House of Lords Journal Volume 7: 5 December 1644

Pages 87-89

Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Jovis, 5 die Decembris.

PRAYERS, by Mr. Gibson.

Ds. Grey de Warke, Speaker.

L. General.
Comes Pembrooke.
Comes Sarum.
Comes Nottingham.
Comes Suffolke.
L. Admiral.
Comes Rutland.
Comes Bolingbrooke.
Comes Stamford.
Comes Manchester.
Comes Denbigh.
Comes Northumb.
Ds. North.
Ds. Mountague.
Ds. Dacres.
Ds. Bruce.
Ds. Wharton.
Ds. Howard.
Ds. Berkley.
Ds. Willoughby.

North and Conisby.

Ordered, That this House will hear the Business between Mr. North and Mr. Conisby this Day Three Weeks; and the Prayer of his Petition granted, concerning the producing his Witnesses.

Orders from the H. C. for Concurrence.

Next was read, an Order formerly brought up from the House of Commons, to pay One Hundred Pounds to Captain Haynes, and him that procured his Escape. (Here enter it.)

Agreed to.

Next was read, an Order to pay Two Hundred Pounds to the Speaker of the House of Commons.

(Here enter it.)

Agreed to.

Ordinance for a new Seal for the Duchy of Lancaster.

Next, an Ordinance was read Twice, for putting into Use the new Seal for the County Palatine of Lancaster, and committed to these Lords following:

Comes Pembrooke.
Comes Sarum.
Ds. North.
Ds. Bruce.

Serjeant Whitfield, to attend.

Any Two, to meet on Saturday next, in the Morning.

The Lord Wharton presented to this House a Letter from the Committee of both Kingdoms, sent to them from Newcastle, which Letter the Committee sent to the Lord Mayor of London:

Ship-load of Coals sent from Newcastle, for the Use of the London Poor.

"My Lords and Gentlemen,

"We have thought fit to send a Ship's Lading of Coals from Newcastle, for the Use of the Poor of the City of London; and have agreed with James Grenaway, Master of The Sarah of Lyn, to deliver the same at London, being Ninety Chaldrons Newcastle Measure. The Freight (all other Charges being allowed to Mr. Grenaway which he hath disbursed) comes to One Hundred and Thirty Pounds. We desire that my Lord Mayor may be acquainted herewith, that so the Master may receive Payment for his Freight, and be speedily disburthened of his Lading.

Newcastle, 22 Nov. 1644.

"Signed in the Name, &c.

"Your Lordships humble Servants,

"Sinclare, J. P. D.

"Wm. Armyne."

This House thought it fit it be referred to the Lord Mayor, that the Poor without the Liberties might have a Proportion of these Coals.

Message to the H. C. for Committees to meet about the French Minister's Audience;

A Message was sent to the House of Commons, by Sir Robt. Rich and Mr. Page:

To desire that the Committee of the House of Commons appointed to meet with the Committee of Lords, concerning the Reception of the French Agent, may meet this Afternoon, at Three of the Clock, to consider of the Letter writ to Sir Oliver Fleming, Master of the Ceremonies, and concerning his Reception in his Audience.

and about an Answer to The States Ambassadors.

Also to desire that the House of Commons would give Concurrence to the Answer to The States Ambassadors, prepared by the Committees of both Houses, and agreed unto by the Lords.

Message from the H. C. to pass the Ordinance to continue the One for Martial Law, that Sir John Hotham and others may be tried.

A Message was brought from the House of Commons, by Walter Longe Esquire, and others; videlicet,

"We, the House of Commons, have formerly sent unto your Lordships a very short Ordinance, for the Continuation of the Ordinance for the Commissioners of Martial Law sitting within the City of London, with Notice that the former Ordinance was very near determining; and, my Lords, we are to let you know, that it doth this Day expire. The Commissioners have proceeded to the Trial of Sir John Hotham, have heard his Defence, and are almost ready for Sentence, and cannot proceed either to quit him or condemn him without Continuation of the Ordinance; they have sent for many Witnesses of Quality and others, from divers remote Parts of the Kingdom, which have been examined touching Captain John Hotham, and divers others; some of which Witnesses in respect of their Employments, others of their Wants, press to be discharged; and having been oftentimes, by Petitions from the City of London, and otherwise, earnestly pressed for the speedy Execution of Justice upon notorious Malefactors, we desire your Lordships speedy Concurrence in that short Ordinance.

"And to desire that Sir Erskin may be added to the Assembly of Divines."

Agreed to.

The Answer returned was:


That this House will send an Answer by Messengers of their own to the Ordinance concerning Martial Law; and concerning the adding of Sir Erskin to be of the Assembly, they do concur in it.

Ordinance to continue the One for Martial Law.

The Ordinance concerning the Continuance of the Ordinance of Martial Law was read Thrice, and Agreed to with an Alteration, which was to confine it to One Month. (Here enter it.)

Message to the H. C. with it.

A Message was sent to the House of Commons, by Serjeant Fynch and Doctor Aylett:

To deliver to them the Ordinance concerning Martial Law with the Alteration, wherein their Lordships do desire their Concurrence.

The Answer was:


That the House of Commons agrees to this Ordinance, with the Alteration for a Month. (Here enter it.)

Oldham sreed from an Arrest.

Next, Oldham was brought to the Bar, by a Habeas Corpus directed from this House: and immediately he was discharged, by Order of this House, from his Imprisonment, by Privilege of Parliament, he being in the Service of the Parliament, under Command of the Earl of Denbigh.

Order for Money to Captain Haynes.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That One Hundred Pounds be forthwith paid, by the Committee at Habberdashers-hall, to the Committee of the West, to be by them distributed, Fourscore Pounds to Captain Haynes, and Twenty Pounds to the Man that procured the Escape of Captain Haines, being Prisoner in Portland."

Order for 200 l. to Mr. Lenthall, Speaker of the H. C.

"Whereas the House of Commons formerly granted unto William Lenthall Esquire, Speaker of the said House, Six Thousand Pounds, in Acknowledgement of the great and faithful Service done by the said William Lenthall to the Commonwealth, in the Place of Speaker, Part whereof is yet unpaid, by reason of the great Occasions of the Commonwealth; and whereas Two Hundred Pounds was lately issued forth, and paid, by the Committee at Habberdashers-hall, unto the said William Lenthall, as Part of the Remainder of the said Six Thousand Pounds: It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the said Two Hundred Pounds shall be allowed unto the said Committee, upon passing their Accompts."

"An Ordinance for the Continuance of the Court Martial, established to sit in London, Westm, or within the Lines of Communication.

Ordinance to continue the One for Martial Law.

"Whereas the Lords and Commons assembled in Parliament, the 16th Day of August, 1644, did Ordain and Establish a Court Martial, to sit in some convenient Place within the Cities of London, Westm. or Lines of Communication; and whereas the said Ordinance, and Authority thereby given and appointed to the Persons therein nominated, was to endure and to have Continuance only for Four Months from the making thereof, which is now almost expited; and whereas afterwards the said Lords and Commons, by Two other Ordinances, the One of the 29th Day of August following, and the other of the Sixteenth Day of September last, did explain, declare, and enlarge, the Power of the Commissioners appointed by the first-recited Ordinance abovesaid: Now the said Lords and Commons, by Authority of this present Parliament, do Order, Ordain, and Declare, That the said Ordinances, and the Authority by them given and appointed to the Persons in the said firstrecited Ordinance nominated, shall endure, and have Continuance, for One Month longer from the Expiration of the same, to all Intents and Purposes, as if the said Ordinances had been at first made to have Continuance for Five Months from the passing of the same."

Associated Counties of Norff. Essex, &c. to be preserved from the King's Army.

"Upon Intelligence to this House, That a great Party of the King's Army is advancing to the associated Counties of Norff. &c. It is hereby recommended, by this House, to the Care of the Committee of both Kingdoms, to give speedy Direction for the Preservation of those Counties."