House of Lords Journal Volume 4
26 August 1641

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1767-1830

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'House of Lords Journal Volume 4: 26 August 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 376-378. URL: http://www.british-history.ac.uk/report.aspx?compid=35685 Date accessed: 21 April 2014. Add to my bookshelf


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DIE Jovis, videlicet, 26 die Augusti.

PRAYERS.

Poll-money due by the Lords, &c.

This Day was read the List of the Names of those Lords and Dowagers that have not paid in their Pollmoney. Hereupon it is Ordered, That the Lord Keeper shall send his Lordship's Letters to those Peers that have not already paid the Poll-money, to let them know that they are forthwith to send in their Money, according to the Statute; or otherwise they will incur the Penalty of paying double, as it is expressed in the said Act.

William Newce, about the Aqueduct Money.

Upon reading the Petition of William Newce, Esquire, shewing, "That he hath in his Hands One Thousand and Eighty Pounds of the Aqueduct Money, which he desireth to be freed of, and to be discharged of the Bonds entered into for the same;" it is thought fit, and so Ordered by this House, That, if the Ten Thousand Pounds of the Aqueduct Money be not already paid in unto the Earl of Bedford and other Lords, according to a former Order of this House, to be employed in the Fens in the Counties of Cambridge, Lincolne, etc. that then the said Mr. Newce shall forthwith pay the said Sum of One Thousand and Eighty Pounds unto the said Earl of Bedford and the Lord Paget, to the Use aforesaid, and towards the making up of the said Sum of Ten Thousand Pounds; and that the King's Attorney General shall take special Care that the said Mr. Nuce, and all others any Way engaged with him for the said Sum of One Thousand and Eighty Pounds, shall have a perfect, full, and legal Discharge, upon the Payment of the said Sum of One Thousand and Eighty Pounds unto the said Earl of Bedford and the Lord Pagett, or to their Assigns, as aforesaid.

Abuses in Wines.

Ordered, That the Reasons of the Merchants, touching the Bill concerning Wines, be annexed to the said Bill, and considered of by the Lords Committees with the said Bill.

Lord Mayor, &c. of London, and the Commonalty.

The Lord Mayor and the Aldermen of the City of London were called into this House; and the Recorder desired to be heard in the Behalf of the Lord Mayor, etc. touching the Order made lately by this House concerning the Election of One of the Sheriffs of London, which, he said, concerns very much the Government of that City; and likewise to acquaint their Lordships with some other Things which will ensue as Inconveniences to the City hereupon. Upon this, the Mayor and the Recorder and others were commanded to withdraw; and this House, taking the same into Consideration, Resolved, To hear them in any Thing which concerns the good Government of the City, or any Grievance which is likely to grow upon the City by other Occasions, but not to hear them to speak any Thing to arraign the Order of this House.

The Petition of the Lord Mayor, &c. was read; amongst other Complaints, sets forth, "that they doubt the Commons of the said City will throw off the Government of the Common Council, which tends much to the Welfare and Peace of the City, &c."

Then the Lord Mayor, Aldermen, Recorder, and the rest, were called in again; and the Lord Keeper told them, "That their Petition hath been read; and that their Lordships conceive their Order to be very just, and no ways prejudicial to either Side, being with a Saving of both Rights; therefore will hear nothing to arraign it: As for the Government of the City, the Lords are very careful of it, and commands the Lord Mayor, &c. to be so likewise; and for the Common Council, their Lordships do let them know, that they are resolved to maintain it, as tending much to the well and quiet Government of the City; and when the particular Matters of Difference between them and the Commons shall appear, this House will do what they can to settle the Differences between them."

Scandalous Ballad against the Queen Mother.

Brookes the Printer committed.

Loukes the Author sent for.

After this, John Brookes, who caused the Ballad concerning the Queen Mother to be printed, was brought to the Bar, who confessed that the said Ballad was printed for his Use, and by his Direction, but he had it of John Loukes, a Poet Hereupon it is Ordered, That the said John Brookes shall be committed to The Fleet, there to remain until the further Order of this House be known; and that John Loukes be sent for as a Delinquent, to appear before this House; and then this Business shall be taken into further Consideration; and last it is Ordered, That the said Ballads shall be burnt by the Hand of the Common Hangman.

Message to the H. C. for a Conference about preserving the Salt-petre Mines.

A Message was sent to the House of Commons, by Mr. Page and Dr. Bennett:

To desire a Conference, by a Committee of both Houses, touching the Preservation of Salt-petre Mines.

The Lord Privy Seal, the Earl of Warwicke, Earl of Newport, Bishop of Lincolne, and the Lord Kymbolton, were appointed to report the Conference.

The Subject of this Conference was:

Subject of the Conference.

"To let the House of Commons know, that, if there be no speedy Course taken, the Mines of the Salt-petre will be destroyed; therefore to desire that they would think of some Course for preserving the said Mines."

Conference reported.

This House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Privy Seal reported, "That he had delivered at this Conference what he was directed by the House."

Hatfield Level.

These Lords following were added to the Committee for the Bill concerning Hatfeild Level: videlicet,

The L. Privy Seal.
L. Chamberlain.
Comes Dorsett.
Comes North'ton.
Comes Clare.
Comes Newport.
Ds. Wharton.
Ds. Kymbolton.
Ds. Goringe.
Sir Robert Rich, and Assistants.
Mr. Page,

A Message was sent from the House of Commons, by Sir Tho. Barrington:

Message from the H. C. for a Conference about a Recess.

To desire a Free Conference, by a Committee of both Houses, touching a Recess; and further, to let their Lordships know, that, in regard of the great Affairs now to be dispatched, they intend to sit this Afternoon; and they desire their Lordships would sit likewise.

The Answer hereunto returned was:

Answer.

That their Lordships will give a Meeting, in the Painted Chamber, To-morrow Morning, at Nine a Clock, as is desired; and that this House will sit this Afternoon, at Five a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora quinta, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

A Message was brought from the House of Commons, by Sir Henry Vane, Junior:

Message from the H. C. about the Thanksgiving for the Peace,

and for a Conference about the Navy.

To put their Lordships in Mind, That the 7th Day of September next is appointed for the Thanksgiving for the happy Conclusion of the Pacification between the Kingdoms of England and Scotland; and to desire that some Way may be thought of wherein the House of Commons may join with their Lordships, for the publishing of it through the Kingdom; and further, to desire a present Conference, by a Committee of both Houses, touching the Navy.

Answer.

The Answer returned was: That, for the First Part, their Lordships are of an Opinion, that an Order be made for the keeping the 7th of September a Day of Thanksgiving by the whole Kingdom: To that Purpose, their Lordships will appoint Five Lords to meet, with a proportionable (fn. *) Number of the House of Commons, to draw up an Order to that Effect: And for the latter Part, this House will give a Meeting presently, as is desired, in the Painted Chamber.

The Lord Privy Seal,
The Lord Chamberlain,
The Bishop of Lincolne,
The Lord Wharton, and
The Lord Kymbolton,

Were appointed Committees to draw up the Order.

The Lord Privy Seal and the Lord Bishop of Lincolne were appointed to report the Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Bishop of Lincolne reported the Conference, to this Effect:

Conference about the Navy, reported.

"That the House of Commons have taken into Consideration the present Estate of the King's Navy, and they find that many Ships are laid by; and (fn. †) that no Use is to be made of them. Also they find that the Arrears to the Officers of the Navy are very great, and the Provisions of the Magazines decayed: That, for the guarding of the Narrow Seas this Year, the House of Commons set forth Ten of the King's Navy, and Ten Merchant Ships, the Charge whereof will amount to Fifty and Seven Thousand Pounds; towards the Payment whereof there is only advanced Twelve Thousand Pounds, out of the Money granted to the King for Tonnage and Poundage; and, considering that the Seamen, when they come Home, will expect their Pay, and are to remain in their Pay until they receive their Wages, which will grow to an excessive Charge, unless some Course be taken for providing of the said Fifty and Seven Thousand Pounds:

"For defraying of (fn. *) which Sum, and for discharging of other Charges of the Navy, the House of Commons are of Opinion, and desire this House to join with them in it, That the Commissioners of the Treasury do issue out Warrants to the Farmers of the Custom-House, to pay Fifteen Thousand Pounds a Month to the Treasurers of His Majesty's Navy, out of the Money received for Tonnage and Poundage, towards the raising of the aforesaid Sums; the Time to begin from the First Day of August 1641, to the First Day of December next; and that some Member of this House be joined with Two of the House of Commons, to see this done in the Time of the Recess; and further the House of Commons desires, That the Lord General may receive Directions to give Order to the Governor of Barwicke to ship the Ordnance and Ammunition there, in such Ships as shall be appointed to bring them to The Tower of London. And the like Warrant to be given to the Governor of Carlile, to bring the Ordnance and Ammunition from Carlile to Newcastle, to be shipped for The Tower. Which Ships are to be waved by One of His Majesty's Ships."

Ordered, That this House do join with the House of Commons herein.

E.of Warwick versus Sir H. Martyn.

"Whereas, upon Complaint made to this House, by the Petition of the Right Honourable the Earl of Warwicke, against Sir Henry Martyn, Knight, Judge of the Admiralty, and William Langhorne, Merchant, to be recompensed for a Ship and Goods called The Augustine, taken as Prize by a Ship of the said Earl's, about the Year 1629, and brought to Portsmouth; for Restitution of which Ship and Goods a Suit was prosecuted in the Admiralty by the said William Langhorne, in the Name of One Mezola, a Genoese, feigned and pretended only in this Case; which Suit depending, the said Langhorne, to conceal the Value of the Ship and her Lading, procured from the said Sir Henry Martyn a Commission of Appraisement ex parte, dated the 25th of June in that Year, upon which the Value was returned to be Two Thousand Four Hundred Fourteen Pounds, Six Shillings, Nine Pence; but the said Sir Henry Martyn, being desired by the said Earl to award a Second Commission, wherein he might join, to discover the true Value thereof, the Ship and Goods being alledged to have been many Thousand Pounds more worth, refused to grant the same, although the said Earl offered Security to answer for any Damage might thereby be occasioned by the perishing of the Goods, to the Party that should have Right to the same; with which Partiality and undue Awarding the one, and unjust Denial of the other Commission prayed by the Earl, and so made appear, the said Sir Henry Martyn is charged; as also that the said Sir Henry Martyn, concerning the said Ship and Goods, did assign a certain Day, but no certain Place, to give Sentence, and did, the 20th of July, in the Year aforesaid, in the Absence of the said Earl or his Proctor, give a clandestine Sentence in his Chamber, at the Instance of the said Langhorne, and awarded to him Restitution of the said Ship and Goods, as for the said Mezola, and a Commission to that Purpose the same Day the Sentence was pronounced; which the Earl could in no wise defend or oppose, being concealed from him; besides that, a Warrant was procured by the said Langhorne, to the Governor of Portsmouth, to imprison the Earl's Servants, if they opposed the same, whereby the said Ship and Goods got away, and the Earl remediless, in Case, upon an Appeal, the Sentence so made by the said Sir Hen. Martyn should be annulled, and the said Ship and Goods adjuged good Prize; which was afterwards done, but without any Fruit to the said Earl, in that the said Mezola was either a seigned Party, or, if any such Person were, yet could not the Justice of this Kingdom reach him, nor the Ship and Goods in Manner aforesaid let loose; so as the said Earl (if not righted against the said Langhorne and Sir Hen. Martyn, the said Langhorne who had the Restitution for the said pretended Mezola, or the said Sir Hen. Martyn, who gave the Sentence in Manner aforesaid; and therein, although the Ship and Goods, upon the Appraisement returned before sentenced, appeared to him to be Two Thousand Four Hundred and Fourteen Pounds, Six Shillings, Nine Pence; and although, by an Order from His Majesty and the Lords of His Council, dated the 4th of May 1627, Sir Hen. Martyn received Instructions in Writing, that, when he gave Sentence for any Party in Case of Prize or Reprisal, and Execution accordingly, he should take Security to the full Value of the Goods sentenced, to answer any Thing might be recovered by Way of Appeal; yet he directed and took only of the said Langhorne a Bond of Two Hundred Marks) is left without Remedy; against which Charge, the said Sir Hen. Martyn, pretending the Bond taken for the Two Hundred Marks was in Favour of the Earl, to quiet the said Langhorne's further pretended Damage he might demand against the Earl, and not for making good the Ship and Goods; and that the Sentence and Commission for Restitution to Langhorne, the said Earl might nevertheless have opposed it, the contrary of the First Pretence appearing, both by the Sentence and Condition of the Bond, and the Necessity of Obedience to the latter; and the said Langhorne, alledging that he stood no farther bound than in Two Hundred Marks, who nevertheless appeared, as for the pretended Mezola, and procured Restitution as for Mezola, and had the Ship and Goods delivered him, ought in like Justice be answerable for him, to pay as well as to receive." Their Lordships, upon a Report hereof made by the Lords Committees for Petitions the 18th Day of this Instant August, did Order, That the said Sir Henry Martyn and Wm. Langhorne should make their Election by Thursday come Sevennight, whether they would give Security of Six Thousand Pounds to stand to the Order of this House, or else to pay to the said Earl Two Thousand Four Hundred Pounds presently; both which they failing to do, but presenting severally their Petitions this Day to this House, Sir Henry Martyn praying thereby further Time until Michaelmas Term, but neither submitting to pay or give Security; and the said William Langhorne, by his Petition with a Testimonial annexed, endeavouring to satisfy there was such a Man as Mezola, and that he was no feigned Person, and concluding that he, being free, refused to become bound or to pay Money; both which their Lordships rejecting, it is this Day, by their Lordships in Parliament, Ordered and Adjudged, That the said Sir Hen. Martyn and William Langhorne, their several Executors, Administrators, or Assigns, shall pay, or cause to be paid, to the said Earl of Warwicke, his Executors or Assigns, the Sum of Two Thousand Four Hundred Pounds of lawful Money of England, on the Tenth Day of November next: Nevertheless, it is by their Lordships declared, That, if the said Sir Hen. Martyn can shew any Cause in Equity to the contrary by that Day, or make it appear that there is just Cause to transfer and charge all the said Two Thousand Four Hundred Pounds upon the said William Langhorne, this House will hear him therein, and take it into Consideration, and do therein as shall be agreeable to Justice.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 27m diem instantis Augusti, hora nona, Dominis sic decernentibus.

Footnotes

* Deest in Originali.
Origin. is.
* Bis in Originali.