House of Lords Journal Volume 6: 2 December 1643

DIE Sabbati, 2 die Decembris.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Poor of Eastham.

Ordered, That an Order shall issue forth, to summon the Witnesses to appear before this House, at the Hearing of the Cause of the Poor of Eastham.

Col. Barker's Commission, as Governor of Coventry, questioned by the Earl of Denbigh.

The Lord General acquainted this House with a Letter received from the Committee at Coventry, dated the 27th of November; shewing, "That whereas the Government of Coventry is given to Colonel Barker by the Lord General, which is now questioned by the Earl of Denbigh and Two of the Committee, and hath commanded Forces out of Coventry to go to Shropshire, and in divers other Particulars thwarted the said Commission, which will make a Mutiny in the Garrison unless some speedy Course be taken." (Here enter the Letter.)

Hereupon this House Ordered, To have a Conference with the House of Commons, and communicate this Letter to them.

Peers to be rated for the Weekly Assessments.

Ordered, That this House agrees that the Peers shall be rated for the Weekly Assessments for the last Two Months, according as was agreed to formerly by this House.

Message to the H. C. to acquaint them with it, and for a Conference about Coventry.

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

To desire a Conference, concerning some Business touching Coventry.

2. To let them know, that this House gives Way that the Peers be assessed by the Assessors for the Weekly Assessment, as formerly was permitted and agreed to by this House.

Message from thence, for a Conference on the following Subjects;

A Message was brought from the House of Commons, by Sir John Clatworthy:

1. To desire a Conference, touching the late Conference concerning Prince Harcourt; and also the vindicating the Lord Wharton.

Agreed, To give a present Conference.

and with Orders.

2. To desire Concurrence in Two Orders:

1. Concerning the Gold Ore of Sir Nic's Crispe. (Here enter it.)

Agreed to.

2. An Order for paying Four Hundred Pounds to Mr. Marshall and Mr. Calamy.

The Answer returned was:

Answer.

That this House will give a present Conference, as is desired, in the Painted Chamber; and that their Lordships do agree in the Order concerning Sir Nic. Crispe's Gold Ore; and touching the other Order, their Lordships will send an Answer by Messengers of their own.

Garrison of Windsor to be mustered.

Ordered, That the Lord General is hereby desired to appoint his Muster-master General to take the Muster of the Garrison at Windsor.

Committee to consider of Petitions depending.

Ordered, That
Earl of Northumb.
Earl of Sarum,
Lord Viscount Say & Seale, and
The Earl of Bollingbrooke,
The Lord Wharton, and
The Lord Howard,

Shall peruse such Petitions (fn. 1) as are depending in this House, and report the State of them to this House, that so this House may appoint certain Days for hearing them.

E. of Holland, Leave to take the Air.

Ordered, That the Earl of Holland shall reside within the Line of Communication; and to have Liberty, for his Health-sake, to take the Air within Three Miles Distance from the Line of Communication at (fn. 2)

Report of the Order to prevent the French Ambassador's Couriers from being molested.

The Earl of Northumberland reported, "That the Committee have considered of the Order concerning the Couriers of the Prince De Harcourt that go to Oxford; and, because there may be some Miscarriage and Trouble in bringing them before the Houses, the Committee have made an Alteration in the Order, which the Committee thought fit to offer to their Lordships Consideration:"

And the Order was read, as followeth:

"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 stay, search, or uncivilly to use, any of the French Ambassador's Servants, that come to pass their Guards, having a Pass from both Houses of Parliament, or from my Lord General."

To which Alteration this House (fn. 3) agreed; and desired the Lord General to give a Pass to the French Ambassador, for to send his Servants to the King; and that every Time as he grants a Pass, he send to the French Ambassador, to take his Word that no Letters but his own, nor any Thing that may be prejudicial to the Parliament and this State, shall be conveyed by his Servants or Messengers that goes.

Message to the H. C. with it;

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeilde and Dr. Aylett:

To desire their Concurrence in the Alteration of the Order concerning the French Ambassador's Servants.

and about the Earl of Stamford.

2. To put them in Mind of the Earl of Stamford's Business.

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

Answer from thence.

That they will return an Answer by Messengers of their (fn. 4) own, for nominating Mr. Gould to be Treasurer, to receive the Monies that are to be raised by the Ordinance concerning the Defence of Plymouth; and likewise to the Order concerning Officers that are to be presented by the Commissioners that are to attend the Great Seal: And concerning the Conference touching the Letter concerning Coventry, they will give a present Conference, in the Painted Chamber, as is desired.

Subject of the Conference about the Earl of Denbigh questioning Col. Barker's Commission, as Governor of Coventry, and protesting against Col. Purefoy.

The Earl of Northumb. was appointed to let the House of Commons know, at this next Conference, "That, upon the reading of the Letter of the Committee at Coventry, their Lordships think it fit that Colonel Barker be continued still in his Command at Coventry; and that a Copy of the Letter be sent to the Earl of Denbigh, who is to return an Answer to this House thereof, and why the Serjeant Major that spoke such Words, and committed such Misdemeanors in the said City, was not punished; and why he did protest against Mr. Purefoy's submitting to the Lord General's Command."

Pettus and Ayliff.

This Day the Cause between Pettus and Ayliff was heard, at this Bar, by Counsel on both Sides.

The Lords went to the Conference, and adjourned the House till Monday next, at Ten of the Clock.

Coventry Committee's Letter to the Ld. General, concerning the Earl of Denbigh.

"May it please your Excellency,

"About a Month since, we were humble Petitioners to your Honour, to grant Colonel Barker a Commission to be actual Governor of Coventry, having been ever so reputed ever since his Employment there; which your Lordship having granted, commands the Return of our humble Thanks: But it so falls out, that now, upon the Earl of Denbigh's coming down, the Authority your Honour hath conferred upon Colonel Barker is disputed, both by the said Earl and Two or Three of our Committee, pressing it to be invalid in his Lordship's Presence, because he is Commander in Chief, to whom they affirm the giving of Orders doth belong; which we cannot easily believe, for that the Exceptions and Subordinations in it are only to the Two Houses of Parliament and your Excellency; neither indeed can we, without wronging our Trust and betraying our Judgements, give Consent to it; but pray the contrary, for Fear of a Mutiny in the Garrison, and occasioning Fear in the well-affected Citizens, who have long enjoyed more than usual Security and Happiness under the Colonel's known Fidelity and Care, both which is suspected in some under the Earl of Denbigh's Command, and that not without Cause, having threatened to fire the City, and to turn to the Enemy; and the other Night a Major of the Earl's Horse (notwithstanding that he was commanded to the contrary by the Captain of the Watch), at Midnight, in an Inn, in Spight of him, did cause his Trumpet to sound a Charge, withall giving such base Replies to him before the whole Guard as are not fit to be mentioned, besides other Disorders and Insolences not fit for a Garrison Town: It hath been publicly affirmed, by One of the foresaid Members of our Committee (who have been observed to go thwart and cross to the Proceedings of it), that the Commission gained for Colonel Barker was by Misinformation, and traducing the Earl of Denbigh to your Excellency, which your Lordship knows to be otherwise; and they have earnestly moved for the Resignment of it up to the said Earl, which we conceive to be derogatory to your Excellency's Power, and the Colonel's Right; and therefore are humbly bold to make our Case known to your Lordship, humbly waiting your Resolution; having further written to the Parliament (to whom they address themselves) in like Manner as to your Excellency, whose we are in all humble Duty and Observance; and accordingly rest

"Your Excellency's

Coventry, 27th November.

"Most humble Servants,

"John Barker.
Godfrey Bossevile.
"Wm. Colemore.
Peter Burgone.
"Tho. Willughby.
Tho. Basnett.
"Jo. Hales.
George Abbott.
"Will. Purefoy.

"We are sorry we have so much to trouble your Excellency; as also to inform your Lordship, that the Earl of Denbigh hath further commanded Forces of Horse and Foot out of this City, and County of Warwick, into Shropshire, and strongly contested his Power to do it, though a Command from your Lordship and Serjeant Major General Skippon was declared and produced before him; to which Colonel Purefoy acknowledging himself bound to yield Obedience, and refusing thereupon to be commanded with his Regiment of Horse into Shropshire, his Lordship solemnly protested against him for it."

Order for taking Sir N. Crispe's Gold Ore, for the Use of the Navy.

"Whereas Sir Nicholas Crispe Knight, and One of the late Commissioners and Collectors of the Customs, by an Accompt of the said Collections formerly delivered to the Committee of the Navy by Order of the House of Commons, was found to be indebted in the Sum of Sixteen Thousand Pounds and upwards (which Debt doth properly belong to the Use of the Navy); and whereas, by an Order of the said House of the 18th of February last, the said Sir Nicholas Crispe's Part of Stock and Adventure in the Ginny Company was sequestered in the Hands of John Wood Treasurer, towards Payment of the said Debt due to the Commonwealth, and for which the said Wood was to be accountable to the Parliament; and lastly, whereas there is a Quantity of Gold Ore lately arrived in the Ship Starr, belonging to the said Company, the Moiety the said Wood and Partners are contented to submit to the Demand of the Parliament for the Loan thereof, for Supply of the present Wants of the Navy; and accordingly will pay it over upon Accompt unto such Person or Persons as the Parliament shall appoint, Freight and Mens Wages first deducted, until such Time as it doth appear upon Accompt what doth truly belong to Sir Nicholas Crispe's Part of the said Gold Ore, and the Remainder to be reimbursed and paid unto them out of the Collections of the Customs in the Port of London: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That whatsoever Sum or Sums of Money shall hereafter appear upon Accompt to be justly due and belonging to the said Wood and Partners in the Gold Ore, over and above the said Sir Nicholas Crispe's Part of Stock and Adventure therein, shall be reimbursed and paid to the said Wood and Partners, upon the 25th Day of March next, out of the Collections of the Customs in the said Port of London, with Allowance of Eight per Cent. for the same; and the Commissioners of the Customs are required to perform the same accordingly: And the said Wood and Partners shall be saved harmless and indemnified, of and from all former Bonds and Covenants made and entered into between them and Sir Nicholas Crispe, or any from, by, or under him, for or in respect of the same, by Authority of both Houses of Parliament."