Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 6 die Maii.
Answer to the Prince Elector, about the Papers communicated by him, concerning the Protestant Interest in Germany.
The Lord North reported from the Committee, what is fit to be returned to the Prince Elector, upon the Papers received from him; which was read, and approved of, and Ordered to be sent to the House of Commons:
"The Lords and, assembled in the Parliament of England, as they have great Reason, do at this present, in what your Highness hath been pleased to represent unto them concerning the State of your Affairs, in the Conditions offered unto you upon the Pacification carried on in the Empire, now more than ever resent the Interest, Right, and Honour, in the Restitution of what belongeth to your Illustrious Family; wherein considering the great friendly Mediations and Obligations which have formerly been employed from this Crown and Kingdom towards such as are and ought to be most powerful therein, we shall find it very strange and unexpected, if your Highness fall short of full Satisfaction and Restorement: Nor will we be slow to express upon all Occasions our just Resentment and Concernment in such Case, according to that Zeal which your Highness may promise yourself from our present Interest and preceding Expressions, which, to our best Abilities, we will ever prosecute, as acknowledging ourselves much imported therein. And they have ordered, That the Committee appointed for your Highness' Affairs shall have Power to receive from Time to Time, and take Consideration of, all such Particulars as your Highness shall offer as material thereunto."
Lady Vere's Ordinance for 1000l.
Alderman Pennington's, for 3000l.
Persons who owe Debts to Delinquents, and don't discover them.
It was moved, "That the House would declare their Opinion, Whether such Persons as owe Debts to Persons that are Delinquents, and do not discover it, whether they come within the Penalty of the Ordinance for Sequestration?"
E. of Northumb. owes 1500l. to Sir J. Pennington.
Message from the H. C. to sit P. M;
and about Garrisons and Forces.
Alderman Fowkes, and the E. I. Co.
The Counsel of the India Company alledged, "That whereas, by Direction of this House, there was a Commission issued out, to examine Bonnell, who was said to be in Holland; but they can have no Fruit of it, because (fn. 1) they hear that the said Bonnell is in Brasile: Therefore it was desired, that another Commission may be issued out, to examine the said Bonnell at Brasill, concerning the Journal-book."
Then the Counsel on both Sides were called in; and the Speaker, by the Direction of the House, told the Counsel, "That this House hath ordered, to proceed to hear the Merits of the Cause between Alderman Foulkes and the East India Company this Day."
"Resolved, That the Two Decrees made by the Lord Keeper Coventry, 21 Novemb. 7° Car'l. and 9 Junii, 11° Car'l. between the East India Company and John Foulkes now Alderman, being unjust, are hereby reversed.
"Resolved, That the Adventures, (videlicet,) the Principal with the Proceed thereof, which John Foulkes now Alderman had in the Stock of the East India Company, which were kept from him by colour of these Two Decrees, or either of them, be restored to John Foulkes now Alderman, with Damages after Eight Pounds per Cent. for the Adventures.
Message to the H. C. with the Papers from the Prince Elector; and about the following Particulars.
Ordinance for 1000l. to Lady Vere;
"Ordered, by the Lords and Commons assembled in Parliament, that the Sum of One Thousand Pounds, charged by former Order, to be paid to the Lady Vere, out of the Monies due to Sir John Pennington, and remaining in the Hands of Mr. Alderman Pennington, be now charged, and paid in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall; and that the former Order for the Payment thereof be discharged: And it is further Ordered, That the Acquittance of the said Lady Vere, or her Assigns, shall be a good Discharge to the Treasurers at Gouldsmiths Hall, for the Payment thereof accordingly."
and for 3000l. to Ald. Pennington.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Thousand Pounds be charged, in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall, and paid to Mr. Alderman Pennington, for Satisfaction of his Losses and Damages; and that the Acquittance of the said Alderman Pennington, or his Assigns, shall be a good Discharge to the Treasurers at Goldsmiths (fn. 2) Hall, for the Payment thereof accordingly."
L. Viscount Hereford.
Swedish Ships brought into The Downs, for refusing to strike to the English Flag in the Narrow Seas.
The Earl of Warwicke acquainted the House with divers Letters from the Vice Admiral and Rear Admiral, about the Insolencies of some Swedish Ships, which refused to strike Sail to the Crown of England, in the Narrow Seas; which caused a Fight with our Rear Admiral and they, who are now brought into The Downes by our Vice Admiral.
Message to the H. C. about them.
Ordered, That these Letters be communicated to the House of Commons, with a Desire that they may be referred to the Consideration of the Committee for the Admiralty; and that the Swedish Commissioners residing here may be made acquainted with the Business speedily.
Lady and Mr. Russell's Petition, to compound for Sir W. Russell.
Upon reading the Petition of Dame Frances Russell Wife of Sir Wm. Russell, and Thomas Russell Son to the said Sir Wm. Russell; desiring, "they may be permitted to proceed to make a Composition, for the present Interest of Sir Wm. Russell, according to the Qualification of his Exception in the Propositions."
Symonds to be attached, for not giving up Possession of Windsor Lodge.
Sir E. Sydenham's Cause.
Ordered, That the Complaint of Sir Edward Sydenham, against the Persons that were sent for by this House to answer their Contempts to the Orders of this House, shall be heard on Wednesday; and then both Sides shall be heard, and Sir Edw. Sydenham to produce his Witnesses.
Orders for Concurrence.
The Order for issuing out Commissions under the Great Seal, of Oyer and Terminer, for the several Counties, for Trial of such Persons as rob and spoil the Countries, was read, and Agreed to. (Here enter it.)
Sheriff of Oxon has apprehended Soldiers, who plundered the Country.
The Lord Viscount Say & Seale acquainted this House with a Letter sent to him from the Sheriff of Oxfordshire; intimating, "That he hath in Prison divers Cavaliers and Irishmen, that robbed in the Country."
List of Garrisons and Forces to be continued.
"Ordered, by the Lords and Commons, That it be referred to the Committee of the Eastern Association, to consider of the continuing or disgarrisoning of Langard Fort; and in case they shall think fit to continue it a Garrison, that they do consider what Number of Men will be fit to be kept there, and of the Payment of them.
Message from the H. C. with Ordinances.
Ordinances for Concurrence.
An Ordinance for Two Thousand Five Hundred Ninety one Pounds, Seventeen Shillings, and Six Pence, out of the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, to Mr. Samuell Vassall.
Message from the H. C. with Votes for securing the 200,000l. to be borrowed of the City.
To let their Lordships know, that the Committee that resorted to the Common Council of London, according to the Votes, for offering Security for the Loan of Two Hundred Thousand Pounds; the Answer of the Common Council was, "That there would be no such Sum of Money raised, unless the Security of Gouldsmiths Hall were added:" Whereupon the House of Commons have made some Votes, wherein their Lordships Concurrence is desired. (Here enter them.)
Ordinance for Colonel Rainsborough to command the Forces going to Jersey.
Lenthall and Sir W. Russell.
Order to issue Commissions for trying Soldiers who plunder the Counties.
"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners for the Great Seal of England do forthwith issue Commissions of Oyer and Terminer into the several Counties, as they shall see Cause, for the Trial of all such Persons as, in the Name of Soldiers or otherwise, do rob and spoil the Countries."
List of Soldiers going to Ireland, to be sent to the Sheriff of Oxford.
"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Derby House for the Affairs of Ireland do send down a List of such Persons as they have inlisted for Ireland, unto the Sheriff of the County of Oxon."
Soldiers who have committed Robberies in Oxfordshire to be tried.
"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners for the Great Seal of England do forthwith issue a Commission of Oyer and Terminer to fitting Persons, therein to be named, for the Trial of such Persons as have committed any Spoils or Robberies as Soldiers in the County of Oxon."
Order for 10,000l. for Relief of indigent Persons.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Ten Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, in Course, to be employed for the Relief of such poor indigent Persons as both Houses of Parliament shall think fit."
Order for 259d. 17s. 6d. to Mr. Vassall, for Commodities sent to Ireland.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Thousand Five Hundred Ninety-one Pounds, Seventeen Shillings, and Six Pence, due unto Mr. Samuell Vassall, for Money and Commodities taken in Ireland, for the Service of the Parliament's Forces there, be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, payable every Six Months; and that the Acquittance or Receipt of the said Mr. Samuell Vassall, or his Assignee, for the said Sum of Two Thousand Five Hundred Ninety-one Pounds, Seventeen Shillings, and Six Pence, shall be a sufficient Discharge unto the said Commissioners of Excise."
Votes for Security to the City, for the 200,000l. to be borrowed of them.
"That the Moiety of all Compositions made, or to be made, with Delinquents, according to the Orders, Ordinances, or Instructions, of One or both Houses of Parliament already made, for compounding with Delinquents at Gouldsmiths Hall, shall (after the Engagements already charged upon the said Compositions are satisfied) be added to the Security: Provided always, That the Houses do notwithstanding declare, That it is their Intention to reserve a Power to the Commissioners at Gouldsmiths Hall, to compound with Delinquents for Impropriations, according to such Orders or Instructions as they have or shall receive from both or either House of Parliament, for the Benefit and Advancement of the Ministry.
"That, from Friday the Seventh of this present May, no Anticipation, Charge, or Engagement, be made upon the Receipts of the Excise, until the Security be perfected; but such Sum only as shall be charged in Course, without any Prejudice to the Security.
"That, from Friday the 7th of this present May, no Anticipation, Charge, or Engagement, be made upon the Moiety of the Receipts at Gouldsmiths Hall; but such Sum only as shall be charged in Course, without any Prejudice to the Security.
"That the Common Council shall have Power to nominate Treasurers, to be approved by both Houses of Parliament, for the receiving and paying this Sum of Two Hundred Thousand Pounds, for the Service of England and Ireland, in such Manner as both Houses of Parliament shall appoint."
Order for 1000l. to Lady Moore.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds, charged by former Order to be paid to the Lady Moore, out of the Composition of Wm. Bromley, of Baggington, Esquire, be now charged and paid in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall; and that the former Order for Payment thereof be discharged: And it is further Ordered, That the Acquittance of the said Lady Moore, or her Assigns, shall be a good Discharge to the Treasurers at Gouldsmiths Hall, for the Payment thereof accordingly."
Order for 1000l. to Sir J. Dreydon and Mr. Crew.
"Ordered, by the Lords and Commons assembled in Parliament, That the Interest due, and which shall grow due, for a Thousand Pounds, lent to the Parliament, by Sir John Dreydon, Sir Christopher Hatton, and Mr. Crew, formerly charged upon Sir Christopher Hatton's sequestered Estate, be now charged upon the Receipts at Gouldsmiths Hall, in Course, until the Principal be paid."
Order to secure the Repayment of 1440l. to Sir T. Soame.
"Ordered, by the Lords and Commons in Parliament assembled, That Fourteen Hundred and Forty Pounds, the Remainder of a Debt of Two Thousand Pounds, and Interest for the same, due unto Sir Thomas Soame Knight, Alderman of the City of London, formerly advanced and lent by the said Sir Thomas Soame for the Service of the Parliament, be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, payable every Six Months; and that the said Sum of Fourteen Hundred and Forty Pounds be paid unto the said Sir Thomas Soame, or his Assignee, by the Commissioners of the Excise, as it shall fall due in Course, and Interest for the same every Six Months as aforesaid; and the Acquittance or Receipt under the Hand of the said Sir Thomas Soame, for the said Sum of Fourteen Hundred and Forty Pounds, and Interest for the same, shall be a sufficient Discharge unto the said Commissioners of Excise."
Lenthall & al. and Sir W. Russell & al.
"According to your Lordships Order of the 21th Day of April last, we have considered of the Case between Russell, &c. and Lenthall, &c. formerly referred to us: And we are of Opinion, that a Prohibition doth lie in the Case.
Farr's Affidavit, that Symonds refuses to give Possession of Windsor Lodge to the E. of Holland.
"Possession being demanded of Thomas Symons, of the Manor Lodge, in the Great Park at Winsor, for my Lord of Hollande's Use, by Francis Younge, Servant to my Lord of Holland; Thomas Symmons gave this Answer, That he would not give my Lord of Holland, nor any Man else, Possession; for the King had given him a Command to keep Possession, and Possession he would keep till he had Order from His Majesty; and that, if my Lord of Hollan' doth put him out by Force, then he will question by what Power my Lord puts him out.