lloyd; and to deliver the Vote of this House to them, dated of the 26 Nov. 1646; whereupon their Lordships have appointed a Committee of Lords to meet on Saturday next, in the Afternoon."

The Lords went to the Conference.

Ordinance for the better Observation of the Monthly Fast.

"The Lords and Commons in Parliament assembled, taking Notice of the great Neglect and Prophanation of the Monthly Fast in divers Places of this Kingdom, do, for Prevention thereof in Time to come, Order and Ordain, and be it Ordained by the said Lords and Commons, That all Justices of the Peace, Mayors, Bailiffs, Constables, and other Officers and Ministers whatsoever, in their respective Places, shall put in Execution all Orders and Ordinances of Parliament heretofore made, for the due Observation of the said Monthly Fast; and are hereby authorized and required to use and exercise the same Power, and to inflict Penalties upon the Offenders therein, in such Manner and Form as is limited and appointed by any Statute, Law, Order, or Ordinance whatsoever, now in Force, for the Sanctification of the Lord's-day, or against the Prophanation thereof.

"And for the better Encouragement of all such Persons as have or shall testify their good Affections to the State, by their Readiness in observing and putting in Execution of this and other the Ordinances of this Parliament, and for Prevention of causeless and contentious Suits against them; it is further Ordained, by the said Lords and Commons, That, if any Action, Bill, Plaint, or Suit upon the Case, Trespass, Battery, or false Imprisonment, now be, or hereafter shall be, brought for or concerning any Matter, Cause, or Thing, (fn. 2) done, or to be done hereafter, by any Person or Persons whatsoever, by virtue of any Ordinance of Parliament, or by any Person or Persons in their Aid and Assistance, or by their Commandment, according to any such Ordinance of Parliament, the said Action, Bill, Plaint, or Suit, shall be laid within the County where the Trespass or Fact was or shall be done and committed, and not elsewhere; and that it shall be lawful to and for all and every Person and Persons aforesaid to plead thereunto the general Issue, That he or they are not Guilty; and, for their Justification, to give in Evidence, to the Jury which shall try the same, any Ordinance or Ordinances of Parliament which they or any of them shall produce, by virtue whereof the Fact complained of was done or committed; and that if, upon the Trial of any such Action, Bill, Plaint, or Suit, the Plaintiff or Plaintiffs therein shall not prove to the Jury which shall try the same that the Trespass, Battery, Imprisonment, or other Fact or Cause of his, her, or their said Action, Bill, Plaint, or Suit, was or were had, made, committed, or done, within the County wherein such Action, Bill, Plaint, or Suit, is or shall be laid, that then, in every such Case, the Jury which shall try the same shall find the Defendant or Defendants, in every such Action, Bill, Plaint, or Suit, not guilty, without having Regard or Respect to any Evidence given by the Plaintiff or Plaintiffs therein, touching the Trespass, Battery, Imprisonment, or other Cause for which the same Action, Bill, Plaint, or Suit, is or shall be brought; and if the Verdict shall pass with the Defendant or Defendants in any such Action, Bill, Plaint, or Suit, or the Plaintiff or Plaintiffs therein become nonsuit, or suffer any Discontinuance thereof, that, in every such case, the Justices or Justice, or such other Judge before whom the said Matter shall be tried, shall, by force and virtue of this Ordinance, allow unto the Defendant or Defendants his or their Double Costs which he or they shall have sustained by reason of their wrongful Vexation, in Defence of the said Action or Suit; for which the said Defendant or Defendants shall have Remedy as in other Cases where Costs by the Laws of this Realm are given to the Defendants."

Order for Continuance of the Committee for the Admiralty, &c.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of the Lords and Commons for the Admiralty and Cinque Ports shall be continued for Six Months from the Date hereof, according to the Powers formerly granted unto the said Committee."

Adjourn.

House adjourned till 10^a cras.