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 Lunæ, (fn. 1) 30 die Junii.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Dr. Burges and Antrobus.
Ordered, That this House will hear the Difference between Dr. Burges and Mr. Antrobus, by Counsel on both Sides, at this Bar, To-morrow Morning.
Moore Park, Protection.
It was moved "That the Earl of Monmouth might have the Order of this House, for his Park at Moore Parke, as the Earl of Sarum had."
But it was suspended.
Marq. De la Ferte to export Horses.
Ordered, That a Pass shall be granted, to give Leave for Four Horses to be transported into France, to the Marquis De la Ferte.
Ordinance for a Committee to manage the Affairs of Ireland.
An Ordinance for appointing a Committee of both Houses, to manage the Business of Ireland, was read Thrice, and passed; and the House of Commons desired to concur therein.
Preachers at the next Fast.
Ordered, That Mr. Bayly and Mr. Hodges are appointed to preach the next Fast-day, before the Peers, in the Abbey Church at Westm.
Ramsey sent for, for Contempt of an Order in Cable's Cause.
Upon reading the Petition of Christopher Cable, and the Affidavit of Christopher Babb; shewing, "That the Order of this House was served upon John Ramsey: He said, "That he had nothing to do with the Lords nor the Plaintiff; and that Plaintiff might take up the said Order, and wipe his Arse therewith, for it was good for nothing else."
It is Ordered, That the said John Ramsey, for his said Contempt to the Order of this House, shall be sent for, as a Delinquent, to answer the same; and the said Babb to be personally present, to attest the same vivâ voce.
Message to the H. C. with the Ordinance for managing the Irish Affairs.
A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:
To desire their Concurrence in the Ordinance concerning appointing Committees of both Houses, to manage the Affairs of Ireland.
Walsingham and Baker.
The Counsel being this Day at the Bar, to plead the Cause, between Sir Tho. Walsingham and Sir John Baker, and it being pleaded at the Bar by the Counsel of Sir John Baker, "That Sir John Baker hath not put yet any Answer to Sir Tho. Walsingham's Petition."
It is Ordered, That Sir John Baker shall put in his Answer by Friday next to the said Petition; and that the Cause shall be heard, by this House, To-morrow Sevennight.
Answer from the H. C.
Sir Edward Leech and Dr. Heath return with this Answer to the Message sent to the House of Commons on Saturday last:
That concerning the Prisoners, they have taken it already in Consideration; as concerning the Petition and Votes concerning Hitchings, and the Jewels of the Lord Savill's, they will send an Answer by Messengers of their own.
Winne and Watts sent for, for having forged Protections of the E. of Northumberland's.
Upon Complaint this Day by the Earl of Northumb. "That his Lordship hath received Information, that Sam. Winne a Prisoner in The Marshalsea, and Watts a Butcher near the Meal-market in Southwarke, have Two forged Protections, with his Lordship's Name to them, and Mr. Corbett; and they pretend that one Mr. Rich gave them these Protections for Ten Shillings apiece, which Rich, they say, has been a Counsellor at Law."
It is Ordered, That the said Winne and Watts shall appear before this House, to give an Account how they came by them, and from whom.
Foreign Agents to see the King's Letters.
It was moved, "That the Foreign Agents here may be permitted to have a Sight of such of the Original Letters of the King's as they shall desire to see; and to that End, that the said Originals may remain with the Clerk of the Lords House, and so they may have Recourse to them, for their full Satisfaction."
Which Motion this House approved of; and Ordered to send to the House of Commons, to desire their Concurrence therein.
Colonels Ogleby and Gordon's Petitions.
Ordered, That Colonel Oglebie's Petition be recommended to the House of Commons.
Ordered, That the Petition of Lieutenant Colonel James Gordon be recommended to the House of Commons.
Commission to issue, for the Trial of Wilson, for the Murder of Shemonds's Son, Keeper of Windsor Park.
Upon reading the Affidavit and Petition of Thomas Shemonds, Keeper in The Greate Parke of Windsor, That Richard Wilson, of Clewer, near Windsor, in March last, was, with many others, in the said Park, stealing and killing His Majesty's Deer; which he and his Son Thomas Shemonds endeavouring to prevent, the said Wilson and the rest of his Company killed the Petitioner's Son: And further, That the said Ric'd Wilson, and the rest of his Company, had Thrice Meetings, at the House of one Hercules True, of Windsor, where they usually have their stolen Venison dressed: And that the Deponent said, He is credibly informed, That the said Hercules True hath threatened to knock him on the Head, for prosecuting the said Wilson and others, the Murtherers of the Deponent's Son, and for intending to prosecute him as an Accessary to the Death of his said Son."
It is Ordered, That a Commission of Oyer and Terminer be issued out, for the Trial of the said Richard Wilson; and the Clerk of the Crown is to issue out the said Commission.
Message from the H. C. to fit a while;
A Message was brought from the House of Commons, by Sir Henry Chomeley, &c.
To desire their Lordships would please to fit a while, for they have some Occasions to acquaint their Lordships with some Business of Importance.
and about Sir J. Corbett's Complaint against the E. of Bridgewater.
2. To put their Lordships in Mind of the Impeachment formerly sent up against the Earl of Bridgwater, concerning Sir John Corbett; and to proceed to Judgement thereupon.
The Answer returned was:
That this House will sit a while; and that their Lordships will take into Consideration the Business concerning the Earl of Bridgewater, and do therein that which shall be according to Justice.
E. of Suffolk, and Sir R. Hitcham's Executors.
Ordered, That the Cause between Earl of Suffolke, and the Trustees and Executors of Sir Rob't Hitcham, shall be heard, by Counsel on both Sides, at this Bar, on Thursday come Sevennight.
Letter to the King of Portugal to re-call His Minister from hence.
Ordered, That it is referred to the Committee of both Kingdoms, to write a Letter, to be sent to the King of Portugall, to acquaint Him with the Carriage of His Agent here; and desire Him, that He would speedily re-call him from hence.
Fortescue, the D. of Lorraine's Agent, to have Notice to depart.
Ordered, To send to the House of Commons, to desire their Concurrence, that Anthony Fortescue, who is an Agent for the Duke of Lorraine here, may have Warning, that he depart out of the Parliament's Quarters within Twenty Days, in regard it appears, by the Letters of the King and Queen, that the Duke of Lorraine is employed to bring Forces over against the Parliament.
Spanish Ambassador complains of his English Interpreter being committed to Newgate, to be tried as a Priest.
The Earl of Northumb. reported, "That the Spanish Ambassador made a Complaint to the Committee for Foreign Affairs, That an Englishman, a Servant of his, being employed by the said Ambassador into Flanders, was, in his Journey to the Sea-side, apprehended, and since committed to Newgate, upon Suspicion of being a Priest, where he is in Danger suddenly to be brought to a Trial for his Life; which the Ambassador conceives to be a Violation of the Privileges due unto all Ambassadors, and an Injury unto the King his Master, this Man being only used by the Ambassador for an Interpreter."
Hereupon it is Ordered, To communicate this to the House of Commons; and desire them, that the Grounds of this Suspicion and his Commitment may be examined by the Committee appointed to meet with Ambassadors, and reported unto the Houses, before there be any further Proceedings against him.
Message to the H. C. about it; and about the Agents of Portugal and Lorraine.
A Message was brought from the House of Commons, by Dr. Aylett and Dr. Heath:
To desire their Concurrence, that it may be referred to the Committee of both Kingdoms, that they may draw a Letter to be sent to the King of Portugall, to acquaint Him of the Miscarriages of His Agent, and desire Him to re-call him from hence.
2. To acquaint them with the Complaint of the Spanish Ambassador to the Committee, concerning his Servant that is in Newgate.
3. To desire their Concurrence, that Anthony Fortescue may have Warning to depart (fn. 2) out of the Parliament Quarters within Twenty Days.
Message from the H. C. for the Letters taken at Naseby to be communicated to the City, and to be sent to Scotland, and published.
A Message was brought from the House of Commons, by Sir Rob't Pye, Knight, &c.
To desire their Lordships Concurrence in these Particulars:
"1. Resolved, That the most material Letters and Papers taken at Naseby Field be communicated to the City, at a Common Hall."
"2. Resolved, That the Lords be desired to appoint a Committee of their House, to join with a Committee of a proportionable Number of this House, to peruse the Letters and Papers taken at Naseby Field; to consider what Letters are most material and most fit to be communicated to the Common Hall; and to make Observations upon them, to be communicated with the Letters."
"3. Resolved, That the Time to be desired for this Common Hall to meet, shall be on Thursday next, at One of the Clock."
"4. Resolved, That no Person do presume to print any Part of the Letters to be communicated at the Common Hall, without special Order of both Houses; and that it be declared, that both Houses intend to print them speedily; and that this Order be sent to the Warden of Stationers Hall, and published at the Common Hall."
"5. Resolved, That these Letters and Papers be communicated to the Committee of both Kingdoms, to the Intent they may take Copies, to transmit into Scotland, and to Foreign Parts, as they shall see Occasion."
"6. Resolved, That these Letters and Papers shall be put in a safe and public Hand and Place, to the End that all such as shall desire it may peruse the Originals of these Letters; and that this be published to the City, at a Common Hall."
"7. Resolved, That it be referred to the Committee of Lords and Commons, to be appointed to peruse these Letters and Papers, to consider of the Hand and Place wherein these Letters and Papers shall be placed for public View; and of other Circumstances to be observed, for the more convenient preserving of them and putting them to public View; and that the Committee do make Report of their Proceedings, upon the Matter referred unto them, before Thursday next."
and with Ordinances, &c.
"8. An Ordinance to pay One Thousand Five Hundred Pounds, out of the Excise, to Colonel Fynnes, &c." (Here enter it.)
"9. An Answer to the Scotch Paper."
(Here enter it.)
"10. An Ordinance for regulating the Office of the Ordnance." (Here enter it.)
"11. A Letter to be written to the Committees of the several Counties, for recruiting of Sir Tho. Fairefax's Army." (Here enter it.)
Committee to to meet with One of the H. C. about the Letters taken at Naseby.
Ordered, That these Lords following are appointed Committees to join with the House of Commons, to meet concerning the Letters and Papers:
L. Viscount Say & Seale.
The Answer returned was:
Answer to the H. C.
That this House agrees to all the Particulars of this Message, and hath nominated a Committee of Ten Lords.
Order for 1500l. to Colonel Fiennes's Regiment of Horse.
"It is this Day Ordained, by the Lords and Commons in Parliament assembled, That Fifteen Hundred Pounds shall be forthwith provided, towards the Pay of Colonel Fyennes's Regiment of Horse, to be satisfied and paid out of the Receipts of the Excise and new Impost, upon the Ordinance of the 11th of September, 1643, in such Order and Course as the same shall succeed, next after such Ordinances of Parliament as are already assigned upon the Receipts of Excise; which said Sum of Fifteen Hundred Pounds the said Colonel Fyennes is hereby authorized and enabled to take up of any well-affected Person or Persons, whose Assignment unto such Person or Persons, under his Hand, shall be a sufficient Security and Assurance unto every of them, for Re-payment of the said whole Sum of Fifteen Hundred Pounds, or any Part thereof, together with Interest, after the Rate of Eight per Cent. for so long Time as he or they, or any of them, shall not be paid or satisfied all or any Part thereof, which Interest shall be paid, out of the Receipts of the Excise aforesaid, every Six Months, until Principal and Interest be fully satisfied as aforesaid; and the Commissioners of Excise and new Impost for the Time being are hereby authorized to pay the said Fifteen Hundred Pounds in Course as aforesaid, together with the said Half yearly Interest and other Interest, unto the said Colonel Fyenns, his Assignee or Assigns, whose Receipt or Receipts for Principal and Interest, or any Part thereof, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them: Provided always, That, if the present Commissioners of Excise shall advance and lend all or any Part of the said Fifteen Hundred Pounds, that they shall be hereby authorized and enabled to reimburse themselves; and that their Executors, Administrators, or Assigns, shall be reimbursed thereof, together with Interest after the Rate of Eight per Cent. for so long Time as they shall not be paid all, or any Part thereof, out of such Intervals of Receipts, upon the said Ordinance 11th September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, or, in Default thereof, in such Course and Order as this present Ordinance shall succeed; and the Receipt or Receipts of the said Colonel Fyennes, his Assignee or Assigns as aforesaid, shall be, in like Manner, a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."
Answer to the Paper of the Scots Commissioners, about offering Terms for Peace to the King.
"Both Houses of the Parliament of England having received a Paper of the 20th of this Instant from your Lordships, and having already, in a Letter to the Parliament of Scotland, answered the Two First Propositions, do give this following Answer to the Third, concerning the renewing the Desires of the Parliaments of both Kingdoms, for a just and wellgrounded Peace, That we heartily desire such a Peace, and should most gladly embrace this present Opportunity of Success (which (fn. 3) it hath pleased God to give us), for the renewing of those Desires, were it not that divers Letters and Papers of great Importance are come to our Hands, which may give a great Deal of Light to our future Proceedings, and therefore very necessary to be communicated to your Lordships, that, after mutual Advice had, we may proceed in that most effectual Way for the advancing a happy Peace."
Ordinance for regulating the Office of Ordnance.
"It is Ordered, by the Lords and Commons assembled, That Mr. Scawen, Mr. Greene, Sir Harbottell Grimston, Mr. Bence, Sir John Evelyn Senior, Mr. Bedingfeild, Mr. Hodges, Sir Walter Erle, Sir Robert Pye, Mr. Wheeler, Sir Arthur Hasilrigg, Mr. Rolle, Sir John Clotworthy, Sir Henry Mildmay, Mr. Pury, Mr. Vassall, Mr. Lisle, or any Five of them, shall be a Committee, and have Power, to contract for Powder, Match, and Bullet, to the Value of Twelve Thousand Pounds, for the Use of the State, to be delivered into the Office of Ordnance; for which Purpose, they are authorized to give Order to the Commissioners of Excise, to issue out the said Twelve Thousand Pounds formerly charged on the Excise, for Powder, Bullet, &c. by Two several Ordinances of the 22th of May last, whose Order shall be a sufficient Discharge to the said Commissioners of Excise; and the said Committee have further Power to take an Accompt of the Officers belonging to that Office, as well of the coming in as issuing out of all Land and Sea Stores of Ordnance, Arms, Ammunition, &c. belonging to that Office."
Circular Letter to several Counties, for recruiting Sir Tho. Fairfax's Army.
"The Houses of Parliament, taking Notice that the Levies of Men appointed by the Committee of the Two Kingdoms to be made by you, within your County, for the recruiting of the Army under the Command of Sir Thomas Fairefax, after much Pressure and Expectation, are still much behind and short of their Number, to the exceeding great Damage of the Public Service, have thought fit that further Supplies should be made for that Army, and have recommended the same unto that Committee, to take Care for the speedy effecting thereof; for which Purpose, you will herewith receive Letters from that Committee, authorizing you to levy and impress Soldiers. The Importance of this Service is such, and so great, as that we are commanded by the Houses of Parliament to desire and require you to cause the Contents of those Letters to be effectually and precisely complied withall; and we herewith send you an Ordinance, enabling you with Power to punish such Soldiers, as, being imprested, have or shall run away, so as you now want not Power to reform Abuses of that Kind, or to perform the Service expected; [ (fn. 4) and therefore very real Effects of your Endeavours are expected].
"And so we rest."