House of Lords Journal Volume 4
6 September 1641

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1767-1830

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'House of Lords Journal Volume 4: 6 September 1641', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 388-390. URL: http://www.british-history.ac.uk/report.aspx?compid=35690 Date accessed: 30 July 2014.


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DIE Lunæ, videlicet, 6 die Septembris.

PRAYERS.

Justice Berkley to be turned over to the next Sheriff.

Ordered, That Justice Berkley, being now a Prisoner with John Towse, Esquire, one of the Sheriffs for the City of London (who is now to go out of his Shrievalty), shall be transferred over by the said Mr. Towse unto Mr. George Clarke, who is to succeed him in his Shrievalty, and is to inhabit in the said House where the said Mr. Justice Berkeley now is, who shall be under the same Restraint as he was under Mr. Towse.

Sir Jo. Corbett versus the E. Bridgewater, et al.

Whereas an Impeachment was lately brought up from the House of Commons, on the Behalf of Sir John Corbett, Baronet, against the Right Honourable the Earl of Bridgwater, the Lord Privy Seal, the Archbishop of Cant. the Lord Cottington, the Lord Newburgh, Sir Henry Vane, and Sir Francis Windebanke, Knights, and Secretaries of State; it is Ordered, That the said Impeachment shall be proceeded in, the Second Tuesday in November next, in the Morning, in this House, at the Bar; at which Time the Parties impeached are to make their Answers to the said Impeachments.

Order about the Plague in Westminster.

It was moved (in regard the Plague increases in Westm. and London, and the Suburbs thereof), That a select Committee of Lords may be appointed, to meet with a select proportionable Number of the House of Commons, to consider of and peruse some Orders formerly made by the Lords of the Council, and the Starchamber, for the well-ordering of the Persons that are infected with the Plague, and to prevent (fn. *) the dispersing of the same; and such Orders as they shall think fit to be put into Execution, to present them to this House, to be considered of. These Lords following were appointed Committees for this Purpose: videlicet,

Comes Denbigh.
Comes Clare.
Comes Portland.
Epus. Lincolne.
Ds. Pagett.

Their Lordships, or any Three of them, to meet presently, in the Painted Chamber.

Message to the H. C. for a Conference concerning former Orders of Council, etc. about the Plague.

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

To desire a present Conference, by a select Committee of both Houses, touching the perusing of some Orders formerly made by the Star-chamber and the Councilboard, for preventing the dispersing of the Plague.

Letter from the Lord General.

After this, was read a Letter to the Lord Keeper from the Lord General, dated the 31st of August, 1641.

Letter from the King, about the Treaty.

Likewise the Copy of a Letter was read, sent to the Lord General from the King in Scotland, concerning the Consummation of the Treaty, and the disbanding of both Armies.

Letter from Lord Howard.

Also another Letter was read, sent from the Lord Howard to the Lord Chamberlain.

Letter from the Lord General.

And another Letter was read, sent from the Lord General to the Lord Keeper, dated 3 Septemb. with a Copy of Instructions given by his Lordship to the Lord Grandison, who is sent into Scotland, to see the Scotts Army disbanded; the Lord of Maithland being sent from Scotland, to see our Army disbanded.

Hereupon it was Resolved, That the Letters and Papers now read shall be communicated to the House of Commons by a Conference.

Money for the Navy.

Upon Request of the Lord High Admiral, made in his Behalf this Day unto the House; it is Ordered, That, in the Absence of his Lordship, the Earl of Warwicke shall be joined with Two of the Members of the House of Commons, to dispose of the Fifteen Thousand Pounds a Month, which is to be paid out of the Subsidy of Tonnage and Poundage granted to His Majesty this present Parliament, commencing from the First Day of August last past, and to continue until the First Day of December next, for the paying of the Charges of the Navy set forth this Year, by Order of the House of Commons, and other Charges thereunto belonging.

General Order for conveying Money to the Army.

Ordered, That the Clerk of the Parliaments shall have full Power and Authority, by virtue of this Order, to issue forth Orders, as formerly were granted by this House, upon all Occasions of sending down Money to the King's Army in the North, for the pressing of Carts and safe conveying the Treasure to the Army; and this to be done in the Time of Recess, without any further Order or Directions herein.

Stevens and Porter versus Abbott.

Ordered, That Renalson, Esquire, one of the Sheriffs for the City of London, shall forthwith, upon Sight hereof, seize upon Part of the Goods of Edward Abbotts, which were brought into this Kingdom in the Ships called The London of London, and The William and Thomas of London, or either of them, and shall forthwith pay, or cause to be paid, unto John Stephens and Thomas Porter, Masters of the said Ships, all such Sums of Money as are really and truly due unto them for the Freight and Charges by them disbursed upon the said Goods so brought over by them as aforesaid; and, after that the said John Stephens and Thomas Porter shall be so satisfied, then the Residue of the said seized Goods shall remain (fn. *) to be employed towards the Satisfaction of the rest of the Creditors of Edward Abbott, according to Law.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C.

That they will give a present Meeting, by a select Committee, to peruse the Orders made concerning the Plague.

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

Message to the H. C. for a Conference concerning Letters from the Lord General and Lord Howard;

and about Money for the Navy.

To desire a present Conference, by a Committee of both Houses, touching Letters from the Lord General and the Lord Howard: Also to let them know, that this House hath appointed the Lord Admiral to join with Two Members of their House, to take Care for the disposing of the Fifteen Thousand Pounds a Month, which is to be paid out of the Tonnage and Poundage Money, for defraying the Charges of the Navy this Year; and, in his Lordship's Absence, have appointed the Earl of Warwicke to supply his Place.

Pasfield at the Suit of Warren and others.

Whereas the Petition and Cause of Roger Warren and others, Complainants, against George Pasfeild, Defendant, is, by Order of this House, referred to the Consideration of the Lord Chief Justice of the King's Bench, and that the said George Pasfeild is now upon his going to Sea: Whereupon it is Ordered, That the said Pasfeild shall give in good Security to this House, that he shall abide and stand to such Order as the said Lord Chief Justice shall make in this Cause, provided that the Parties shall have Warning of the Time of Hearing of the said Cause; which Order (fn. *) is made by the Consent of both Parties.

Pasfield's Recognizance.

Roulandus Willson, de London, Vintner, Richardus Best, Edwardus Bellamy, Alex. Wildinge, & Guil. Greene, de London, Mercatores, recognoverunt seipsos debere Domino Regi Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, et cujuslibet eorum, ad usum Domini Regis, etc.

The Condition of the abovesaid Recognizance is, That, if George Pasfeild (notwithstanding his Absence in Foreign Parts) shall stand to and abide such Order as the Lord Chief Justice of the King's (fn. †) Bench shall make, in the Cause referred unto him by the Lords in Parliament, between Roger Warren and others, against the said George Pasfeild, that then this Recognizance shall be void; or else to remain in full Force and Virtue.

Censure a gainst the Rioters for molesting the French Ambassador.

Whereas it appeared, by the Certificate of the Justices of Peace, and by Proof of Witnesses viva voce this Day at the Bar, upon full Examination of the Business, "That Christopher Crooke, Jo. Symons, Richard Clarke, Jo. Bride, Gyles Phillips, and Roger Gardner, were principal Actors in committing the great Outrages and Assault upon the French Ambassador's House in Lincolne Inn Fields, as flinging of Stones, and assaulting the said House, to the great Molestation and Dishonour of the said Ambassador, which this House is very tender of;" it is Ordered, That the Delinquents aforesaid shall forthwith stand committed to New Bridewell, there to remain until their Masters, or some others, shall be Sureties for their good Behaviour, and that they appear at the next Sessions for Middlesex: Furthermore, That the aforesaid Offenders shall stand on Pillories, on Wednesday next in the Morning, for an Hour's Space, before the said Ambassador's House (without being nailed), and shall publicly ask Forgiveness, upon their Knees, unto the Ambassador; after which they shall be whipped before the said Ambassador's Doors, and along the Fields and Streets thereabouts: And lastly, it is Ordered, That Mr. Longe, Mr. Sheppard, Mr. Whitaker, and Mr. Hooker, His Majesty's Justices of the Peace, together with the Sheriff of Midd. (who is to put this Order in Execution) shall take special Care that there be a sufficient Guard about the Ambassador's House, to prevent such Tumults, that so the Peace may be kept, during the Time of the Execution of this Order.

The Messengers return with this Answer from the House of Commons:

That they will send an Answer, concerning the Conference, by Messengers of their own; and for the latter Part of the Message, they will appoint two Members of their House, to join with the Lord Admiral.

Pannet, for a Tumult against the Portuguese Ambassador, sent for.

After this, the House was informed by Mr. Justice Hooker, "of a great and disorderly Tumult of People gathered together Yesterday in the Afternoon, in Time of Divine Service, before the Portingall Ambassador's House in Lincolne Inn Field, to his great Fear (fn. †) and Molestation, occasioned by one William Pannet, who pretended to be deputed by one Charles Wright, a Messenger, to apprehend (by virtue of an Order of the House of Commons) such as goes to Mass; but that Pannet, refusing to shew by what Authority he did it, was warned by Justice Hooker to attend this House this Morning;" but he disobeying that Command, it is now therefore Ordered by this House, That the said William Pannett shall be sent for as a Delinquent, to appear before this House on Wednesday next in the Morning, to answer to such Complaints as shall (fn. *) be laid against him concerning this Business.

A Message was brought from the House of Commons, by Mr. Stroude:

Message from the H. C. to sit P. M.

That the House of Commons inttends to sit this Afternoon, at Four a Clock, at which Time they will give their Lordships a Meeting touching the Letters sent from the Lord General; and they desire this House will sit likewise.

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, hora 4a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Punishment of the Rioters against the French Ambassador remitted, at his Request.

It was signified to this House, by the Lord Chamberlain, "That the French Ambassador hath been with his Lordship, understanding what Order this House had made concerning the punishing of those Persons that lately assaulted his House, and desired his Lordship to present to this House his humble Thanks for the same; but makes his Request that their Lordships would be pleased that the Execution of the Order may be spared, and that no further Prosecution may be therein:" Hereupon it is Ordered, That the Whipping be spared; and that it be signified to the Offenders, that it is remitted at the Request of the said Ambassador.

Sir Phillip Cartere t versus Samarye, for a Disturbance in Jersey.

Upon Information this Day unto the House, "That Sir Phillip Carteret, Knight, Deputy Governor of the Isle of Jarsey, hath lately received some Affront and Opposition by one Captain Sameryes, who had a Command of a Captain's Place under him in the said Isle, which said Captain Samaryes hath also been the Cause of a Mutiny there, about the Election and Choice of Officers, to the great Disturbance of the Isle; for the Redress of these Complaints, Sir Phillip Carteret desires to understand the Pleasure of this House, when he might have Leave to attend this House:" It is Ordered, That the said Sir Phillip Carteret is hereby licensed to come up to the Parliament, at such Times as he in his own Experience and Judgement thinks it fittest and securest for that Charge reposed in him, that so the said Island may be left in Safety; at which Time the said Captain Sameryes (having Six Days Notice before) is, by virtue of this Order, to attend the Lords in Parliament, together with the said Sir Phillip Carteret; and hereof the said Captain Sameryes is not to fail, as he will answer the contrary.

Cundall's Building in the Old Palace at Westminster stayed.

Upon Signification this Day to this House, "That one Arthur Cundall, or his Assigns, are now erecting a House, upon a new Foundation, in The Old Palace of Westm. upon a Parcel of Ground belonging to a House of His Majesty, which is now in the Possession of the Clerk of the Parliaments, by Letters Patents for Life, although several Orders have heretofore been made by the Lords of the Council to prohibit any Buildings upon the said Ground:" It is thought fit, and so Ordered, That the said Building shall be instantly stayed; and that, if any shall presume to go on with the same, that the Justices of the Peace for the City of Westm. and such Officers as they shall call to assist them, shall commit the Workmen to Prison that shall disobey this Order, until the Pleasure of this House be further known.

Dr. Scott and Wallance's Cause.

Ordered, That the Cause between Doctor Scott, Dean of Yorke, and Brian Wallance, shall be heard before the Lords Committees for Petitions on both Sides, the Sixteenth of November next.

Bergine and Warner, concerning the St. John of Lubeck.

Ordered, That the Artificers and Workmen that have been lately employed upon the Ship called The Saint John Baptist, late of Lubecke, and now of London, being yet unpaid, and in especial Peter Bergine, a Dutchman, shall, upon the Sale thereof, be fully paid their due Debts, by the Lord High Admiral or his Marshal, after that George Warnor shall be satisfied, according to an Order of this House, dated the Thirteenth of August last, what is really and truly due unto him out of the said Ship; and the Remainder of the Monies, after Satisfaction so given as aforesaid, shall be paid unto Robert Armestead or to his Assigns.

Conference about the Letters from the Ld. General and Ld. Howard.

Notice being given that the House of Commons were in the Painted Chamber, ready to give their Lordships a Conference;

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

Were appointed to speak at the Conference, and report the same.

Conference reported.

Then the 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, at this Conference, they had communicated the Letters that came from the Lord General and the Lord Howard."

Then

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 8m diem instantis Septembris, hora nona, Dominis sic decernentibus.

Footnotes

* Origin. to.
* Origin. to the.
* Bis in Originali.
Deest in Originali.
* Deest in Originali.