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 Mercurii, 6 die Novembris.
Ordered, That Mr. Spurstow and Mr. Strickland shall have Thanks returned from this House, for their great Pains in preaching Yesterday at the Abby; and that they be desired to print and publish their Sermons.
Fortescue, the D. of Lorrain's Agent's Order.
Next, the Order brought from the House of Commons was read, concerning Mr. Anthony Fortescue, "That he shall have his Papers and Goods restored unto him; and that he quit the Kingdom within Twenty Days."
Committee for Gloucester, &c.
Ordinance for re-annexing the Manor of Bowcomb to the Government of the Isle of Wight.
Mr. Serjeant Fynch brought in the Ordinance concerning adding the Profits of the Manors of Bowcombe to the Government of the Isle of Wight; which Ordinance was read Twice, and Ordered to be committed to a Committee of the whole House.
Paper from the French Minister, desiring Restitution of some Ships taken by those in the Parliament's Service.
Next, a Paper was read, delivered in to this House by the Earl of Northumb. from Monsieur Sabran, Agent for the French King, concerning some Ships which have been taken by the Ships in Service of the Parliament, desiring Restitution of them, and Restitution of the Persons that are in Restraint; and also another Paper, being an Abstract of Depositions in France concerning the Goods.
Hereupon this House Ordered, That the Consideration of these Papers be referred to the Committee that treat with The States Ambassadors concerning Ships; and to send to the House of Commons, to communicate these Papers to them, and desire that they would likewise refer the Consideration of the same to their Committee; and that they might meet this Afternoon, at Two of the Clock.
Message from the H. C. with an Ordinance, and an Amendment in the One concerning Newcastle;
and for a Conference about the Propositions.
That their Lordships will send Answer, by Messengers of their own, concerning the Ordinance touching Crowland; that their Lordships will give a present Conference, in the Painted Chamber, as is desired; and that their Lordships do Agree in leaving out the Word ["Civil"].
Answer from the H. C.
Engrossing Wood and Coals.
Justice Mallet's Bond, to appear if he cannot effect his Exchange.
Memorandum, quod, 6TO die Novembris, 1644, venit hic in Parliamento coram Dominis, Thomas Malett Miles, Unus Justiciariorum de Banco Regis, in propria Persona, & recognovit se debere Domino Regi Tres Mille Libras, levari ex Terris, Tenementis, Bonis, & Catallis suis, ad Usum Domini Regis.
The Condition of this Recognizance is such, "That whereas the Right Honourable the Lords in Parliament have Ordered, That the said Sir Thomas Malett shall be enlarged from his Imprisonment in The Tower of London, to the End and Intent that he may repair to His Majesty and others, to procure and get Sir John Temple Knight, now Prisoner in Ireland, to be exchanged for him the said Sir Tho. Malett; and if the said Sir Tho. Malett shall perform the same, that (fn. 1) then he shall be enlarged, and go where he shall think fit or desire; and in case the said Sir Tho. Malett cannot, 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 Malett shall, 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 of their Lordships and the House of Peers was and is, and so Ordered, That if, by reason of Wind or Weather, or other Casualty or Exigent whatsoever, the said Sir John Temple cannot be sent for over out of Ireland, or cannot come out of Ireland, so speedily as aforesaid, that then the said Sir Tho. Malett shall remain no longer in Prison after his Return than until it shall appear that the said Sir John Temple is enlarged; and that then the said Sir Tho. Malett shall have his Liberty, and be absolutely freed and discharged of his said Imprisonment, and be at Liberty to go where he shall think fit or desire. If, therefore, the said Sir Tho. Malett shall truly perform so much of the said Order as on his Part is to be performed, that then this Recognizance shall be void, and of none Effect; or else to remain in Force."
Besides this Recognizance, the said Sir Thomas Malett gave his Word faithfully to this House, to render himself a true Prisoner again, in case he could not procure the Releasement of Sir John Temple, according to the aforesaid Recognizance.
Justice Mallet released.
Ordered, That Justice Malett shall be released from his Imprisonment in The Tower, without paying any more Fees; he having given Security to this House (fn. 2) to render himself again, in case Sir John Temple be not released; and that his Lady shall be permitted to go with him, and such Servants as he shall necessarily use.
Committe's for Suffolk.
"Ordered, by the Lords and Commons in Parliament assembled, That Mr. John Brandlyn, Mr. Ric'd Duncon, and Mr. Peter Fisher, are hereby added to the Committee for the County of Suffollke, and for the Town of Ipsich; and to be Deputy Lieutenants for the Town of Ipsich."
House to be called.
Ordered, That this House shall be called Tomorrow Morning, and the Lords shall have Notice to attend the House; and the Lords then shall receive an Injunction, to give their constant Attendance, or to send their Excuse in Case of Absence.