Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Veneris, 7 die Novembris.
PRAYERS, by Doctor Gouge.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Message from the H. C. with Letters to be sent to The States General; and with Ordinances.
A Message was brought from the House of Commons, by Sir Henry Vane Junior, &c.
To desire Concurrence in these Particulars:
1. [ (fn. 1) Two Letters] in Lattin, to be sent to States in Holland. (Here enter them.)
Read, and Agreed to; and the Speakers to sign them.
2. An Addition to an Ordinance concerning Derby. (Here enter it.)
3. An Ordinance to issue out of the Excise Two Thousand Pounds, for the Forces in Lancashire.
(Here enter it.)
The Answer returned was:
That this House agrees to all the Particulars now brought up.
The Earl of Manchester reported a Paper from the Committee of both Kingdoms, as follows:
"Die Jovis, 6 Nov. 1645.
"At the Committee of both Kingdoms, at Derby House.
Colonel Payne to be Governor of Abingdon.
Ordered, That it be reported to both Houses, That Major General Browne hath recommended Colonel George Payne to be Governor of Abbingdon; and to desire the House (if they please) to give Order for a Commission for him for that Purpose."
Approved of; and the Concurrence of the House of Commons to be desired herein.
Mr. Pym's Ordinance.
Ordered, That the Committee for Mr. Pym's Ordinance do meet To-morrow Morning, and after when they please:
The Earl of Manchester, Earl Lyncolne, Lord Viscount Say & Seale.
Cromwell versus Sir Henry Tracy.
Ordered, That Sir Humphry Tracy Baronet shall have further Time granted him, till this (fn. 2) Day Fortnight, to put in his Answer to the Petition of Mrs. Cromwell peremptorily.
E. of Denhigh's Officers Petition, to have the Benefit of concealed Estates for their Arrears.
Upon reading the Petition of the Officers lately under the Command of the Earl of Denbigh; (fn. 3) desiring, "They may have the Benefit of such Estates and Goods as they shall discover to be concealed from the State; which they desire may be for Satisfaction of their Arrears."
Ordered, That the Consideration of this Petition, and the Ordinance annexed, is referred to these Lords following:
Any Two, [ (fn. 2) to meet] To-morrow Morning, and when afterward they please.
The Speaker presented a Petition to this House; which was read, as follows:
L. Cromwell's Petition, to be received into Favour.
To the Right Honourable the Lords assembled in Parliament;
Baron of Ouckham,
"That he, not truly understanding the Justness of the Cause this State hath in handling till of late, did, through some plausible Persuasions of His Majesty, (fn. 4) continue with Him; until, by true Information of some Friends, I found that His Majesty was not only misled, but His Deafness to those He ought to hear best was liker to increase, than by wholesome and well-grounded Propositions from hence receive an Opening and Enlargement of that Organ; upon which, your Lordships humble Servant and Suppliant, ambitious to redeem himself in the good Opinion of your Lordships, and also of the Honourable House of Commons; and, Secondly, to preserve his Honour and Reputation with those that stood for Religion and the Liberty of the Subject; did (upon serious Deliberation) bethink himself to lay hold upon your Lordships Declaration, and the Articles of Prince Rupert and General Fairefax, and resolved to become a new Man, and to be faithful in the Cause now depending here, either by Oath or otherwise; which I humbly desire may be received for such a Truth as not to be suspected or denied; and, in regard of my high Poverty, I may not be restrained to any chargeable Prison, or other Restraint; but, if at all, to my Chamber or some Public Minister of State's House, as the Sheriff or some Alderman of this City; not being in any present Capacity any ways able to subsist, having not had Fifty Pounds of his own Estate these Four Years, either in England or Ireland.
"And he shall ever pray, &c.
Committed to the Black Rod.
Ordered, That the Lord Cromwell shall stand committed to the safe Custody of the Gentleman Usher attending this House, there to remain till the further Pleasure of this House be signified, for deserting the Parliament contrary to his Duty.
Pass for Prince Rupert, and others.
Next, the Earl of Northumb. reported a Pass, to be given to Prince Rupert and his Company, to go out of the Kingdom; which Pass the Committee of both Houses have approved of, with some Instructions to those that shall be employed for taking of their Engagements; which the Committee offers to the Consideration of the Houses.
The Pass was read, and approved of by this House.
The Instructions were read, and approved of; and the Concurrence of the House of Commons desired herein.
Ordinance to redress Abuses in Heraldry.
Next, an Ordinance for Redress of Abuse in Coat of Arms, was presented to the House, and read, and approved; and these Lords appointed to be Committees, to join with a Committee of the House of Commons:
L. Viscount Say & Seale.
Steward and De Franchi.
Upon reading the Petition of Walter Steward Esquire: It is Ordered, That the Cause between him and Nic. de Franchi shall be heard, at this Bar, by Counsel on both Sides, on Tuesday Sevennight next; and that the Petitioner shall have the Benefit of the Depositions formerly taken concerning this Cause in Spayne.
Chickley to be instituted to the Rectory of Ripton Regis.
Ordered, That Wolstaine Chicheley, Minister, shall be instituted and inducted to the Rectory of Ripton Regis, in Com. Hunt. being presented to the same by the Commissioners of the Great Seal; and Sir Nath. Brent is hereby authorized to give him Institution and Induction accordingly.
Mr. Carte's Institution.
Ordered, That Sir Nath. Brent shall institute Mr. Carte, Minister, to
Message to the H. C. for their Concurrence in Prince Rupert's Pass.
A Message was sent to the House of Commons, by Serjeant Ayliff and Doctor Heath:
To desire Concurrence in the Pass to Prince Rupert and his Company, to go out of the Kingdom; and to the Instructions to those that shall take their Engagements.
Amendment to the Ordinance concerning Derby.
"Resolved, by the Lords and Commons in Parliament, That these Words (videlicet), ["which Moiety shall be paid to the Treasurers for the said Town and County for the Time being, whose Receipt shall be a sufficient Discharge to the Commissioners of Excise, and their Sub-commissioners, in that Behalf"] shall be, and hereby is, added to the Ordinance of both Houses, of the Sixth of September, 1645, for the granting of a Moiety of the Excise to the Town and County of Derby."
Order for the Commissioners of Excise to reimburse themselves 2000l. advanced for the Forces in Lancashire.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have, upon an Ordinance of the 29th of August last, advanced and lent the Sum of Two Thousand Pounds, for the Service and Advantage of the Forces of Lancasheir: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise may satisfy and reimburse themselves, and that their Executors; Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Two Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. per Annum; for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, by Ordinance of the 11th of September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, or, in Default thereof, in such Order and Course as the said Ordinance of the 29th of August last shall succeed and take Place; and that the said Two Thousand Pounds; advanced as aforesaid, be paid unto Mr. James Wainright, of London, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf: And be it further Ordained, That in case the said Two Thousand Pounds and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Intervals or Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors and Administrators, shall be reimbursed and paid, out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of Principal and Interest accordingly."
Letter to The States General, about Hull Merchants, who have sustained Damages by De Witt.
"Illustres, Nobilissimi, ac Præpotentes Domini,
"Ex eo quod Illustres vestræ Dominationes iniquam Nicholai De Witte Causam contra Duas Mercatorum Hullensuim quas prædatus est Naves cognosci, eumque in Jus vocari voluerunt, grato agnoscimus Animo laudabile vestrum Justitiæ administrandæ Studium, de quo quidem sumus agentes Gratias; vestras Illustres Dominationes amice velimus rogatas, ut, amotâ Cunctatione, omnis istius Causæ Lis (si qua moveatur) tollatur, Naves & Bona cum Impensis Proprietariis restituantur, in istum De Witte quod & publicam Pacem & Mandata ab Illustrissimis Dominis Ordinibus Generalibus lata violaverit, Jure animadvertatur; id scilicet erit & vestræ Justitiæ hâc in re Complementum, & constantis in nos Amicitiæ & Benevolentiæ Argumentum, quod vicissim, pari Curæ, Operâ, & Amore, demereri semper studebimus (sicut noster Prolegatus Striclandus vobis uberius exponet); vestris Illustribus Dominationibus fausta & felicia quæque voventes.
"Illustribus vestris Dominationibus addictissimi,
"Proceres & Ordines Communium Parliamenti Angliæ.
"Grey de Warke,
Letter to The States of Holland, about the same Business.
"Illustrissimi Præpotentes Domini,
"Non fert sincerus noster in Illustrissimas vestras Excellentias illisque Unitas Provincias Affectus atque vera Amicitia, quam diuturna inter utrasque Gentes sancivit Necessitudo, & firmavit eadem quam utrinque profitemur Religio, ut de promptâ vestrâ Justitiâ Hullensibus de vestris, five Nicholao De Witte, Jure querentibus Mercatoribus administranda, quicquam dubitemus; memores igitur vestrorum æquissimorum Deprædationes istiusmodi prohibentium Mandatorum, vestras Illustrissimas ac Præpotentes Excellentias hoc saltem amice & instanter rogatas velimus, ut, sine Morâ, Causa ista decernatur, Naves & Bona Proprietariis restituantur, Impensarumque Compensatio fiat, atque de isto De Witte ut publicæ Pacis & vestrorum Decretorum Violatore condigna Pæna sumatur; illud & vestræ Justitiæ & veræ (quam quidem semper sancte colemus) Amicitiæ Argumentum, ut omni Operâ & Studio vicissim demereamur, gratamque Mentem usque testemur, sedulo curabimus; Præpotentes & Illustrissimas vestras Excellentias quam diutissime valere, & omnia prosperrime agere, ex Animo precantes; & quicquid præterea significandum superesse potest; nostro vobiscum moranti Prolegato exponendum relinquentes.
"Illustrissimis Præpotentibus vestris Excellentiis studiosissime addicti,
"Proceres & Ordines Communium Parliamenti Angliæ.
"Grey de Warke,
House adjourned till 9a cras.