Die Jovis, 23 die Januarii.
PRAYERS, by Dr. Temple.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ordinance for an Allowance for the Minister of Oakingham.
Ordered, That the Committee concerning the Minister of Okingham shall meet on Saturday next, in the
Afternoon; and the Parties on both Sides, that are
concerned therein, are to attend the said Committee;
and the Lord Howard is hereby added to be of that
Lady Paget's Assessment.
Upon reading the Petition of Lettice Lady Pagett;
complaining of "the great Assessment which she is
assessed at by the Committee at The Savoy, upon the
Ordinance for Supply of the Army, beyond her
Proportion; her Estate lying in the Counties, where
she pays all Assessments, and her Tenants have been
(fn. *) plundered."
And in regard she is a Peeress, and but a Lodger in
Westm. It is Ordered, That some of that Committee
shall attend the Lord Admiral, Lord North, Lord Grey,
and the Lord Howard, on Saturday Morning, and give
them an Account concerning this Business, and upon
what Ordinance they made this Assessment; and the said
Lords are to report the same to this House; and in the
mean Time all Proceedings, by Distress or otherwise, be
Le Cœur and Legay.
Upon reading the Certificate of Dr. Aylett, concerning the Business between Monsieur Le Cœur, Merchant
Stranger, and Fairefaix and Legay. (Here enter it.)
It is Ordered to be recommended to Mr. Justice
Bacon, before whom the Action depends, that he take
moderate Bail in this Business.
Papers from the King, concerning the Treaty.
The Lord Wharton reported, "That they have communicated the Papers to the Scottish Commissioners
which came from the King Yesterday, concerning the
Ordered, That it is hereby referred to the Committee of both Kingdoms, to take into their Consideration the Papers which were received from the King,
concerning the Treaty; and, after Consideration thereof,
to report their Opinions to the Houses.
A Fast to be observed, for the Success of the Treaty.
Ordered, That the next Fast be kept by both
Houses, and within the Lines of Communication, upon
Tuesday next, because Wednesday is appointed for
the Commissioners to go to Uxbridge about the Treaty;
and all Ministers are hereby desired, in especial Manner,
to beg God's Blessing upon the said Treaty, that the
Issue thereof may be to the Glory of God, and the
Advancement of Religion, and the settling of a happy,
safe, and well grounded Peace, in all these Dominions.
Message to the H. C. to concur in it; and to refer the Papers concerning the Treaty.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To desire their Concurrence in the Order for referring the Consideration of the Papers for the Treaty to
the Committee of both Kingdoms.
2. To desire their Concurrence in the Order for keeping the Fast on Tuesday next.
Earl of Denbigh's Complaint against Capt. Stone, & al. Committees for Stafford.
Upon Information to this House, "That the Witnesses of the Earl of Denbigh
(fn. *) are now in Town; and
in regard the Business of the Complaint of the Earl
of Denbigh, against some of the Committees of the
County of Stafford, is not to be heard until the Earl
of Denbigh return back from the Treaty at Uxbridge,
the Witnesses will suffer much by their Attendance
so long; therefore it was desired, that some Course
might be taken, that the Witnesses now in Town
may be examined."
Hereupon this House appointed, the Earl of Kent,
Earl of Stamford, Lord North, and the Lord Grey, or
any Two of them, shall examine the Witnesses of the
Earl of Denbigh upon Oath (they coming (fn. †) To-morrow
Morning to be sworn at this Bar); and the Defendants
shall have Liberty to cross-examine any of the Witnesses, if they think fit.
This Committee to meet when they please, and to
adjourn from Time to Time, as they shall see Cause.
Message from the H. C. for a Conference about Lord M'Gwire's Trial; for Committees to meet for treating with The States Ambassadors; and with an Order for Arms for Sir John Price.
A Message was brought from the House of Commons,
by Sir Henry Mildmay Knight, and others:
1. To desire a Conference, by a Committee of both
Houses, so soon as it may stand with their Lordships
Conveniency, concerning the Trial of the Arch Rebel
of Ireland, the Lord Magwire.
2. To desire their Lordships would please to appoint
the Lords Committee, to meet with the Committee of
the House of Commons that were appointed to treat
with The States Ambassadors, to consider of the Depredations that have been made by the Subjects of The
United Provinces upon the Subjects of this Kingdom,
and present the same to The States Ambassadors.
3. To desire Concurrence in this Order following:
"Ordered, by the Lords and Commons assembled
in Parliament, That Three Hundred Pair of Pistols
and Holsters, and Seven Hundred Swords, be provided, upon the Credit (fn. *) at Haberdashers Hall, to be
re-paid at Three Months End, and sent to Sir John
Price, for the Encouragement of the Parliament's
Forces in the Parts of Mountgomeryshire, and the Parts
adjacent, and those that do adhere to them."
The Answer returned was:
That this House will give a present Conference, in
the Painted Chamber, as is desired; and that the Lords
Commitee that treated with The States Ambassadors shall
meet with the Committee of the House of Commons
this Afternoon, as they desire; and that this House
agrees to the Order for providing Arms, to be sent to
Sir John Price.
Message from the H. C. for the Committee of both Kingdoms to consider the Papers concerning the Treaty.
A Message was brought from the House of Commons,
by Sir Henry Vane Knight, &c.
To desire their Lordships Concurrence, that the Committee of both Kingdoms may have Power to take into
Consideration the Papers that came from the King Yesterday, concerning the Treaty; and that they do report
their Opinions thereof to the Houses.
Ordered, That this House (fn. †) agrees with the House
of Commons in this Message.
The Answer returned was:
That this House agrees with the House of Commons
in this Message.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:
That they will send an Answer to the Message they
carried, by Messengers of their own.
Directory for Church Government.
The Paper of the Government of the Church was
read the Second Time, and Ordered to be taken into
Consideration To-morrow, by a Committee of the whole
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Examination of Mr. Thayne's Business, by the Committee at Haberdashers Hall.
Ordered, That One Lord at the least be present at
the Examination of the Business concerning Alexander
Thayne Esquire, Gentleman Usher attending this House,
by the Committee of Haberdashers Hall; and the Lords
of that Committee are to give an Account to this House
of the Proceedings of that Business.
Report of the Conference about Lord M'Gwire's Trial.
The Speaker reported the Effect of this Conference
concerning the Lord Magwire.
Hereupon this [ (fn. ‡) House Ordered], That all Orders
and Proceedings concerning the Lord Magwire, made in
this House, shall be vacated; and all Proceedings in the
King's Bench to be in the same State and Condition as
they were if nothing had been done by this House.
Le Coeur, Legay, and Fairfax.
"According to an Order from the most Honourable
the Lords in Parliament assembled, of the 20th of
January Instant, made upon the Petition of William
Le Coeur, whereby I am required to consider of the
said Petition, and make Report thereof to this Honourable House, I have called before me the Parties
mentioned in the said Petition; the Keeper of the
Prison of The Poultry Compter, London, producing before me the Petitioner William Le Coeur his Prisoner,
together with the Causes of his Detainer, being Four
several Causes of Actions; videlicet, Three Writs of
Latitat out of His Majesty's Court of King's Bench,
the First at the Suit of Daniell Fairefax, the Second
at the Suit of Isaac Legay, the Third at the Suit of
Martin Bently and Katherin his Wife, Sister and Administratrix of Anthony Howper deceased, in the Petition mentioned; the Cause of the Two First Actions
are (as they say) for scandalous Words against them
as Merchants, videlicet, for saying, "They were all
broken Men; and that they were the greatest Robbers, Cozeners, and Cheaters in the World; and that
the said William Le Coeur had arrested them for One
Hundred Thousand Pounds, and would have them
hanged before The Exchange;" which (fn. *) Words the
Petitioner denies as they are charged; but confesseth
that he privately told One of their Friends, "That,
if they had done such Things in France, they would
have been accounted the greatest Cozeners and Cheaters in the World;" and confesseth, "That he hath
brought a Suit against them for One Hundred Thousand Pounds, in His Majesty's Court of King's Bench;"
and the Third Latitat is at the Suit of the said Martin
and Katherin Bently, as Administratrix of the said
Hooper deceased, for detaining of the Estate, Books,
and Papers, of the said Deceased, amounting (as they
say) to Fifty Thousand Pounds; the said Bentley further affirming, that he was informed that the Petitioner Le Coeur was about to depart the Kingdom,
which the Petitioner also denies, and offers Oath that
he hath no such Intention; to which Three Actions
the Parties Complainants did (as I am informed, and
Oath offered) require great Bail; videlicet, Fifty
Thousand Pounds apiece to every of the said Actions:
The Fourth and last was, by a Writ of Latitat, at the
Suit of the Lord Mayor and Commonalty of the City
of London, which Writ the Attorney of the Plaintiffs, who brought the same, saith, "That the
Name of Le Coeur was mistaken," and sends to me a
Discharge of that Action under the Hand of the Secondary of the said Compter; so as now the Petitioner Le Coeur stands only charged and detained in
Prison upon the Three First Latitats, whereof Two
of them are for Words; and the Third for the
Books, Papers, and Estate, of the said Hooper as
aforesaid; so as in Effect all the Three Actions depend
only upon Words: For it appears to me, upon Accompts made and perfected in the Life-time of the
said Hooper deceased, by Reference to Merchants,
that the said Hooper was then indebted to the Petitioner in very great Sums of Money; for Satisfaction
of which Debts, the said Hooper, by his Deeds, in
his Life-time, made over his whole Estate, as appears
by the said Deeds; for Remedy wherein, the Petitioner hath his Suit depending in the High Court of
Chancery. All which I humbly submit to the great
Judgement of this High and most Honourable Court.