House of Lords Journal Volume 6
13 January 1644

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1767-1830

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'House of Lords Journal Volume 6: 13 January 1644', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 377-380. URL: http://www.british-history.ac.uk/report.aspx?compid=37429 Date accessed: 23 July 2014.


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DIE Sabbati, 13 die Januarii.

PRAYERS.

Lords present this Day:

Ds. Gray de Warke, Speaker.

Comes Northumb.
Comes Essex, L. General.
Comes Sarum.
Comes Rutland.
L. Admiral.
Comes Stamford.
Comes Bolingbrooke.
Comes Denbigh.
L. Viscount Say & Seale.
Comes Kent.
Comes Manchester.
Ds. Howard.
Ds. Hunsden.

Answer from the H. C.

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

That they have appointed a Committee, to join with a Lord of this House, to meet The States Ambassadors of Holland.

Clotworthies and Middleton.

Ordered, That the Cause between the Clattworthies and Middleton shall be heard, by Counsel, at this Bar, on Friday next come Sevennight.

Ordinance for putting the Great Seal to Persons Patents, appointed by the Committee for the Revenue.

The Ordinance for giving Power to the Commissioners of the Great Seal to seal Patents to such Persons as the Committee for the Revenue shall present to them [ (fn. *) was read]: And it is Ordered to be referred to these Lords following, who are to examine this Ordinance with the former Ordinance mentioned in the said Ordinance:

Comes Northumb.
L. Admiral.
L. General.
E. Sarum.
L. Viscount Say & Seale.
L. Howard.
Their Lordships, or any Three, to meet this Afternoon, at Three of the Clock, and to report the same to this House.

Jennings and Sir Thomas Dawes.

This Day being appointed for hearing the Business (fn. *) between Mr. Jennings and Sir Thomas Dawes; and because Sir Thomas Dawes did not appear this Day, neither by himself or Counsel: This House Ordered, for that Default, That Sir Tho. Dawes shall pay Forty Pounds Cost to Mr. Jennings; and that this House will hear the Business on Friday next, peremptorily.

A Petition of the Earl of Holland's was presented to this House, by the Lord Admiral; which was read, as followeth:

Earl of Holland's Petition to sit in the House.

"For my Lords the Peers.

"The humble Petition of Henry Earl of Holland.

"Your Lordships have been lately satisfied, by a Letter directed to you, from my Lord General, that my Return had not only his Wishes, but his Invitation; the first would have encouraged me, but the latter did secure me (in my Belief) from any Troubles, especially of such a Nature as should keep me from my Birth-right, which entitles me to the Honour to attend your Lordships in Parliament, where my Faith to the Public will shew you I have a Right to your Trust and Favour, as well as to your Lordships Presence and Attendance there."

Granted,

Ordered, That this House grants this Petition of the Earl of Holland, and admits him to fit as a Peer in this House.

E. of Sunderland's Estate to be freed from Sequestration.

The Earl of Northumb. reported, "That the Committee have persued the Conveyances of the Earl of Sunderland's Estate; and they find that they are real Conveyances, made upon Marriage, for the Consideration of Eight Thousand Pounds, and the Earl of Sunderland lately deceased was but Tenant for the Life; and therefore the Opinion of the Committee was, That this Case is according to the Precedent of the Earl of Carnarvan, and the said Estate now not liable to the Sequestration."

Message to the H. C. about it.

Which Opinion this House confirmed, and Ordered to send the Petition to the House of Commons, with their Lordships Sense as aforesaid; which accordingly was sent down, by Serjeant Whitfeild and Dr. Aylett.

Phillips and Forrett.

Upon reading the Petition of Fabian Phillips, concerning the Cause between him and Forrett: It is Ordered, That the said Cause shall be heard at this Bar the Tuesday before Easter next, against which Time the said Phillips shall have an Order to bring in such Witnesses as refuse to come voluntarily.

Complaint against Spratt.

Ordered, That this House will hear the Complaint against Steven Spratt, a Prisoner in Newgate, on Wednesday next; at which Time the Two Witnesses formerly enjoined to attend shall then be present, to give in Evidence against him.

Message from the H. C. with Orders, &c. for Concurrence.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others; consisting of divers Particulars, wherein they desired their Lordships Concurrence:

1. A Letter to be sent to the Prince De Harcourt, with divers Copies of Letters. (Here enter it.)

Agreed to.

2. An Order for One Hundred Pounds to be paid to Major Scott and Captain Cockram. (Here enter it.)

Agreed to.

3. An Order to pay Two Thousand Pounds to Wm. Williamson, &c. for Arms, &c. (Here enter it.)

Agreed to.

4. An Order to pay Two Thousand Pounds out of the Excise, for the paying the City Forces gone out upon Service. (Here enter it.)

Agreed.

5. An Order to pay Five Hundred Pounds for the Town of Southampt. (Here enter it.)

Agreed to.

6. An Order to pay Ten Thousand Pounds to Sir Wm. Waller. (Here enter it.)

Agreed to.

The Answer returned to the Messengers was:

Answer.

That this House agrees to the Letter, and all the Orders and Ordinances now brought up.

Some of the Committee for Assessements to attend, about assesting Lord Hunsden.

Upon Information to this House, by the Lord Hunsden, That a Ticket was left at his House in London, from the Committee for the Fifty Subsidies, requiring him to pay in to them at Guildhall Forty-three Pounds, Twelve Shillings, under Penalty of being distrained:" And this House, upon reading the Clause in the Ordinance for the said Fifty Subsidies, finding that all Peers are exempted from their Assessment; it is Ordered, That the said Committee be sent to, to require them to send some of that Committee to attend this House on Monday Morning next, to give this House a further Account concerning this Business.

Invitation from the City of London, for both Houses and the Lord General to dine with them; and expressing their Attachment and Fidelity to them.

This Day the Sheriffs of the City of London, and divers Aldermen and Common Council, came to this House; and, in the Name of the Lord Mayor, Aldermen, Common Council, and the City of London, gave their Lordships great Thanks for their Pains and Care in the Preservation of the Kingdom and City, in making good Laws, and appointing such a General, who is so much approved of both for his Counsel here, and his Courage in the Field; for defending them, and maintaining of those Laws against the Force of the Enemy, who endeavoured the (fn. *) taking away the Fruit of them; and likewise for their Lordships Vigilancy and Industry in discovering Plots, tending to divide the City from the Parliament: And for a Demonstration of the firm Unity between the Parliament and the City, they said, "They were commanded, in the Name of the whole City, to invite the Members of both Houses of Parliament, and his Excellency the Lord General, to Dinner at Marchantaylors Hall, either on Tuesday or Thursday next, whereby the City may in an humble Way express their Thankfulness to the Parliament:" And further Mr. Alderman Foulke declared, "That he was commanded to express, from the whole City, that they were resolved to live and die with the Parliament and the Lord General, in this Cause."

Hereupon, the Sheriffs, &c. being withdrawn, this House appointed

Committee to consider of an Answer.

The Earls of Northumberland,
Essex, L. General,
Sarum,
Manchester, and
The Lord Viscount Say & Seale,

To consider what Answer is fitting to return to the City of London, for this kind Invitation.

And presently the Committee withdrew.

The Earl of Manchester reported from the Committee, what was conceived by them fit to be returned as an Answer to the Invitation of the City; which was read, and approved of: And the Speaker of this House was approved to return this Answer following; and to let them know, that their Lordships will come to them on Thursday next, according to their Invitation:

Lord's Answer to the City of London.

"The Lords conceive this Invitation as a very great Expression of that good Affection, which this famous City hath upon all Occasions so eminently manifested, for the Assistance of the Parliament, in the Defence of Religion, the Laws and Liberties of this Kingdom, and Privileges of Parliament, both by their Example, Contributions of Money, and their Readiness to employ their Forces whensoever they have been desired; which the Lords acknowledge to have been a principal Means, next under the Divine Providence, of those good Successes which we have had in the late several Expeditions, wherein they have assisted: And as the Lords have endeavoured to their utmost, not only the Preservation of this Kingdom, but with particular Care tendered the Good and Safety of this City, as the Metropolis thereof, so they will continue with Constancy in the same Resolutions for the future."

Witnesses sworn in the Archbishop of Canterbury's Cause.

These Persons following were sworn at this Bar, and are to be examined in the Cause concerning the Archbishop of Canterbury:

Sir Jo. Brampston Knight.
Sir Wm. Belsore.
Sir John Corbett.
John White Esquire.
Jo. Pococke.
Wm. Wilkins.
Calvin Brewin.
Jo. Clayton.
Sam. Sherman.
Ric'd Aske.
Tho. Hoyle.
Sir Tho. Dacres.
Miles Sparkes.
Walter Dobson.
Sir Henry Vane Senior.
Thomas Pury.
Sir Tho. Trevor.
Tho. Edwards.
Ric'd Druxell.
John Cockshott.

Proceedings against the Queen; and Ordinance for nominating Sheriffs.

Ordered, That the Committee concerning the Proceedings against the Queen, and the Committee concerning the Ordinance concerning Sheriffs, shall meet on Monday next, at Three of the Clock in the Afternoon.

Trelany and Babb, in Error.

Ordered, That the Writ of Errors between Babb and Trelany shall be argued at this Bar, by Counsel on both Sides, on Thursday next come Sevennight.

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

Answer from the H. C.

That they have delivered the Petition and the Message concerning the Earl of Sunderland's Estate; and they will take it into Consideration, and send an Answer by Messengers of their own.

Letter from both Houses to the French Ambassador, about his Letters being stopped; and the Contents of L. Goring's Letter to the Queen.

"We are commanded, by the Parliament of England, to let your Lordship know, That Monsieur De Mullen's presenting the Letters from France addressed to your Lordship, and others with you, to be searched, to the End Passes might be obtained for the safe sending them away unto you, there was found in a Packet directed to Monsieur De Gressey from his Wife, some Letters from the Lord Goreing to the Queen, and to others, Copies whereof are sent here inclosed; whereby the Parliament perceived that Monsieur De Gressey had been the Means formerly, as well as his Lady was at this present, of conveying Letters to the Prejudice of the Parliament, contrary to the Expectation of the Parliament; which con sidered, together with what they found contained in the Lord Goreing's Letters to the Queen, although before this came to the Knowledge of the Parliament Passes had been granted for the sending away of the Letters, they hereupon thought it most just and reasonable to make Stay of those Letters for a more strict and full Examination, wherein nevertheless they have proceeded with all Manner of Tenderness and Respect to the State of France, and particularly to your Lordship, having forborn to open any Letters coming from the French Queen Herself, though directed to Monsieur De Gressey, against whom they have such just Exceptions, as also all Letters directed to your Lordship; in which their Care was such, as though, upon the First Examination, some outward Covers directed to your Lordship were opened in the Presence, and with the Privity, of Monsieur De Moulins, yet, upon the Second Examination, the Committees of Parliament appointed for that Purpose would not look into any Letters directed to your Lordships, but sent for Monsieur De Moulins, and in his Presence, and with his own Seal, caused them to be sealed up, in which Condition your Lordship will find them (and your Packet of State not at all touched) now sent unto you; and for the other Letters which have been opened, the Parliament have given Order for their sealing up again, to be sent also with the rest unto your Lordship.

"For the Particulars themselves in the Lord Goreing's Letter to the Queen, which the Parliament takes Notice of with (fn. *) Reference to your Lordship and the State of France, they are these:

"That your Lordship, in this your Negociation, should have Order from the State of France to receive your Instructions from their Majesties here; to treat with the Parliament accordingly, and no otherwise: That, if this Negociation should not succeed, that then the French Queen's Resolution was such, as nothing in Her Power should be wanting to serve their Majesties here withall, in Arms or Money, to their utmost.

"That there is so strict a League in Agitation between the State of France and His Majesty here, as thereby as well Loans of Money are to be accorded unto, as Landing of Men in this Kingdom.

"And lastly, there is such a principal Article in that Treaty already agreed on between His Majesty and the State of France, whereby the State of France should immediately and openly declare against the Parliament and Scotland's Proceedings, as Enemies to the Crown of France as well as His Majesty, if they do not instantly return to their Obedience.

"To all which Particulars though for the present the Parliament is unwilling to give Credit, yet they cannot but take Notice of other concurring Circumstances, that might induce Belief thereof in them; as the Expressions which they have lately met with, in a Letter of the Lord Digbye's to Sir Henry De Vic, a Copy whereof is herewithall sent your Lordship; as also the Propositions made by the Sieur Boysivon in Scotland (a Copy whereof is likewise herewith sent your Lordship); being very confident they shall receive such full Satisfaction from your Lordship in Answer hereunto, that till then they are willing to suspend their further Judgement; and the rather because they look upon your Lordship as a Person full of Honour, and whose Prosessions upon all Occasions have been so contrary to what they find in those Letters and Papers expressed. This being all we are commanded from the Parliament to say to your Lordship, we rest, in full Expectation of your Lordship's speedy Answer,

"Your Lordship's
Affectionate Servants."

Westm. the 13th of January, 1643.

Order for 100 l to Major Scott and Captain Cockeran.

"It is this Day Ordered, by the Lords and Commons, That One Hundred Pounds shall be bestowed upon Major Scott and Captain Cockeram, in Testimony of their good Service to the State; and that it be referred to the Committee at Habberdash'rs Hall to see this Hundred Pounds paid accordingly."

Order for 2000 l. Excisemoney, to be advanced to the City Forces.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That there be advanced, out of the Receipts of the Excise, the Sum of Two Thousand Pounds, towards the Payment of such Forces as are or shall be sent out of the City, for the Service of the State; and the Commissioners of Excise are hereby authorized to make Payment of the said Two Thousand Pounds accordingly unto the Committee of the Militia in the City of London, or their Assigns: And forasmuch as the said Lords and Commons, by former Ordinances, have appointed several Sums of Money to precede this Assignment, it is therefore further Ordained, That if the Commissioners of Excise shall advance the said Sum of Two Thousand Pounds until the same shall come in upon the Excise, that the said Commissioners of Excise shall and may re-pay themselves the said Sum of Two Thousand Pounds, together with Interest after the Rate of Eight Pounds per Centum, in such Order as the same shall come to be paid; and for so doing this shall be their sufficient Warrant."

Order for 2000 l. to Williamson, & al. for Arms.

"It is this Day Ordered, [ (fn. *) by the] Lords and Commons assembled in Parliament, That Two Thousand Pounds shall be paid, by the Committee at Habberdashers Hall, to the Treasurers at Guildhall, and by them forthwith paid to Sir Gilbert Gerrard Treasurer at Wars, to pay upon Accompt proportionably to William Williamson, John Simkinson, Francis Camberbeeck, Nicholas Leenderse De Witt, and David Heinsen, Merchants, that have furnished the State with Arms and Ammunition."

Order for the Commissioners of Excise to pay themselves 500 l. advanced for the Town of Southampton.

"Whereas John Towse Esquire, Alderman of the City of London, and the other Commissioners of the Excise and new Impost, have, at the Desire of the Committee of the Lords and Commons for the Safety of the Kingdom, consented, of their own private Money, to advance the Sum of Five Hundred Pounds, for Supply of the pressing Necessity of the Town of South'ton, and paid the said Money unto Mr. George Gallopp and Mr. Edward Exton, both Members of the House of Commons serving for that Town: It is now Ordained and Declared, by the Lords and Commons in Parliament assembled, That they do accept and allow of the Loan of the Five Hundred Pounds, and the Payment thereof unto the said Mr. Gallopp and Mr. Exton, for the Use aforesaid; and do hereby authorize the said Commissioners of Excise to re-pay themselves the said Sum of Five Hundred Pounds out of such Monies as have or shall first come in upon the Receipt of the Excise and new Impost."

Order for the Merchants Adventurers to be re-paid 10,000 l. advanced to Sir Wm. Waller, out of the Excise.

"Whereas the Governor, Assistants, and Fellowship of Merchants Adventurers of England have advanced the Sum of Ten Thousand Pounds, for the Use of Sir William Waller's Brigade: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Ten Thousand Pounds, with Interest after the Rate of Eight per Cent. shall be re-paid out of the Receipts of the Excise or new Impost, on the 15th Day of July next, unto the said Governor, Assistants, and Fellowship of Merchants Adventurers of England, or their Treasurer for the Time being; whose Receipt, together with the Common Seal of the said Fellowship, shall be a sufficient Discharge for the whole or any Part or Parcel thereof, unto the Commissioners of the said Excise or new Impost, who are hereby authorized to make due Payment thereof accordingly."

Adjourn.

House adjourned till 10a, Monday next.

Footnotes

* Deest in Originali.
* Origin. be.
* Origin. take.
* Origin. with what.
* Deest in Originali.