Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 18 die Januarii.
Answer from the H. C.
(fn. 1) That they agree to the Answer to The States Ambassadors; and that it be delivered to them from both Houses, by Two Lords and Four Commoners; and concerning the Ordinance . . ching the Court of Wards, they will return an Answer by . . sengers of their own.
Committee to deliver the Answer to The States Ambassadors.
Countess Rivers's Petition, for Records of the Attainder of the Earl of Somerset, concerning some Lands she is entitled to under that Attainder.
Upon reading the Petition of Eliz. Countess R . . . . . . . ng, "That she is entitled to divers Manors, Lands, and T . . . . . . . . . . . . . nty of Essex, under the Attainder of Robert Earl . . . . . . . . . . . at of late some Pretence of Title is made, by the said . . . . . . . . . . lour thereof, a Distress hath been taken upon some Part . . . . . . . . . . . . . . . Suit is now depending in the Court of King's Bench, wh . . . . . . . . . . . . ty for the Petitioner to have a Copy of the Record . . . . . . . . . . . . . . . . . . . . maining in the Treasury of the Court of King's Be . . . . . . . . . . cords of Attainders being called the King's Secrets there . . . . . . . . . . . . . . erself in the said Suit: That the Petitioner coming to the Clerk of the Pleas for the Crown of the said Court of King's (fn. 2) Bench, commonly called The Crown Office, to have a Copy of the said Record; the Clerks alledge, that the same, with divers Records of like Nature, are in the Treasury, locked up under Two Locks, whereof One Key is with the Attorney General, and the other remaining in the said Office; and that, without an Order of Parliament in that Behalf, they dare not break open the Lock whereof they have not the Key, whereby to have Access to the said Records, or make any authentical Copy thereof, nor produce the same if it should be put in Issue, whether such a Record or no.
The Resolution of the House to be suspended until Monday next; and then Mr. Justice Bacon to (fn. 3) give an Account thereof to this House.
Mons. De La Salle's Petition, for Letters to him from France, which are detained.
Upon reading the Petition of Monsieur De Sall; complaining, "That he hath a Packet of Letters stayed and detained from (fn. 2) him, which came out of France; and the keeping of the Letters from him is a Business of very great Inconveniency to him:" Hereupon this House Ordered, That the said Packet of Letters be brought, and delivered to the Clerk of the Parliament; and then this House will give further Directions herein: And it is further (fn. 2) Ordered, That the Clerk of the Parliament shall open the Packets; and if any be directed to the Lord Bruce, he shall deliver them.
Petition of the Inhabitants of Watton, for Mr. Wells to be their Minister.
Upon reading the Petition of the Inhabitants of Watton, in the County of Hertfordshire; shewing, "That whereas one Mr. Inglesby, who for his Malignancy was sequestered from the said Living by Judgement of this House; and one Mr. Wells, an able and orthodox Divine, was put in by Way of Sequestration, to supply the said Place; the said Mr. Inglesby being now dead, they desire that the said Mr. Wells may be presented to be their Minister."
Papers from the French Minister.
Next, Four Papers were read, presented to this House from the French Agent. (Here enter them.) And it is Ordered, to communicate them to the House of Commons, and desire their Concurrence, the Consideration thereof may be referred to the Committee that treats with The States Ambassadors; and the said Committee to have Power to call such Persons (fn. 4) before them as they conceive fit to give true Information touching the Particulars, and report to the House what they think fit to (fn. 2) be given by Way of Answer to them.
Message to the H. C. to refer them to Committees; and to refer the Report concerning The States Ambassadors to the Committee of both Kingdoms.
To deliver to them the Papers read this Day, concerning the Complaints of the French Resident; and to desire their Concurrence, that the Consideration of the Four Papers may be referred to the Committee that treated with The States Ambassadors; and to have Power to send for such Persons as they think fittest to give them Information concerning the Particulars, and to make Report thereof to this House.
2. To desire their Concurrence, that the Report made from the Committee that treated with The States Ambassadors, concerning Free Trade with Foreign States, may be referred to the Consideration of the Committee of both Kingdoms, and make Report thereof to the Houses.
Paper from the French Minister, concerning the Difficulties and Obstructions he has met with, in endeavouring a Mediation between the King and the Two Houses; complaining of the Acts of Hostility in seizing the French Ships; and desiring Justice to be done to the D. D Espernon and Mons. De La Salle.
"Seeing the Difficulties, which from you the Master of your Ceremonies shewed unto me (still greater, and no where used) have of late bereaved me of the Means (as formerly) to present myself Personally before you, in the Name of the King my Master, as it becomes His Greatness, so that I cannot come to execute His Orders, about His good Intentions, and the Complaints of His Subjects against the Disorders of the Sea, except I do it in Writing; therefore, to satisfy both Sides, I will tell you,
"That, at my Departure out of France, Their most Christian Majesties commanded me, First, to shew my Duties to the King of Greate Brittaine, assure Him of their constant Affections, and to take Knowledge how He stood affected to the Peace, to exhort Him to it, and so by all possible Means to stop the Course of Desolation of His People; and, to the same End, to offer their Mediation, and most affectionate Endeavours, agreeable to their Neighbourhood, near and ancient Alliance; and, as soon as I should be come back to London, to salute in Their Name you also, my Lords, and use all Offices with you, inviting you to an Atonement of Hearts and Minds with His Majesty of Greate Brittaine, whose Interests Their Majesties do judge so much tied to that of His Parliament, as that it is inseparable; whereby, being atoned for the Re-establishment of the Peace, you might save this whole Estate from the Mischance of a War, thereof the Accidents can rather cause a Lingering and Lasting than an End; and therefore to offer you the Cares and sincere Mediations, which (fn. 5) Their Majesties are ready to yield, as well for the Interests and Neighbourhood they have in your Fortunes, as for the Good and general Quietness of His Crown.
"The King of Greate Brittaine then, well satisfied with the Office, did shew a very earnest Disposition to whatsoever might serve to restore a good Confidence, assure the Liberty and Privilege of the Parliament, the Laws and Customs, and ease His People; and gave me, to be by me presented unto you, in Writing, all what might get Credit of His good Intention, as at Length you have seen, by the Copy His Majesty sent unto you, being informed that I could find no Disposition in His Parliament fruitfully to receive what His Majesty had intrusted me with; to which, by the King my Master's Order, I was to add His own Instances, with a Letter I had from Him: But the Impediments I found to deliver the same, and to have Audience in the Name of both the Kings, did inforce me to send back to His Majesty His Letter, and to restore to the King of Greate Brittaine also His, with the Reasons and Hindrances for which I could not deliver them to His Parliament; even then I did believe the Difficulties did proceed from an Intention to give Ear to no Mediation, before the Propositions were sent to His Majesty.
"But now, since it is done, and His Majesty of Greate Brittaine seeks out all Means to satisfy both Parties, and to free all Minds from Diffidence, and to end all the Miseries; therefore, my Lords, to perform my Duty here, and to obey the Orders of Their most Christian Majesties, to make Use of all Occasions to advance the Service of both Sides, I will not lose that which Their intended Conference offers, but rather in Their Names in vite you, to contribute as much on your Side, as the King of Greate Britaine doth on His, for a true Re-union, by which His People may look for an End of these Calamities; and so to contribute to the Quietness of these Kingdoms, and to the Mediation of Their Majesties Their Acknowledgement; and They will be ready to warrant whatsoever shall be agreed upon by both Sides by Their Mediation, trusting in the King's Bounty and Sinoerity, and in His Parliament's Wisdom and Probity, who are not ignorant that no Peace can be firm unless both Parties do find their Honour and Interest warranted.
"But, most noble and most honourable Lords, whilst the King my Master keepeth an exact Neutrality between both, and thinketh on nothing so much as the procuring of their Quietness, you cause His Subjects to feel the most rigorous Effects of the War, it seeming that the Men of War on both Sides do equally conspire against them, since that there are more Ships taken, and more Acts of Hostility committed against the French Merchants, than you have committed against one another, as if their Ruin should serve for Fuel to the Flame, which France desireth to quench: Yet there is this Difference, that the King, upon the Complaints which the Merchants have brought to His Ears of their Losses, hath given present Order for their Restitution; but, for these Six Months, they could not procure any Action of Justice from their Committee, what Assistance soever they had from me; nor myself, my Lords, get ever any Answer from you, at the Instance which I made to you in Writing, in the Name and by express Order from the King my Master, for the Restitution and Reparation of Wrongs done to His Subjects, to the Prejudice of Trade agreed upon between them and those of England.
"Your Silence, my Lords, in the Reparations of the Wrongs, in the Liberty and Re-establishment of Trade equally throughout all England, as His Majesty of Greate Brittaine, who had more Reason to refuse it than the Parliament, hath already consented to it, followed daily with new Prizes, of which you confirm their Confiscation, and our Gazettes do publish them, which have given Cause to the Subjects of the King my Master to make new Complaints. His Majesty, by Letters of the 25th of November, hath commanded me to renew on His Part my pressing Instances, for the Reparation generally of so many received Wrongs, and particularly that of Monsieur Samborne, as well for the Merchandizes of which he could have no Justice, as for the Liberty of his Brother and their Associates, and the Restitution of their Ships and Goods lately detained in the Island of Gernesey, as it appeareth by his Petition, and of other Merchants who have brought me their Complaints, the which I have sent to the Committee of the Navy and to the Admiralty, without obtaining any Justice or Answer to their Petition, after One Month's Soliciting, and seconded by my Instances every where, which forced them to retire, to make their Report in France, there to seek Justice and Reparation, which had been refused to them here.
"The Merchants, my Lords, have the Safety of Trade only from the Public Faith, and do take their Princes for Warrants for the Wrongs that they receive upon the Faith of their Treaties; and the King my Master from henceforth cannot impute their Silence, their general and particular Denial of Justice, the Prizes, Violences, and continual Confiscations, since the Instances made in His Name, but to visible Breaches of Treaties of Peace and Alliance between the Two Kingdoms; and, as He hath no greater Passion than to maintain them, He would not willingly be forced to make Use of such Means as are in His Power to right His Subjects, which His Majesty nevertheless hath deferred, as you shall see by His Letter, until He understands by my Answer whether there be any Hopes of Reparation of Damages, and Answer to the Instances made in His Name for the Trade.
"Since the foresaid Letter of His Majesty, He hath honoured me with another, of the 10th of December, in Favour of the Duke of Espernon, who hath requested Him to use His Name to the Lords of this Parliament, for the obtaining of Justice, and in the mean Time that He would demand Liberty for Mr. Peter De La Salle, French Merchant, Prisoner, condemned with the said Duke of Espernon, most unjustly, and contrary to their ordinary Form, that he may appear before you, or such as you shall appoint, to debate the Question of the Fact and of Right; (fn. 6) it will clearly appear by his Petition, where the Wrong is visible, and Injustice done to the said Duke as Principal, and to De La Salle as Caution, condemned to pay (fn. 7) a Thousand Five Hundred and Forty Pounds Sterling, by reason of a Ship of London, named The Unity, in the Taking and Retention of which, in the Year 1638, the said Duke was not present, nor had any Share of her, so that he could not warrant her, as you may fee in that Letter which the said Duke hath written to me, of the 24th of December, which Ship was judged lawful Prize in France by the Council of the Admiralty, by reason of her ill Carriage; after which, the Parties interested having had Recourse to the King and His Council of England for Letters of Marque, Monsieur De Belieure, then French Ambassador, gave Satisfaction to the said Council.
"Therefore, my Lords, may it please you, at the Instance of Their Majesties, to do Justice to the said Duke of Espernone and his Surety, to discharge them by a Decree and in the mean while to set at Liberty the said De La Salle, who suffered great Losses because he cannot follow his ordinary Trading, which will increase his Pretention of his Damages and Interests against the said Duke; expecting that, by the Review of the Process in France, if the Parties interested desire it; in which the said Duke of Espernone will assist them willingly, Their Majesties may repair the Damages of the English Merchants (if it ought to be done); the Discharge of the said Duke, and by Consequence that of the said De La Salle, being not to be questioned, by reason of the Manifestation of the Truth of the Fact and being contrary to the manifest Usage and Custom of this Country, as soon as it shall please you to grant unto the said De La Salle a Review of this Business, which hath been refused to him heretofore.
"This is that which I have Order, my Lords, to ask of you from Their Majesties, with this Regret which I have, that, being on this Side appointed to do you Service, and to contribute from Their Majesties towards the Re-establishment of the Peace in this State; the Excesses by Sea, the continual Denial of Justice to the French, and your Silence in clearing to His Majesty what was the Intention, which hath hitherto appeared only in the Taking of Ships and Merchandizes, and Persecution of His Subjects, which have caused all those Complaints which have been made unto Their Majesties, and which I now make in their Behalf.
D. D'Espernon's Petition to the French King, to direct His Minister a London to solicit the Parliament there, to give him Relief, in a Suit against him and his Sureties, De La Sale, &c. by Pickering & al. for a Ship of theirs, called The Unity, taken at The passage near St. Sebastian's.
"The Duke D'Espernon most humbly representeth to His Majesty, that, in the Year 1638, the French Army under the Command of the Prince of Conde having besieged Fontarabie, a Part of the said Army was sent by Land, by Order of the said Prince, under the Conduct of the Duke of D'Espernon, and others, to take the Place and Port of The Passage near St. Sebastians, appertaining to the King of Spaine; and that the Lord Archbishop of Bordeaux, General of the Navy, went also thither by Sea, with his Fleet, where, amongst divers Gallies and other Vessels which there were taken, was One Ship of London, called The Unity, whereof one William Rand was Master, who likewise was taken and brought to the Port of Soccoa, near St. John De Luz, in France.
"Whereupon the said Master of the Ship, both for himself and in Behalf of his Consorts that were interested in the said Ship, who are divers Citizens of London, videlicet, James Pickering, Robert Tockly, George Prior, Phineas Andrew, Thomas Smith, David Davison, Samuell Andrew, presented a Petition to the said Prince, and to the Archbishop of Bordeaux, for the Releasement of the said Vessel, as an English Ship; but, after many Solicitations and Instances made in several Places of France, it was judged a lawful Prize by the Council of the Admiralty; and, in Consequence of the said Judgement, she hath served, and doth serve still at this very present, Their Majesties, according as the Lord Archbishop of Bordeaux hath certified by Writing.
"When they saw themselves frustrated in their Requests in France, they took their Refuge to the King and to the High Court of Parliament of England, for obtaining Letters of Reprizals, whereby they might seize upon the Goods of Frenchmen: But Monsieur De Belieure, who was then Ambassador for the King, having gotten Notice thereof, gave full Satisfaction to the Council; and made it appear, that the said Ship had not fairly dealt, and that therefore it was judged to be a lawful Prize; so that the said Citizens could obtain nothing in their Proceedings, and were sent back, as having no Right to claim that Way.
"In the Year 1642, making Use of the King's Absence from London, they resolved to indent their Action against the Duke D'Espernon and De La Valette, who all this while (during the Space of Four Years) did dwell at London, without having been disquieted at all, or ever heard the least Thing spoken of this Business; and indeed they caused him to be arrested as Prisoner, concerning an Action of Fifteen Thousand Pounds Sterling; pretending that the said Duke was Commander in Chief of those Forces which took the said Place of The Passage, and that it was he that took the said Ship, and promised Satisfaction for the same, and the Freight; which is a Misinformation of theirs, in regard it is manifest and known to every one, that the said Duke was not present at the Taking of the said Place of The Passage, nor then General of those Armies, either by Sea or Land.
"And, to get out of Prison, he hath been constrained to appoint for his Caution and Surety Peter De La Salle and Peter Mathew, French Merchants, both residing at London, to represent his Person, or pay (provided the Indemnity of the said Duke) the Sum which he should be condemned unto.
"Whereupon, the said Duke being gone for France, the said Mr. Pickering and his Consorts did prosecute in the Court of the King's Bench the Judgements of the said Cause, where the Jury was called, which is an Assembly consisting of Twelve Men chosen for the hearing of Parties and Witnesses, who, instead they should have been Half of them French and Half English Men in the like Case, and Persons of known Probity, were most of them mechanical, and One but One Frenchman, was a Taylor; notwithstanding that the said Peter De La Salle and Peter Mathew made their Complaints against it, and required the Substitution of qualified and understanding Persons.
"Which Jury (upon the Deposition of Two Witnesses, being Seamen, who were examined in the said Court of the King's Bench, and said that the said Duke had taken the aforesaid Vessel in the said Place of The Passage, and promised Satisfaction for the same and the Goods, and that this Promise was made in the French Tongue, which these Witnesses themselves confessed they could not speak, but understood it by the Means of an Interpreter who was there present), made his Report unto the Judge, upon the unjust Deposition, that he found that the said Duke ought to be condemned to pay the said Pickering and his Company the Sum of Eight Thousand Five Hundred Pounds Sterling in Capital, and (fn. 8)One Hundred and Forty Pounds Sterling for Charges, amounting altogether to Eight Thousand Six Hundred and Forty Pounds Sterling, for their Indemnity; whereupon the said Judge gave his Judgement both against the said Duke, and the said Peter De La Salle and Peter Mathew, being Sureties, according to the Report made by the said Jury: After this, according to the ordinary Course of Justice in such Cases, the said Peter De La Salle and Peter Mathew would cause Revisions to be made of the Process, by a Civil Petition, called in English, Writ of Error; but they were rejected.
"Notwithstanding they made all the Instances that may be imagined before the Lords Commissioners of the Great Seal kept by the Parliament, for the renewing of a Commission, to examine the Witnesses in France, and withall to cause some to be heard, that accidentally were then at London, who were then at the Place of The Passage when it was taken, and do know that the said Duke was not there present; yet their just Demands were denied, and they were excluded both from this Court and the Chancery: Insomuch that the said Duke was condemned before they would hear any of his Witnesses.
"In the Month of January, 1643, the said Peter De La Salle was arrested as Prisoner, at the Solicitation of the said Pickering and his Company, and hath been still detained there since that Time, the Adversaries having obtained Execution against the said Duke and his Sureties, for the Payment of the said Sum of Eight Thousand Six Hundred and Forty Pounds Sterling; which is a Vexation wrongfully laid upon the said Peter De La Salle, which hath caused the Loss of all his Correspondencies, and will be his total Undoing and Ruin, unless he be speedily set at Liberty, and which will turn to the said Duke's great Prejudice, except Their Majesties be pleased to write to Monsieur De Sabran, Their Resident in England, to procure the Release of the said Peter De La Salle, considering that the said Duke D'Espernon (as it was said before) hath never been present at the Taking of the said Vessel, nor had any Share thereof, for the Reasons afore alledged.
"Wherefore the Duke D'Espernon most humbly petitioneth Their Majesties to take into Consideration that which hath been above said, and to give Order to write in Their Names to Monsieur De Sabran, Their Resident in England, to procure from the Parliament an Ordinance of Discharge, both for the said Duke D'Espernon, and the Liberty of the said Peter De La Salle his Surety; whilst Their Majesties (if it be thought expedient) may cause to ordain the Indemnity of the said English Merchants, as well for the said Vessels, as for the Merchandizes that were found therein, and taken out of it; and the said Duke D'Espernon shall continue more and more his most humble and faithful Services, which he oweth to Their Majesties."
Sambornes, French Merchants, Petition to their King, about Vessels, &c. taken by the English.
"Michal, Richard and John Samborne, French Merchants and Consorts, most humbly remonstrate to Your Majesty, that, according to the Treaties of Peace and Alliance betwixt Your Royal Predecessors and the Kings of England, and the Renewing and Ratification of the same, whereby the Liberty of the Traffic is granted and permitted to all the Subjects throughout the whole Extent of the Dominions of both Kingdoms; Your Petitioners, continuing their Traffic and Trading, have caused be laden, in the Month of March, 1643, in a Ship called The Rainbow of Tophan, Fourteen Bails of Serge, to be transported to the Town of St. Malo; Two Sacks of Conitchnille, and a great Number of Bone-lace, in a Vessel called Marie De Lunes, to deliver them at Exceter; Threescore and Two Bails of Cloth and Stockings, with Abundance of Lace, in a Vessel of Hambourg; which Ships having met at Sea, at several Times, with Men of War of the River of London, were by them taken, the Furniture and Appurtenances pillaged, and the Money of the Merchants, and the Apparels of the Mariners, plundered and robbed, the Merchandizes of Your Majesty's Petitioners seized upon and arrested by the Officers of the Admiralty of London, where, by a manifest Breach of Treaties of Peace and Confederacy, the said Merchandizes have been declared to be confiscate; against which Breach and notorious Injustice done, by not hearing the Parties that were interested, Your Majesty's Petitioners have not only sought Relief, but also the Company of the English Merchants trading into France have presented divers Petitions to the Judges of England, to whose Judicature the Matter did belong, to procure for them a Releasement; which when they could not obtain, Monsieur De Sabran, Resident for Your Majesty in England, hath made his Complaints and Remonstrances to the Parliament, which, by a real Denial of Justice, hath made them fruitless: Since, Your Majesty's Petitioners having caused to be bought in the Western Country a great Quantity of Pewter, to send into France, the Inhabitants of Plymouth, continuing in the same Ways of Hostility, have taken from them Fifty great Salmons, to transport them to the said Town: And Six Weeks since, John Samborne, your Petitioners Brother, being necessitated, for saving of his Life from the Violence of those People, to retire himself, and to leave and to abandon to them Your Majesty's Petitioners Goods, hath passed into this Kingdom in a French Ship, which, by contrary Wind, being driven and cast into the Islands of Garnezey, the Governor of that Island hath arrested and put the said John Samborne into a close Prison, where he is at this present; and taken, or caused to be taken, Fourthly, Three Bails of Cloth, and other Merchandizes, appertaining to Your Majesty's Petitioners: All which Pillage and Plundering committed by the said Englishmen, the Retention of the foresaid Goods and Credits of Your Majesty's Petitioners, amount to above Three Hundred Thousand Livers; which hath caused so great a Loss and Undoing in their Trade and Credit, that they and their Family are reduced to extreme Beggary, unless Your Majesty be pleased to relieve them by Your Royal and Gracious Assistance, ordinarily requisite in such Cases."
French King's Letter to Monsieur Sabran, His Minister here, to desire Reparation for these Seizures.
"Complaints being made to Me, by Richard and John Samborne, French Merchants, that, to the Prejudice of the Trade granted and permitted between My Subjects and those of England, those of the Party of the Parliament of London have arrested Two Vessels of theirs, laden with Merchandizes, which were also immediately confiscated; and, they having required Justice for it from the Parliament of England, you had assisted them in their Prosecutions, but could obtain no Justice, neither they nor you, although you used My Name and My Instances; but they, to the contrary, continuing their Pillage, have moreover taken from the said Merchants a great Quantity of Pewter, and retained the said Samborne himself Prisoner: And, being not able to suffer any longer such a Breach of the Treaties of Peace and Alliance betwixt Us and the Kingdom of England, I write to you these Presents, by the Advice of the Queen Regent My Lady Mother, to tell you, that you shall reiterate your quick pressing Instances, in My Name, for the Releasement of the said Prisoner, and the Restitution of all their Merchandizes and Goods, as also of all others which they detain from other Merchants, who do deliver to you their Memorials; and in case they persist to deny to do Justice to My Subjects, I shall be forced to use such Means as lie in My Power to deliver them from this unjust Persecution; which, nevertheless, I will delay till such Time that I may learn by your Answer, whether those of the Parliament will give Way for the Reparation of the Damages done to the said Merchants, wherein I desire you to employ all your possible Endeavours; and in the mean Time, I pray God may keep and protect you.
French King's Letter to Monsieur Sabran, about the Duke D'Espernon and Monsieur De La Salle's Business.
"Several Matters have been represented to Me by My Uncle of Espernon, which conduce to the Enlargement and Liberty of the De La Salle, French Merchant residing at London, who became formerly his Surety for the Sum of Eight Thousand Six Hundred and Forty Pounds Sterling: But whereas all his Reasons are deduced according to the Memorial here inclosed, and you shall be informed herein at large concerning the Truth of this Business, I write to you this Letter, by the Advice of the Queen Regent My Lady Mother, to tell you, that, My said Uncle being a Person to whom I bear a singular Affection, I will and desire you to negotiate as much in his Favour as shall lie in your Power, that the said Peter De La Salle, his Surety, may be restored to his full Liberty, and discharged from the Payment of the said Sum of Eight Thousand Six Hundred and Forty Pounds; wherein you shall omit no Care, Services, and Instances; this present tending to no other Effect. I pray God to keep and protect you.
Duke D'Espernon's Letter to Monsieur Sabran, about the same.
"If you were not already informed concerning the Troubles I had in England, because of an English Ship which was taken at Fountarabie, and the Vexation that is befallen at this present to Monsieur De La Salle, which hath engaged himself for me as a Surety, I would entertain you with a long Discourse about it. But being since you are sufficiently informed in the Business, I will content myself to entreat you, that you would do all your Endeavours for the obtaining of Mr. De La Salle's Releasement, and to effectuate so much as shall lie in your Power the Good-will and Intentions His Majesty sheweth in Behalf of this Business, by the Letter He hath written to you to that Purpose. You will lay a great Obligation upon me, which shall never be forgotten; and will seek with all Diligence and Care, all possible Means to acknowledge it with Thankfulness. In the mean while, I beseech you to believe me, that I am, Sir,
Ordinance to enlarge the Time for Sir Thomas Mallett to procure Sir J. Temple to be exchanged for him.
"Whereas Sir Thomas Mallett Knight, One of the Justices of His Majesty's Court of King's Bench, did, in the House of Peers in Parliament at Westminster, the Sixth Day of November last past, acknowledge One Recognizance of Three Thousand Pounds, conditioned as by the Records of the House of Peers may better appear; and whereas it appeareth, by the said Recognizance and Condition thereof, and an Order made by their Lordships in the said House of Peers, and recited in the said Condition, that the said Sir Thomas Mallett was enlarged of his Imprisonment, to procure and get Sir John Temple Knight, then Prisoner in Ireland, to be exchanged for him the said Sir Thomas Mallett; and that, in case the said Sir Thomas Mallett could not, within Three Months after such his Enlargement, procure the said Sir John Temple to be enlarged of his Imprisonment, that then the said Sir Thomas Mallett should, within Twenty Days after the said Three Months expired, return and appear in the House of Peers, and submit himself to their Imprisonment again; provided always, and the Intent and Meaning was, and so ordered, That if, by reason of Wind or Weather, or other Casualty or Exigent whatsoever, the said Sir John Temple could not be sent for out of Ireland, or could not come out of Ireland, so speedily as aforesaid, that then the said Sir Thomas Mallett should remain no longer in Prison after his Return, than until it should appear that the said Sir John Temple is enlarged; and that then the said Sir Thomas Mallett should have his Liberty, and should be absolutely freed and discharged of his said Imprisonment, and be at Liberty to go where he should think fit, or desire; and forasmuch as their Lordships were now informed that the said Sir Thomas Mallett hath procured His Majesty's Warrant for enlarging the said Sir John Temple, but yet he cannot make it appear whether the said Sir John Temple is or will be enlarged within the said Three Months, but he hopeth to procure his Enlargement, if he have further Time for the doing thereof: It is therefore now Ordered, by the Lords in Parliament, That, in case the said Sir Thomas Mallett shall, within the Space of One Month more after the said Three Months ended, procure the said Sir John Temple to be enlarged of his Imprisonment, that then the said Sir Thomas Mallett shall be absolutely freed and discharged of his said Recognizance, and the said Recognizance be vacated; but, if he shall not do the same, then if he shall, within Twenty Days after the said One Month more after the said Three Months ended, return, and appear in the said House of Peers, and submit himself to their Imprisonment again, that then the said Sir Thomas Mallett shall incur no Prejudice or Damage by his not performing the said Condition of the said Recogninizance; but the same shall be as effectual and beneficial for him, to all Intents and Purposes, as if he had literally performed the Words of the said Order and Condition; any Thing in the said Condition, or Order therein recited, to the contrary in any Wise notwithstanding."