Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, videlicet, 24 die Januarii.
Lords present this Day:
Ds. Grey de Warke, Speaker this Day.
Letter for The Charles to remain at the Isle of Wight, for its Defence.
The Lord Admiral acquainted this House with a Letter from Tho. Carne and Jo. Button, dated the 19th of January, 1643, desiring that the Ship The Charles may reside where she is now, in regard she is a great Security to the Isle of Wight and those Places; and desired that she may (fn. 1) be re-victualed: Hereupon this House thought it sit to communicate this Letter, at a Conference, with the House of Commons, that so the Lord Admiral may have an Order for the Victualing of this Ship, and for further Directions in this Business.
Deputy Lieutenants for Surry.
Ordered, That this House approves of these Persons following, to be Deputy Lieutenants for the County of Surry:
Wm. Lord Mounson.
Sir Wm. Elyott Knight.
Sir John Dingley Knight.
Sir Mathew Brand Knight.
Sir Rob't Wood Knight.
Henry Tunstall Esquire.
Francis Drake Esquire.
John Goodwin Esquire.
George Farewell Esquire.
Message to the H. C. to concur in their Nomination, and for a Conference about the Safety of the Isle of Wight.
A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Aylett:
To desire a present Conference, touching some Letters from the Isle of Wight, being of great Importance; and to desire their Concurrence for the Persons aforesaid to be added, to be Deputy Lieutenants for the County of Surry.
Governors of Sutton's Hospital to chuse new ones.
Upon Information to this House, "That there are divers Governors of Sutton Hospitalls that are dead, and divers others are Delinquents, that so the Affairs of that Hospital suffer much Prejudice, by reason of the Want of Governors:" Hereupon this House Ordered, That it is hereby recommended to the Governors of that Hospital, that, at their next Meeting, they do exclude such Governors as are Delinquents, and chuse such other Persons in their rooms as they shall think fit Persons for that Government.
Carvaiall a Spaniard's Petition, about his being assessed.
Upon reading the Petition of Ferdinando Carvaiall, Subject to the King's Majesty of Spaine, complaining of the great Taxes laid upon him in London by the Committee there, which will be a great Prejudice to the English Merchants in Spaine, if some Course be not taken herein:" Hereupon this House referred it to the Committee for Assessments in London, to take the Con sequences of this Petition in their Consideration, and the Inconveniences as will follow to the Engl. Merchants in Spaine. (Here enter the Petition.)
Mr. Good to be One of the Assembly.
Upon Information to this House, "That a Place in the Assembly is vacat;" Mr. Wm. Goode, Bachelor of Divinity, of Denton, in Norfolke, was nominated to be of the Assembly: Which this House approved of, and Ordered to send to the House of Commons, to desire their Concurrence herein.
Sir John Cutts's Possession in Swacy quieted.
Upon reading the Petition of Sir John Cutts of Cambridgeshire, desiring, "That the Closes in the Manor of Saucy, in the County of Cambridge, lately inclosed by Consent of the Inhabitants, may remain in the quiet Possession of the Petitioner, and his Tenants and Farmers, until he shall be evicted by due Course of Law:" Hereupon this House Ordered, That it is hereby referred to the Earl of Manchester, to give Order to quiet the Possession, according to the Desire of the Petition.
Examinations taken by the Lord General, about Intelligence being sent to Oxford.
The Lord General acquainted this House, "That he hath taken the Examinations of James Hudgebant Gentleman to the old Lady Lovelace, and Moses Wall and Mr. Stirry, concerning the keeping of Intelligence with Persons at Oxford; and because they concern some Members of the House of Commons, his Lordship hath delivered the Originals to the House of Commons, but hath (fn. 2) them not returned to him again, and hath Copies of them; and he thought it his Duty to acquaint this House therewith, because it concerns some Members of this House."
Hereupon this House commanded the Lord General to produce the Copies of the said Examinations, and caused the same to be read.
Hereupon this House Ordered the Speaker of this House to give the Lord General Thanks for his Care in enquiring to the Bottom of this Business; and Declared, That his Lordship had done nothing but according to the Duty of his Place as Lord General.
Message to the H. C. about adding Divines to the Assembly.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To desire their Concurrence in nominating Mr. Good to be One of the Assembly; and to desire their Answer concerning the adding of Mr. Horton to be of the Assembly, formerly sent down to them.
The Answer returned was:
That the House of Commons will send an Answer, by Messengers of their own.
Complaint against Spratt.
Witnesses against Gwyn and Bradnax.
Ordered, That this House will hear the Complaint against Steven Spratt on Saturday next, at which Time the Witnesses formerly appointed are to attend: And because the said Spratt alledged that Two of the Witnesses against him have spoken scandalous and dangerous Words against the Parliament, he desires that Edward Messenger, George Worsencraft, Ric'd Butler, Ric'd Pierce, Wm. Simons, Rob't Heywood, and John Johnson, may be Ordered to attend this House at the aforesaid Time, to witness against John Gwinn and Henry Bradnax: Which this House Ordered accordingly.
Ordinance to prevent Lords who come from Oxford from sitting in the House without Consent of both Houses.
The Lord Admiral presented to this House the Draught of an Ordinance for preventing Lords that come from Oxford to sit in the House without Consent of both Houses; which being read Twice, was Ordered to be committed to a Committee of the whole House, to meet on Friday Morning next.
To sit P. M.
Ordered, That this House shall sit again at Four of the Clock this Afternoon.
Carvaiall a Spaniard's Petition, for Relief from his Assessment.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of Anthony Fornandez Carvaiall, Subject to the King's Majesty of Spaine;
"That the Petitioner, in humble Obedience to the Ordinances and Proceedings of Parliament, hath paid Three Hundred Forty-eight Pounds, Twelve Shillings, as by the Particulars annexed appears, besides Five Shillings Weekly, to maintain (fn. 3) Soldiers for the Parliament's Service, and also Double Duties in the Parish where (fn. 4) he lives, and Double Custom for Exportation and Importation of Goods; and all this he hath hitherto undergone, for not to engage His Majesty's Ambassador of Spaine in so just Complaints of the Breach of the Conditions accorded by the Articles of Peace; which if strictly compared, and the like put in Execution upon the English Subjects residing in Spaine, would at this Rate and Respect exact from them above Twenty Thousand Pounds Yearly; and now again, towards the Levy made in Form of Fifty Subsidies, the Petitioner is assessed at Four Hundred Pounds; which His Majesty's Ambassador of Spaine taking Notice of (and that it is as much as Four Aldermen be assessed at), hath required and forbidden the Petitioner to make any Contribution thereto, without the special Order and Direction of this Honourable Assembly, that, in Conformity thereof, he may give Account to His Majesty of Spaine how His few Subjects here are used and dealt withall.
"The Petitioner humbly prayeth this Honourable Assembly to take the Premises into Consideration, that his former Readiness and Obedience may not be to his future Prejudice; and to Order and Declare, that the aforesaid Assessment may be suspended for the re-heard Considerations.
"And the Petitioner shall ever pray, &c.
"Anto. Fernandez. Carvaiall.
Sir John Cutts's Petition, to be quieted in the Possession of the Manor of Swacy.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of Sir John Cutts Knight,
"That, about Twenty Years sithence, your Petitioner had a Decree in Chancery (he being Lord of the Manor of Swacy, within the County of Cambridge), by the Consent of all the Inhabitants, for the inclosing of Two Parcels of Land, within the said Town and Parish of Swacy, containing Seventy Acres, or thereabouts; and that being much less than in Truth his, your Petitioner's, Proportion came to, yet your Petitioner did therewith content himself, and inclosed and much improved the said Grounds with Fences, Ditches, planting of great Store of young Trees, and other his great Charge, for the Benefit as well of the Commonwealth as his private Profit, and hath quietly and peaceably held the Possession of the same by the Space of Twenty Years; but so it is, that divers idle, disorderly, and disaffected People of that Town take to themselves the Advantage of these distracted Times, and to threaten to pull up the young Trees by your Petitioner there set, and to throw in the Ditches, and to lay the said Grounds to Common again; which will tend greatly to the Prejudice of the Commonwealth, as also to your Petitioner.
"Your Petitioner doth humbly pray your good Lordships, to be pleased to order the said Closes so inclosed to be and remain in the quiet Possession of your Petitioner, his Tenants, and Farmers, and others claiming under him, until he or they shall be evicted by due Course of Law; and that the Deputy Lieutenants and Justices of the Peace of the same County of Cambridge, and other His Majesty's Officers, may from Time to Time, as they shall be desired, on the Behalf of your Petitioner or his Tenants, endeavour by all lawful Means to continue the quiet Possession of the Premises unto your Petitioner as aforesaid, until he shall be evicted by Course of Law, or Order of Parliament.
"And your Petitioner shall daily pray, &c.
"Richard Richmond, aged Thirty-six Years or thereabouts, maketh Oath, That one John Martin bid him tell Sir John Cutts, that he would break down the Rail and Fences of the said Sir John Cutts in Swasey, within (fn. 5) the County of Cambridge; and that he did not doubt but to have divers Men to assist him in the same.
"The Mark of
Jur. coram me, Ed'ro Eltonhead,
in Cancellaria uno Magistro, 23
Affidavits concerning it.
"John Betts, aged Twenty-two Years or thereabouts, maketh Oath, That he hath heard divers report, that John Martin and many others, in Swacy, within the County of Cambridge, would break down the Fences and Rail of Sir John Cutts's Closes in Swacy aforesaid, and thereunto put their Cattle.
Jurat. coram me Ed'ro Eltonhed,
in Cancellaria uno Magistro, 23
House adjourned till 4a post meridiem.
Lords present this Afternoon:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ds. Willoughby of Parham.
Answer from the H. C.
The Messengers sent to the House of Commons in the Morning return with this Answer:
That the House of Commons will give a Conference, as is desired, in the Painted Chamber; and they concur that the Persons shall be added to be Deputy Lieutenants for Surry.
Upon reading a Letter from the Lord Dacres, dated from Herstmounceaux, dated the 22 Jan. 1643, directed to the Lord Gray of Wark, Speaker of this House, as followeth:
Letter from Lord Dacres, that he will attend the House as soon as he can travel.
"On Wednesday Night last, I received your Lordships of the 9th of this Month; and would have most gladly obeyed the Commands of the House of Peers, by coming presently away to wait on the Affairs of the Kingdom on the 22th, had not the Ways ever since been so extremely clogged by a very deep Snow, that Men pass not without much Danger: I beseech your Lordship to add to this Reason the Weakness of mine own Health, not able to endure the Rigour of Journeying on Horseback, in such exceeding cold Weather as now it is, and to represent this to their Lordships favourable Constructions; not that I intend to make long Use of any Way to excuse myself from that Duty, which I shall ever owe to the Commonwealth, but very shortly shall give mine Attendance on their Lordships with all Willingness and Readiness. And so I rest
Most humble Servant,
His Absence excused.
Ordered, That this House dispenses with the Lord Dacres Attendance on this (fn. 6) House for the present.
Message from the H. C. about rectifying St. James's House;
A Message was brought from the House of Commons, by Sir Henry Mildmay, &c.
To desire, at the next Conference, they may communicate something to this House, concerning the rectifying the House at St. James.
and with Orders for Concurrence.
2. To desire their Lordships (fn. 6) to concur in Three Orders:
1. An Ordinance to secure the Payment of Six Thousand Pounds to the India Company, taken up for the Occasions of the Navy. (Here enter it.)
2. An Ordinance for paying Two Thousand Pounds, for the Lord General's Army. (Here enter it.)
3. An Order to pay his Excellency the Lord (fn. 7) General Seven Hundred Pounds, advanced by him for Relief of the Army. (Here enter.)
The Answer returned was:
That their Lordships do agree to the Three Orders now brought up; and their Lordships will hear, at the next Conference, what they shall offer concerning rectifying of St. James House.
Witnesses sworn in the Archbishop of Canterbury's Cause.
William Dade and Ric'd Kilvert were sworn, and are to be examined as Witnesses, concerning the Archbishop of Canterburie's Cause.
Next, the Order formerly brought up from the House of Commons was read, concerning paying of Billetmoney to the County of Midd. videlicet,
Order for paying Billetmoney to the County of Middlesex.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Inhabitants of Middlesex shall be satisfied their just Debt, for billeting Soldiers, out of the Twentieth Part, within the County of Middlesex."
Ordered, That this House agrees to this Order, for Middlesex only.
Ordered, That this (fn. 7) House shall be adjourned until Friday next, at Ten of the Clock in the Morning.
Message to the H. C. that the Lords adjourn to Friday.
A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Aylett, to let them know so much.
Order for Repayment of 6000 l. to the East India Company, advanced for Supply of the Navy.
"Whereas the Governor and Company of Merchants of London, trading into The East Indies, have advanced, by Way of Loan, the Sum of Six Thousand Pounds, for the Supply of the pressing Wants and Necessities of the Navy: It is therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Six Thousand Pounds, with Interest after the Rate of Eight Pounds per Centum, shall be re-paid and reimbursed, out of the Excise or new Impost on Flesh and Salt (being appropriated for the Use of the Navy), within Four Months after the Date of this Ordinance, unto the said Governor and Company of Merchants of London trading into The East Indies, or unto their Treasurer for the Time being; whose Receipt, together with the Common Seal of the said Governor and Company, 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.
"And in case Payment of the said Six Thousand Pounds, with Interest for the same, should not be paid unto the said Governor and Company within the Time as aforesaid, then it is hereby further Ordered and Ordained, by the said Lords and Commons in Parliament, That the said Governor and Company shall be reimbursed, by Way of Defalcation, the said Sum of Six Thousand Pounds, with Interest after the Rate of Eight per Cent. out of the Customs or Subsidy of such Goods and Merchandise as shall next be imported into the Port of London after the Date of this Ordinance, for the said Governor and Company's own Accompt."
Order for 2000 l. more for the Lord General's Army.
"It is this Day Ordered, by the Lords and Commons in Parliament, That Two Thousand Pounds, out of the Monies at Habberdashers Hall, be added to the Ten Thousand Pounds formerly assigned to the Service of the Forces under the immediate Command of his Excellency, and sent down upon Accompt, to pay that Army; and that the Committee at Habbershash'rs Hall do forthwith pay the said Sum of Two Thousand Pounds to the Treasurers at Guildhall; and that by them it be forthwith paid over to the Treasurer at Wars, upon Accompt, to be paid and sent down to the Army accordingly."
Order for Repayment of 700 l. to the Lord General.
"It is this Day Ordered, by the Lords and Commons, That the Committee at Habberdash'rs Hall do forthwith pay, out of the Monies there, unto the Treasurer at Guildhall, Seven Hundred Pounds, to be by them forthwith paid over to the Treasurer at Wars, and by him paid over to his Excellency, for Re-payment of so much advanced by his Excellency for the Service of the Forces under his immediate Command."