House of Lords Journal Volume 6
2 August 1644

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1767-1830

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'House of Lords Journal Volume 6: 2 August 1644', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 649-651. URL: http://www.british-history.ac.uk/report.aspx?compid=37573 Date accessed: 23 November 2014.


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DIE Veneris, 2 die Augusti.

PRAYERS, by Dr. Hoyle.

Ds. Grey de Warke, Speaker.

Comes Northumb.
Comes Kent.
Comes Rutland.
Comes Bolingbrooke.
Comes Lyncolne.
L. Viscount Say & Seale.
Comes Denbigh.
Ds. North.
Ds. Bruce.
Ds. Howard.
Ds. Wharton.

Witnesses concerning Sir Robert Heath, &c.

These Persons following were this Day sworn at this Bar, to be examined by the Lords Committees, in the Presence of a Committee of the House of Commons, concerning Sir Rob't Heath Knight, Sir John Banks, Sir Rob't Foster, Knights, and Sir John Glanvile's Impeachment of High Treason by the House of Commons:

Richard Hill.
Arthur Mallacke.
Edmond Edgcombe.
Leonard Curson.

Report from the Committee, for considering the Paper of The States Ambassadors, concerning some of their Ships taken by English ones.

The Earl of Nortbumb. reported, "That the Committee have considered of the Matter concerning the Paper of The States Ambassadors, touching the Ships of the Dutch that have been taken by the English Ships; and they find that a Sentence hath passed in the Court of Admiralty concerning the Ship called The Tyger, without hearing One Side; by reason whereof, the Committee can give no Opinion concerning the Matter of The Tyger, until the Ambassadors or their Agents be heard: Therefore the Committee desires, if this House think it fit their Power and Authority be enlarged, that the Committee may have Conference with The States Ambassadors, or their Agents, to hear what they can say concerning the Business of The Tyger and other Ships, from Time to Time, as they shall think fit."

Lord Conway released.

Ordered, That all former Restraint shall be taken off from the Lord Viscount Conway, and that he shall have Liberty to go upon his Occasions; provided he appear before this House within Three Days after he shall receive Summons.

Lord Hunsdon's Trial to be hastened, or he to be bailed.

Ordered, That the Petition of the Lord Hunsdon be sent to the House of Commons, with the Sense of this House thereupon, "To desire the House of Commons to hasten the Articles and Trial against him; and that, if their great Occasions will not permit the same, to signify that this House, in respect of the great Expences he now lies at, think it fit to admit the Lord Hunsdon to be bailed."

Sale of some Ships and Goods taken from the Dutch, to be stayed.

Ordered, To send to the House of Commons, to let them know, that this House thinks it fit that there be a Stay of the Sale of the Goods of The Tyger, until the Committee of both Houses hath had a fuller Hearing concerning the same; and to desire their Concurrence herein.

Countess of Dorset's and Serjeant Fynch's Petition.

Ordered, To send to the House of Commons, to put them in Mind of the Petition of the Countess of Dorsett, and the Petition of Mr. Serjeant Fynch.

Message to the H. C. about these Matters.

A Message was accordingly sent to the House of Commons, by Sir Rob't Rich and Mr. Page, concerning the Three Particulars aforesaid.

Mrs. Roach's Cause.

Ordered, That Mary Roch, Widow, is left to take such Course for her Relief, in her Business depending in this House, as she shall be advised by her Counsel to be most for her Advantage.

Johnson versus Bowden & al.

Ordered, That Thomas Bowden, Richard Bowden, Mary Bircher, Thomas Burton, Richard Rockingham, and Thomas Newman, shall appear before the Lords in Parliament this Day Three Weeks, to answer the Complaint of Ezechiell Johnson, who charges them that they do refuse to perform an Order of this House, of the 17th of May, 1643.

Message from the H. C. for a Conference about the Ordinance for Martial Law;

A Message was brought, from the House of Commons, by Sir Walter Erle Knight, and others:

To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Ordinance touching Martial Law.

and about the Names to be added to the Derby Committee.

2. To desire Expedition in the adding the Four Names to the Committees for Derbyshire.

Respited for a while.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired; and concerning the Names to be added to the Committees of Derbyshire, this House will send an Answer by Messengers of their own.

Lewis, a Pass.

Ordered, That Thomas Lewis shall be permitted to repair, on his necessary Occasions, to Oxford, Ludlow, and Worcester; and that he be permitted to pass and return, with his Horse, without Interruption; provided he carry nothing with him that is prejudicial to the State.

Propositions from Guernsey for reducing Jersey.

Upon reading the Petition of the Lieutenant Governor, Commissioners, and Commonalty, of the Island of Guernesey; containing some Propositions concerning the better reducing of (fn. *) the Isle of Jersey to their due Obedience: (Here enter it.) It is Ordered to be communicated to the House of Commons, with their Lordships Sense, "That they think the Particulars fit to be put into Execution, for the Good of that Isle, and the Commonwealth."

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

A Message was brought from the House of Commons, by Mr. Greene, &c.

To desire their (fn. *) Lordships Concurrence in Four Orders:

1. Concerning the setting forth a Winter Guard at Sea. (Here enter it.)

Agreed to.

2. An Ordinance concerning regulating the Ordinance of Excise upon Flesh.

Read Once.

3. An Order to give Authority to Captain Swanley to assist Rowland Lawborne, Major General of the Forces of the County of Pembrooke, with Forces.

(Here enter it.)

Agreed to.

4. An Ordinance to allow Five Hundred Pounds a Month out of the Excise, in Com. South'ton, for Payment of the Soldiers in Portsmouth, and to continue for Six Months. (Here enter it.)

Read Thrice, and Agreed to.

The Answer returned was:

Answer.

That their Lordships (fn. *) will send an Answer, by Messengers of their own, to the Ordinance concerning the regulating of the Ordinance of Excise upon Flesh; and to all the rest of the Particulars of this Message, their Lordships do agree to them.

Col. Walton to preserve the Earl of Arundel's Estates from plundering.

Upon reading the Petition of Wm. Marsh, Servant to the Earl of Arrundell, and likewise several Affidavits; shewing, "That the Order of this House, for preserving the Woods and Houses of the Earl of Arrundell, is not observed; but his Woods cut down for Firing, and his House about to be demolished:" And upon reading a Letter of Colonel Walton, written to the Earl of Bolingbrooke: It is Ordered, That the Earl of Bolingbrooke do write to Colonel Walton, to desire him to see the Orders of this House duly observed, for preserving the Estate and Woods of the Earl of Arundell; and also that it be recommended to him to take Care that the Houses of the Earl of Arrundell be not demolished, nor no Spoil may be made of his Woods and Estate; also that the Timber taken by him for Public Uses may be paid for; and that he would for the future take Timber out of Papists and Delinquents Estates; and not out of the Earl of Arrundell's, who is under no Delinquency, and pays all Taxes and Assessments which are assessed by the Parliament.

A Copy of Mr. Marshe's Petition and Affidavit shall be sent to Colonel Walton.

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

Report of the Conference on the Ordinance for Martial Law.

And the Speaker reported the Effect of this Conference; which was, "That the House of Commons have considered of the Alterations sent down to them in the Ordinance for Martial Law, to which they agree, excepting to that concerning the Limitation, which they desire may pass as it came from the House of Commons; and concerning the adding of the Proviso, they do not agree to it."

Ordered, That the Report of this Conference shall be taken into further Consideration To morrow Morning.

Answer from the H. C.

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

That they will send an Answer, by Messengers of their own, to all the Particulars.

Fleet for the Winter Guard.

"Ordered, by the Lords and Commons, &c, That Eighteen of the King's Ships and Pinnaces, and Ten Merchant Ships, shall be provided and set to Sea, for a Winter Guard; and that it be referred to the Committee of the Navy, to take Care of setting forth to Sea the said Ships."

Capt. Swanley to land Seamen, to assist General Lawhorne, in reducing the Counties of Pembroke, &c.

"Whereas Captain Richard Swanley is appointed by the Lord Admiral, with a Squadron of Ships, to attend the Service of the Kingdom, in and about Milford Haven, in the County of Pembroke, which Haven and County is infested and endangered by the Rebels, that destroy all before them with Fire and Sword: It is Ordained, by the Lords and Commons assembled in Parliament, That the said Captain Swanley shall have Power and Authority to land such Forces as he can well spare out of the said Ships from Time to Time, and to join with Rowland Lawborne, Major General of the Forces of the said County of Pembroke, and the County of Carmarthen and Cardigan, and be aiding and assisting unto him in all Land Services, for the subduing of the said Rebels, and reducing of the said Three Counties to the Obedience of the King and Parliament; and is hereby authorized to do all and every Act and Thing which shall be for the Advantage and Furtherance of the said Services, and shall forthwith with his said Ships repair for the Purposes aforesaid to Milford Haven."

Order for 500 l. a Month for Portsmouth Garrison.

"Whereas the Charge of the Garrison and Forts of Portesmouth are, by Occasion of the Dangers of the Times, much increased: It is Ordained, by the Lords and Commons in Parliament, That Five Hundred Pounds per Mensem shall be paid, out of the Collections of the Excise, within the County of South'ton, except the Isle of Wight and Town and County of the Town of South'ton, unto the Treasurer of the said Garrison and Forts, towards the Maintenance of the Officers and Soldiers there, for the Term of Six Months, if the said extraordinary Guards of the said Garrison shall be thought fit so long to continue, and if the Collections as aforesaid within that County shall amount unto that Sum; and the Commissioners of Excise are Ordered to make Payment of the same accordingly; and the Receipt of the said Treasurer, or his Assigns, shall be their sufficient Discharge; provided, that this Ordinance shall not extend to any Excise appropriate to the Use of the Navy."

Petition of the Island of Guernsey, with Propositions for reducing the Castle there, and also the Island of Jersey, to the Obedience of the Parliament.

"To the Right Honourable the Lords and Commons in the High Court of Parliament of England assembled.

"The humble Petition of the Lieutenant Governor, Commissioners, and Commonalty, of the Island of Guernesey.

"Sheweth,

"That (as well out of our continued zealous Affection which we still bear unto this Honourable Assembly, as also from the earnest Desire we entertain to reduce the Disturbers of this Island, as also that of Jersey, to their Obedience to the Crown and Kingdom of England) we in all Humility crave Leave to represent to this Honourable Assembly a probable Means for the speedy effecting thereof; which for that it may be the more conspicuous, may it please this Honourable Assembly to be informed, That in this Island of Guernesey remaineth a strong Castle, under the Command of Sir Peter Osborne, who hath and still doth detain the same in Opposition to this Honourable Assembly, molesting and disturbing the Peace of this Island, tending to the utter Ruin of the Inhabitants, had not the Providence of God (manifested in some timely Relief sent them by this everfamous Assembly) preserved it from so imminent Danger.

"Now, forasmuch as the adjacent Isle of Jeresey is in actual Rebellion against this Honourable Assembly and the Crown of England, and abetted unto, and guided therein, by one Colonel George Carterett (the pretended Governor thereof), who by swift Shallops (notwithstanding all careful Endeavours both in our Forts by Land and Ships by Sea) hath, and still will without speedy Prevention relieve the aforesaid Castle with all necessary Provisions, and increase to so great Strength as may not be resisted; and for that we humbly conceive that One Thousand Men (with the Blessing of God) may with Facility reduce as well the said Island, as also the pretended Governor thereof, to their due Obedience, which will necessarily induce a firm Peace to this Island, and enable the Inhabitants thereof to a great Capacity of doing Service to this Honourable Assembly:

"And lastly, for that the Wealth which will be seized by reducing the said Island is far more than all the Charge which such Reducement may Occasion, and, being reduced, the Inhabitants are sufficiently able to maintain with their own Costs competent Garrisons for their Preservation in Obedience;

"Most humbly therefore we beseech this Honourable Assembly to take the Premises into your serious Consideration, and so to conclude of the same, as may tend to the Honour of this Assembly, the firm Peace of this Island, and the speedy Reducement of that of Jersey to their due Obedience, which shall engage us and our Prayers to the Almighty, for the prosperous Success of your Honourable Consultations.

"Andrew Monamy.
Hen. Delamarch.
J. Hamland.
Peter Carey.
Tho. Dobrey.
Rob't Russell.
Eleaze Le Marchant."

Adjourn.

House adjourned till 9a cras.

Footnotes

* Deest in Originali.
* Deest in Originali.