House of Lords Journal Volume 7: 12 April 1645

Die Saturni, 12 die Aprilis.

PRAYERS, by Dr. Burges.

Ds. Grey de Warke, Speaker:

Sir H. L'Estrange and Mr. Clench, petition to be heard before they are sequestered.

Upon reading the Petition of Sir Hamon L'Estrange and Rob't Clench, Gentlemen; complaining, "That they are in Danger of being sequestered without being heard, contrary to the Articles made by the Earl of Manchester at the Taking of Lynn."

It is Ordered, That this Petition be sent down to the House of Commons; and to desire their Concurrence, that this Petition may be referred to the Committee of Lords and Commons for Sequestrations, that so the Particulars may be examined, that they may have Power to hear and determine the Business; and, in the mean Time, all further Proceedings against the Petitioners to be stayed.

Wise, a Prisoner in the King's Bench, to desist disturbing the Earl of Pembrook's Possession of Sutton Marsh.

Upon Information this Day to this House, "That one Wm. Wise, a Prisoner in the King's Bench upon Execution, hath obtained some undue Liberty to go down into the Country, and thereupon is gone into the County of Lyncolne, to make some Disturbance of the Possession of Sutton Marsh, and the Payment of the Rents of the Tenants thereof, which, by an Order of this House, of the 26th March, 1644, was settled upon the Right Honourable Phillip Earl of Pembrooke and Mountgomery, by Way of Sequestration, until the Suit depending in this House concerning the said Sutton Marsh be determined; with Power to the said Earl, to set and rent the Lands, and to maintain the Banks and Sluices, and for receiving the said Rents of the Tenants; and, in case of any Riots and Tumults, the Militia thereabouts should be aiding and assisting to the said Earl of Pembrooke:" And it was now further informed, "That the said Wise doth threaten the said Tenants with the Destruction of the said Marsh, if they pay not their Rents to him."

It is thereupon Ordered, That the said Wm. Wise shall forbear to disturb the said Tenants, or any of them, or any of their Possessions in the said Marsh, or to exact any Rents for the same, or to do any Hurt or Destruction to the Banks or Works in or about the said Marsh; and that, if the said Wise shall attempt any Thing to the contrary hereof, that then he shall, by virtue of this Odinance, (fn. 1) be attached, and brought up before this House, to answer.

Griffith removed to Newgate.

It was reported from the Committee concerning Mr. Griffith's Business, "That, upon some Examinations, it appears that there are soul and capital Matters which will be charged against him; therefore it was offered to the House, that he might be removed from the Prison of The Fleete, to a safer Place."

Hereupon this House taking into Consideration that the Prison of The Fleete is not so safe a Place, nor so proper for Persons that are charged with Capital Offences: It is Ordered, That the said John Griffith shall be forthwith removed from The Fleete, to the Prison of Newgate, there to be kept in safe Custody.

Message from the H. C. to acquaint them with it; and with Sir H. L Estrange's Petition;

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To deliver the Petition of Sir Hamon Le Strange, &c. with the Sense of the House upon it.

2. To let them know, that their Lordships, considering that the Prison of The Fleet is neither safe, nor a proper Place, for Persons that are charged with Capital Offences; therefore their Lordships think it fit to remove him to the Prison of Newgate.

and about the French Minister's Complaints.

3. To desire their Concurrence in the Order made by this House the 4th of this Instant April, concerning giving Power to the Committee of Foreign Affairs to hear the Matters complained of by the French Resident.

Ordinances passed.

These Ordinances following were this Day read Thrice:

1. Sir Richard Stone's Ordinance.

2. Mr. James Altam Esquire.

3. John Clarke's Ordinance.

4. Sir Ric'd Norton's Ordinance.

5. Christopher Rose's Ordinance.

6. Thomas Hudson's Ordinance.

7. John Covert's Ordinance.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree in the Order for (fn. 2) giving further Power to the Committee to treat with the French Resident: To the other Particulars, they being now engaged in Matters of great Consequence concerning the State, therefore will send an Answer by Messengers of their own.

Cause of Col. Keys's Consinement to be enquired into.

Upon reading the Petition of Colonel Keyes, Prisoner in the King's Bench: it is Ordered, That the Keeper of the King's Bench shall attend this House on Monday Morning, to give an Account for what Causes the said Colonel Keyes lies there for, and by whom prosecuted.

Message from the H. C. for Committees to treat with the Spanish Minister, about preventing the English Ships being taken by Spaniards with the King's Commission;

A Message was brought from the House of Commons, by Mr. Greene, &c.

To desire (fn. 3) Concurrence in these Particulars:

1. That the Committee of Lords and Commons for Foreign Affairs shall have Power to treat with the Spanish Ambassador, that some Course may be taken, to prevent the taking the Ships or Goods belonging to the Subjects of this Kingdom by Persons employed in Spanish Vessels commissionated by the King of England; and for the Restitution of the Ships and Goods that have or shall be taken by such Persons so commissioned.

Agreed to.

for appointing an Agent in Flanders;

2. That the Committee of Lords and Commons for Foreign Affairs shall have Power to consider of and appoint an Agent, or Consul, to lie in Flanders, to take Care of and act the Business of the Kingdom, according to such Instructions as he shall receive from both Houses.

Agreed to.

for the Committee of both Kingdoms to consider of the Paper of The States Ambassadors;

"3. Ordered, by the Lords and Commons in Parliament assembled, That it be referred to the Committee of both Kingdoms, to consider what is fit to be done upon this Paper presented this Day to the Houses by The States Ambassadors, in the same Manner as the former Paper was referred; and, upon Consideration of these Papers, and of the whole Translation, between the Two Houses and The States Ambassadors, to make a full Narrative."

Agreed to.

and with Ordinances.

4. An Ordinance for Payment of Monies to the Garrison of Poole and Weymouth, out of the Excise, for Six Months. (Here enter it.)

Read Thrice, and Agreed to.

5. An Ordinance for Payment of Eight Thousand Pounds, out of the Excise, to Sir H. Vane Junior, at Eight Months End, for setting out Ships.

(Here enter it.)

Read Thrice, and Agreed to.

6. An Ordinance concerning the Commissioners of the Custom-house.

Read Twice, and committed to the Committee of the whole House.

7. An Ordinance for settling Mr. Goodwyn in the Vicarage of Watford, and Mr. Dr. Burges in the Lecture at Paule's, London.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up, excepting to the Ordinances concerning the Commissioners of the Custom-house, and Dr. Burges and Mr. Goodwin; concerning which, they will send an Answer by Messengers of their own.

Ordinance for paying Monies to the Garrisons of Poole and Weymouth, out of the Excise, for Six Months.

"The Lords and Commons in Parliament assembled, taking into serious Consideration the many pressing Necessities of the Garrisons under their Command, in the County of Dorsett, and Town and County of Poole; for Relief whereof, One Hundred Forty-seven Pounds, Six Shillings, and Five Pence, collected by Way of Excise, hath been paid by the Sub-commissioners of that Place, unto Colonel Cely, Governor of Lyme; as also Eighty-eight Pounds to Colonel Syddenham, Governor of Weymouth, besides Thirty Pounds taken away from the said Commissioners by the common Enemy at Weymouth, in a hostile Manner; do Ordain and Declare, That One Moiety of the Monies hereafter growing upon the Receipts of Excise, in the County and Place aforesaid, shall, during the Space of Six Months next after the Date hereof, issue out, and be paid by the said Sub-commissioners, for Relief of the said Garrisons, in such Manner as the Committee of Lords and Commons for the Western associated Counties shall direct and appoint; and that the respective Receipts of the said Colonel Cely and Colonel Syddenham, for the said One Hundred Forty-seven Pounds, Six Shillings, and Five Pence, and Eighty-eight Pounds, shall be a sufficient Discharge to the Chief Commissioners and their Subcommissioners, as for so much already paid to the Use aforesaid; and also the Receipt of such Governor or other as the said Committee shall appoint, for the Monies to be raised for the Six Months following from Time to Time respectively, shall be their like sufficient Discharge in that Behalf: And it is Declared and Ordained, That the said Thirty Pounds, taken from the said Sub-commissioners at Weymouth, they bringing in the same as a Loss to the State upon their Oaths, shall be allowed by the Chief Commissioners and Auditors in that Behalf."

Ordinance for 8000l. for fitting out extra Ships.

The Lords and Commons in Parliament assembled, having caused several Ships to be taken up for the Service of the State, over and above the Ships appointed for the Summer's Fleet, the Charge of which Ships will amount unto Eight Thousand Pounds: It is therefore Ordained and Declared, That Eight Thousand Pounds be charged upon the Receipts of the Excise; and that the Commissioners of Excise do make Payment thereof out of the said Receipts, at Eight Months End; and the said Eight Thousand Pounds be paid unto Sir Henry Vane Junior, Knight, Treasurer of the Navy, or unto the Treasurer of the Navy for the Time being, for the Use aforesaid; whose Receipt shall be a sufficient Discharge for the said Eight Thousand Pounds unto the said Commissioners of Excise; and Notice of this Ordinance is to be given to the Commissioners of Excise, to the Intent the same may be registered with them."

Adjourn.

House adjourned till 9^a cras.