House of Lords Journal Volume 10: 20 October 1648

DIE Veneris, 20 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt;

Comes Manchester, Speaker.

Does, a Pass.

Ordered, That Charles Doe and Ric'd Doe shall have a Pass, to go to the Isle of Wight, and return again.

Answer from the H. C.

Dr. Aylett and Mr. Hakewill return with this Answer from the House of Commons:

That they have taken the Petition of Dr. Bastwicke into Consideration.

Sir W. Russel & al. Petition.

Upon reading the Petition of Sir Wm. Russell, Mr. Geeres, &c.:

It is Ordered, That Mr. Marston and others, and the Judges of the Admiralty, shall see this Petition, and return their Answers into this House by Monday Morning next, that so such further Directions may be given as is meet: In the mean (fn. 1) Time, the Judges in the Admiralty shall not proceed in this Cause.

Col. Montgomery to transport 2000 Scots Prisoners for Foreign Service:

A Letter from the Chancellor of Scotland and the Marquis of Argyle, concerning Scotch Prisoners to be transported for Foreign Service, under the Command of Colonel Rob't Mountgomery, was read: (Here enter it.) And Ordered, To be sent to the House of Commons; and desire their Concurrence, that the said Colonel Rob't Mountgomery may have Liberty to transport Two Thousand Scotts Prisoners, whereof those in Derbishyre to be of the Number; and that it is referred to the Committee at Derby (fn. 1) House, to take Security of the said Colonel, that they shall be transported to no such Place where they may be a Prejudice to this Kingdom.

Message to the H. C. about it.

A Message was sent to the House of Commons, by Dr. Aylett and Mr. Hakewill,:

To deliver the Letter of the Lord Chancellor of Scotland and the Lord Marquis of Argyle; and to let them know, that their Lordships think fit, upon this Recommendation, to give Way that Colonel Rob't Montgomery may have Liberty to transport Two Thousand of the Scotts Prisoners; and that it be referred to the Committee at Derby House, to take Security of the said Colonel, that the said Prisoners shall not be transported to any such Place where they may be a Prejudice to this Kingdom; and that the Scotts Prisoners in Derbyshire may be Part of the said [ (fn. 2) Two Thousand]: In all which, the Concurrence of the House of Commons is desired.

Bone and Duckett, in Error.

This Day being appointed for arguing the Errors in the Writ of Error depending in this House, between Bone Plaintiff and Duckett Defendant; and upon Oath made at this Bar, that the Plaintiff was served with the Order of this House, for hearing the Cause this Day; but neither he nor any for him appearing, the House proceeded to hear the Defendant's Counsel; and, upon opening of the Errors, it did appear to this House, that there is no Ground of any Error in the Judgement: Therefore Ordered, That the said Judgement given in the King's Bench is affirmed; and that the Transcript of the Record be remitted into the King's Court, that so Execution may be taken out accordingly.

Kirke and Bishop, D°.

Whereas the Counsel of Kirke Plaintiff, and the Counsel of Bishopp, have been heard argue the Erross, in the Writ of Error depending in this House; and upon Consideration of the Business, and it appearing that there was real Error in the Record, (videlicet,) Miserecordia pro Capiatur: This House Ordered, That the Judgement given in the King's Bench in this Cause is hereby reversed.

This Day Mr. Justice Bacon, Senior Judge in the Court of King's Bench, brought in these Writs of Error following; videlicet,

Inter Brames & Gould & al.

Nelson & Fairfax & al.

Perchard's Appeal from Guernsey.

Upon reading the Petition of Percherd; shewing, That he cannot have Return of the Records out of the Isle of Guernsey so soon as to be ready to have his Cause heard before the Judges at the Day appointed:"

Therefore it is Ordered, That the said Perchard shall have Three Weeks further Time, for hearing his Cause before the Judges.

Snellock and Russel.

Upon reading the Petition of Snellock, a Prisoner in The Fleete;

It is Ordered, That Russell shall forthwith appear before this House; and that the said Snellocke shall put in Bail, and have Liberty for Six Months; provided he appear before this House as he shall be hereafter summoned.

Order for Dedimus's, &c.

The Earl of Mulgrave reported the Order concerning the Dedimus Potestatems from the Committee, as fit to pass, with Amendments; which Amendments, being read, were Agreed to.

King's Paper, about the Treaty.

Ordered, That the King's last Paper shall be taken into Consideration To-morrow Morning, the First Business.

Letter from the Ld. Chancellor of Scotland and the Marq. Argyle, for Col. Montgomery to have Leave to transport 2000 Scots Prisoners for Foreign Services.

"For the Right Honorable the Earle of Manchester, Speaker of the House of Peeres of the Parliament of England.

"Right Honorable,

"When wee looke upon the present Condition of the Affaires of these Kingdomes, in relation to the Multitude of Scottish Prisoners lately taken by the Forces under the Commaund of Licutenant Generall Cromwell, and have seriously considered what might prove the most safe and advantagious Way to both Kingdomes of disposeing upon the Common Souldiers, soe as neither the Charge of their Entertainment may be longer continued upon you, nor the securcinge of the Publique Peace further endangered by them; it is our Judgment, That summe considerable Numbers of them should be sent to Forraigne Services, under the Conduct of such Persons as merritts Confidence to be reposed in, and Rewards of that Kinde conferred upon them: And for this Effect wee have thought fitt earnestly to sollicite in behalfe of this noble Gentleman Colonel Robert Montgomery (whose constant, faithfull, and greate Services, performed for the Safety and Union of thir Kingdomes, deserves by all good Men highly to be esteemed and rewarded), that the Number of 2000, or upwards, may be granted to him, with Liberty to transport them beyond Seas for such Imployment as shall noe Wayes tend to the Prejudice of the Crowne of England. Wee will rest confident that noe Man shal be preferred in a Suite of this Nature to the Gentleman heir recommended. Wee have found such Acceptance granted to our former Desires of this Sort, that wee hold ourselves ever oblidged to be

"Your Lordship's

Edenb'r. Octobr. 1648.

"Very humble Servaunts,

"Loudoun. W. Argyll."

Smith to be instituted to Dunkerton;

Ordered, That Dr. Heath give Institution and Induction unto Wm. Smith Master of Arts, to the Rectory of Dunkerton, in Com. Som'sett, void by the Death of the last Incumbent; salvo Jure, &c.: Jo. Bamfeild Esquire, Patron.

and Jones to Burton.

Ordered, That Dr. Aylett give Institution and Induction unto Wm. Jones Clerk, Master of Arts, to the Rectory of Burton, in Com. Pembroke; salvo Jure, &c.: Presentation under the Great Seal.