House of Commons Journal Volume 3: 14 September 1644

Die Sabbati, Septembris 14, 1644.

PRAYERS.

Derby Clerk of the Peace.

MEMORANDUM: This Day Mr. Hallowes moved for the Place of Clerk of the Peace in the County of Derby, to be bestowed upon Mr. Sam. Sleigh, a Gentleman of that County, who has deserved very well of the County and Parliament.

The House would do nothing in it, but left it to the ordinary Course of the Commissioners of the Great Seal, and the Custos Rotulorum.

Farthing Tokens.

Resolved, &c. That Five thousand Pounds shall be forthwith raised and provided for the Exchange of Farthing Tokens out of the Estates of the Patentees, Actors, Agents, and Contrivers, in the Farthen Token Business.

Ordered, That this Vote be forthwith sent to the Lord Mayor of London; and he desired him to call a Court of Aldermen; and to consider with them, how this Five thousand Pounds may be forthwith raised upon the Credit of this Vote; and this Vote reduced into Act, and put in Effect, in the best Way that may be, for Redress and Relief of the Poor within the Cities of London, Westminster, and Lines of Communication; and to stop the Clamour raised by the Poor upon the Rumour of the Decrying of Farthing Tokens; and to Prevent the Inconveniences that would ensue thereupon, if speedy Remedy were not applied.

Sir Tho. Soame and Mr. Vassall are appointed to go with this Vote and Order to the Lord Mayor.

Message from Lords.

A Message from the Lords, by Sir Edw. Leech and Doctor Aylett;

The Lords have returned this Ordinance for the taking off of the Sequestration of the Earl of Westmoreland's Estate, to which they agree, with one Amendment; videlicet, that, whereas it is said, that the Fine is accepted by the Commons House; they desire it may be expressed, "accepted by both Houses of Parliament."

They have likewise sent down Two Papers, which they have received, concerning the Archbishop of Canterbury.

Earl of Westmorland's Sequestration.

The Amendment to the Ordinance for the taking off the Sequestration the Earl of Westmorland's Estate was read; and, upon the Question, assented unto; and the Ordinance ordered to be amended accordingly.

Archbishop of Canterbury's Counsel.

The Papers concerning the Archbishop of Canterbury where, First, An Order of Septembris 11, 1644, made by the Lords; videlicet,

"Ordered, That the Council of the Archbiship of Canterbury shall deliver in Writing, by them subscribed, unto the Clerk of the Parliament, by Saturday next, before the House sit, what Points of Law they will desire to be heard in, concerning the said Archbishop of Canterbury."

"Subscribed"

"Jo. Browne, Cler' Parl'."

"In Obedience to your Lordships Order of the Eleventh of this present, we, by your Lordships Command, assigned of Counsel with the Archbishop of Canterbury, upon several Articles of Impeachment sent up to your Lordships by the honourable House of Commons, humbly represent to your Lordships, that as, concerning the same, we humbly conceive (with Submission to your Lordships great Judgment) that these Questions are proper to be insisted upon by us, as Matters in Law, on the Behalf of the said Archbishop:"

I. "Whether, in all or any the Articles charged, there be contained any Treason by the established Laws of the Kingdom?"

II. "Whether the Charge of the said Impeachment and Articles do contain such Certainty and Particularity as is required by Law in a Case where a Treason is charged ?"

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Amendment to the Ordinance for taking off the Sequestration of the Earl of Westmorland's Estate: And as to the Papers touching the Archbishop of Canterbury, they will speedily send Answer by Messengers of their own.

Spanish Ambassador.

Mr. Whittacre reports from the Committee appointed to repair to the Spanish Ambassador, That after the Respects of the House of Commons presented to the Ambassador, they told him, they had Three Requests to make unto him from the House of Commons:

I. That whereas the House had received Information of some Goods, of a good Value, in Trunks or Chests, or otherwise, belonging to Persons ill-affected to the Parliament, and Enemies to the State, that were concealed in some Part of his House, he would give such Satisfacfaction, as it might be discovered whether there be any such or no.

To this, after his Respects and Service presented, he answered; That he had the like Request heretofore made unto him from the Parliament; and that he had then delivered, upon his Honour, That it was true, he, being made Executor to the Lady Tresham, that was a Spaniard, had some Goods and Trunks of her's brought into his House, but to a very small Value, not worth in all above Ten Pounds; and other, he had none: And did assure us, upon his Honour, that he hath not since had, nor now hath, any Goods of any body's else in his House but his own.

Being asked, Whether he would be pleased to give Way, that some Officers of the Parliament might, in a civil and peaceable Manner, make Search in some of the outer Rooms belonging to his House for such Goods or Trunks, he said, He thought it strange that any such Motion should be made unto him: And said, He is confident, That if Notice should be given to his King, of any Search suffered to be made in his House, it would cost him his Head; and, though it should cost him his Life he could not give way to it.

The Second Request was, That, whereas Notice was given to the House, that he had a great Number of English and Irish Priests in his House, which are Traitors by the Laws of this Land, he would be pleased to declare the Number and Names of them.

He answered, It is true, he hath some Priests of both those Nations in his House; but he hath great Wrong done him, in that it is said to be a great Number; for he hath not above Three or Four English, nor above Two or Three Irish, and those were such as he brought with him out of Spaine and Flanders; and that he conceiveth it to belong to the Privilege of all Ambassadors to have free Liberty to exercise their Religion in their own House, and to have those about him that are necessary for the Exercise of it, and that he, being a Roman Catholick, cannot be without such in his House; and, though they were Traitors by our Law, yet the Houses of Ambassadors are free throughout all Christendom to receive and harbour them, or any other Offenders whatsoever: Yet, to give Satisfaction to the Parliament, whom he did much honour, and from which he had received very fair Respect (he acknowledging, that now, for near these Four Years, the principal and absolute Authority had rested in them), he said, He would write to the King his Master, and desire him to send over to him as many Priests of other Nations, in the room of the English and Irish that he now had; and that he would then send them out of the Kingdom, so as the Parliament would give them a safe Conduct to carry them away; and that he might not deliver them over to be executed; which he held very dishonourable for him to do.

To the last Request, for delivering unto us a List of his Servants Names, and that we might have a View of them, he answered, That, within a few Days, he would give a fair and respective Answer thereunto.

Bishop of Canterbury.

Mr. Maynard, Mr. Recorder, Mr. Browne, Mr. Selden, Mr. Nicholas, Mr. Whitlock, Sir Tho. Widdrington, Mr. Lisle, Mr. Goodwyn, Sir Symonds D'Ewes, Serjeant Wilde, Mr. White, Mr. Prideaux, and all the Lawyers of the House, are to consider of this Paper, sent down from the Lords, concerning the Bishop of Canterbury; and to present their Opinions thereupon to this House on Wednesday next; and, if they think fit, to bring in an Ordinance for the Trial of him: And are to meet on Monday next, at Two of Clock in the Afternoon, in the Exchequer Chamber.

Persons demanded of Spanish Ambassador.

Ordered, That Mr. Whittacre, Mr. Hodges, Mr. Stephens, Sir Thomas Woodhowse, and the Lieutenant of the Tower, do forthwith repair unto the Spanish Ambassador; and demand of the said Ambassador the Delivery of the Persons of Mac Mohoun, Macquire, one James, and one Bead, all Traitors to this State; Two of them being committed Prisoners for Treason, and since escaped; and the other Two accessary to the Escape, and Irishmen and Priests, who, upon very good Informations, the House does strongly presume to be there.