House of Lords Journal Volume 5: 21 March 1643

DIE Martis, videlicet, 21 die Martii.

PRAYERS.

Earl of Manchester, Speaker this Day.

Mrs. Walter, &c. a Pass.

Ordered, That Mrs. Walter shall have a Pass, with her Sister, and a Man and a Maid, to go to Chichester, and from thence to Gloucester, with one Mrs. Morgan and her Man and Maid.

Spaniards taken in Lancashire, a Pass to go beyond Sea.

Ordered, That Don Gasper Bonifas, Signior Fran. Foisott, and Petero Francisco, Robarto Baye, Pedro Luiis, Captain Alonso Navarro, Captain Don Francesco Cico de Aco, with their Servants, Horses, and Apparel, shall have a Pass, to go to Dover, to ship themselves for Donkerk or Flanders, with their Trunks; provided they be disarmed, and go not in above Forty in every Company. These Spaniards were taken in Lanchashire, and imprisoned.

Sir John Curzon, a Pass.

Ordered, That Sir John Cuzon shall have a Pass, to go to his own House in Oxfordshire.

Cheeseman, for blasphemous Words.

Next, Edmond Cheeseman was brought to the Bar, as a Delinquent, and charged for speaking these Words:

"That, speaking about the Scripture and Common Prayers, the said Edmond Cheeseman spoke these Words; If Christ were now upon the Earth, as He was when He was Thirty Years old, He would be ashamed of what He had done:" Which Words were proved by George Fuller and Ric'd Poulton, upon Oath.

Edmond Cheeseman desired to be heard concerning this Charge; which the House granted: and he denied he said any such Words.

They withdrew; and this House taking this into Consideration, Ordered, That the said Edmond Cheeseman shall for the present be committed to the Prison of Newgate, there to remain until this House gives further Directions concerning this Business.

Boulton, for Words against the Parliament.

Ordered, That Mr. Justice Reeves shall send for to be examined concerning scandalous and insolent Words, which Richard Boulton hath spoken against the Parliament.

Message from the H. C. for a Concurrence in the following Particulars;

A Message was brought from the House of Commons, by Sir Christopher Yelverton Knight and Baronet, concerning Four Particulars:

1. To desire a Conference concerning Four Particulars:

1. Concerning the Earl of Newport.

2. Concerning an Ordinance brought up touching the assessing of Papists Goods, &c.

3. Concerning Sir Hugh Pollard and Sir Edward Berkley.

4. Concerning the Prisoners at Oxford.

Agreed, To give a present Conference.

and to add Names to the Committee for the Weekly Assessment.

2. They desire that some Persons may be added to the Committees named in the Ordinance for the Weekly Assessment. (Here enter them.)

Agreed to.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, as is desired; and that they do agree to the Names to be added to the Ordinance concerning the Weekly Assessment.

Rayner for Words against the King.

Next, Edmond Rayner was brought to the Bar, as a Delinquent, and charged to have spoken dangerous Words against the King's Majesty.

The House taking this Business into Consideration, Ordered, That the said Edmond Rayner shall be committed to the Gaol for the County of Surrey, until he finds Sureties to appear, and answer for these Words, at the next General Assizes to be held for the County of Surrey.

Captain Waly, for seizing the E. of Carlisle's Horses, and calling him a Malignant.

Next, Captain Waly was called in, being sent for to know why he seized the Horses of the Earl of Carlile, and spoke Words that his Lordship was a Malignant.

He said, "Coming to Newmarket, he was told, by a Constable, that the Earl of Carlile was a Malignant, and that he had Horses there: Upon this, he seized the Horses of the Earl of Carlile, which he acknowledged he was too hasty in, and craved their Lordships Pardon for the same, and professed his good Affections to the Parliament."

The Earl of Carlile (fn. 1) moved the House that what concerns him their Lordships would please to remit; but desired that the Constable that told him his Lordship was a Malignant may be sent for, and the Witnesses that heard him say so: Which this House Ordered the same accordingly.

Captain Waly discharged, but the Constable sent for.

The said Captain Waly was called in, and told, in regard of his good Service done to the Parliament, and upon the Mediation of the Earl of Carlile, this House is willing to pass by what he hath hastily done; but do enjoin him to deliver in the Name of the Constable and the Witnesses to this House.

Whether Baynes is Lord Morley's Servant.

Upon Information to this House, "That one Baynes, who is pretended to be a menial Servant of the Lord Morley's, is a Goldsmith, and a House-keeper in The Strand:" It is Ordered, That the Lord Morley be sent to, to know whether his Lordship doth own him to be his menial Servant, and certify the same to this House To-morrow Morning.

Hackmooty, a Pass.

Ordered, That Mr. Hackmooty shall have a Pass, to go to Oxford.

Captain Andrews, for stopping Mr. Heron, going to the King with a Pass from this House.

Captain Andrewes gave the House this Account why he stayed Mr. Heron, at the Court of Guard; and he said, "He did (fn. 2) it by virtue of an Order from Colonel Moore, to search and stay all Persons, upon Information that Ten Thousand Pounds was to be conveyed to Oxford from London."

Discharged.

Hereupon this House discharged the said Captain Andrewes: but thought it fit to do something to vindicate the Disrespect shewed to the Order of this House.

The House was adjourned during Pleasure, and the Lords went to the Conference,

The House was resumed.

The Speaker reported the Effect of this Conference:

Report of the Conference, about the Ordinance for seizing Papists, &c. Estates;

"1. To desire their Lordships would please speedily to pass the Ordinance for the seizing the Estates of Papists, and others ill-affected to the Parliament, for the whole Burthen now lies upon the well-affected, at which the ill-affected do joy in; and, if it pass not speedily, the Lady-day Rents will be disposed of from the Intention of the Parliament."

Ordered, That this House will read this Ordinance on Friday next.

concerning the Earl of Newport;

"2. Concerning the Earl of Newport, the House of Commons conceive that there was no such Directions given to their Committees at Coventry, that may give any such Disrespect to their Lordships Order, and hoped there was no Cause given of Breach of Privileges; but conceive it to be through some Misinformation which their Lordships have had, and desire that no such Misinformation may be given any more. The House of Commons do agree to any safe Course as their Lordships shall Order, for the bringing the Earl of Newport up to London.

concerning Sir Hugh Pollard and Sir Edward Berkley;

"3. Concerning Sir Hugh Pollard, the House of Commons cannot agree to his Desires in his Petition, for they hear he is now in such good Health, as he may well endure the Place where he is now in Prison: And further, that the said Sir Hugh Pollard hath had his Hand in the Commission of Array in the County of Devon, which is yet unsettled.

"Concerning Sir (fn. 3) Edward Berkley, the House of Commons do not agree to his Desires in his Petition, because he is impeached of High Treason for being in actual War against the Parliament; and lately there hath been an Infurrection in the County of Som'sett, and a Plot to surprize the Town of Ilchester, where his Eldest Son was a principal Actor.

and concerning a Petition of some Prisoners escaped from Oxford, setting forth the Hardships they endured there.

"Fourth Particular was, to acquaint their Lordships with a Petition they have received from some who have lately escaped out of Prison at Oxford, and Articles against Wm. Smith, Provost Marshal General; setting forth the hard Usage which the Prisoners have there; that they have but Five Pence Half-penny per Diem for their Subsistance, and the Water that they have is Puddle Water, which stinks; and, besides the Torture of their Bodies, they have a Torture of their Souls too, by imposing and enforcing an Oath upon them, that the Lord General and all that adhere to him are Traitors.

"The Desires of the House of Commons [ (fn. 4) are, that] the Articles in the Petition may be printed and published, with a Declaration upon them.

"2. That the Lord General be desired to send to Oxford, to the King, to desire the Prisoners there may be better used; if they be not upon this, within Eight Days, that then the Two Houses may take into Consideration what Course is fit to be taken herein."

Examinations of the Prisoners to be taken, and sent to the Lord General, to procure Redress.

Ordered, That the Examinations upon Oath of the Prisoners escaped from Oxon shall be taken here, and sent to the Lord General; and he desired to send them, or the Contents of them, to the General at Oxford; and let him know that, if (fn. 5) the Prisoners there (fn. 4) are used in this cruel Way, the Prisoners here must expect the like Usage.

Message from the H. C. with Instructions for the Devonshire Committee.

A Message was brought from the House of Commons, by Sir Walter Erle Knight:

That they have framed some Instructions, to be sent to their Committees in the County of Devon, wherein they desire their Lordships Concurrence.

The Instructions were read, as follow:

(Here enter them.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Instructions now brought up.

E. of Newport to come to Town, upon his Parole.

Upon Consideration that the Committee of Coventry cannot spare any Safe Guard to convey the Earl of Newport up hither: It is Ordered, That the Speaker of this House write a Letter to the Committee of Coventry, that, if the Earl of Newporte will give his Word to them, upon his Honour, to come directly to the Parliament, and go to no other Place, and render himself to the Gentleman Usher attending this House, that then they permit him to go upon his Word.

Boyse, a Pass to France.

Ordered, That Mr. John Boyse shall have a Pass, to transport himself for France.

Message to the H. C. to acquaint them with the Order about the E. of Newport.

A Message was sent to the House of Commons, by Doctor Bennett and Doctor Heath:

To acquaint the House of Commons with their Order concerning the Earl of Newport.

"Instructions for Edmond Prideaux and Anthony Nichol, Esquires, Members of the House of Commons (for the present) employed in the County of Devon.

Instructions for the Committee in Devonshire.

"That whereas both Houses of Parliament have heretofore, in the Cases of the Counties of Yorke and Chester, declared the Danger and their Dislike that any particular County, sitting the Parliament, should, without their Consent and Authority, engage themselves in a Treaty of Peace or War; we continue in the same Opinion concerning this Treaty now on Foot in the Counties of Devon and Cornwall, and more especially when both Houses of Parliament have, with the Advice of the Lord General, agreed upon certain Articles of Cessation to be presented to His Majesty, and sent their Committees accordingly for His Majesty's Consent thereunto: And whereas they have, by the Letters of the 15th and 18th of this Instant, and otherwise, received Advertisement that no Treaty hath been as yet transacted and concluded between the Two Counties of Devon and Cornwal, they have thought fit to give them these ensuing Instructions:

"1. You shall present, in such convenient Time as you shall think fit, unto the Committee of the Parliament for those Two Counties, the Opinion both Houses have of that Treaty.

"2. That whereas the Houses are informed that Sir Ralph Hopton, with his Adherents, are active on their Part, in furnishing themselves with Ammunition, fortifying of Places, and recruiting their Forces, within the County of Cornwall, since the Beginning of that Treaty, whereof we suppose you have taken Notice, though you make no Mention thereof yourselves; we shall expect, and do require, that the Committees use the like Vigilancy and Care on their Part, that the County be not exposed to Danger or Surprize, whatsoever the Event may be; and particularly that they prevent the Enemies marching into or through the County of Devon.

"3. In regard we expect a present Answer and Consent of His Majesty to the Cessation of Arms, both Houses do Declare, That they think it not fit that the Committees should proceed any further in this particular Treaty, but attend the Issue of the general Treaty, wherein those Counties are comprehended; and, in Case of an Agreement, their Forces intended to be first disbanded. This we hold to be the best Way to save their Engagements; and, for their better Satisfaction herein, we have sent herewith a Copy of the Articles themselves."

Names added to Committees for the several Counties, for a Weekly Assessment.

"Whereas, in the Ordinance of both Houses for the raising of a Weekly Contribution, for the Maintenance of the Army raised by the Parliament, the Names of divers Persons were omitted, to be Committees, for the Counties of Hert. Kent, Norfolke, Som'sett, Suffolk, Bedd. Surrey, Sussex,, Dorsett: Be it Ordained, by the Lords and Commons, That Sir John Garrett Baronet, Sir Edward Reade Baronet, Gravely Norton Esquire, Doctor John King Doctor in Physic, shall be added to the said Committees named for the said County of Hert.; and Sir Robert Honywood and Sir Peter Godfrey, Knights, Richard Browne, Robert Scott, William James, and Marck Dixwell, Esquires, shall be added to the said Committee named for the said County of Kent; and Sir Edward Barkham Baronet added to the Committees named for the County of Norfolke; Hugh Rogers, John Ashe, John Pyne, Clement Walker, Robert Blagh, Esquires, shall be added to the Committees named for the said County of Som'sett; and Sir Edmond Bacon Knight and Baronet, Sir Butts Bacon Baronet, Sir Robert Brooke, Sir William Soames, Sir Edward Duke, Knights, Brampton Gurdon, Wiseman Brokenham, Isaac Apleton, Henry North Junior, Robert Reynolds, Esquires, Thomas Cole, Richard Pepys, Nathaniell Bacon de Ipswich, John Clinch Senior, John Clinch of Culphore, Nicholas Rivett of Dringstone, Gibson Lucas, Esquires, the Alderm. of Bury St. Edmonds, and Thomas Chapman Esquire, Thomas Johnson of Alborough Gentleman, shall be added to the Committees for Suff.; and Sir Thomas Alston Knight and Baronet, Sir Roger Burgoyne Knight, Thomas Rolt, Humphrey Menox, William Duncombe, John Vaux, Humfrey Fish, John Neale, Oliver Boteler, Esquires, shall be added to the Committees for the County of Bed'd; and for the Town of Bedd, the Mayor for the Time being, and Doctor Banister Doctor in Physic; and Sir Thomas Grimes, Sir John Gresham, Sir John Lenthall, Sir John Maynard, Knights, Charles Hoskins, Edward Bish Senior, Edward Bish Junior, Edward Bagshawe, John White, Robert Gwin, John Turner, Edmond Sanders, Hermon Attwood, Esquires, shall be added to the Committees named for the County of Surrey; and Richard Rose, Thomas Ceely, John Henly, William Sydenham Junior, Esquires, shall be added to the Committees named for the County of Dorsett; and Sir John Chapman Knight, Thomas Middleton, Anthoney Fowle, Lawrence Ashbournham, Peter Farnden, John Basbridge, Stephen Humfrey, Thomas Collins, Captain Carleton, Captain Everden, Edward Higgons, William Cawley, Robert Spence, Esquires, shall be added to the Committees for the County of Sussex; for the County of Norff. Sir Edward Barkham Baronet, Sir Thomas Cawdey, Sir Edward Asheley, Sir Thomas Gibbon, Knights, Thomas Russell, John Walpoole, Robert Wilton, Robert Jermy, John Gibbon, Robert Sheppard, Phillip Calthropp, Esquires: Which Persons herein named shall be Committees for the several Counties aforesaid, and shall have the same Power and Authority, in the respective Counties for which they are nominated, as the other Committees therein named are thereby to have."

Adjourn.

Adjourn till 10^a cras.