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, 16 die Decembris.
PRAYERS, by Mr. Ash.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Morgan and Sir S. Scott
Ordered, That the Petitions of Mr. Morgan and Sir Stephen Scott shall be taken into Consideration this Day Three Weeks; and Sir Steven Scott to have Notice of it.
Watermens Petition, against the Number of Hackney Coaches.
A Petition from the Company of Watermen, was read, complaining against the Multiplicity of Hackney Coaches; and Ordered to be committed to these Lords following:
L. Viscount Say & Seale.
Ds. La Warr.
Any Three; to meet on Saturday next, in the Afternoon.
Report concerning The Providence.
A Report from the Judge of the Court of Admiralty was read, concerning the Ship Providence, taken by the Dunkerkers. (Here enter it.)
Ordinance for the Relief of her Owners.
Next, an Ordinance was read, for the Relief of the Owners of the said Ship; and Agreed to, and Ordered to be sent to the House of Commons for their Concurrence.
Gen. Sterling's Letters.
Ordered, That the Letters of Major General Sterlinge, in the Custody of the Clerk of the Parliaments, shall be delivered to Mr. Frost, to be made Use of by the Committee for the Irish Affairs sitting at Derby House, being in Number Thirteen.
Pascall and Spencer.
This Day the Errors in the Writ of Error between Pascall Plaintiff and Spencer Defendant were argued, by Counsel, at the Bar.
And, upon mature Consideration of the House, it is Ordered, That the Judgement given in the Court of King's Bench in this Cause is hereby affirmed; and the Transcript of the Record to be remitted into the King's Bench, that so Execution may be taken out.
Message from the H.C. with an Answer to the Scots Commissioners;—for the Commissioners to go with Bills to the King; and the Scots Commissioners to be acquainted with it.
A Message was brought up from the House of Commons, by Mr. Selden:
To acquaint their Lordships, that the Members of their House that are of the Committee of both Kingdoms reported a Paper, which they received from the Scotts Commissioners, wherein it is desired, "That the Bills which the Houses intend to send to the King may be communicated to them:" To which Paper the House of Commons have made an Answer, wherein they desire their Lordships Concurrence; and if their Lordships do agree, that then it be delivered to the Scotts Commissioners. (Here enter it.)
Agreed to upon the Question.
2. A Vote, That the Commissioners appointed to carry the Bills to the King shall go on Monday next, wherein their Lordships Concurrence is desired; and that it may be also communicated to the Scotts Commissioners. (Here enter it.)
The Answer returned was:
That this House agrees to the Votes now brought up.
Ordinance concerning Tonnage and Poundage.
The House took into Consideration the Conference with the House of Commons, concerning the Alterations and Additions in the Ordinance concerning Tonnage and Poundage.
And this House adheres to the Alteration in the 13th Page, videlicet, the Words ["House of Commons"] to be ["of both Houses"] To all the rest of the Alterations, this House agrees with the House of Commons.
Message to the H. C. about it.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Eltonheade:
To let them know, that this House adheres to the Alteration in the Ordinance for Tonnage and Poundage in the 13 Page: To all the rest, this House agrees with the House of Commons.
Account to be given of a Priest, a Coiner, and other Convicts, at The Old Bailey, reprieved.
Upon Information to this House, "That a Priest, a Coiner, and Soldiers that killed a Child, who were condemned at the last Sessions at The Ould Bayly, are reprieved:"
It is Ordered, That the Lord Mayor of the City of London do give an Account to this House To-morrow Morning upon what Grounds the aforesaid Persons were reprieved.
Skinner and Andrews.
The Errors in the Writ of Error between Skynner Plaintiff and Andrewes Defendant were argued, by Counsel, at this Bar.
And the House, upon Consideration thereof, Ordered, That the Judgement given in the King's Bench is hereby affirmed; and the Transcript of the Record to be remitted into the King's Bench, that Judgement may be taken out accordingly: And it is further Ordered, That the said (fn. 1) Skynner shall pay, to Andrewes Defendant, Five Pounds for Costs.
Hudson and Boyer.
The Errors in the Writ of Error between Hudson Plaintiff and Boyer Defendant were argued, by Counsel.
And the House, upon Consideration, Ordered, The Judgement given in the King's Bench to be affirmed; and the Transcript to be remitted into the King's Bench, that so Execution may be taken out: And it is further Ordered, That the Plaintiff Hudson shall pay, to Boyer Defendant, Five Pounds for Costs.
Smith and Simpson.
The Errors in the Writ of Error between Smyth Plaintiff and Sympson Defendant were argued, by Counsel.
And the House, upon Consideration, Ordered, That the Judgement given in the King's Bench in this Cause is affirmed; and the Transcript to be remitted into the King's Bench, that Execution may be taken out: And it is further Ordered, That the Plaintiff Smyth shall pay, to Sympson the Defendant, Five Pounds for Costs.
Answer to the Scots Commissioners Paper, desiring to see the Bills that are going to be sent to the King.
Resolved, by the Lords and Commons in Parliament assembled,
"That the Privilege, Right, and Custom [ (fn. 2) of the Kingdom] of England is, That Bills passed both Houses, to be presented to the King for His Royal Assent, are not to be communicated to any other whosoever, either in relation to Matter or Form, before His Answer thereunto given; and that there is nothing contained in any Arcicle of Treaty between the Two Kingdoms to the contrary.
"That the Houses have resolved to send their Commissioners to the King on Monday next, with the Bills and Proportions in the Instructions mentioned, according to the same Instructions communicated unto you: And the Houses desire that such Propositions as you shall judge fit and necessary for the Kingdom of Scotland may be prepared to be sent within the Time aforesaid."
"Ordered, That these Votes be communicated this Afternoon to the Scotts Commissioners, by the Members of both Houses that are of the Committee of both Kingdoms, as the Answer of both Houses to the Papers of the Scotts Commissioners, bearing Date the 14th of this Instant December, and reported the 15th."
Committees to go with them.
Ordered, by the Lords and Commons in Parliament assembled, That Monday next be appointed for the Commissioners of both Houses to go to the King, to the Isle of Wight, with the Bills and Propositions, according to the Instructions agreed upon by both Houses."
Lesley to be instituted to Warlingham.
Ordered, That Doctor do give Institution and Induction unto Mr. James Lesly Clerk, Master of Arts, to the Vicarage of Warlingham, with the Chapel of Chelsham annexed, in Com. Surrey, void by the Death of William Parker, the last Incumbent; salvo Jure cujuscunque; he taking the Covenant, and producing his Presentation under the Hand and Seal of Harman Attwood Gentleman, the undoubted Patron.
Report from the Judge of the Admiralty, about The Providence being taken, Homewardbound, by the Dunkirkers, and carried in there;—for the Owners to have Letters of Mart for Reprizals.
"May it please this Honourable Assembly,
"In Obedience to the Order of the Honourable House of Commons, of the First of November last, annexed, I have taken into Consideration the Petition of the Governor and Company of the City of Westm'r, for the Plantation of the Island of Providence, and the whole Matter depending upon it, referred to the Court of Admiralty: And I find it clearly proved, by Depositions of Witnesses, formerly taken upon Oath in the Court aforesaid, and now shewed unto me, That the Ship Providence of London (whereof Thomas Newman was Captain) having been set out to The West Indies, by the said Governor and Company, at their Charges, and returning Homewards from thence, in Anno 1638, richly laden, for their Accompt, was, in her said Return, in December, 1638, forcibly set upon, surprized, and taken, by a Dunkirke Man of War (whereof One Springlefeild was Commander), within Two Leagues of Dungenesse, upon the Coast of England, within Sight of Dover Castle, and some of the English slain outright in making Defence, and the rest of them stripped by the Dunkirkers, and beaten, and barbarously used; and then both the Men, Ship, and Goods, carried into Dunkirke, and the English there coupled together with Ropes, and carried to Prison, and put into a Dungeon.
"And it is likewise proved, that there were aboard the Ship, when she was taken, Wedges or Pigs of Gold, and Chains of Gold and Pearl, and Indigo, and Sarsaparella, and Ambergris, and Bags of Money and Plate; so that the Dunkirkers confessed, or were heard to report at Dunkirke, that the Ship and Lading was worth betwixt Thirty or Forty Thousand Pounds Sterling.
"And I find, by a Copy of the Letter of Mr. Secretary Cooke's, of the Ninth of January, 1638, to Sir Balthazar Jarrbeer, His Majesty's Agent then in Flanders, that Copies of those Depositions were sent over under the Seal of the Admiralty, and a strict Order given to demand Justice of the then Insant Cardinal, for that Insolency and Surprizal of the said Ship and Lading, and abusing and imprisoning the Men, which, as appears by the Copy of Jarrbeer's Answer, was effectually represented, both to the Infant Cardinal and the Great Officers of Justice there; but, no Remedy being obtained, a Second Letter, dated 16 Februarii, 1638, was sent from Secretary Cooke to Jarrbeere, to press it further; with Directions that he should intimate, that the Taking of the said English Ship, Goods, and Persons, upon the English Coast, was a manifest Infraction of the Treaties, and was to be accounted as Piracy and Spoil committed against Justice; and Jarrbeer was thereby required to demand Restitution of the Captain and Men, and also of the Ship and Goods, or the Value thereof, with Damages, or, in case of Denial, to let them know, that His Majesty could not deny to do His Subjects the Justice allowed by the Treaty; but; no Effect issuing thereof, the Eighth of March, 1638, His Majesty wrote His own Letter to the Infant Cardinal, setting forth this Case of Newman's, the tortuous Surprizal of the Ship and Goods upon the English Coasts by the Dunkirker, the Imprisoning and Evil-intreating the Men; and that He greatly marvelled, that not withstanding all the Instance of His Agent by His Majesty's Order, that no Redress could be obtained; and then prayed the Infant Cardinal to give His Resident a favourable Dispatch therein.
"By all which it appears, that all fair Means, Requests, Solemnities, and Circumstances, requisite by the Civil Law and Laws of Nations, were long since used, for the requiring of Justice, and Satisfaction of that barbarous Spoil committed, as is suggested in the Petition of the Governor and Company aforesaid, within the Chambers belonging to this Crown. And for that Justice cannot be obtained, as the Petitioners state it in their Petition; I do humbly conceive, that the Remedy that the Law of Nations prescribeth in this Case is, by granting of Letters of Mart or Reprizal; and that such Letters of Reprizal ought to be granted to the Petitioners, for recovering Satisfaction of their said Losses and Damages.
"But for the Manner of the Grant, where, and when, and upon what or how, or with what Limitations therein to be inserted in these Letters of Reprizal; I humbly submit it to the Honourable House, whether they will not think it meet that the same should be considered of by the Houses of Parliament, or by the Committee of Lords and Commons for the Admiralty by Direction of the said Houses; and thereupon a Warrant to issue, for the making out of such Letters; the Court of Admiralty not having Power to issue the same.
"All which I humbly submit to the Wisdom of this Honourable Assembly.
"Guil. Clerke, Judge of the Admiralty Court."
House adjourned till 10 a cras.