House of Lords Journal Volume 7: 12 December 1644

Pages 94-96

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, 12 die Decembris.

PRAYERS, by Mr. Taylor.

Ds. Grey de Warke, Speaker this Day.

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

E. of Suffolk's Cause.

Ordered, That the Solicitor of the Earl of Suffolke shall have Leave to go and speak with the Earl of Cleaveland in The Tower, concerning the Business of the Earl of Suffolke, depending before their Lordships in Parliament.

Message from the H. C. for keeping a Fast.

A Message was brought from the House of Commons, by Sir Henry Vane Senior:

To acquaint their Lordships with their Resolutions concerning keeping a Fast on Wednesday next, wherein they desire their Lordships Concurrence:

"That a Fast shall be appointed, for their House to observe on Wednesday next, to humble themselves for their particular and Parliamentary Sins and Failings, whereby they may hope to obtain God's Blessing upon their Endeavours for the future; and that Mr. Marshall, Mr. Hill, and Mr. Obadiah Sedgwicke, be desired to perform the Exercises of this Fast."

Ordered, That this House agrees with the House of Commons, in keeping Wednesday next as (fn. 1) a Fast; and the Three Ministers to preach as is desired, and doth appoint Henry the Seventh's Chapel for the Place.

The Answer returned was:


That this House agrees to keep Wednesday next a Fast, as is desired; and their Lordships have appointed Henry the Seventh's Chapel to be the Place.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Sir Wm. Lewis Knight;

To desire their Lordships Concurrence in divers Ordinances:

1. That Som'sett House shall be appointed, for the Duke of Richmond and the Earl of South'ton, and their Attendants, to reside in during their Stay here; and that it be made fit accordingly.

Agreed to.

2. An additional Ordinance, concerning the Six Thousand Pounds out of the Excise, for Ammunition, &c. (Here enter it.)

Agreed to.

The Answer returned was:


That this House agrees to the making ready Som'sett House for the Duke of Richmond and the Earl of South'ton; and this House agrees to the Ordinance of Additions to the Ordinance concerning the Six Thousand Pounds out of the Excise, for Ammunition, &c. To all the rest of the Particulars now brought up, their Lordships will send an Answer by Messengers of their own.

Free Trade with Foreign States.

The Lord North (fn. 2) reported from the Committee of both Houses concerning Free Trade with Foreign States.

The Paper was read. (Here enter it.)

Ordinance to pay the Arrears of the L. General's Army.

Next, an Ordinance was read Twice, for paying the Arrears of the Monies to be collected concerning the Lord General's Army.

No Member to visit the Lords who come from the King.

Ordered, That no Member of this House shall visit the Duke of Richmond and the Earl of South'ton, without Leave of the House first obtained.

An Officer to attend them.

Ordered, That the Lord General is desired to send some Officer of his Army, to meet the Duke of Richmond and the Earl of South'ton, coming to London from Oxon, to see that they suffer no Incivility by the Guards.

Keeping the Fast.

The Lords, considering that Henry the Seventh's Chapel is not big enough to contain both Houses at the Fast, appointed the Church in The Covent Garden to (fn. 3) keep it in.

Message to the H. C. about these Matters.

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

To let them know, that this House hath appointed the Church in The Covent Garden for to keep the Fast on Wednesday in; and further to acquaint them, that this House hath Ordered, That no Members of this House shall visit the Duke of Richmond and the Earl of South'ton, without Leave of this House first obtained.

Ordinance for the Attainder of the Abp. of Cant.

Next, the House was adjourned into a Committee during Pleasure, to consider of the Evidence given against the Archbishop of Canterbury.

The (fn. 4) House being resumed, it was moved, "That it be desired of the House of Commons, that, having heard the Counsel of the Archbishop in Point of Law, concerning the Archbishop's Charge, their Lordships might hear by some who they shall appoint to make good the Charge in Point of Law:"

And it is Ordered.

L. Purbeck's and Sir Robert Cook's Sequestration.

Next, the Certificate from the Committee at Haberdashers Hall, concerning the Business of the Lord Purbecke, was read. (Here enter it.)

And it is Ordered, That the Counsel of Sir Rob't Cooke and the Lord Viscount Purbecke shall attend the Committee of Lords and Commons for Sequestrations, to give them an Account concerning the Sequestration of Sir Robert Coke's Estate, how it came to be waved, and afterwards brought on again; and how the Lord Viscount Purbeke's Annuity comes to be stopped; and to take Care that the said Annuity for the future be paid: And the Committee to report to this House the State of the whole Business, and their Opinions and Proceedings thereupon, with all convenient Speed.

Additional Ordinance concerning 6000 l. out of the Excise, for Ammunition.

"Whereas, by an Ordinance passed the 7th Day of this present December, for the Payment of Six Thousand Pounds, by the Commissioners of Excise, to Sir Walter Erle Knight, Lieutenant of the Ordnance, for Provisions of Powder, &c. (videlicet,) Two Thousand Pounds in Hand, and the other Four Thousand Pounds at Three and Three Months: It is hereby Declared, by the Lords and Commons in Parliament, That Two Thousand Pounds thereof be lent by the said Commissioners; and they are to be allowed Interest for the same, at Eight per Cent. and to reimburse themselves the said Two Thousand Pounds out of the Intervals in Course; and the other Four Thousand Pounds is to be paid to the said Sir Walter Erle in Course, after former Payments assigned."

"The Committee of Lords and Commons appointed to treat with The States Ambassadors, do humbly remonstrate and report unto both Houses of Parliament, as followeth:

Report concerning Free Trade being demanded by Foreign States with the Ports both under the King and the Parliament.

"1. That having several Times met and conferred with the Ambassadors of The States Generall, the said Ambassadors among other Things did, and do still, continue their Demand, That the Subjects of The United Netherlands might have granted unto them, a free Trade and Commerce, into all Ports and Harbours in this Kingdom of England, according to the Law of Nature, and the Custom of all Nations, declaring against the Ordinance of Reprizal, dated the 30 of November, 1643, and the Declaration of both Houses of Parliament upon the said Ordinance, dated the 30th of August, 1644.

"2. That, having considered of the Remonstrance of the Resident of the King of Portugall, referred unto this Committee by Order of the First of October last, they find the said Resident demands free Commerce and Trade for his Master's Subjects, both with free and unfree Goods, unto all Ports and Places of His Majesty's Dominions, for which he doth alledge the Eleventh Article of the last Treaty between this State and that; protesting against the Ordinance of Parliament.

3. 1. By the First Remonstrance of the Agent for the King of France, referred to this Committee, they find that he, by Command of his Master, demands a Continuance and Liberty of Commerce in all Ports under Command of the King or Parliament.

"2. By the Second Paper from the said French Agent, referred likewise to this Committee, he renews his former Demands, for Continuance of the Commerce of the French with all England, and Security of their Merchandizes which shall be laden on English Shipping, according to the mutual Treaties.

"3. By the Third Paper from the said French Agent, referred to this Committee on the 6th of this present November, he intimates that he hath been with the King, and obtained His Majesty's Consent for free Commerce in all Ports and Harbours, and with any Vessels, in cafe the Parliament would consent to the like; desiring therefore to know the Resolutions of the Parliament in that Behalf.

"On the other Side,

"This Committee have considered of the Petition of the Lord Mayor, Aldermen, and Common Council of the City of London, referred unto this Committee, against Free Trade; and having often heard them, and discussed the Point with them, at Length they brought in their Reasons, with the Opinions of Mr. Dr. Eden and Mr. Dr. Walker to the Point, in Writing; praying thereupon a Continuance in full Force of the Ordinance of the 30th of November, the Revocation of the Declaration of the 30th of August, in so much thereof as is contrary to the said Ordinance; which Reasons and Opinions are by Vote Ordered to be read in either House of Parliament.

"Upon Debate and Consideration of the Arguments and Allegations on both Sides; this Committee do find,

"That in case Free Trade and Commerce be granted, these Inconveniences were represented:

"1. A Trade may be managed by the ill affected Party, under Colour of Foreigners in the Enemy's Quarters.

"2. The Customs and Excise in the Ports and Places under the Obedience of the Parliament will be lessened, and thereby the Parliament weakened.

"3. The Customs and Excise in the Ports under the Power of the Enemy increased, and thereby strengthened.

"4. Private Men of War discouraged, the Trade of the well-affected lessened.

"5. The Ships of Foreigners and their Mariners will be thereby employed, and the Navigagation of this Kingdom decay and the Mariners brought to Extremities, and the Trade of the Kingdom managed by Strangers.

"6. The Enemy may thereby be furnished with Arms, Ammunition, Victuals, Money, and all other Provisions, with a Navy at Sea, whereupon a greater Navy must be set out by the Parliament, to their greater Cost and Charge.

"In case Free Trade and Commerce be not granted, these Inconveniences were represented:

"1. Foreign States may, by the same Rule, prohibit all Englishmen to trade in any of the Ports of their Enemies.

"2. Foreign States being prohibited by the Parliament to trade into the Enemies Ports, and by the King into the Ports under the Parliament, do pretend they enjoy no Benefit of the Treaties made with this State.

"3. The Goods, Merchandizes, and Estates, of all Englishmen, lying in Foreign Parts, may thereupon be in Danger to be embargoed.

"4. All Trade with the said States may be in Danger to be obstructed, if not quite overthrown.

"Upon Consideration of the whole;

"This Committee are of Opinion,

"Forasmuch as this is a Matter of very great Consequence, having relation to Foreign States and Princes, and that the State of Scotland is with this Kingdom concerned in the same,

"That it be referred to the Committee of both Kingdoms, to consider on the whole Matter; and they to return their Opinions thereupon, to both Houses."

Report of the Committee at Haberdashers Hall, touching L. Purbeck's Case.

"According to an Order of the House of Peers, of the 7 of November, 1644, the Committee of Lords and Commons for Advance of Money do certify the Case of the Lord of Purbecke, as followeth; (videlicet,)

"That, in October, 1643, Sir Robert Cooke (whose Lands in Suff. are charged with a Rent Charge to my Lord of Purbecke) was assessed at Two Thousand Pounds, for the Twentieth and Fifth Part of his Estate; and, in Default of Payment thereof within the Ten Days limited by Ordinance, the Collectors belonging to this Committee went into the Counties of Norff. and Suff. to seize upon Sir Rob't's Estate, which they found sequestered by the Earl of Manchester's Commissioners, which Sequestration was afterwards waved, and the Twentieth Part ordered first to be satisfied; and the Collectors received out of the Estate the said Two Thousand Pounds; the greater Part whereof was paid to the Lord Say, for Payment of Monies charged upon Bills of Exchange from Bristoll; and Sir John Horner, according to Ordinance.

"That the Collectors did only levy Ninety-three Pounds out of Sir Rob't Cooke's Estate in Suff. which is only charged with the Rent Charge of the Lord Purbecke, the Remainder of the Assessment being levied out of Sir Robert's Estate in Norff.; that, so soon as the Lord Purbecke addressed himself to this Committee for his Rent Charge, they took off the Seizure on Sir Robert's Estate made by them, to the End his Lordship might be paid the same out of Sir Robert's Estate, there being at that Time about Fifteen Hundred Pounds due for Rents.

"This Committee is likewise of Opinion, That the Twentieth and Fifth Part ought to be satisfied, before any Annuity or Debt whatsoever."


House adjourned till 9a cras.


  • 1. Deest in Originali.
  • 2. Origin. report.
  • 3. Origin kept.
  • 4. Deest in Originali.