House of Lords Journal Volume 10: 31 January 1648

DIE Lunæ, 31 die Januarii.

PRAYERS, by Mr. Byfield.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Alesbury, a Pass.

Ordered, That Wm. Alesebury, with Two Servants, shall have a Pass, to go into Holland, and return into England.

Kirk versus Sir W. Killegrew, Sir J. Brooks, & al.

Ordered, That the Petition of Thomas Kirke shall be shewed to Sir Wm. Killegrew, Sir John Brookes, Sir Edward Heron, Rob't Longe, James Fawcett, and John Winfray; who are to give the Petitioner Satisfaction, or else return their Answer to this House the 20th Day of February next, else appear in Person.

De Landabola released.

This Day Ignatius De Landahola was brought to this Bar, by Habeas Corpus, and released according to the former Order of this House.

Writs of Error brought in.

Mr. Justice Bacon, Senior Judge of the Court of King's (fn. 1) Bench, brought in these following Writs of Error; which the House received:

Browne & Eyre.
Clutterbucke & French.
Edmunds & Baker.
Hopkins & Brett.
Eyre & Walker.
Idem & Eundem.
Finnys & Palmer.
Ford & Dyer.
Gill & Perry.
Hill & Howish.
Hanbury & Finch.
Durson & Goter.
Certiorari inter Towers & Dickenson.

E. of Winchelsea, a Pass.

Ordered, That the Earl of Winchelsea shall have a Pass, to go over into France, with Eight Servants, and Necessaries, and Four Horses or Geldings.

Answer from the H.C.

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

That they agree to the Alteration in the Order for the Ministers to go into Scotland: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.

Message from thence, with an Impeachment against the E. of Lincoln;

A Message was brought from the House of Commons, by Sir Peter Wentworth; who said, "He was commanded, by the Knights, Citizens, and Burgesses, of the House of Commons, to bring up to their Lordships Articles of Impeachment against Theophilus Earl of Lyncolne, in Maintenance of their Charge of the Eighth of September last, whereby he stands formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom: And desired their Lordships, That such further Proceedings may be thereupon had, as to Justice and the Course of Parliament do appertain. And the House of Commons is ready with their Evidence."

against the E. of Suff.

He likewise said, "He was commanded to bring up to their Lordships Articles of Impeachment against James Earl of Suffolke, in Maintenance of their Charge of the 8th of September last, whereby he stands formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom : And desired their Lordships, That such further Proceedings may be thereupon had, as to Justice and the Course of Parliament do appertain. And the House of Commons are ready with their Evidence."

and against the E. of Midd. Lords Berkley, Hunsdon, and Maynard;

A Message was brought from the House of Commons, by Mr. Chaloner; who said, "He was commanded, by the Knights, Citizens, and Burgesses of the House of Commons, to bring up several and respective Articles of Impeachment against James Earl of Midd. George Lord Berkeley, John Lord Hunsdon, and William Lord Maynard, in Maintenance of their Charges, whereby they stand formerly charged by them, in the Name of all the Commons of England, of High Treason, for levying War against the King, Parliament, and Kingdom: And did desire, That such further Proceedings may be had thereupon, as to Justice and the Course of Parliament doth appertain. And that the House of Commons is ready with their Evidence."

and for a Conference about the Recorder, &c.

2. To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching Mr. Recorder and the Sheriffs.

Ordered, To give a present Conference.

The Answer returned was:

Answer to the H.C.

That this House appoints a present Conference, in the Painted Chamber, as is desired.

Message from thence, with Orders.

A Message was brought from the House of Commons, by Mr. John Goodwin; who brought up Two Orders, wherein they desired their Lordships Concurrence:

1. An Order to pay to the Earl of Nottingham Five Hundred Pounds. (Here enter it.)

Agreed to.

2. An Order to pay One Thousand Pounds to Mr. Wm. Ashurst. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Orders now brought up.

Sturmey and De la Sour to be attached.

Upon reading the Affidavit of Nic. De (fn. 2) Faraca:

(Here enter it.)

It is Ordered, That Sturmy an Attorney, and Monsieur De la Sour, shall be attached, and brought forthwith before the Lords in Parliament, to answer their Contempt to this House.

Message from the H.C. for the Commissioners going to Scotland to have Credential Letters.

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

To desire that the like Letters of Credence that were given to the Commissioners that went last into Scotland may be given to these Commissioners that are now to go; and that they may be signed by the Speakers of both Houses.

Agreed to, and ordered accordingly.

Answer.

The Answer returned was:

That this House agrees to this Message.

Impeachment against the Lords.

Ordered, That all Articles of Impeachment of High Treason against the Seven Lords shall be read To-morrow Morning.

Message from the H.C. for the Judges to go the Circuit.

A Message was brought from the House of Commous, by Mr. Knightly, &c.; who brought up a Paper, appointing the several Judges and others to go the next Circuit, wherein they desire their Lordships Concurrence.

Agreed to, with this Addition, "That Serjeant Clarke may go with Justice Roll."

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will send them an Answer by Messengers of their own.

The Lords went into the Painted Chamber, to the Conference.

De Ferara's Affidavit concerning Sturmey's and De La Sour's Contempt of De Landahola's Order.

"Nicholas De Ferara maketh Oath, That, in the Month of June last, he was present when Mr. Kilvert shewed the Order of the Honourable House, of the 28th of May, unto Sturmey, the Attorney of Matheo De La Fita, and wished him, "to withdraw his Action against Ignacio De Landahola, in Obedience to the said Order." And he answered, "He would not do it." And that he also went with the said Ignacio, on Wednesday last, and saw him served with the Order of this Honourable House of the 25th of January last, and required him to yield Obedience to the said former Order, or to shew Cause to the contrary the Day following: But this Deponent doth not know what he hath performed in Obedience to the said Order. And further saith, That, upon reading of the said Order, there was present one Monsieur La Soeur, a Frenchman, that solicits this Cause for the said Fita; and replied, in losty Language, "That he cared not for the Order; and that the next Day he would take another Writ against the said Ignacio, and more when he pleased."

"Nicholas De Ferrare.

"Jur. 31 Die Januarii, 1647.

"Tho. Heath."

Credential Letter for the Commissioners going to Scotland.

"To the Right Honourable the Lords the Commissioners of Shires and Boroughs assembled in the Parliament of Scotland.

"Right Honourable,

"We are commanded, by both Houses of Parliament, to signify unto you, That they have nominated and appointed Charles Earl of Nottingham, Henry Earl of Stamford, Brian Stapilton, Robert Goodwin, Wm. Ashurst, and Colonel John Birch, Esquires, Committees and Commissioners of both Houses of the Parliament of England, to the Parliament of Scotland; and therefore, in the Name of the Two Houses of Parliament, we are to desire the Parliament of Scotland to give unto them, or any Two of them, full Credit in those Things which shall be propounded by them, from and on the Behalf of both Houses of Parliament.

"Your Lordships

"Very affectionate Friends and Servants."

Order for Honor to be recompensed, for being Treasurer to the Westm. Militia.

Upon reading the Petition of John Honnor, Treasurer to receive Six Thousand Pounds, for raising a Magazine of Arms for Westm. and the Liberties thereof; shewing, "That he hath, for Four Years past, taken much Pains in the discharging of the Business belonging to that Place, with the Expence of much Time and Money, and in passing and perfecting of Books and Accompts, and Charge in securing the Monies collected, for which he hath not yet received Satisfaction; and that he hath above One Hundred and Twenty Pounds now in his Hands, a good Part whereof is Farthing Tokens, which then were Current Money, but are not so now; by which he shall suffer great Loss, if Consideration be not had of him:"

It is Ordered, by the Lords in Parliament assembled, That the Petitioner is hereby specially recommended to the Committee for the Militia of the City of Westm'r and Liberties thereof, who are desired to give him such a Recompence as may answer his extraordinary Pains, Service, and Care; and to take into Consideration the great Loss and Damage he is likely to receive by the said Farthing Tokens.

Order for 500 £. to the E. of Nott.

Ordered, by the Lords and Commons assembled in Parliament, That the Committee for Advance of Monies at Habberdashers Hall do forthwith pay unto Charles Earl of Nottingham the full Sum of Five Hundred Pounds, out of the First Monies that shall come in at Habberdash'rs Hall."

Order for 1000 £. to Mr. Ashurst.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Habberdash'rs Hall do pay unto William Ashurst Esquire the Sum of One Thousand Pounds, towards Reparation of his great Losses and Damages."

Ministers to go to Scotl. with the Commissioners.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Marshall and Mr. Herle do go with the Commissioners that are to go into Scotland."

Thompson to be instituted to Brixton;

Ordered, That Doctor Aylett give Institution and Induction unto Hugh Thompson Clerk, Master of Arts, to the Rectory of Brixton, alias Brison, in the Isle of Wight, in Com. South'ton, void by Death; salvo Jure cujuscunque: Granted by the Great Seal.

Evans to Calborn;

Ordered, That Doctor Aylett give Institution and Induction unto Daniell Evans Clerk, Master of Arts, to the Rectory of Calborne, in the Isle of Wight, in the County of South'ton, void by Death; salvo Jure cujuscunque: Granted by the Great Seal of England.

and Ballam to Gatton.

Ordered, That Doctor Heath do give Institution and Induction unto John Ballam Clerk, Master of Arts, to the Rectory of Gatton, alias Gatten, in Com. Surrey, void by Death; salvo Jure &c. Granted by the Great Seal.

Adjourn.

House adjourned till 10^a cras.