House of Lords Journal Volume 6: 22 November 1643

DIE Mercurii, 22 die Novembris.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker.

E. of Kent takes his Seat without a Writ of Summons.

This Day Henry Earl of Kent, upon the Death of Anthony Earl of Kent his Father, came and sat in this House upon his Succession, without a Writ from the King.

Answer from the H. C.

The Messengers sent to the House of Commons on Monday last return with this Answer:

That, (fn. 1) concerning the Paper of the Earl of Stamford's, they have taken the same already into Consideration, and have put it into a Way; and concerning the Three Divines, videlicet, Dr. Homes, Mr. Goodwin, Mr. Horton, to be added to the Assembly, they will send an Answer by Messengers of their own.

Clotworthies and Middleton.

Upon reading the Petition of the Clotworthys, against Symon Middleton and his Wife, &c. desiring "a new Day may be appointed, for the Hearing of the said Cause:" Hereupon this House Ordered, That this Cause shall be heard, by Counsel, at this Bar, on Monday next; at which Time the Parties with their Witnesses on both Sides, together with the Referees, shall attend.

Message from the H. C. for a Conference on the following Particulars;

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others:

1. To desire a Conference touching the Great Seal.

2. The French Ambassador's Memorial.

3. And Papers received from Scottland.

and with Orders, &c.

4. To desire Concurrence in these Orders following:

1. Concerning Sir Wm. Morley. (Here enter.)

Agreed to.

2. An Order for providing a Winter's Fleet, to guard the Narrow Seas. (Here enter it.)

Agreed to.

3. An Order concerning South'ton, and the raising of Monies for fortifying that Town.

(Here enter it.)

Agreed to.

4. Additional Instructions to Theodore Haak, and Ric'd Lowther, and Ric'd Jenkes, employed by the Parliament to the King of Denmarke, and Queen of Sweden, &c Here enter them.)

Agreed to.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired; and concerning the Orders now brought up, their Lordships will send an Answer by Messengers of their own.

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

Report of the Conference, concerning the Paper from the French Ambassador.

The Speaker reported now so much of the Conference as concerns the Paper received from the Prince De Harcourt:

"1. That they, having considered of the said Paper, have thought fit to make a Declaration, wherein they desire their Lordships Concurrence, and likewise in an Order to the Militia of London."

The Declaration was read, as followeth:

Manner of receiving Papers from Ambassadors.

"That the Lords and Commons do Declare, That nothing shall be received from any Ambassador or Minister of Foreign States, by either of the Houses of Parliament, unless the same be immediately directed to One or both of the Houses, or their Speakers, attested under the Hands of such Ministers or Ambassadors."

Agreed to.

Order for their Couriers to be treated civilly.

The Order was read to the Militia, and Agreed to with a small Alteration. (Here enter it.)

Answers to the French Ambassador.

Next was read, "The Answer to the First Part of the Paper of Prince Harcourt;" which this House approved of, and appointed the Earl of Northumb. to convey it to the Ambassador. (Here enter it.)

Next was read, "The Answer to the Second Part of Prince Harcourt's Paper, touching his Courier;" which was Agreed to with a small Alteration.

(Here enter it.)

And the Earls of Lyncolne and Salisbury were appointted Committes, to join with a Committee of the House of Commons, to deliver the said Answer to the French Ambassador this Afternoon.

Message to the H. C. that the Lords agree to them;

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

To let them know, that this House agrees in the Declaration concerning Ambassadors subscribing what they deliver to the Parliament; and likewise this House agrees to the Answer of the First Part of Prince Harcourt's Paper as (fn. 2) it came up.

Touching the Second Part, concerning his Courier, this House agrees to the same with some Alterations.

Likewise this House agrees to the Order concerning the Militia to use Prince Harcourt's Couriers civilly, with some small Alterations.

for Committees to present the Answers to the French Ambassador;

That their Lordships have appointed Two Lords, to join with a proportionable Committee of the House of Commons, to deliver the Answer to the Ambassador concerning the Couriers, this Afternoon, at Four a Clock.

and that the Lords agree to the Orders brought up.

Also to let them know, that their Lordships agree to the Order for South'ton, for Sir Wm. Morley, the Order for the Winter Fleet, and to the (fn. 3) additional Instructions for Haak, Lowther, and Jenkes, that are to go to Denmarke.

Jennings and Sir Thomas Dawes.

Upon the Petition of Sir Thomas Dawes Knight, desiring, "before he delivers in the Bonds concerning Mr. Jennyn's Business, he might be heard by his Counsel:" Which this House appointed to be heard on Saturday next.

Mr. Smart's Cause.

Ordered, That this House will proceed in Mr. Smart's Business on Monday next come Three Weeks, at which Time the Defendants as are within the serving of the Order shall be summoned to appear before this House; and all Witnesses are then to attend.

"Whereas the Lords have received from the Prince De Harcourt, by the Earl of Northumberland, a Paper in these Words: videlicet,

French Ambassador's Paper, for conciliating the Differences between the King and the Two Houses.

"Memoire pour faire souvenir M. le Comte De Northomberland, que M. le Prince De Harcourt, Pair & Grand Escuyer de France, Ambassadeur Extraordinaire en Angleterre, la prie de rapporter À Messieurs du Parlement, qu'l a eu l'Honneur de voir leurs Majestéz de la Grande Bretaigne, ausquels il a fait entendre le Desir très-affectionné que le Roy son Maistre et la Reyne sa Majestresse ont de contribuer toutes Sortes d'Offices, pour leur procurer Repos & Tranquilité dans leurs Estats, par une bonne Paix; À quoy ayant trouvé les Sentiments de leurs dittes Majestéz disposéz, M. le Prince De Harcourt desire scavoir, si (come il croit) ils correspondent a de ci droittes Intentions; au quel cas, apres qu'ils luy auront fait connoistre le Sujet qui les a obligéz de recouvrir aux Armes, il offre de s'entremêttre pour paciffier leurs Differents par Expedients les plus conformés aux aunciennes Loix, Coûstumes, & Ordonnances de ce Royaume, qui se pourront proposer de toutes Parts.

"And have communicated it to the House of Commons.

"The Lords and Commons, upon Consideration thereof, do think fit that this Answer shall be returned thereunto by the Earl of Northumberland, unto the Prince De Harcourt:

Answer from the Two Houses to the Ambassador.

"That the Lords and Commons assembled in the Parliament of England will always with due Respects acknowledge such good Affections, as from the King his Master and the Queen his Mistress shall be at any Time expressed to the King and His Kingdoms; professing they desire nothing more than such a Peace as may as well procure Honour and Happiness to the King, as the Preservation of the true Reformed Religion, the Privileges of the Parliaments, and the Liberties of the Subjects in His Majesty's Three Kingdoms, according to their late Solemn League and Covenant: And when the Prince De Harcourt shall, from and in the Name of the King his Master, propose any Thing to the Lords and Commons assembled in the Parliament of England, they will thereupon do that which shall be fit, and which shall justify their Proceedings to all the World.

"To the Second Part of the Paper from the Prince D'Harcourt, concerning the Courier as was searched at the Court de Guard, this Answer was returned as followeth:

His Couriers not to be molested.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That some Persons be sent from both Houses to the Prince De Harcourt, to excuse what is passed concerning his Couriers, as that which is done without their Privity or Allowance; and to let him know, that, for the future, both Houses have Ordered, That, when his Posts shall pass by the Guards of this City, they shall be brought without further Trouble or Molestation to the Parliament, or before the Committee for the Safety of the Kingdom.

Order to the Militia for that Purpose.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee for the Militia do give Order, That no Captain of the Guards do presume to search, or uncivilly to use, any of the French Ambassador's Servants that come to pass their Guards; but, if there be Cause to suspect them, to bring them to the Parliament, or before the Committee for the Safety of the Kingdom."

Sir William Morley's Sequestration discharged, upon paying 1000 l.

Whereas the House of Commons, upon the humble Submission of Sir William Morley Knight, to the Mercy of that House, for his Delinquency and Offences against the Parliament, and upon the Certificate of divers Members of that House, and others, Committees for Sequestrations of Delinquents Estates, in the County of Sussex, "That he had taken the Covenant, and was ready wholly to submit himself to the House of Commons," did, upon the 9th of September last, Order, That the said Sir Wm. Morley should pay unto the Garrison of Portsmouth One Thousand Pounds; and thereupon the said Sir William Morley to be discharged of the Sequestration of his Estate, and be restored to the Possession thereof; and forasmuch as the said Sir William Morley hath paid the said One Thousand Pounds accordingly: It is thereupon Ordained, by the Lords and Commons, That the said Sir William Morley shall be discharged of the Sequestration of his Estate, from the said 9th Day of September, according to the Order of the House of Commons in that Behalf made; and that the Committees for Sequestrations of Delinquents Estates in the County of Sussex shall restore him to the Possession thereof, and of the Rents due and received since the said Ninth of September.

Order for a Winter's Fleet, to guard the Narrow Seas.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Nineteen of His Majesty's Ships, and Three and Twenty Merchants Ships, shall be employed as this Winter's Fleet, for the Space of Six Months, for the Defence of the Narrow Seas, and of His Majesty's Kingdoms of England and Ireland; and that the Lords and others, Commissioners of the Admiralty and Cinque Ports, do take effectual Care for the timely sitting, victualing, manning, and setting forth the said Number of Ships, in Warlike Manner, according to Custom."

Ordinance to raise Money for fortifying Southampton.

"Whereas the Safeguard of the Town and County of South'ton is of great Consequence to the whole Kingdom; and whereas it appeareth to the Lords and Commons in Parliament assembled, to be very necessary for the Security and Defence of the said Place, that a great Force should there be raised and employed, in Watching, Warding, suppressing Insurrections, fortifying the said Town and County; and for doing all such other Acts and Things as they shall be thereunto directed and commanded by Authority of both Houses of Parliament: Be it now Ordained, by the said Lords and Commons, That, towards the Payment of all such Forces as are there raised, or to be raised, by Authority aforesaid, and towards the paying and defraying of all such necessary Charges for the making and continuing of such Fortifications as are there made, or to be made, for the Security thereof, all such Sums of Money as are or shall be raised in the said Town and County of South'ton, by virtue of Two late Ordinances of Parliament, or either of them, the one being an Ordinance for the levying of Money by Way of Excise or New Impost, the other an Ordinance for the sequestering of the Estates of Papists and notorious Delinquents; and also all Sums of Money as shall be raised in the Division of Fawley, in the County of South'ton, by virtue of the said Ordinance for Excise, may be issued forth and paid, for the Use aforesaid, upon any Warrant or Warrants in Writing, under the Hands of Richard Norton Esquire, Thomas Mason Mayor of South'ton, Captain Murford, Richard Mayor Esquire, Edward Hooper Esquire, George Gollopp, Edward Exton, Robert Wroth, and Henry Bracebridge, Aldermen, or any Two of them: And it is further Ordained, by the said Lords and Commons, That all and every Receiver and Receivers, Treasurer or Treasurers, of all Sum and Sums of Money raised in the said Town and County, and Division of Fawley aforesaid, by virtue of the said Ordinances, or either of them, shall, upon any Warrant subscribed as aforesaid, issue forth and pay the same, according to the Effect of the said Warrant, which shall be a good Discharge for so much Money as they shall make Payment of accordingly: And it is further Ordained, by the said Lords and Commons, That a Duplicate shall be made of all Warrants, directed to any of the said Receiver or Receivers, Treasurer or Treasurers, for the issuing forth of any Sums of Money, upon which Payment hath been made accordingly, by virtue of this present Ordinance; One Part whereof shall be kept by the said Receiver or Treasurer for his or their Discharge, and the other Part to be delivered in (within One Month after the issuing forth of each several Warrant) to the Speaker of the House of Commons, where the said Committee, and the said Receiver and Receivers, Treasurer or Treasurers, are to be accountable for the same: And be it lastly Ordained, by the said Lords and Commons, That all and every of the said Committee, Receiver, and Treasurers, shall be protected, defended, and saved harmless, in whatsoever they shall do in Pursuance hereof, by the Power and Authority of both Houses of Parliament."

"Additional Instructions, with those that formerly were given by the Lords and Commons in Parliament of England to Theodore Haake and Robert Lowther, for Richard Jenkes, appointed to repair also to the King of Denmarke, and from thence to the Queen of Sweden, and other Princes and States of the Balticke Sea, &c.

Instructions for Mr. Jenkes, Envoy from the Two Houses, to the King of Denmark, Queen of Sweden, &c.

"The Instructions given to Mr. Haacke and Mr. Lowther, whereof you shall receive a Copy, must serve you also in this your Employment; so that by the same you are to be guided in all those Parts, and with all those Princes and States, they have received Directions and Letters unto; and therefore, not to repeat the Particulars there expressed, you are generally and every where (where it shall be fit and needful) particularly to represent the rigorous and unjust Proceedings of the King of Denmarke against us, in arresting the Ships and Goods of the English Merchants that from any Place come into His Reach, going either to or from Hamburgh and Norway, or through The Sound, whereby those Public Passages and Free Streams, and that Freedom of Commerce, which the Laws of God, Nature, and Nations, do afford all Men, especially to all those that are allied by particular Treaties and ancient Friendship, and dwell in or about The Balthicke Sea, are hindered, and without any sufficient Cause stopped and forbidden; the Consequence whereof is conceived to concern all Princes Estates, whose Subjects, Ships, and Goods (though passing as yet freely) may at some other Time and Opportunity be also stayed and confiscated, whensoever that King may get any Pretence of any imaginary Offence or Distaste, as He now doth against us, without any just Cause, as is more amply expressed in the said former Instructions: It is therefore instantly desired of all and every of these Princes and States, especially The Hans Townes, and all such as use Commerce with them or otherwise, (fn. 4) as The Balthick Sea, to take this Wrong done to the English Nation to Heart, and, considering that what now is our Case may shortly be theirs, and foreseeing (in their Wisdom) the ill Consequences and Effects that needs must redound to many of them, that they would with a generous and Christian Resolution join their best Endeavours with ours, to remove all such Impediments of the Public Trade in all that Track, and, uniting their Reasons and Mediations with our Remonstrances and just Desires presented to that King by our Deputies, both formerly and now, sent expressly to rectify His Misconceipts, remove His Misinformations, and reconcile His Royal Affections unto us, whose Actions shall always be conformable to Justice and Reason, or upon better Information reduced thereunto; and even those which have been most misapprehended will, upon Examination, we doubt not, be found to be agreeable not only to the fundamental Principles of our own State, but also to the Laws of Nature and Nations; for it is manifest that there are yet some Danish Ships hovering about the Coasts of France, wherein both Men and Ammunition are transported from thence, and intended to be here landed, for the Destruction of our Religion and Liberty: These and the like Points (more amply expressed in the forenamed Instructions), and what else may best conduce to persuade (fn. 5) and manifest the Justice of our Cause, must be seriously pressed every where where you have Credential Letters unto; as at Bremen and Hanburgh, where your Industry will quickly discover what Success the Gentlemen sent before you have had in their Negociation; and then also with the Elector of Brandonburgh, and with the Queen of Sweden, and Dantzig (having first sufficiently conferred, advised, and resolved upon all the Matter with the said Mr. Haack and Mr. Lowther, and also with Mr. Avery the Deputy at Hanburgh); you must use your best Endeavours to induce them to concur, in their best Advices, intercessary Offices, and effectual Resolutions and Assistance (in Case the King of Denmarke, against all Expectation and Reasons, should persist in His rigorous Proceedings) with us, to bring Him to see His Errors, and rectify His Misconceipts: But, to shew the better the Truth of our Differences, and of all the unhappy Distractions of this Kingdom, you are to carry with you, and to communicate as much as you can in all those Parts, all the Orders made by both or either of the Houses of Parliament, and all other best Pieces written for our Justification, and in Defence of our just Army, and for the Discovery of the dangerous and bloody Plots made against our Lives, Religion, and Liberties, as well by the (fn. 6) Prelatical as Papistical Party; of all which Particulars our last Covenant, taken by both Kingdoms of England and Scotland, translated into Latin, French, and German, whereof you are to carry divers Copies with you, and the pious Resolution of both these Realms to stand as Brethren together, for so just and great a Cause, in a mutual Defence, are manifest and sufficient Testimonies."