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 Martis, 30 die Septembris.
PRAYERS, by Mr. Sedgwicke.
Ds. Grey de Warke, Speaker.
Partridge, in Forma Pauperis.
Ordered, That Rob't Parteridge be admitted in Forma Pauperis, in the Court of Chancery.
Ordinance for paying Mr. Pym's Debts.
Ordered, That the Ordinance for paying Mr. Pym's Debts shall be committed to these Lords following:
Any Two, to meet this Day Sevennight, at Nine of the Clock in the Morning.
Forbunce, & al. discharged.
Ordered, upon the humble Request of John Trockmorton, That Forbunce, Chandler, and Briscoe, shall be released from their Restraint, being attached by Order of this House, for distraining the Goods of the said John Trockmorton, he being an Attendant upon this House.
Petition of Gunners, &c. Widows, for their Arrears,
Upon reading of the Petition of divers Widows and Wives of several Gunners, Artificers, and others, of the Train of Artillery, desiring "Payment of a proportionable Part of their several Arrears."
It is Ordered, That the said Petition be recommended to the House of Commons.
sent to the H. C.
And it was sent down, by Sir Edward Leech and Mr. Page, presently.
Message from thence, for a Conference on the following Particulars;
A Message was brought from the House of Commons, by Sir Wm. Lewis, &c.
1. To desire a Conference, so soon as it may stand with their Lordships Conveniency:
1. Concerning Reasons for remanding the Lord Savill to The Tower.
2. Concerning the Vote touching the Sheriff of Devon.
3. Concerning the Committees of the Eastern Association.
to dispatch the E. of Stamford's Business;
2. That whereas this Day was appointed for the Earl of Stamford's Business, to desire that it may be now dispatched and heard, because that the Witnesses are in Town.
and with Committes Names for Bucks,
3. To desire Concurrence, that Thomas Tyrrell, Ric'd Greenvile, Tho. Bulstrode, and John Wilkinson, may be added to the Committee for the County of Bucks.
4. That Mr. John West Gentleman, Mr. Draper Gentleman, may be added to the Committee for the County of Oxon.
The Answer returned was:
That this House will give a present Conference, in the Painted Chamber, as is desired; and that their Lordships are ready for the Earl of Stamford's Business; and that this House agrees to add the Persons to be Committees for the Counties of Bucks and Oxon.
Message from the H. C. with Ordinances; and with Sheriffs Names for Two Counties.
A Message was brought from the House of Commons, by Sir Wm. Waller Knight;
To desire Concurrence to these Particulars:
1. An Ordinance concerning the Prince Elector, for setting out Lands for his Subsistence.
2. That Thomas Mitton be High Sheriff of the County of Salop; and that the Commissioners of the Great Seal do grant him a Patent accordingly.
3. That John Fitz-James Esquire be High Sheriff of the County of Dorsett; and that the Commissioners of the Great Seal do grant him a Patent accordingly.
4. An Ordinance for Five Hundred Pounds, out of the Excise, for the Conductors of the Train of Artillery, late under the Earl of Essex.
(Here enter it.)
Ordinance for the Prince Elector's Subsistence.
The Ordinance for the Prince Elector's Subsistence was read Twice, and committed to these Lords following:
Any Three, to meet To-morrow Morning, at Nine a Clock; and have Power to offer to the House any Thing as they shall think fit, for the speedy Dispatch of this Ordinance.
The Answer returned was:
Answer to the H. C.
That this House will take the Ordinance for the Prince Elector into speedy Consideration, and send an Answer by Messengers of their own: To all the rest, this House agrees to them.
Persons recommended to be Judges.
The Earl of Kent reported, "That, according to the Order of both Houses, the Commissioners of the Great Seal have thought of Mr. Serjeant Roles to be a Puny Judge of the King's Bench, Mr. Serjeant Pheasant to be a Puny Judge of the Court of Common Pleas, and Mr. Serjeant Atkins to (fn. 1) be a Baron of the Court of Exchequer."
Message to the H. C. for their Concurrence.
Ordered, That this House agrees to these Persons to be nominated for Judges; and the Concurrence of the House of Commons desired herein.
Which accordingly was sent down to the House of Commons, by Sir Edward Leech and Mr. Page.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Impeachment against the E. of Stamford, & al. for asfaulting Sir A. Haselrigge.
This Day was heard the Cause of the Earl of Stamford, Henry Poulton, and Mathew Patshull, upon the Impeachment of the House of Commons formerly brought up against them, for assaulting and striking Sir Arthur Hasilrigg, a Member of the House of Commons.
Mr. Serjeant Wyld, Mr. Ellis, Sir Thomas Widrington, and Mr. Lile, were appointed by the House of Commons to manage the Evidence.
And Mr. Herne, Mr. Glover, and Mr. Hailes, were of Counsel for the Defendants.
1. The Impeachment of the House of Commons was read.
2. The Answers of the Defendants were read.
3. Then the Witnesses to prove the Charge (fn. 2) were produced, and sworn: The Names of the Witnesses were, Major Bridges, Sylus Titus, and Wm. Goode.
The Evidence being given, the Counsel for the Defendants desired some short Time to answer for the Earl of Stamford, in regard they could not have any Conference with him, because of his Indisposition of Health.
The Counsel for the House of Commons desired they might answer presently.
Both Sides withdrawing, the House took it into Consideration.
And hereupon it is Ordered, That Time shall be given till Three of the Clock this Afternoon, for the Counsel of the Defendants to give an Answer to the Matter of the Evidence.
Order for 500 l. for the Officers of the Train of Artillery, late under the E. of Essex.
"Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Five Hundred Pounds be paid in Course, out of the Receipts of the Excise, by Ordinance 11 Sept. 1643, unto Michaell Herring Merchant, to be paid to the Artificers and Conductors of the Train of Artillery, late under the Command of the Earl of Essex, towards their Arrears; and the Receipt of the said Michall Herring to be to the Commissioners of Excise their sufficient Discharge in that Behalf: Provided, That if any Person or Persons shall consent to a present Advance of the said Five Hundred Pounds, or any Part thereof, by Way of Loan, that every such Person shall be satisfied and reimbursed the several and respective Sum or Sums, so by him or them advanced as aforesaid, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of the Receipts of the Excise as aforesaid, next after other Assignments already made on those Receipts shall be first satisfied; and the Receipt of the said Michall Herring, who is hereby appointed to receive the said Sum or Sums of such as shall advance the same for the Use aforesaid, testifying the particular and respective Sum or Sums so lent, (fn. 3) together with the particular and respective Receipt or Receipts of the Person or Persons lending and advancing the same, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, for the said Five Hundred Pounds and Interest, and every Part and Parcel thereof."
House adjourned till 3a post meridiem.
PRAYERS, by Mr. Hardwicke.
Ds. Grey de Warke, Speaker.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer to the Message sent to the House of Commons:
That they agree to the Addition to the Ordinance for naming Tryers for the Classis. (Here enter it.)
2. They agree in naming the Three Judges.
To all the rest of the Particulars, they will send an Answer by Messengers of their own.
Impeachment against the E. of Stamford & al. for assaulting Sir A. Hasilriggs.
The House proceeded in the Earl of Stamford's Case; and the Counsel of the Earl of Stamford desired Liberty that Henry Poulton might be examined as a Witness, there being nothing proved against him and Patshall, for Matter of Fact.
And the Opinion of this House being craved herein; the House took the same into Consideration; and Resolved, To hear the said Henry Pulton as a Witness, de bene esse.
This Opinion being signified to the Members of the House of Commons that managed the Evidence, they said, "They did not come as Counsel, but in the Interest of the House of Commons; and they think it their Duty, in a Thing as they conceive of this Consequence, to acquaint the House of Commons herewith, and receive their further Directions herein."
Ordinance to appoint the Tryers for the Elders of the Classis in London.
"A List of the Names of such Persons as shall be, and are hereby Ordained to be, Tryers and Judges of the Integrity and Ability of such as are to be chosen Elders in the Twelve Classis within the Province of London, and of the Dueness of their Election, according to such Rules and Directions as have formerly passed both Houses in that Behalf.
"Resolved, upon the Question, &c. That in all these Twelve Classis, that which shall be done by the major Part of the Tryers that be present (not being under the Number of Seven in each Classis) shall be esteemed as the Act of all the Tryers of that Classis.
"Resolved, &c. That all the Members of the House of Commons shall be Tryers within that Classis whereof the Parish wherein they live is a Part.
"Resolved, &c. That the Peers, and the Assistants of the House of Peers, shall be Tryers within that Classis whereof the Parish wherein they live is a Part."
House adjourned till 9a cras.