House of Lords Journal Volume 6: 19 August 1643

DIE Sabbati, 19 die Augusti.

PRAYERS.

Earl of Denbigh, Speaker.

Message from the H. C. for a Conference about sending Instructions to the Lord General;

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

To desire a Conference, by a Committee of both Houses, touching sending some Committees to the Lord General, with some Instructions.

and for the Countess of Banbury to leave London.

2. To desire that the Countess of Banbury may either be sent from this Town, or else that her Person may be secured.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired; touching the Countess of Banbury, their Lordships will send an Answer by Messengers of their own.

Capt. Bond's Arrest.

The Earl of Rutland and the Earl of Denbigh reported, That they had heard the Business of the arresting of Captain Bond, which was upon an Execution of a Judgement, for a Debt confessed to be a true Debt owing upon Bond to Mr. Galthrope; yet the said Captain Bond desires he may have the Benefit of the Privilege of Parliament, being the King's Servant:" It was further reported, "That Captain Bond will not be able to pay the Debt, unless he go his intended Voyage:" Therefore the House Ordered, That the Earl of Rutland and the Earl of Denbigh do send for both the Debtor and Creditor, and see what Composition can be made between them.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about sending Instructions to the Lord General.

The Speaker reported the Effect of this (fn. 1) Conference; That the House of Commons presented to their Lordships some Instructions, wherein they desire their Lordships Concurrence; and that their Lordships will please to appoint a Committee of Lords, to join with a proportionable Number of the House of Commons, to go with those Instructions to the Lord General."

The Instructions were read, and Agreed to. (Here enter it.)

Committee to go with them.

And this House appointed these Lords following to go as Committees to the Lord General: videlicet,

The House was adjourned during Pleasure, and the Lords went to let the House of Commons, in the Painted Chamber, know that their Lordships agree to the Instructions; and have appointed Four Lords, to join with a proportionable Number of the House of Commons, to go to the Lord General.

The House was resumed.

E. of Monmouth's Son to be released.

The House being informed, "That the Earl of Monmouthe's Son is stayed and imprisoned, going down to Kenelworth, in the County of War. about his Father's Business:" It is Ordered, That the Committee that goes this Day to the Lord General may acquaint him therewith, and desire him to take some Course for the releasing of him.

Message to the H. C. to join in a Pass for the Countess of Banbury to go beyond Sea.

Ordered, To send to the House of Commons, to desire a present Conference, to let them know, that the Countess of Banbury hath a Pass from this House to go beyond the Seas; and to desire that the House of Commons would grant her the like Warrant.

A Message accordingly was sent to the House of Commons, by Sir Rob't Rich and Mr. Page.

Samuell and Kearsley versus Sir Thomas Dawes.

Upon reading the Petition of Arthur Samuell and Henry Kearsley, complaining, "That Sir Thomas Dawes doth refuse to bring in, to the Clerk of the Parliament, Evidences, according to the Order of this House:" Hereupon this House Ordered, That Sir Thomas Dawes shall be apprehended as a Delinquent, for disobeying the Order of this House; and that the House and Study of the Solicitor of Sir Thomas Dawes shall be searched for those Evidences; and, if the Petitioners can name any other Persons in whose Custody those Writings are, that then their Houses, Studies, and Chambers may be searched; and in particular Mr. Herne and Mr. Hayles are to be commanded, by Order of this House, to deliver in the Evidences as they have in their Hands concerning that Business.

Marquis of Hamilton's Daughter to remain with L. Denbigh.

Upon the Motion of the Earl of Denbigh, "That their Lordships would please to give a Pass, for the Daughter of the Lord Marquis Hambleton to go to Oxford:" It is Ordered, That she shall remain in the Custody of the Earl of Denbigh, where now she is, until the Lord Marquis of Hambleton shall signify to his Lordship how she shall be further disposed of.

Saunderson arrested whilst under Restraint of the Committee for Sequestrations.

Next, Wm. Saunderson and Wm. Streete deposed, upon Oath, "That Raleigh Saunderson was arrested the 12th of June, in the Afternoon, at which Time he was under the Restraint of the Committee for Sequestrations:" Hereupon this House, taking it into Consideration, Ordered, That the said Rawleigh Saunderson shall be released from his present Imprisonment, by reason of the Arrest during his Restraint under the Committee for Sequestrations.

The Messengers sent to the House of Commons return this Answer:

Answer from the H. C.

That the House of Commons will give a present Conference, as is desired.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Sir Walter Devereux versus Sir William Withypoole.

Sutton, a Pass.

Ordered, That Thomas Sutton, a Student and Fellow of a College in Oxford, having been long sick in this Town, shall have a Pass, for himself, his Servant, and Two Horses, to return to Oxford.

Instructions for the Committees that are to go to the Lord General.

"That a Committee of as many Members of either House as can be spared from the necessary Service thereof should be immediately sent to my Lord General, to advise with him concerning such Expedients as may dispose the Army to march: And,

"First, To take Notice of the great Need of those Recruits my Lord General and Council of War proposed for, by the Committes lately sent to him from the House of Commons; wherein they have proceeded, with all Care and Diligence, to the giving Order for pressing Two Thousand Men in London, and Two Thousand more in Kent, Midd. Sussex, Surry, and Hampshire, for his Lordship's Army; and are upon the most effectual Means they can think of, to provide present Money for him: However there is a great Necessity of those Recruits, yet the Importance of the present Service requires so speedy an Undertaking, that it will not attend the whole Provision desired, which yet they will, as they have already endeavoured, with all the Industry they can.

"The House hath considered of the many Obstructions which lieth in their Way whensoever they go about the providing of Money, and conceive nothing can induce those who are Masters of it to a Consent of parting with it (without which the Army cannot march), so much as that the Armies were in a marching Posture; but that the House takes Notice, and much approves, of my Lord General's great Care and Wisdom, in not adventuring the Commonwealth of England upon an Army so visited with Sickness; and that divers Ways he hath expressed his Forwardness to engage himself for the Pubic Good: Therefore you are to desire his Lordship would consider, whether it would not much speed the bringing in of present Money, the Access of Strength to his Lordship's Army, for the better effecting of his Designs, to fix a certain Day and Place, when and where the Army should First march, and towards such further Enterprize as his Lordship shall think fit; where if his Lordship finds not Supplies answerable to what is requisite for carrying on his Business, it will appear all (fn. 2) is done that could be on his Lordship's Part, and by the Parliament, who hold themselves the more obliged to an earnest Care for this Provision, in respect they make Offer of this Advice to his Lordship; and, as an Invitation hereunto, to make known unto him, that the Houses will endeavour he shall have the Access of such Forces already raised, both in the City and other Places, as will be a good Addition to the Strength which now he hath; for, when the Houses took this into Consideration, they appointed a Common Council to meet this Evening, to whom they will repair after a Return of this Committee from his Lordship, to put all Things in a Forwardness, the better to procure both Men, Money, and other Necessaries, for the present Service.

"They are further to advise with his Lordship, whether a resident Committee from both Houses, to attend constantly on his Lordship in the Army, may not be of good Use for the Public Service.

"They are further to advise with his Lordship concerning the going away of the Norff. Suff. Essex, and others of the associated additional Forces.

"They are likewise to advise with his Lordship concerning any Thing else that may conduce to this Service, and the Public Defence of the Kingdom."

House adjourned to 5^a post meridiem.

Post meridiem.

PRAYERS.

Earl of Denbigh, Speaker.

Gibbon, in Execution at the Suit of Fawks, Petition for a Habeas Corpus.

Upon the reading [ (fn. 3) the Petition] of John Gibbon, being imprisoned upon Execution, at the Suit of Michaell Fawks, desiring "he may have Liberty of Habeas Corpus, to go abroad from Time to Time, until their Lordships have heard the Cause:" Hereupon it is referred to One of the Judges, to do therein according to Equity.

Perkins versus Sir Alexander Hope and Langston.

Upon reading the Petition of John Perkins; shewing, That Sir Alexander Hope, and John Langston Gentleman Porter of The Tower, owes to him, per Bond, Forty Pounds, long since due; and the said Alexander Hope and John Langston refuses to give him any Satisfaction; and, in regard the said Langston is the King's Servant at The Tower, he cannot without their Lordships Leave, take his due Remedy at Law:" Hereupon this House Ordered, That the Petitioner shall be permitted to take his Remedy at Law, according to the Benefit of the Bond, for the Recovery of his Debt and Damages due unto him, unless Mr. Langston shall shew sufficient Cause to this House, by Monday next come Sevennight, to the contrary.

Message from the H. C. for Committees to go into the City, about raising Men and Money so the Lord General's Army.

A Message was brought from the House of Commons, by Sir John Clattworthy:

To signify to their Lordships, that the House of Commons have received, by their Committees, an Answer from the Lord General, to the Propositions presented to him this Day, which they make no Question but their Lordships have the same by their Committee: Upon this, the House of Commons have Ordered their Committee to go into the City presently, to the Common Council, who expects them there, to provide the sending of such Men and Money as the Occasions require; and the House of Commons desires their Lordships to appoint a Committee of Lords to go likewise.

Ordered, That the same Committee as went this Day to the Lord General shall go presently to the Common Council in the City.

The Answer returned was:

Answer.

That their Lordships have appointed the same Committee that went to the Lord General, to go presently into London, with the Committee of the House of Commons.

Report from the Committee who went to the L. General.

The Earl of Denbigh reported, "That the Lords Committees have been with the Lord General; and, according to the Instructions, have acquainted him with the several Propositions; to which he returns this Answer:

"1. That his Excellency intends to begin to march on Tuesday next; and that, about Twelve of the Clock that Day, he promises to draw his Army up at their Rendezvous at Hounsloe-heath, where he desires Committees of Parliament may be present, to view the Army.

"2. His Excellency desires the City would send to him what Accession of Strength they can possibly spare, as both Houses of Parliament have propounded.

"3. That his Excellency approves of the Motion, that a Committee of both Houses may constantly attend the Army.

"4. His Excellency expects such Supplies of Money as may enable him to proceed upon his March."

Adjourn.

House adjourned till 10^a, Monday.