House of Lords Journal Volume 6: 18 October 1643

DIE Mercurii, 18 die Octobris.

PRAYERS.

Lords present:

The Lord Grey of Warke, Speaker.

Message from the H. C. with an Order;

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

1. To desire Concurrence in an Order for calling the Trained Bands of Midd. Hertfordshire, and Essex, together, to defend themselves from the Body of the King's Horse gotten into Bedforshire. (Here enter it.)

Agreed to.

to expedite the One to prevent Intercourse between Oxford and London;

2. To desire Expedition in an Order formerly brought up from the House of Commons, to prevent Intercourse between Oxford and London. (Here enter it.)

Agreed to.

and with an Ordinance.

3. To desire Concurrence in an Ordinance concerning the securing Forty Thousand Pounds for the Business of Ireland.

Committed.

The Answer returned was:

Answer.

That to the Ordinance concerning the Forty Thousand Pounds, their Lordships will send an Answer to it by Messengers of their own: To all the other Orders, their Lordships do (fn. 1) agree.

Message from the H. C. for sending the Earl of Denbigh to the associated Counties of Warwick, &c.

A Message was brought from the House of Commons, by Mr. Moore and others:

To desire their Lordships Concurrence for sending down the Earl of Denbigh presently, to the associated Counties of Warwicke, &c.

Agreed, To send the Earl of Denbigh down; but this House refers it to the Lord General, for the further Directions and Care of it, both for Time and Conveniency.

Answer.

The Answer returned was as abovesaid Ordered.

Baron Trevor's Answer to his Impeachment, about Shipmoney;

Mr. Baron Trevor this Day delivered into this House his Answer to the Impeachment brought up against him from the House of Commons; and, by Command of the House, it was read, in hæc verba. (Here enter it.)

and a Petition.

Also a Petition of Mr. Baron Trevor was read.

(Here enter it.)

Message from the H. C. for Ld. Willoughby to be recommended to the Lord General, for a Post of Honour in the Army;

A Message was brought from the House of Commons, by Sir Antho Erby, &c.

To let their Lordships know, that whereas the County of Lyncolne was lately added to the Association of the Six Counties, whereby the Lord Willoughby of Parham was in Command of that County, but now superseded of the said Command by the said Ordinance of Parliament; but, because the said Lord Willoughby is a Person of Honour, and great Desert for his good Service in his Country, therefore the House of Commons desires their Lordships Concurrence, that the said Lord Willoughby be recommended to the Lord General, to receive some Honourable Command from his Lordship in the Army.

and for a Conference about some Papers intercepted, concerning a Design to introduce Popery.

2. To desire their Lordships would please to give a Conference, so soon as it may stand with their Lordships Conveniency, touching some Papers lately intercepted, whereby it appears that Popery is designed to be set up in Ireland and England.

The Answer returned was:

Answer.

That this House agrees to recommend the Lord Willoughby to the Lord General, for some Honourable Command under him; and that their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Message to the H. C. that the Lords are ready to give Judgement against Baron Trevor; and that the Lords will give a Conference P. M.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Dr. Ayliff:

To acquaint them with the Petition of Baron Trevor; and that he hath put in his Answer to the Impeachment against him, wherein he confesses what he is charged concerning Ship-money, and submits to their Lordships Judgement therein; and to let them know, that their Lordships, upon the said Confession, are ready to give Judgement against the said Baron Trevor, if they shall come up, and desire it: And further to let them know, that this House will give a Conference this Afternoon, at Three of the Clock.

Message from the H. C. with an Order for a Supply for the Garrison of Gloucester;

A Message was brought from the House of Commons, by Mr. Serjeant Wylde, &c.

To desire their Lordships Concurrence in an Ordinance for the supplying of the Garrison of Gloucester.

Committee to consult the Governors of Sutton's Hospital about it.

Ordered, To appoint a Committee, to speak with the Governors of Sutton's Hospital, to have their Consents therein, and to examine it, and report the same to this House:

Any Three, to meet when they please.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own.

The Earl of Denbigh acquainted this House, "That he hath received a Paper from the Hands of Monsieur Du Moulin, from the French Ambassador;" which was read, as followeth:

Paper from Monsieur Du Moulin, in Behalf of the French Ambassador, concerning Mr. Walter Mountague;

"Le Sieur Du Molin a reçeu Commandement de Monseigneur le Prince D'Harcourt de solliciter de sa Parte aupres Messigneurs du Parlement le Largissement et Accommodement de Monsieur De Montegu dans le Lieu où il est Prisonner, et demander Liberte de le veoir, pour luy faire sçavoir le Soing que son Eccellence a pris de le reclamer, et demander sa Delivrance, et la Responce qu'on luy a faite; Choses que Monsseigneur le Prince espere qu'on ne luy refusera pas, tant pour l'Accomodement du dits Sieur De Montegu, que pour la Libertè au dit Sieur Du Molin de le veoir de sa Part, puis quil n'est pas Criminel, et que son Excellence luy doit ceste Assistence, comme Porteur des Lettres du Roy et de la Royne, qui luy donnent mesmes procurer un Traitement plus gratieux et favorable qu'À une autre Personne en pareille Occasion."

Also a Paper concerning Sir Kenelme Digby was read, which the Earl of Denbigh (fn. 2) received from the Hands of Monsieur Du Moulin, from Monsieur De Gressy:

and another Paper, concerning Sir Kenelm Digby's Estate being sequestered,

"It pleased the Honourable Houses of Parliament, by the Mediation of the Queen of France, to grant Sir Kenelme Digby Liberty to go into France; by

when he had Leave of both Houses to go out of the Kingdom;

which Freedom, Sir Kenelme conceives, his Estate was likewise freed, and intended him for his Supportation and Maintenance there; but, since, it is signified by his Bailiffs of the several Counties of Rutland and Leycester (where all his Lands lie), that the several Committees of Parliament for Sequestration in the said Counties (not taking Notice of Sir Kenelme's said Freedom) have already caused the Hay of a Pastureground of Sir Kenelme's (which is for One Hundred and Twenty Pounds by Year) to be cut and sold, and disposed of the Monies; and have appointed a Bailiff to receive his Rents, and to manage his Estate, to the Use of the Parliament; and further have given out to fell his Woods, unless speedy Order from the Parliament prevent the same; by Means whereof, Sir Kenelme and his Children are like to be left destitute of Means to subsist, and his Lands deprived of Wood, to his great Prejudice.

"The French Ambassador desires their Lordships to perfect this Courtesy to the French Queen, concerning Sir Kenelme Digby."

To be communicated to the H. C.

Ordered, That these Papers be communicated to the House of Commons; and desire that the former Committees of both Houses may meet, to consider of these Papers.

The Messengers return with this Answer from the House of Commons:

Answer from thence.

That they will be ready to desire Judgement against Baron Trevor, when this House shall appoint a Day; and touching the Conference, they will send an Answer by Messengers of their own.

Message from thence, for a present Conference.

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

To desire that the Conference may be presently, in regard that they have Committees to sit this Afternoon, about special Occasions concerning the Lord General.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Baron Trevor.

Ordered, That this House will proceed against Baron Trevor To-morrow, at which Time the Lords are to be in their Robes.

Earl of Stamford's Officers and Soldiers, Petition for their Pay.

Upon reading of the Petition of divers Officers and Soldiers under the Earl of Stamford; desiring "they may have some of their Pay due unto them;" and informing, "That the Mayor and Aldermen and others at Exon promised them their Pay, and a Gratuity for their Pains:" And this House being also informed, by the Earl of Stamford, "That there are Goods of divers of those Persons of Exeter and of Devon in Town, which may be responsible to the paying of the Soldiers:" It is Ordered, That a Committee be appointed to enquire after such Goods, and report the same to this House.

Any Three, to meet when they please.

Langham &al. versus Lumbrey.

Upon reading the Petition of John Langham Esquire, Alderman of the City of London, and others, against Jo. Lumbrey, &c. It is Ordered, That, in regard of the Intricacy of the Business mentioned in the Petition, this House holds it fit that the said Business be referred to Merchants; and that the Defendants shall have Notice of it, that so they may agree to it; in the mean Time, all Proceedings at Law concerning this Business are to cease.

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

Ordered, That the Report of this Conference shall be made To-morrow Morning.

Trained Bands of Middlesex, &c. to march where the Lord General shall direct.

"It is this Day Ordered, by the Lords and Commons, That the Trained Bands, Horse and Foot, for Midd. Hertf. and Essex, shall march to such Place as my Lord General shall direct; and the Deputy Lieutenants of those respective Counties are forthwith to repair to my Lord General, and to give out their Warrants accordingly."

"The Answer of Sir Thomas Trevor Knight, One of the Barons of His Majesty's Court of Exchequer, to the Articles of Impeachment exhibited against him by the Honourable House of Commons, this present Parliament assembled.

Baron Trevor's Answer to the Impeachment of the H. C. concerning Shipmoney:

"The said Desendant, saving to himself, now and at all Times hereafter, all just Exceptions to the said Articles of Impeachment, for Answer thereunto faith as followeth: First, to the Subscription of this Defendant's Name to an Opinion, about the Month of November, Anno Domini 1635, charged in the said Articles of Impeachment; and to this Defendant's subscribing an Opinion, in Answer to Questions in a Letter from His Majesty, in or about the Month of February, Anno Domini 1636, in the said Articles of Impeachment also charged; and likewise to the Opinion and Judgement delivered by this Defendant in the Exchequer Chamber, against John Hampden Esquire, in the said Articles of Impeachment likewise charged: He, this Defendant, saith, That he, then being One of the Barons of His Majesty's Court of Exchequer, and having taken the accustomed Oath of a Baron of that Court, did subscribe his Name to such Opinions, as it hath been usually done, being thereunto required by His Majesty; and did deliver his Opinion in the Exchequer Chamber, against Mr. Hampden, in the said Articles of Impeachment mentioned, which this Defendant did according to his Judgement and Conscience, without any Corruption or sinister End whatsoever, and then conceived to be according to Law; and afterwards Judgement was given in the Court of Exchequer, according to the Advice of the Judges delivered in the Exchequer Chamber, as is usual in such Cases; which this Defendant in all Humility submitteth to the Judgement of this most Honourable House: And to all and every the Offences and Misdemeanors otherwise charged against him in the said Articles of Impeachment, this Defendant saith, That he is Not Guilty of them, or any of them, in such Manner and Form as in and by the said Articles of Impeachment are expressed: All which this Defendant is and will be ready to aver and prove, as this Honourable House of Parliament shall think fit.

"Pet. Phesant.
Hen. Rolle."

His Petition.

"To the Right Honourable the Lords in the High Court of Parliament assembled.

"The humble Petition of Sir Thomas Trevor Knight, One of the Barons of His Majesty's Court of Exchequer,

"Sheweth;

"Whereas your Petitioner standeth impeached before your Lordships, by the Honourable House of Commons, for Opinions subscribed unto concerning Ship-money, and for an Opinion and Judgement against Mr. Hampden concerning the same, and for other Offences therein mentioned, unto which this Petitioner hath put into this Honourable House his submissive Answer, thereby acknowledging his said Opinions and Judgement being delivered by him, according to his Judgement and Conscience, without any Corruption or sinister End whatsoever; which he then conceived to be according to Law; the which Judgement and Opinions are since declared, by the Judgement of this High and Honourable Parliament, to be contrary and against the Laws and Statutes of this Realm.

"Now the Petitioner, who hath diligently attended all this Parliament, doth most humbly acknowledge his Error of Judgement therein, for which he is most heartily sorry, and doth in all Humility submit the same, and whatsoever else he is charged with by the said Impeachment, to your Lordships Judgement and favourable Consideration.

"Tho. Trevor."

Order to prevent Intelligence between Oxford and London.

"Ordered, by the Lords and Commons in Parliament assembled, That whatsoever Person shall come from Oxford, or any Part of the King's Army, to London, or the Parts adjacent, or to any Part of the Army under the Command of the Earl of Essex, or to any Fort or Court of Guard kept by the Authority of both Houses of Parliament, without the Warrant of both Houses of Parliament, or the Lord General the Earl of Essex, shall be apprehended as Spies and Intelligencers, and be proceeded against according to the Rules and Grounds of War: And it is further Ordered, That the like Care be taken by Water, for the apprehending of the Persons aforesaid; and all Captains of Guards, and Officers, and all other Persons, are required to be very diligent in apprehending the said Persons: And it is further Ordered, That this Order be printed and published, and sent to the several Courts of Guard, both by Water and Land."

Adjourn.

House adjourned till 9^a cras.