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 Martis, 9 die Novembris.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
E. Manchester, Speaker.
Viscount Say & Seale.
Croker versus Wise.
Upon hearing the Counsel of Croker, and the Counsel of Wise:
It is Ordered, That the Writings mentioned in the Petition shall be brought into this House, by Mr. Wise, by Friday next: In the mean Time, the Counsel on both Sides shall state the Case, and attend the Judges, or any Three of them, therewith; and the Judges are to give their Opinions to this House thereupon on Friday next, "Whether, as the Case is, the Plaintiff may be relieved in any other Court or not?"
Committee to prepare an Answer to the Letter from the Scots Commissioners, desiring a Personal Treaty with the King.
Ordered, That the Letter from the Scots Commissioners, delivered last, be referred to a Committee of Lords, to consider of an Answer to be returned thereunto; and to send to the House of Commons, to desire they would appoint a proportionable Committee of their House, to join with them therein:
L. Viscount Say.
Any Three, to meet To-morrow in the Afternoon.
Gore's Ordinance to be Customer at Rye.
An Ordinance was read, to make Wm. Gore One of the Customers at Rye, void by the Death of Mr. Rob't Benlosse.
It is Ordered, To be referred to the Committee of the Revenue, to certify to this House the (fn. 1) Fitness of the said Gore for that Place.
The House was called.
Absent Lords, Notice to atattend.
And the Gentleman Usher gave the House an Account, "That all the Lords absent have had Notice to attend the House, according to the Order."
Ld. Bruce excused.
The Lord Bruce was excused, in regard of his ill Health; but is to attend the House this Day Three Weeks.
Absent Lords fined for Nonattendance.
Ordered, That One Hundred Pounds shall be set upon every Lord that hath been summoned and is not present, unless some Affidavit be made that they are not able to attend in regard of his ill Health.
Ordered, That the Lord Herbert of Cherbery is fined One Hundred Pounds, for his Absence this Day.
Ordered, That the Lord Robertes is fined-One Hundred Pounds, for his Absence this Day.
Absent Lords summoned again.
Ordered, That the Lord Viscount Hereford do attend this House this Day Three Weeks.
Ordered, That the Earl of Stamford do attend this House [ (fn. 2) this Day] Three Weeks.
Ordered, That the Earl of Bridgwater shall attend the House this Day Sevennight.
No Lord to be absent without Leave.
Ordered, That no Lord shall be absent from this House without Notice given.
Fines on absent Lords to be estreated.
Ordered, That the aforesaid Fines upon the several Lords shall be estreated in the Exchequer, unless Cause be shewed to this House to the contrary within a Week.
Message from the H. C. with Ordinances and Orders.
A Message was brought from the House of Commons, by Mr. Miles Corbett; who brought up divers Particulars, wherein they desire their Lordships Concurrence:
1. An Ordinance for Tonnage and Poundage.
2. An Order for Mr. Strickland and Mr. Jo. Ash to be added to the Committee of Foreign Affairs.
3. For Two Thousand Five Hundred Pounds, and other Monies, to the Lord of Ormond.
4. Order for referring to the Committee of Foreign Affairs the Matter of Trade.
5. An Approbation of the Articles of Truro.
6. An Order concerning the Auditors for Officers and Soldiers.
7. An Order for Nine Hundred Pounds to Officers.
8. An Ordinance for taking off the Delinquency of Wm. Burges, &c.
9. An Ordinance for taking off the Delinquency of Sir Henry Knollis.
10. An Ordinance for taking off the Delinquency of Sir Tho. Culpepper.
The Answer returned was:
That this House will take these Particulars into Consideration, and will send an Answer by Messengers of their own.
Message from the Assembly, with a Draught of a Letter to the Assembly of Scotland, for Approbation:
A Message was brought from the Assembly of Divines, by Doctor Burges, &c.
To acquaint the House, "That they have received divers Letters from the Assembly of Scotland, to which they have returned no Answer, by reason they cannot do it without the Leave of either House of Parliament: And Mr. Rutherford, One of the Assembly of Divines sent from them, is now going away; and they have framed a Draught of a Letter, which they offer to their Lordships Consideration, whether they may send it or not."
The Draught of a Letter was read; but was not approved of by this House, as it is drawn.
Not approved of.
They were called in.
And the Speaker returned then this Answer, "That the Lords do not like the Draught of this Letter; but, if the Assembly of Divines here will frame a Letter, expressing nothing but Courtesies, Civilities, and Respects, to the General Assembly of Scotland, and to Mr. Rutherford, and tender the same to this House, their Lordships will consider of it."
House adjourned till 10a cras.