House of Lords Journal Volume 10: 12 August 1648

DIE Saturni, 12 die Augusti.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letter, &c. from the L. Admiral, about the Ship Dacres.

The Report read Yesterday from Derby House, being the Letter of the Lord Admiral, and the Examinations concerning the Ship Dacres, was again read.

And the Question being put, "Whether to send this Report to the House of Commons by Messengers?"

It was Resolved in the Affirmative.

Answer from the H. C.

Doctor Heath and Mr. Eltonheade return with this Answer from the House of Commons:

That they will send an Answer by Messengers of their (fn. 1) own.

Message to them, with the Examinations, &c. about the Ship Dacres;-for a Conference about repealing General Skippon's Ordinance;-and to remind them of Morris's Order.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Eltonheade:

1. To deliver to them the Letter of the Earl of Warwicke, and the Examinations concerning the Ship Dacres.

2. To desire a present Conference, in the Painted Chamber, concerning the recalling of some Votes, to give Power to Major General Skippon to inlist Forces.

3. To put them in Mind of the Order concerning Mr. Morris, in regard of the former Engagement of the Houses to the said Morris.

Message from the H. C. for the Conference;-and about the Obstruction of Business complained of.

A Message was brought from the House of Commons, by Mr. Ellis:

To let their Lordships know, that whereas there was a Conference to be Yesterday, concerning divers Parti culars; in regard of the Multitude of Business, they could not meet: But are ready to give their Lordships a Conference, when this House shall please to appoint.

2. That whereas Yesterday One Part of the Message was to be concerning some Obstructions in the Dispatch of Business between the Houses; which Words they conceive are so general, that they know not (fn. 2) to give an Answer.

The Answer returned was:

Answer.

That this House appoints a present Conference, in the Painted Chamber, upon the Matters desired.

Ordinance for Martial Law at Sea.

An Ordinance was presented to the House, for giving Power to the Lord Admiral, to use Martial Law at Sea; which was read.

And it being put to the Question, "Whether to agree to it or not?"

The Votes were even.

Letter from the E. of Midd.

A Letter from the Earl of Midd. was read.

(Here enter it.)

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir John D'anvers, &c.; who brought up an Ordinance for taking off the Sequestration of Mr. Thomas Cooke, wherein their Lordships Concurrence is desired.

(Here enter it.)

Read, and Agreed to.

Message from thence, to exchange the E. of Cleveland for Messieurs Barnston and Middleton.

A Message was brought from the House of Commons, by Colonel Copley, &c.

To let their Lordships know, that they have passed a Vote, for exchanging Mr. Barniston and Mr. Middleton for the Earl of Cleaveland, wherein they desire their Lordships Concurrence.

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Exchange of the Earl of Cleveland, for the Two Persons now brought up.

E. of Oxon to attend the House;

Ordered, That the Speaker write a Letter to the Earl of Oxon, to give his Attendance on this House on Monday next, as a Peer.

and L. Roberts:

Ordered, That the Lord Robertes shall have Notice to give his Attendance on this House within Twenty Days after Notice; any former Leave of Absence to the contrary notwithstanding.

All the Lords to attend.

Ordered, That the Lords within Thirty Miles of London shall have Notice to attend this House on Monday next; and all the Lords further distant shall attend this House on Monday come Sevennight; any Order of Leave of Absence notwithstanding.

The Lords went to the Conference; and the House was adjourned till Monday Morning next, at Ten a Clock.

Letter from the E. of Midd. that he will return with the King's Answer about the Treaty.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.

"My Lord,

"Having received His Majesty's Answer Yesterday in the Afternoon about Five of the Clock, I repaired immediately to the Sea Side, where finding the Wind and Tide contrary, was forced to remain in the Island till this Morning. I shall not fail to make what Haste I can, to give an Account of the Commands I have received; which I hope shall be performed on Monday next at the farthest, by,

From The Cowes, in the Isle of Wight, Aug. the 11th, 1648.

"My Lord,

"Your Lordship's

"Humble Servant,

"Middlesex."

Ordinance to clear Coke of his Delinquency.

"Whereas Thomas Coke, of Grayes Inne, in the County of Midd. Esquire, for that he, being a Member of the House of Commons, deserted the Parliament, and went to His Majesty to Oxford, is by the Lords and Commons in Parliament assembled admitted to his Fine of Five Hundred Pounds, for his said Offence; he being possessed of a Term of Five Years to come, from Lady-day next of the Mines of Lead, with the Appurtenances, within the Soke and Wapentake of Wirkesworth, in the County of Derby, with the Lot and Cope within the said Soke and Wapentake, and also of the Office called the Barmastership, or Barmaster, within the said Soke and Wapentake, under the several Rents of Seventy-two Pounds, and One Pound, Six Shillings, Eight Pence, payable Yearly to the King, and being worth in the Whole, over and above the said several Rents (fn. 3) of Three Hundred Pounds, and which is all the Estate Real and Personal of the said Thomas Coke: And the said Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Thomas Coke, for his said Offence, in such Form as is agreed by both Houses for the like Offenders, together with a Grant and Restitution, to him and his Heirs and Assigns, of all the Premises, and of all the Mean Profits thereof, from the Fifth Day of the Annunciation of the Blessed Virgin Mary last past, with an Exception of the Right and Estate of the said Thomas Coke in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby authorized and required to pass under the Great Seal of England accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Thomas Coke from any further Composition, for any other Lands, Goods, or Chattels, than what are herein before mentioned; and that, in case the said Leases and Estate were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Mr. Thomas Coke shall pay such further Fine, by Way of Composition, for the same as both Houses of Parliament shall appoint."