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 Martis, 24 die Octobris.
These Lords present this Day:
The Lord Grey of Warke, Speaker.
L. Viscount Say & Seale.
Ordered, That the Cause of the Alms-men in Eastham, in Essex, shall be heard on the First Monday after the 12th of November next.
Lord Petre's Steward's Petition that the Estate may not be sequestered.
Upon reading the Petition of Edward White, Steward to the Lord Peters, "who is a Ward, and under a Protestant Tutor at Oxon, and all Pays and Taxes to the Parliament are paid; yet the Committee of Sequestrators in Essex do sequester his Estate, and cut down his Timber, and intend to fetch away his Goods on Thursday next:" Hereupon this House Ordered, To communicate this Petition to the House of Commons; and to desire that the Business may be heard before the Sequestrators of Lords and Commons; and that, in the mean Time, the Goods may not be disturbed or sold, nor any Timber cut down.
Message to the H. C. about it.
Accordingly a Message was (fn. 1) sent down to the House of Commons, by Sir Rob't Rich and Mr. Page.
Abp. of Canterbury's Petition, for Counsel to be assigned him, for Money out of his Estate, and for some of his Papers which are necessary for his Defence, &c. &c.
To the Right Honourable the Lords assembled in the High Court of Parliament.
The humble Petition of Wm. Lord Archbishop of Canterbury,
That he hath received your Lordships Order of October 23, with a Copy of the Articles charged against him, and requiring him to make Answer: Most humbly prayeth, that, according to an Order of that Honourable House, he may have Counsel assigned him; and that Mr. Herne and Mr. Shute may be his Counsel, and have free Liberty to come unto him; and that he may have some Money out of his Estate, to see his Counsel, and defray his other Charges, he having been for this last whole Year very burthensome to his Friends; and further, that he may have all his Papers and Books, most of which belongs to his Defence, which Mr. Prynn took from him by Order from the Lords, delivered unto him, that he may be able to answer for himself; that also he may have Time and Means to send for his Witnesses, which can hardly be done in the Time limited; and that he may have his Servants about him, to send about his necessary Occasions; and lastly, that he may have longer Time, the Articles being large, and many. And he shall ever pray, &c.
The House taking this Petition into Consideration;
Answers to his Requests.
Concerning his Counsel, this House Ordered, That Mr. Herne and Mr. Shute are hereby assigned to be of Counsel with him, for putting in his Answer, and shall have Liberty to come unto him.
Concerning Allowance of Money to see his Counsel, this House recommends the same to the Consideration of the Committee for the Safety.
Concerning his Request for Books and Papers, when he shall deliver in a Note of such Papers and Books as are necessary for his Defence, this House will give further Directions therein.
Concerning his Desire for Witnesses, this House will consider of it when a Day is appointed for his Trial.
Concerning his Desire to have Servants about him, about his Occasions, it is Ordered, That he shall name such Person as he would employ to be his Solicitor; and then this House will consider of it.
And touching longer Time to answer, this House Orders, That he shall have further Time until Monday come Sevennight given him to put in his Answer.
E. of Westmorland's Assessment.
The Earl of Denbigh reported, "That the Committee for Sequestrations desire that their Lordships would take the Desire of the Earl of Westm'land's into their Lordships Consideration, as being most proper for this House:" And his Lordship's Desire being, "That he might be eased in the paying of the Two Thousand Pounds rated by the Lords, for his Proportion for the Twentieth Part of his Personal Estate, according to the Ordinance of Parliament, being, as he conceives, a Proportion far (fn. 2) above his Estate:"
Hereupon this House Ordered,
That the Earls of Denbigh,
The Lord Hunsden, and
The Lord Grey,
Or any Three of them, shall consider of what Course is fit to be taken for easing the Earl of Westm'land herein, and report the same to this House.
Message from the H. C. to apply Part of Justice Berkley's Fine to the Service of the Western Parts;
A Message was brought from the House of Commons, by Mr. Strode and others:
1. To desire that their Lordships would consent, that, in regard of the great Need of Supply to be sent for the Relief of the West Countries, that Ten Thousand Pounds of the First Monies that shall be paid of Justice Berkley's Fine may be employed for the Supply of the Western Counties.
concerning the E. of Middlesex's Assessment;
2. Whereas the Earl of Midd. is assessed One Thousand Pounds for his Twentieth Part of his Estate, according to the Ordinance of Parliament, and his Lordship pleads the Privilege of Parliament; therefore the House of Commons desires their Lordships would please to take the same into Consideration.
Ordered, That this House assesses the Earl of Midd. at One Thousand Pounds for the Twentieth Part of his Estate, according to the Ordinance of Parliament; and the Lord Sheffeild is appointed to signify so much to the Earl of Midd.
and for Mr. Dury to be One of the Assembly.
3. To desire to join with them, in nominating Mr. Dury to be One of the Assembly, in the Place of Dr. Downing, deceased.
The Answer returned was:
That their Lordships have assessed the Earl of Midd. at a Thousand Pounds for the Twentieth Part of his Estate; and concerning the other Particulars of this Message, their Lordships will send an Answer by Messengers of their own.
Securing 40,000 l. for Commodities furnished for Ireland.
Ordered, That these Lords following are appointed to consider of the Ordinance for securing the Forty Thousand Pounds to several Merchants, for Commodities furnished for Ireland; who withdrew presently, and took the same into Consideration.
Report from the Committee concerning Monsieur Du Moulin's Request to visit Mr. Walter Mountague, and his Paper about the Sequestration of Sir Kenelm Digby's Estate.
Upon Report of the Earl of Denbigh, "That the Committee of Lords and Commons have taken the Papers of the French Ambassador's into their Consideration; and concerning M. Du Molin's going to visit Mr. Walter Mountague in The Tower from the Ambassador, the Committee are of Opinion, That he may perform that Civility, so as the Lord Mayor, now Lieutenant of the said Tower, appoint some discreet Person to be present, and hear what passes at their Conference:" To which this House gives their Approbation.
"And touching the Paper concerning Sir Kenelme Digby, the Committees desire some further Time to consider of it."
New Governors of Sutton's Hospital to be chosen in the Room of some Bishops.
The House being this Day informed, from the Master of Sutton's Hospital, "That there were Five Bishops appointed to be of the Number of the Governors of that Hospital; and because that all Bishops, and other Ecclesiastical Persons, are disabled by Act of Parliament to be and sit in any Commission concerning Temporal Affairs, by reason whereof the Business of that Hospital concerning Elections and other Matters are at a Stand, whereby that Foundation receives much Prejudice; and so few of the Governors are in Town, as there are not a Number to meet for the Settlement and Disposing of those Affairs; therefore he desires their Lordships to take the same into Consideration:"
Hereupon this House (fn. 3) thought it fit, and Declared, That the Archbishops and Bishops appointed to be Governors of Sutton's Hospital are uncapable, by Act of Parliament, to hold the said Places; and therefore Ordered, That they be hereby displaced; and that the Master of the said Hospital shall attend the King's Counsel, for drawing up an Ordinance of Parliament, whereby the other Governors shall be directed and required to chuse other fit Persons, in the Rooms and Places of the said Archbishops and Bishops; and the said Ordinance to be presented to this House.
Report concerning the Ordinance for securing 40,000 l. to Mr. Turner &al. for Commodities sent to Ireland.
The Earl of Stamford reported from the Committee, That they have considered of the Ordinance for securing of the Forty Thousand Pounds to Mr. Turner and others, for Monies they have owing to them for Commodities sent to Ireland, wherein the Committees think it fit to make some Alterations therein, which they offer to their Lordships Consideration."
The said Alterations were read; and this House Agreed to the said Ordinance with the Alterations.
Message to the H. C. that the Lords agree to it.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To let them know, that this House agrees with them in the aforesaid Ordinance with the Amendments and Alterations.
House adjourned till 10a, Thursday next.