House of Lords Journal Volume 8: 26 January 1647

DIE Martis, 26 Januarii.

PRAYERS, by Mr. Salway.

Comes Manchester, Speaker.

Ald. Fowkes and the E. I. Co.

The Earl of War. and Lord Howard added to the Committee for the East India Company.

Dr. Pask's Petition.

The Petition of Doctor Pask read.

Letters from the Committee with the King;

Letters from the Earl Pembroke, E. Denbigh, and Lord Mountagu, read.

and from the Committee and Treasurers with the Scots Army.

Another Letter, from the Earl of Stamford, read.

Another Letter, from Alderman Gibbs and Mr. Noell, Treasurers for the Scots Money, read.

(Here enter them.)

Ald. Fowkes and the E. I. Co.

This Day being appointed for to proceed in hearing of the Cause of Alderman Foulke Plaintiff, and the East India Company Defendants; it was moved by the Counsel of the East India Company, "That a Commission may be granted out of the Chancery, to examine Mr. Bonnell in Holland, what is become of the Journal-book that is alledged is wanting."

And the Counsel did withdraw; and the House took the same into Consideration.

And these Two Questions were propounded to be put:

"1. Whether to go on to determine this Cause between Alderman Foulkes and the India Company before there (fn. 1) be a Commission issued out for the enquiring after the Book desired by the Counsel of the India Company?

2. Whether to proceed to hear the Cause between Alderman Foulkes and India Company?"

Then the Question was put, "Whether to have these Questions now both put?" And the Votes were even.

Then the Question was put, "Whether the First Question shall be put?" And it was Resolved in the Affirmative.

And the First Question being put, it was Resolved in the Negative.

Ordered, That a Commission be issued out of the Chancery, to examine Bonnell in Holland, what is become of the Journal which is alledged to be wanting; and that this House will hear the Cause between Alderman Foulkes and the India Company this Day Seven Weeks, without further Delay.

Message from the H. C. to fit P. M.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.

To let their Lordships know, that the House of Commons intends to sit this Afternoon, at Three of the Clock; and they would desire their Lordships would sit likewise, if it may stand with their Conveniency.

Answer.

The Answer returned was:

That this House will sit this Afternoon, as is desired.

Letter from the Committee sent to the King, that they cannot receive Him yet, on account of some Delay in the Scots quitting the Garrisons of Newcastle, &c.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.

"Haste Post, Post Haste.

"Pembrooke & Mount'y. B. Denbigh.

"Ed. Mountague.

"My Lord,

"We are now all together at Duresme; some of us got hither on Horseback last Night; others, by reason of the Length of the Journey and Foulness of the Ways, not until this Day.

"At North Allerton, where we all arrived late the 20th of this Instant January, we understood by the Earl of Stanford, Mr. Goodwin, and Mr. Ashurst, that, by reason of some Difference in the reckoning of the Days, whereof we suppose they have given you a full Account, the First Hundred Thousand Pounds appointed to be paid by the Treaty was not yet delivered, but was received by the Scotts the next Morning; which was done in our Presence: Whereupon we computed that the Scotts had still Ten Days to remove their Quarters from this Side The Tyne, and to quit the Garrisons of Newcastle and Tynmouth; and that probably they would not remove out of the Quarters which they possess all over the Bishopric of Duresme, and the confining Parts of Yorkeshire, before the full Time assigned by the Treaty, according to their Computation, be expired; which will be like to involve the Service wherein you have employed us, concerning the Reception of the King's Person, in greater Difficulties and more Inconveniencies than were expected; whilst, upon the Account of the Houses, we hoped the Scottish Army should have removed on the North Side Tyne, and the Garrison of Newcastle have been delivered, by the 25th of this Instant January: But we shall faithfully endeavour to discharge the Trust you have reposed in us in this weighty Affair, according to our Instructions; intending to be at Newcastle To-morrow Morning. And so we remain

Duresme, 22th Jan. 1646.

"Your Lordship's humble Servants,

"Pembrook & Mount. B. Denbigh. Edw. Mountague."

Letter from the E. of Stamford, about the Payment of the Money to th Scots.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore. These.

May it please your Lordship,

"I came to Yorke the 13th Day of January, where I found the Money in Telling, and did endeavour to hasten that Work; but could not prevail to get it told before Saturday Morning the 16th (the Scotts Deputy Treasurer not accounting Sunday One of the Twelve); although I did insist upon it, that, according to the Articles of Agreement, it should have been dispatched the Night before. The Money and Convoy did march upon Saturday; and I was with it at Topcliffe on Monday by Twelve of the Clock, expecting the Scotts Hostages. At Night they came: Their Names are, Sir William Kerre, Sir Arthur Forbes, Sir James Wood, William Douglasse Esquire, Alexander Strachan Esquire, and Colonel Welden. They had in their Company Twenty-one Persons and Twentyseven Horses, to whom we do give the best Entertainment this Country will afford; it being resolved by General Major Skippon and the rest of the Officers, it was very fit they should be entertained upon the Charges of this Kingdom. We having certain Intelligence that the Scotts would fetch their Money with but a small Convoy, and they agreeing that it should come no nearer than within Two Miles of this Place, did come with the Money and Hostages to this Town upon Tuesday Night, expecting that according to our former Signification to the Scotts General it should have been received upon Wednesday, which we affirmed was the last Day limited by the Articles for the First Payment: But the Deputy Treasurers of the Scotts Army, building upon their former Mistake, would not receive their Money till Thursday Morning, when it was received by Mr. John Drumond, One of the Deputy Treasurers named in the Articles of Agreement. General Major Skippon did convoy it, with Two Troops of Horse and Three Hundred Foot, Two Miles beyond this Town, where a slight Guard of about Fourteen Scottish Horse met it, and our Guard returned back to their Quarters. We have also, according to our Instructions, made Two Dispatches to the Scotts General, desiring him to give Order to that Army, not to levy any Money, or take any Thing from the Country but what they pay for; and that he would hasten the drawing their Forces Northward, and appoint a set Time for the Marching of their Forces over Tyne, and Surrendering the Garrisons on this Side that River. We daily expect his Answer, wherewith, as there shall be Occasion, I shall acquaint your Lordships; and to all your Commands yield a ready Obedience, as becometh,

North Allerton, 22January, 1646.

"My Lord,

"Your Lordship's most humble Servant,

"Stanford.

"I cannot omit to let your Lordships know the Care and Diligence of General Major Skippon and Colonel General Pointz in all Things that concern the Military Part."

Letter from the Treasurers about it.

"For the Right Honourable the Earl of Manchester, Speaker to the House of Peers pro Tempore. These present.

"Right Honourable,

"We, being hindered from telling any Money on Friday last, through the constant refusing of Mr. Aikeman the Scotts Agent to tell any from us that Day, did on Saturday in the Forenoon finish that Work, and marched the Carriages about Eight Miles; and the next Day they attained Topcliff, where they rested all Monday. staying for the Scotts Hostages, that came that Night. The next Day we came to North Allerton, having writ to Lieutenant General David Lesley, and signified our Desires to have Sir Adam Hepburne, or One of his Deputies (mentioned in the Articles), to meet us there, to receive the Money, and give us an Acquittance. On Tuesday Night late, Mr. John Drummond came to Town. On Wednesday Morning, so soon as we heard of him, we writ a Letter, to acquaint him with our Readiness to pay the Money that Day, and shewed him the Acquittance that we had prepared. The Honourable Commissioners of Parliament likewise writ to him to that Purpose; and he being come to them to give his verbal Answer, both they and we offered our Readiness to [ (fn. 2) pay the] Money, and take the Acquittance that Day: But nothing we could say would persuade him to receive it till the next Morning, being this present Day, in which we have paid to him the First Payment mentioned in the said Articles, and have received his Acquittance, in the Presence of the Right Honourable the Earl of Pembrook and others of the Honourable Commissioners of Parliament; and it is marched towards Newcastle. We have the other Hundred Thousand Pounds safe here; and wait for the coming on of the other Days expressed in the Agreement for perfecting the Work, wherein, by God's Assistance, there shall be all Diligence and Faithfulness used, according to the best Abilities of

North Allerton, Thursday, the 21th january, 1646.

"Your Honour's humble Servants,

"William Gibbs.

"Tho. Noel."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

E. of Anglesey, Leave to travel.

Ordered, That the Earl of Anglesey shall have Leave to travel beyond the Seas, with Three Servants.

Wotton's Words against the Parliament.

Ordered, That the Witnesses concerning Wotton shall attend this House on Wednesday next come Sevennight, to testify their Knowledge what they heard him say at Cambridge.

Lloyd to be released.

Ordered, That Richard Lloyd shall be released from his present Restraint, it being at the Desire of the Earl of Northumb. and the Earl of Pembrooke.

Rumbler, the King's Apothecary, Petition for Arrears.

Upon reading the Petition of John Rumler, Apothecary to the King; shewing, "That there (fn. 3) is much Money due to him in Arrears, for his Salary, from the King."

It is Ordered, It is referred to the Committee for the King's Revenue.

Thorn to be bailed.

Ordered, That Giles Thorne shall be bailed for Six Weeks.

Jennings's Petition, for Writings from Geer, belonging to Sir P. Vernatti.

Upon reading the Petition of Thomas Jennins; shewing, "That some Writings are in the Hands of Mr. Geere, which concerns the Estate of Sir Philip Vernatti; which said Writings ought, by Judgement of this House, to be restored to him."

It is Ordered, That it is referred to Doctor Heath, to examine what Writings are delivered to Mr. Jennyns, and what are not, and to report the same to this House; and then further Directions herein shall be given.

Hasewell and Hartford.

Ordered, That the Cause between Mr. Hasewell and Hartford shall be heard this Day Six Weeks.

Bishop's Petition, to have some Brass in Part of his Arrears.

Upon reading the Petition of John Bishop; shewing, That there is Arrears due to him, for his Service to the State; and desires that he may have some Brass which belongs to the State, lying at Faulxball, in Part of his Arrears, the said Brass not being above the Value of Ten or Twelve Pounds, which he will charge upon Accompt, in Part of his Arrears."

It is Ordered, That the Clerk of the Parliament shall view the said Brass, and give this House Account of the Quantity of it; and if it exceeds not the Value aforesaid mentioned, then the Petitioner shall have it.

Durdant's Petition.

Upon reading the Petition of Durdant: It is Ordered, To be referred to the Consideration of the Committee for the Revenue.

Popish Relics, discovered at Oxford, to be brought up.

The House being informed, "That there are divers Copes and Relics of Superstition and Poery discovered at Oxford:"

It is Ordered, That the Gentleman Usher, or his Deputy, shall take the Person that discovers them along with him, and bring the same to this House; and then this House will (fn. 3) give further Directions for the disposing of them.

Walker and Wiltshire.

Upon reading the Petition of Rowland Walker; complaining, "That Robert Wiltshire owes him, by Obligation, Fifty-three Pounds, Six Shillings, and Eight Pence; and denies to give him Satisfaction, in regard he hath the Protection of this House:"

It is Ordered, That the said Wiltshire shall assign so much out of his Arrears as will satisfy the said Debt.

Ordinance concerning Committees who have disposed of Places without Authority.

An Ordinance was brought in, concerning Committees who have disposed of Places which they had no Power or Authority to do.

It is Ordered, To be committed to these Lords following, to consider of it, and report their Opinions to this House:

Any Three, to meet on Saturday next, at Three of the Clock in the Afternoon.

Heslerton's Petition, complaining of Decrees against him.

Upon reading the Petition of Wm. Hesterton, by Isabell his Mother and Guardian; complaining of Two Orders enrolled, which keeps him from Five Hundred Pounds per Annum, One made by Mr. Justice Berkeley, and the other by the Lord Keeper Littleton; and that there be Writings kept from him by the Parties named in the Petition.

It is Ordered, That Mr. Justice Berkeley and the others named in the said Petition shall have a Sight of this Petition and return their Answers to this House by this Day Three Weeks,

Ordinance to disable sequestered Ministers.

The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for disabling Ministers that have adhered to the Enemy, and deserted the Parliament.

The House was resumed.

Message from the H. C. to sit To-morrow P. M.

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.

To let their Lordships know, that, in regard of the many urgent Occasions of the Kingdom, the House of Commons do intend to sit To-morrow, at Three of the Clock in the Afternoon; and they desire their Lordships would please to fit, if they think convenient.

The Answer returned was:

Answer.

That this House hath ordered to sit To-morrow in the Afternoon, as is desired.

Absent Lords to attend.

Ordered, That all the Lords absent shall have (fn. 4) Notice to be at (fn. 4) the House To-morrow, at Three of the Clock.

Adjourn.

House adjourned till 9^a cras.