Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
Die Jovis, 3 Julii.
Viscount Say & S.
Harborn to be Minister of Chevening.
Upon reading of the humble Petition of Will'm Harborne, Minister; shewing, "That, upon the Death of Doctor Bucknell, this House granted the Rectory of Cheeveninge, in the County of Kent, unto the Petitioner, who hath since January last supplied the Place; and the House of Commons have from this House been desired to concur therein:"
Which being not yet done; it is Ordered, by the Lords in Parliament assembled, That the said Will'm Harborne shall take and receive the Profits of the said Rectory during such Time as he shall officiate the said Cure.
Grove to be released, to prosecute his Cause.
Ordered, That Henry Grove, having a Cause depending in this House against Richard Mills, which is to be heard at the Bar on the 9th of this Instant July, and being a Prisoner in The Fleete, shall have Liberty, with his Keeper, to go in and out, about his said Cause, until it be determined; so that he be a true Prisoner, and return to The Fleete every Night.
Countess of Haddington to export Horses.
Answer to the E. of Leven's Letter.
Observations on the Letters taken at Naseby.
Report was made by the Earl of Northumb'land, from the Committee of both Houses, what Observations had been made by them, out of the several Letters taken in Naisby Feild; which were read, and approved of, with some Alterations made at the Clerk's Table: They were to be communicated, at a Common Hall in the City, this Afternoon. (Here enter them.)
Committee to go the Common Hall about them.
Message from the H. C. about it; and for a Conference about Carlisle.
Message to the H. C. with the Observations on the Letters taken at Naseby; and for Committees to go to the Common Hall with them.
That the Lords have taken Consideration of the Observations made out of the Letters taken in Naisby Feild, reported to them by their Committee; and do approve of them, with some Alterations, which the Lords desire the Concurrence of the House of Commons in; and that the Lords do agree that a Committee of both Houses may meet this Afternoon, at Four of the Clock, in The Guild Hall, Lond.
Sir E. Leech's Petition, about Examination of Witnesses, in the E. of Denbigh's Cause.
The Petition of Sir Edward Leech Knight, One of the Masters of the Chancery, and One of the Assistants of the House of Peers, was read, touching some Examination of Witnesses by him in the Cause of the Earl of Denbigh, against some of the Committee of Stafford and others. (Here enter it.)
Ordered, That the Committee of Stafford, or some or One of them, shall have a Copy of the said Petition, who are to return in their Answer to the Complaints of the said Petition within Ten Days next after this Order shall be served; and the said Sir Edward Leech is to make his Defence, by his Counsel, or otherwise, as he shall be advised.
Lords to meet at Guildhall P. M.
Major Temple's Petition, concerning a Prosecution against him by Ludlow, at Mrs. Giles's Suit.
Upon the reading of the Petition of Purbecke Temple, Major to Colonel Fienes's Regiment: It is Ordered, That the said Petitioner, and Geo. Ludlowe who prosecutes a Suit against the said Major at the Suit of Mrs. Margarett Giles, shall appear before the Lords To-morrow Morning; and that all Proceedings in this Cause shall be stayed, until the Pleasure of this House be further signified.
Letter from the Scots Commissioners.
Message from the H. C. to meet early at Guildhall.
That the Lords (fn. 1) do agree to the Time; and that they will meet accordingly, if they can.
Answer from the H. C.
Answer to be sent to the E. of Leven and to the Scots Commissioners.
"Ordered, That it be reported to both Houses, That an Answer be returned to the Letter from the Earl of Leven, and the General Officers of the Scottish Army, of the 21th of June; and to the Paper of the Scottish Commissioners given in upon the of that Month.
Commissioners to be sent to the Scots Army.
"That it be reported to the Houses, That a Committee from both Houses may be sent to the Scottish Army; and that the Paper of the Commissioners concerning this Particular, and their former Paper, be also reported to the Houses.
Observations on the Letters taken at Naseby.
"That the King endeavours to overthrow the Act of Parliament, and His Public Declaration of acknowledging this Parliament at the Treaty, by an Act of Council at Oxon, and an Entry upon the Council Book.
"3. That the King would never have acknowledged the Parliament, if He had had but Two Men to have stuck to Him in denying it; Himself being more ready to destroy the Parliament, and more violently bent against it, than His very Oxford Councils.
"4. That the Kingdoms and Parliaments can hardly expect, without great Difficulty, to have Assurance to rest upon any Thing that the King declares, when His Public Declarations are thus undermined by Private Acts and Registers.
"That even they who have deserted their Trust in Parliament, and given up their Lives, Fortunes, and Conscience, to a Compliance with the King's Will, are now despised, by the Name of a base, mutinous, and mungrel Parliament, because they yet retain a little Conscience to Religion and this Parliament."
Sir Ed. Leech's Petition, about an Accusation of Partiality against him, in taking the Examinations in the E. of Denbigh's Complaint against Capt. Stone & al. Committees for Stafford.
"That whereas Edward Broughton, John Swinfen, Henry Stone, Thomas Pudsey, and John Simcox, have informed your Lordships, that the Petitioner, being appointed by your Lordships to take the Examinations of Witnesses, in a Cause depending before your Lordships, wherein the Right Honourable the Earl of Denbigh is Complainant, against them and others Defendants;
"That he and Mr. Doctor Aylett were appointed, by your Lordships, to take the said Examinations, and to return them to your Lordships; and the Defendants might examine or cross-examine as they thought fit, as by your Lordships Orders of the 27th and 28th of January last may appear: And the said Defendants, being made acquainted with the said Orders, desired Two Days Time to prepare their Interrogatories, which was granted them.
"And then we beginning to enter into the Execution of your Lordships said Commission and Orders, One of them came into the Room, and demanded whether they might not be present at the Examination of the Witnesses produced against them; which the Petitioner did deny, saying, "That, by that Means, the Depositions would be published before they were returned;" wherein Mr. Doctor Aylett did concur: And after that, neither he, nor any other for them, did appear before us, nor offer any Interrogatories, nor produced any Witnesses to be examined.
"After that, we proceeded, and examined Five Witnesses together; but finding that the Witnesses were many, and the Interrogatories long, we divided ourselves, and examined the rest alone (according to the Power given us by the said Orders), whereof the Petitioner examined Thirteen, and Mr. Doctor Aylett Twelve; which Depositions we have returned to your Lordships.
"And the Petitioner did take them with as great Indifferency and Faithfulness as was (fn. 2) possible.
"And therefore, as to that other Charge, that the Petitioner should incline to leave out such Part of the Depositions as might make for them; the Petitioner, under your Lordships Favour, doth affirm, and is ready to maintain, that it is a false Accusation.
Letter from the Scots Commissioners.
Paper from them, desiring to see the Letters taken at Naseby.
"Whereas, in Answer to the Third Article of our Paper of the Date the 20th of June, concerning the renewing of the Desires of the Parliaments of both Kingdomes for a just and well-grounded Peace, it is made knowne to us by both Houses of Parliament, that diverse Letters and Papers of great Importance are come to their Hands, which may give Light to the future Proceedings of both Kingdomes, and therfore very necessary to be comunicated to us, that, after mutuall Advise had, wee may proceede in the most effectuall Way for the atteyneing an happy Peace; and forasmuch as it is also Ordered by both Houses, that those Papers be communicated to the Committee of both Kingdomes, that there may be Copies transmitted into Scotland and Forreyne Parts, as they shall see Occasion; wee cannot be answerable to the Trust committed to us, if wee should not remonstrat to both the Honorable Houses of Parliament, that, notwithstanding the Publique Concernment of the Kingdome of Scotland in Matters of so great and gennerall Importance, and notwithstanding the Interest of some perticuler Persons of that Kingdome which may be touched in some of those Papers, none of them as yet have bin comunicated to us, neither in the Committee of both Kingdomes, nor any other Way apart, although wee have beene wayting and attending carefully for that Effect.
"And therfore our Desier is, that, according to the Importance of the Matter, and the Publique Interest of the Kingdome of Scotland, as it is Ordered by both Houses, those Papers may so timously be imparted unto us, as wee may make such Use of them as may acquitt us to those that sent us.