House of Lords Journal Volume 6
5 July 1643

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 6: 5 July 1643', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 120-123. URL: http://www.british-history.ac.uk/report.aspx?compid=37288 Date accessed: 20 September 2014.


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Contents

DIE Mercurii, videlicet, 5 die Julii.
Answer from the H. C. about Hull. E. of Carlisle's Horses to be restored. Their being taken by a Warrant from the Committee of the H. C. for Examinations, a Breach of Privilege. Message to the H. C. for a Conference about it. Withers and Fendall, for taking away the Earl of Leicester's Goods. Message to the H. C. for the Committees for Sequestrations to meet, and consider the Abuses of that Ordinance. Message from thence, to abolish superstitious Monuments; and to sit a while. Answer. Message from the H. C. with Letters, &c. for Algiers. Answer. Cuningham, a Pass. Lord Lumley, a Pass to The Spa. Message from the H. C. for a Conference about the Safety of the Kingdom, and the Northern Parts. Answer. Mrs. Lee to be responsible for the Earl of Portland's Hangings. Hooper's Petition. Withers and Fendall not to molest the Earl of Leice ter's Family or Estate. L. Ranelagh, a Pass. Roper's Petition. Mr. Broccas's Petition, to be admitted to Bail. Message from the H. C. for the Assembly to consider the Ten First Articles of the Church. Answer. Ordinance for paying Money to the Scots, and to the Lord General. Report of the Conference, about the Safery of the Kingdom and the Northern Parts. Aid to be required of the Scots. Lord Grey of Warke to attend. Parliament's Letter to the Bashaw of Algiets, about releasing English Captives. Parliament's Letter to the Divan at Algiers, about the same Business. Instructions for Messes. Hodges and Frizell, employed by the Parliament to obtain Releasement of English Prisoners at Algiers. Ordinance for Money for the Scotch Army in Ireland, and to the Lord General, &c. Assembly of Divines to consider and vindicate the Ten First Articles. Adjourn. Footnotes

DIE Mercurii, videlicet, 5 die Julii.

PRAYERS.

Earl of Manchester was appointed by the House to be Speaker this Day.

Answer from the H. C. about Hull.

The Messengers sent Yesterday to the House of Commons return with this Answer:

That they will send an Answer, by Messengers of their own, for the adding of Sir Phillip Stapleton and Sir Wm. Cunstable to the Committee at Hull; and that the House of Commons do agree to send a Letter to the Lord General, for granting a Commission to Sir Mathew Boynton, to be Colonel of the Regiment in Hull.

E. of Carlisle's Horses to be restored.

Next, Colonel Mitten was called in, and demanded by what Warrant he took away the Horses of the Earl of Carlile; and he produced an Order to him, from the Committee of Examinations of the House of Commons, "That, they being informed that there were Horses carried to Waltham, to the Terror of the Country, he was commanded to take and seize the said Horses, by virtue of his Warrant from the Lord General; and, upon this Order, he seized the Horses:" And being asked why the Horses were not delivered according to the Order of this House, he acquainted the House, "That Yesterday the Committee of Examinations made an Order, That he should not restore the Horses until further Directions of that Committee; and it was delivered to him last Night."

Upon this, (fn. *) the Speaker, by the Directions of the House, commanded him to deliver the Horses presently to the Earl of Carlile.

Their being taken by a Warrant from the Committee of the H. C. for Examinations, a Breach of Privilege.

And their Lordships, taking this Business into Consideration, were of this Opinion, That this taking of the Earl of Carlile's Horses, being a Peer, and Member of this House, by a Warrant of the Committee, without their Lordships Consent, is a Breach of the Privilege of Parliament: And their Lordships Resolved, To have a Conference with the House of Commons, to acquaint them with this Breach of Privilege, and desire Reparation herein; and that they would take Care that no such Breach of Privilege may be offered for the future.

Message to the H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a present Free Conference, in the Painted Chamber, touching the taking away the Horses of the Earl of Carlile, a Peer and Member of this House.

Withers and Fendall, for taking away the Earl of Leicester's Goods.

Next, Mr. Anthony Withers and Fendall were called in, to know by what Directions and Authority they inventoried the Goods of the Earl of Leycester: They answered, That it was according to the Authority given them by the Ordinance of Parliament." And it being asked by what Rule they judge who are Delinquents, and who are not; they answered, "It was, by the Ordinance, put to their Discretions."

Hereupon this House conceived that there hath been many Abuses in the Execution of the Ordinance of Sequestrations, there being but little Benefit coming to the Parliament, and great Scandal by the undue Execution thereof; therefore Resolved, To have a Conference with the House of Commons, to desire that the Committees of both Houses for Sequestrations may meet, and take all the Abuses into Consideration, and report the same to the Houses, with some Remedy for the redressing of the said Abuses.

Message to the H. C. for the Committees for Sequestrations to meet, and consider the Abuses of that Ordinance.

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

To desire, at the next Conference, that their Lordships may communicate unto them something concerning the Honour of both Houses of Parliament, in the undue Execution of the Ordinance for Sequestrations.

Message from thence, to abolish superstitious Monuments;

A Message was brought from the House of Commons; by Sir Rob't Harley:

To desire their Lordships Concurrence in an Ordinance for abolishing all superstitious Monuments.

and to sit a while.

2. To desire their Lordships would please to sit a while, for the House of Commons will have Occasion to bring up some Business of Importance.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired; and that they will take the Ordinance now brought up into speedy Consideration.

Message from the H. C. with Letters, &c. for Algiers.

A Message was brought from the House of Commons, by Mr. Greene; who brought up Two Letters, One to be sent the Bashaw of Argier, and another to be sent to the Agent there, for the redeeming of English Captives there; and Instructions to Mr. Hodges, who is to be sent thither for that Purpose.

The Two said Letters were read, and Agreed to. (Here enter them.)

The Instructions were read, and Agreed to. (Here enter them.)

The Answer returned was:

Answer.

That their Lordships do agree to the Two Letters and Instructions, to be sent to Argier.

Cuningham, a Pass.

Ordered, That Mr. James Cuningham shall have a Pass, to go beyond the Sea.

Lord Lumley, a Pass to The Spa.

Ordered, That the Lord Lumley shall have a Pass, to go to The Spaw, for his Health, and to carry with him Nine or Ten Servants, and Five or Six Saddle-horses, with so much Bedding and Furniture as will furnish Two Rooms, with his Lordship's Apparel, and other Necessaries belonging to his Person.

Message from the H. C. for a Conference about the Safety of the Kingdom, and the Northern Parts.

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

To desire a present Conference, touching the great Affairs and Safety of the Kingdom, and the Northern Parts.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, as is desired, in the Painted Chamber.

Mrs. Lee to be responsible for the Earl of Portland's Hangings.

Ordered, That the Hangings of the Earl of Portland, now in the Custody of Mrs. Ann Lee, shall remain and continue in (fn. *) her Hands, and (fn. †) she to be responsible for the same, and not to be disposed of by any without Directions of this House.

Hooper's Petition.

Ordered, That the Petition of Levinas Hooper is hereby referred to the Consideration of Sir David Watkins, Sir John Nulls, &c. who are to make Report thereof to this House.

Withers and Fendall not to molest the Earl of Leice ter's Family or Estate.

Next, Mr. Withers and Mr. Fendall were called in; and the Speaker, by the Directions of this House, told him, "That the Opinion (fn. *) of this House was, That the Earl of Leycester is no Way within the Ordinance of Sequestrations; and commanded him to take Notice thereof; and not to molest the Family of the Earl of Leycester, nor do any Prejudice to his Goods; if they do, it shall be upon their Peril."

L. Ranelagh, a Pass.

Ordered, That the Lord Rannelaugh shall have a Pass, to Oxford, in his Way to Ireland.

Roper's Petition.

Ordered, The Petition of Christopher Roper, Serjeant Major to the Regiment of the Earl of Kildare, in Ireland, be referred to Baron Trevor and Mr. Justice Baeon, to consider of some Course how the Petitioner may be relieved, and make Report thereof To-morrow Morning.

Mr. Broccas's Petition, to be admitted to Bail.

Ordered; That the Petition of John Broccas; shewing, "That he hath been imprisoned Ten Months, where he is in great Want; therefore he desires that he may go upon Bail, whereby he may enabled to provide some Maintenance for himself and his Family."

Ordered, To recommend this Petition to the House of Commons.

Message from the H. C. for the Assembly to consider the Ten First Articles of the Church.

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

To let their Lordships know, that the House of Commons have Resolved and Voted, That the Assembly in their Beginning, in the First Place shall take the Ten First Articles of the Church of England into their Consideration, to vindicate them from all false Doctrine and Heresy; and the House of Commons desires their Lordships Concurrence herein:

The Answer returned was:

Answer.

That their Lordships do Agree, That the Assembly, in the First Place, shall take into Consideration the Ten First Articles of the Church of England.

The House of Commons being come, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ordinance for paying Money to the Scots, and to the Lord General.

The Ordinance for (fn. †) paying Twenty Thousand Pounds to the Scotts, and Money to the Lord General, &c. was read, and Agreed to. (Here enter it.)

Report of the Conference, about the Safery of the Kingdom and the Northern Parts.

The Speaker reported the Effect of this Conference; which was, "To communicate a Letter from Mr. Stockdale, touching the ill Success of the Lord Fairefaix's Forces; and of a Design for surprizing or blowing up the Magazine at Lyncolne; and that the Sixty Persons that came to do it were either all taken or killed.

"Upon these Grounds, for the Preservation of the Peace of the Kingdom, the House of Commons have made certain Resolutions, wherein the House of Commons desire their Lordships Concurrence:

"1. That the Scotch Nation shall be forthwith desired to send in Aid and Assistance of the Religion and Liberty of this Kingdom.

"2. That their Lordships would please to nominate a Committee of their House, to go forthwith into Scotland, and forthwith to appoint a Day for their going; and the House of Commons desires that the Instructions for the Committee may (fn. ‡) be speedily resolved of; and that One of the Instructions may be; to desire the Scots Nation to send in Aid and Assistance for the Religion and Liberty of this Kingdom."

Aid to be required of the Scots.

Lord Grey of Warke to attend.

Ordered, That this House will send Two Lords, as Committees, into Scotland, by this Day Sevennight, or sooner if they can be ready; and do concur with the House of Commons, that One of their Instructions shall be, to desire the Aid and Assistance of the Scotts Nation against Papists and others, now in Arms, to destroy the Protestant Religion, and the Liberty of this Kingdom: And it is further Ordered, That the Lord Grey of Warke is desired to attend this House as a Peer To-morrow Morning, at Nine of the Clock; and, if his Lordship be not in Town, then Word is to be sent his Lordship, to be present here To-morrow, about the great Affairs of the Kingdom.

Parliament's Letter to the Bashaw of Algiets, about releasing English Captives.

"Right Honourable,

"The Lords and Commons in the High Court of Parliament for the Affairs of the Kingdom of England, to his Excellency the Bashaw of Argeir, Health, &c.

"Albeit we have written a general Letter to the whole Council of State and War, intimating the good Correspondence which hath been continued between the Grand Signior and our Nation, and never infringed by any hostile Act of the English, relating also the miserable Condition the Subjects of this Kingdom are in, by being continually taken by those of Argeir, and kept Captives in cruel Thraldom; we have thought fit also to send a Copy of our said Letter unto your Excellency, as Governor of that Place under His Imperial Majesty, and seriously to desire your Favour and Assistance, for the Accomplishment of this Business, so much importing the mutual Amity between the Two Crowns: Our Desires by that Letter are, the Redemption of our Captives, which, if by your Favour and Furtherance may be obtained, will be a perpetual Obligation to this Kingdom; and your Excellency may be a Means to prevent divers Mischiefs and Inconveniencies, which may ensue.

"For what concerns the further managing of this great Affair, we desire your Excellency to give Credit to the Bearer hereof, Mr. Lewis Hodges a Merchant of London, and to Mr. James Frizell residing in Argeir, who are appointed to attend your Excellency about the further transacting of this Business."

Parliament's Letter to the Divan at Algiers, about the same Business.

"The Lords and Commons of the Kingdom of England, assembled in the High Court of Parliament of that Kingdom, unto the Thrice Noble and Right Worthies the Aga Captain General, his Brethren the Agabaghees, and the rest of their Society of the Great Council of State and War, in the City of Argeer, do send Greeting.

"Whereas this Great Council have, by several Petitions preferred unto them, taken Notice of the Calamities of many Thousands of the poor Subjects of this Kingdom now remaining in that your City, as they are informed, in miserable Servitude, which have heretofore been taken at Sea, by some Ships of your City, as they were in their ordinary Course of Merchandize, contrary to the Laws of Nations, and contrary to the ancient Peace and Amity, which hath a long Time been, and to this Day is, continued between your Lord the Great Emperor and this Nation, and which hath more particularly of late been confirmed, with great Profession of Friendship, by your Grand Signior now living; the distressed Condition of which poor Captives, together with the Cries of their poor Wives, Children, and Friends, are so continually represented unto them, as they can do no less than, out of the Duty they owe unto God, and to this Kingdom who have intrusted them, to desire you to vouchsafe your Justice and Compassion unto those poor Captives, and to grant them a speedy Deliverance from their Thraldom, in such a Way as shall best become your Greatness and Honour; which will oblige them and this whole Kingdom to hold and continue all fair Correspondency of Traffic and Commerce with the Subjects of your Great Lord and Emperor, and particularly with your City of Argeer: But if, contrary to their Expectations and just Desires, this shall be denied, they, the said Lords and Commons of the High Court of Parliament of England, do hold themselves obliged, and accordingly do resolve, to betake themselves to such other Ways as the Laws of God and Nations do require at their Hands, for the speedy Redemption of those poor Captives: And they do call the Great God of Heaven to Witness, that the Guilt of the Blood which shall happen to be shed on this Occasion shall not lie upon the said Lords and Commons, nor any whom they shall employ to that End, but upon the Consciences of those who shall any Ways oppose this just and noble Proposition: And, for the better effecting of this Business, the said Lords and Commons have employed and authorized this Bearer, Mr. Lewis Hodges a Merchant of the City of London, together with Mr. James Frizill now residing in Argeer, to attend your Pleasures herein, unto whom it is desired that you give Faith and Credit in all other Things that are necessary to be treated of for the accomplishing of this Business.

"Dated in the High Court of Parliament, holden at Westm. the Day of July, Anno Domini 1643."

"Instructions for Mr. Lewis Hodges and Mr. James Frizell, Merchants.

Instructions for Messes. Hodges and Frizell, employed by the Parliament to obtain Releasement of English Prisoners at Algiers.

"Whereas we, the Lords and Commons in Parliament now assembled, have thought fit to write their Letters to the Chief Governors of the Town of Argeir, for Redemption of such Subjects of His Majesty's as are there detained in Captivity; it shall be your Duty to observe these ensuing Directions:

"First, That so soon as you, Lewis Hodges, shall be arrived at the said Town of Argeir, you enquire after the said James Frizell; and, having found him, to consult together of the fittest Ways and Means that may be used, for the perfect and speedy Delivery of all His Majesty's Subjects now remaining there in Slavery.

"Secondly, That you, or either of you, deliver the Letters of the Parliament, as they are directed, with all Expedition and Respect; and do your uttermost Endeavours to procure as favourable and speedy an Answer as possibly you can, by such good Ways and Means as to your Discretions shall seem most expedient.

"Thirdly, That you do not conclude of any Contract or Gratuity concerning this Business, but by Advice first given to the Parliament, and the Parliament's Answer thereunto returned.

"Fourthly, That you present yourself as a Person employed by the Parliament to treat with the Bashaw and Divano of Algeirs, not only for Redemption of the Captives, but upon Conditions of Peace with that Town; which if they shall willingly accept of, and Resolve to preserve the same, the Parliament offer to maintain what hereafter shall be concluded with all Amity and Friendship, and to increase the ancient Trade and Commerce with that Place: But the First Article you fall on must be, the Redemption of the Captives, upon such reasonable Terms as you can agree. Secondly, That there be a Cessation of surprizing and captivating each other during the Time of this Treaty, expressing Six Months Time for the effecting thereof; and this you are to procure [ (fn. *) from the] Bashaw and Divano; which (fn. †) they consenting thereunto, and what else propounded, the Parliament will forthwith, upon your Advice, send their Agent, with such Propositions as may perfect the Work: You are required herein to be very diligent, in giving a full Relation of each Particular concerning the Premises."

Ordinance for Money for the Scotch Army in Ireland, and to the Lord General, &c.

"Whereas a great Sum of Money is due, and (fn. *) in Arrear, to the Scottish Army in Ireland, upon the Public Faith of the Parliament; for the Payment whereof (as most just and necessary) with all Expedition, all possible Care hath been taken by the Parliament; but, by reason of the pressing Occasions and Distractions of this Kingdom, the same hath been hitherto inevitably retarded and hindered, contrary to the Will and Intent of both Houses; and whereas, for the present Supply of this important Service, divers well-affected Persons of the Company of the Merchant Adventurers, namely

have, at the earnest Desire of the House of Commons, been well contented, and do agree, to advance the Sum of Twenty Thousand Pounds, to be paid in Holland beyond the Sea, upon Bills of Exchange forthwith to be given here for the same, in Cross Dollars, in Specie, at the Rate of Four Shillings Six Pence the Dollar, so as they may be secured of the Payment thereof here in England, in the Coin of this Kingdom, in such Manner as is hereafter expressed: Both Houses do Declare, That the same is a good and acceptable Service to the Commonwealth; and do further Ordain and Promise, That, next and immediately after the Payment of Thirty Thousand Pounds already ordered to be paid upon the Ordinances of Sequestration of Delinquents Estates, the Particulars whereof were as followeth; that is to say, the Sum of Ten Thousand Pounds to the Earl of Essex, Ten Thousand Pounds to the Lord Fairefax, Three Thousand Pounds to the Earl of Mulgrave and the Lord Sheffeild his Son, Five Thousand Pounds more to the Earl of Essex; the full Sum of Thirty Thousand Pounds, so advanced by the Merchant Adventurers, shall be paid unto them by the Treasurers at Guildhall, London, for the Sequestration-money, out of the Monies that shall arise out of the said Sequestrations, with Interest for the same, after the Rate of Eight Pounds per Cent. for a whole Year, if they shall stay for their Money above Two Months, after it shall be by them paid in as aforesaid; and that none of the said Sequestration-monies, over and above the said Thirty Thousand Pounds so already charged thereupon by former Orders, shall be any Way stopped or diverted, or otherwise disposed of, by any Order or Ordinances of both or either of the said Houses of Parliament, until the said Merchant Adventurers shall be fully satisfied of the said Money by them advanced, with Interest as aforesaid; and, if it shall happen that there shall not be sufficient out of the said Sequestration-money to satisfy them their said Money and Interest, then the said Lords and Commons do engage the Public Faith of this Kingdom for the Payment thereof: And it is further Ordained, by the Lords and Commons, That whatsoever further or other Sum or Sums of Money the said Merchants shall advance, towards the Service aforesaid, shall be secured and paid unto them, by the Treasurers at Guildhall, out of the Monies arising upon the said Sequestrations, with all Expedition; and, in Default thereof, by other Monies, to be provided by both Houses of Parliament."

Assembly of Divines to consider and vindicate the Ten First Articles.

"Ordered, by (fn. *) the Lords and Commons in Parliament assembled, That it shall be propounded to the Assembly To-morrow, at their Meeting, to take into their Consideration the Ten First Articles of the Thirty-nine Articles of the Church of England, to free and vindicate the Doctrine of them from all Aspersions and false Interpretations."

Adjourn.

House adjourned till 9 a cras.

Footnotes

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