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.
Prayers, by Mr. Herle.
Ds. Grey de Warke, Speaker.
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."
And this House Resolved, To have a Conference with the House of Commons, that, instead of Banishment, he may not remain within the Parliament Quarters.
Committee for Gloucester, &c.
Ordered, That Mr. Will. Jones of Uske be added to the Committees of Gloucester and Monmouth, &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.
And immediately the House was adjourned into a Committee during Pleasure, to take the same into Consideration.
The House was resumed: And it is Ordered, That this be read the Third Time To-morrow Morning.
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.
And accordingly a Message was presently sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
Message from the H. C. with an Ordinance, and an Amendment in the One concerning Newcastle;
A Message was brought from the House of Commons, by Mr. Pelham, &c.
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance to prevent the Plunder of the Counties by Crowland.
2. That the Word ["Civil"], in the Order concerning Newcastle, of the 1st of November, be left out.
and for a Conference about the Propositions.
3. To desire a Free Conference, touching the Matter of the late Conference concerning Propositions.
Ordered, To give a present Free Conference, in the Painted Chamber, as is desired.
The Answer returned was:
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.
Sir Rob't Rich and Mr. Page return from the House of Commons with this Answer:
That they have referred the Consideration of the French Papers to their Committee; and have appointed them to meet this Afternoon, at Two of the Clock.
Engrossing Wood and Coals.
Ordered, That the Woodmongers and Coal-merchants shall attend this House on Friday Morning next, about their 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."
The Lords went to the Conference; which being ended, the House was resumed.
And it is Ordered, That the Report of this Conference shall be made To-morrow Morning.
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.
House adjourned till 9a cras.