House of Lords Journal Volume 6: 2 October 1643

Pages 240-242

Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Lunæ, 2 die Octobris.


The Lord Grey of Warke, Speaker.

Lords present:

Comes Lyncolne.
Comes Stamford.
Comes Bollingbrooke.
Comes Denbigh.
Comes Pembrooke.
L. Viscount Say & Seale.
Ds. Wharton.
Ds. Howard of Esc.

De la Barr's Petition, for Leave to carry her Goods abroad.

Upon reading the Petition of Mary D' la Barr; shewing, "That she having a Warrant to transport herself and her Daughters beyond the Seas, yet her Goods were stayed at Gravesende, by the Searcher there; and she now having obtained the Warrant of the Speaker of the House of Commons for the passing of them, (fn. 1) the Petitioner desires the like Order of this House for the same:" Which this House granted accordingly.

Clem. Walker, for Scandal against Lord Say & Seal.

The House being informed, "That, the Messenger of this House having apprehended Mr. Clement Walker, according to the Order of this House, the said Mr. Walker spoke scandalous Words of the Lord Viscount Say & Seale."

Michaell Baker, the Messenger, upon Oath deposed, That when Mr. Walker lighted from his Horse in Holburne, he desired to have Leave to go to his own House; which being denied, he being attached as a Delinquent, he then said, This is my Lord Saye's doing, that I must be kept from my own House by a base beg garly Lord; and that his Sons were Cowards, and he would maintain it with his Blood; and he would bastinado them, if he could find them."

Mr. Walker being present, and his Answer being hereunto demanded; he confessed, he said, "That it was a malicious Prosecution against him by the Lord Say:" And he confessed he said, "That Colonel Nath. Fiennes was a Coward."

And he being asked, "What he meant, in his Book of Answer to Colonel Nath. Fiennes Relation concerning Bristol, by the Expression of these Words, ["Misteries in sending in and out in the Isle of Lundy"]: He said, "He did not mean any Thing concerning the Lord Say; but it was a Rumour in the Country, that some Goods were carried into the Isle of Lundy, by Colonel Fiennes."

Hereupon the House commanded the said Walker and the Witness to withdraw.

And the Lord Viscount Say & Seale desired this House to vindicate his Honour herein; and so he withdrew.

Then the House took the Words of Baker, and his own Confession, and the Expression of the Book, into Consideration.

And concerning the Expression in the Book, this House thought it fit that Mr. Walker shall publicly Declare and Publish in Print, "That he did not mean to reflect upon the Lord Viscount Say & Seale by those Words; and that he is sorry that there is any Expression in his Book which may reflect upon the Lord Say."

And touching the Words spoken concerning the Lord Viscount Say & Seale, the House thought it fit to proceed upon him upon his own Confession, and not upon the single Testimony of Michaell Baker: And this House Agreed, That the Words spoken by him is a great Scandal to the Honour of the Lord Viscount Say, he being (fn. 2) a Peer of this Kingdom; and Adjudged and Awarded, upon the Question,

His Sentence.

"That the said Clement Walker, for this Offence,

1. Shall be fined One Hundred Pounds to the King, to be paid in at Guildhall, London, within Forty Days after this Judgement, to be employed for the Safety of the Kingdom, by the Authority of the Parliament.

"2. That he shall pay to the Lord Viscount Say & Seale, by Way of Damages, the Sum of Five Hundred Pounds.

"3. That he shall make a Submission, here at the Bar, to the Judgement of this House against him.

"4. And that he shall be imprisoned during the Pleasure of this House."

Ordered, That Mr. Walker shall be brought hither To-morrow Morning, to make his Submission to this House, according to the Judgement; and to stand committed to the Prison of The Fleete until the Pleasure of this House be further known.

Message from the H. C. for the Committee for raising Money to go into the City P. M.;

A Message was brought from the House of Commons, by Sir Philip Stapilton and others:

1. To let their Lordships know, that whereas a select Committee of both Houses were appointed this Morning, to go to a Common Council in London, about the providing of Monies for the Army, and the furnishing of the Scotts, but the Committees could not go so early; therefore the House of Commons have appointed their Committee to go to the Common Council this Afternoon; and, if their Lordships shall approve thereof, that their Lordships would please to appoint their Committee to go.

Ordered, That the Committee of this House do go this Afternoon to the Common Council in London.

concerning the Covenant to be taken by the Three Kingdoms;

2. That whereas formerly the House of Commons brought up a Covenant, to be taken by the Three Kingdoms; the House of Commons desire their Lordships would give some Resolution therein, for the taking of it.

and to expedite the Agreement with the Scots.

3. The House of Commons desires that their Lordships will please to give Expedition in the Articles and Agreement with the Scotts.

Ordered, That the Committee of the whole House do meet To-morrow Morning, by Eight of the Clock, in the Painted Chamber, to consider of the Articles with the Scotts, and to appoint a Time for the taking of the Covenant.

The Answer returned to this Message was:


That their Lordships have appointed their Committee to go, with the Committee of the House of Commons, into London, at Two of the Clock this Afternoon; and that their Lordships have appointed a Committee, to take the Scotts Articles into Consideration To-morrow Morning, at which Time the same Committee are to consider of a Time for the Taking of the Covenant.

Message from the H. C. about the Ordinance for a Supply of Wood;

A Message was brought from the House of Commons, by Mr. Serjeant Wyld and others:

1. Whereas their Lordships sent them the Ordinance for cutting of Wood for the Poor, with some Alterations, the House of Commons do agree to them, with some further Alterations and Additions; wherein they desire their Lordships Concurrence. (Here enter it.)

Read, and Agreed to with the Additions as it came now from the House of Commons, and Ordered to be printed.

and with Two more.

2. To desire their Lordships Concurrence in an Ordinance concerning the Children of Christ's Hospital. (Here enter it.)

Agreed to.

3. To desire Concurrence in an Ordinance concerning the Isle of Wight. (Here enter it.)

Agreed to.

Ordinance for a Supply of Wood.

Ordered, That the Committee for the directing the ordering of cutting of Wood for the Poor, according to the Ordinance, shall meet To-morrow in the Afternoon, at Three of the Clock, in the Painted Chamber; and afterwards have Power to adjourn themselves from Time to Time, and what Place they shall think fit.

Message to the H. C. about it.

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

To let them know, that their Lordships have appointed their Committee for ordering the cutting of Wood to meet To-morrow in the Afternoon, at Three of the Clock, in the Painted Chamber; and afterwards have Power to adjourn themselves to such Time and Place as they please; and to desire that their Committee may have the same Power given them.

Answer to their Message.

The Answer returned to the Messengers of the House of Commons was:

That this House agrees to the Ordinance for cutting of Wood, as it is now brought up, with the Additions; and that their Lordships do also agree to the other Two Ordinances now brought up.

Ordinance to free the Revenues of Christ's Hospital, from all Assessments and Fees.

"It is this Day Ordered, by the Lords and Commons in Parliament, That all the Rents and Revenues belonging to Chrisi's Hospital, which are to be paid for the immediate Use and Advantage of the Children of the said Hospital, shall be free from the Ordi nance of the Twentieth and Fifth Part, and from all other Taxes or Charges whatsoever; and they do require all Assessors hereby to take Notice hereof: Provided, That the Tenants who enjoy good and considerable Bargains in their Leases from the said Hospital do claim and enjoy no Freedom, Exemption, or Advantage by this Order."

Ordinance for fortifying the Isle of Wight

"Whereas it is thought fit, by the Lords and Commons now assembled in Parliament, That Serjeant Major Struce, or some other Engineer, shall forthwith repair to the Isle of Weight, to make such Fortifications there as the Deputy Lieutenants of the said Island, or any Two of them, shall agree on, for the Safety of the same; and whereas Care is already taken by the said Houses of Parliament, that Thirty Pieces of Ordnance, (videlicet) Ten Culverins and Twenty Sakers, shall be forthwith sent into the said Island, for the Strength of such Fortifications: Be it now Ordained, by the said Lords and Commons, for defraying the Charges of making and maintaining the said Fortifications, and for the paying the said Serjeant Major, or some other Engineer, and such Commanders, Gunners, and other Soldiers, as are to guard and manage the said Works and Fortifications, That the Collector of the said Island, nominated, or to be nominated, by virtue of the Ordinances for the Weekly Assessments, shall and may issue forth and deliver, by the Warrant and Direction of the Deputy Lieutenants of the said Island, or any Two of them, such and so much Monies as are or shall be remaining in their Hands, collected or raised by virtue of the said Ordinances for the Weekly Assessments, to be employed as aforesaid, by Order and Direction of the said Deputy Lieutenants of the said Island, or any Two of them; and the Deputy Lieutenants of the said Island, or any Two of them, shall hereby have Power and Authority to cause to be cut and felled, out of any of His Majesty's Woods, in The New Forrest, in the County of South'ton, so many Timber Trees as they shall hold fit and requisite to be used for the making of the said Fortifications, provided no Timber fit for Ships be cut; which said Timber is to be brought into the said Island, and to be employed accordingly: And be it further Ordered and Ordained, That a true and perfect Accompt shall be made, in Writing, to be subscribed by the said Collectors, of all such Sums of Money as shall be issued forth by virtue of this present Ordinance, and shall be returned to the Speaker of the Commons House of Parliament, where the said Deputy Lieutenants, and all others observing their Commands and Directions herein, are only to be accountable; and shall be protected, defended, and saved harmless, in whatsoever they shall do in Pursuance of this Ordinance, by the Authority and Power of both Houses of Parliament."


House adjourned till 9 a cras.


  • 1. Origin. and the.
  • 2. Origin. be.