House of Lords Journal Volume 6: 6 January 1644

DIE Sabbati, 6 die Januarii.

PRAYERS.

Lords present this Day:

Ds. Grey, Speaker.

Answer from the H. C.

Sir Edward Leech and Dr. Aylett, which went on Wednesday last to the House of Commons, return with this Answer:

That they agree in adding the Lord General to the Assembly.

Countess of Cleveland's Petition, for Money out of the Sequestration of the Earl's Estate;

Upon reading the Petition of the Countess of Cleaveland, desiring "That she may have Eight Hundred Pounds out of her Husband's Estate, which is sequestered, in Bedfordshire."

Ordered, To recommend this Petition to the House of Commons.

sent to the H. C. with some other Petitions of this Nature.

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

E. of Stamford's Arrears.

To deliver to them the Petitions of the Earl of Westm. Countess of Clare, and the Countess of Cleavland, with Recommendations; and to put (fn. 1) them in Mind of the Earl of Stamford's Business.

Archbishop of Canterbury's Trial deferred.

Upon reading the Petition of the Archbishop of Canterbury, desiring "He may have a further Time granted him for his Trial, in regard his Witnesses cannot be got together in so short a Time as Monday next:" Hereupon this House Ordered, To defer his Trial until Tuesday come Sevennight peremptorily, that so his Witnesses and his Counsel may have Time to appear.

Dawes and Jennings.

Ordered, That the Cause between Sir Thomas Dawes and Mr. Jennings shall be heard at this Bar on this Day Sevennight.

Ogle, released to attend Smart's Cause, run away.

The House was this Day informed, "That whereas this House Ordered that Captain Ogle should have Liberty to go abroad with a Keeper, to solicit for Mr. Smarte in his Business, the said Ogle is run away."

Wombwell, a Servant of this House, recommended to be a King's Waiter at the Customhouse.

Upon reading the Petition of Wm. Wombwell, a Servant to this House; shewing, "That there is one of His Majesty's Waiter's Places at the Custom-house become vacant, by the Decease of one Richard Blake; humbly desiring that their Lordships will be pleased to recommend the Petitioner to the Committee appointed for the Navy, in regard the said Wm. Wombwell hath been a constant Waiter on this House:" Hereupon this House Ordered specially to recommend the said Wombwell to the Committee of the Navy, that he may have the said Waiter's Place.

Letters intercepted from L. Digby, with the Proclamation for Members of both Houses to meet at Oxford.

The Lord General presented to this House a Letter intercepted of the Lord Digbies, with a Proclamation inclosed, for inviting the Members of Parliament to come to Oxford, written to Sir Henry Devicke.

(Here enter the Letter.)

Another Letter of the same Contents was brought in, written by the Lord Digby, to the King's Agent at Frankford, one Curtius.

Committee to draw up an Answer to the Proclamation.

Ordered, That the Committee for drawing up a Declaration to the King's Proclamation shall meet on Monday next, in the Afternoon.

Ordered, To have a Conference with the House of Commons, and communicate these Letters to them, with their Lordships Sense.

Message to the H. C. for a Conference about it.

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

To desire a present Conference, touching some Matters which concern the Safety of the Kingdom.

This House appointed the Lord General to manage this Conference; and refers to him to deliver the Sense of this House, concerning the Lord Digbyes Letters, and the Proclamation.

Lady Hatton versus Johnson, about a Building that incommoded her House.

Upon the Affidavit of James Tovey, dated the 4th of January, 1643; shewing, "That he served divers of the Servants of Thomas Johnson, of Shoe Lane, Carpenter, with an Order of this House bearing Date the 22th of December last, made upon the Petition of the Lady Eliz. Hatton, at the House where they were at Work, in the Field at the North East Corner of Hatton House, to prohibit them from further building of the Tenement begun to be erected there; but the Carpenter and the Bricklayer employed by him answered, They were set on Work by Mr. Johnson; and, till he gave Order they should not work, they would, unless the Deponent would pay them their Wages." Hereupon this House Ordered, That the Names of these Persons shall be given in, (fn. 2) and they shall be sent for as Delinquents.

Message from the H. C. with an Ordinance.

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

To desire their Lordships Concurrence in an Ordinance for putting an Excise upon Flesh and Salt.

The Answer returned was:

Answer.

That their Lordships will return an Answer by Messengers of their own.

Message from the H. C. for a Conference about some Matters in the City;

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, and others:

To desire a Conference, concerning some Matters of great Concernment in the City of London, which is come to their Knowledge.

Ordered, To give a present Conference.

with an Ordinance;

2. To desire Concurrence in an Ordinance to enable the Commissioners of the Great Seal to pass such Patents for Offices as are in the Gift of the Commissioners of the Revenue, &c.

and with Persons Names to be added to the Assembly.

3. To desire their Lordships Concurrence, that Mr. Reynolds and Sir Arthur Haselrigg shall be added to the Assembly of Divines.

Agreed to.

The Answer returned was:

Answer.

That this House will give a present Conference, as is desired; that they do agree to the adding of Mr. Reynolds and Sir Arthur Hastlrigg to be of the Assembly; and touching the Order concerning the Commissioners of the Great Seal, their Lordships will send an Answer by Messengers of their own.

Message from the H. C. for Evidences to be examined against the Archbishop of Canterbury.

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

To desire their Lordships, that, in regard of the many Matters now in Agitation, they desire their Lordships would please to appoint a Committee of Lords, to examine Witnesses upon Oath, in the Presence of some Members of the House of Commons, (fn. 3) concerning the Business against the Archbishop of Canterbury; and that they, or such Agents as they shall appoint, may have Recourse to the Books of the High Commission Court, and such other Books, Papers, and Records, as they shall have Occasion to resort unto.

Hereupon this House nominated and appointed these Lords following, to examine such Witnesses concerning the Archbishop of Cant. in the Presence of some Members of the House of Commons, as the said Members of the House of Commons shall desire:

Committee for that Purpose.

Their Lordships, or any Two, to meet when and where they please; and to have Power to divide themselves as they shall have Occasion.

The Answer returned was:

Answer to the H. C.

That their Lordships have appointed a Committee of Five Lords, to examine such Witnesses concerning the Archbishop of Cant. in the Presence of some Members of the House of Commons, as they shall desire; and that they shall have Liberty to peruse the Books of the High Commission Court, and such other Records as they shall have Occasion to use in this Business.

Message from thence, with an Order.

A Message was brought from the House of Commons, by John Selden Esquire, and others:

To desire their Lordships Concurrence, in an Order concerning the University of Cambridge. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees in this Ordinance.

Proceedings against the Queen.

Ordered, To send a Message to the House of Commons on Monday next, to let them know, that this House hath appointed a Committee, to consider the Manner of Proceedings against the Queen; and their Lordships shall have Occasion to have the Advice of some Members of their House, concerning Records: Therefore to desire Leave from the House of Commons, that such Members of their House as their Lordships shall desire to advise with may be permitted to come to the said Committee, when the Committee desires them.

Answers from the H. C.

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

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

Sir Edward Leech and Dr. Aylett return with this Message from the House of Commons:

That they will send an Answer, by Messengers of their own, to the Three Petitions, and concerning the Earl of Stamford's Business.

Message to them, that the Archbishop's Trial is deferred.

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

To let them know, that their Lordships have deferred the Trial of the Archbishop of Cant. until Tuesday next come Sevennight.

The Answer returned was:

Answer.

That they have delivered their Message to the House of Commons.

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

Ordered, That the Report of this Conference shall be made on Monday Morning next, at Ten of the Clock.

L. Digby's Letter to Sir Henry De Vic, about the Proceeding's of the King's Forces; and with the Proclamation for Members of both Houses to meet at Oxford.

"SIR,

"My Indisposition the last Week forced me to refer you to my Secretary, for an Account of what Occurrents that afforded: This Week hath been so little productive of any Thing considerable, that when I shall have told you of the Taking of Biston Castle in Cheshire, by His Majesty's Forces under the Lord Byron, a Place of huge Importance both for Strength and Command of all those Countries of Cheshire, Lancashire, and some Parts of Stafford and Darbyshire, I have told you all; the Marquis of Newcastle having attempted nothing since the Taking of Winckfeild Manor; Plymouth remaining still in the former Condition besieged; and there having been nothing done betwixt my Lord Hopton and Sir William Waller, since the unlucky beating up afore of our Quarters at Alton; but we are in daily Expectation of a critical Blow between them, the Lord Willmott being now joined with the Lord Hopton with a fresh Strength of One Thousand Horse, and both being under March to attack Waller, who hath possessed himself of Arundell Town, we having a strong Garrison in the Castle; and it is probably hoped that he cannot avoid fighting with them upon Disadvantage. Thus much for the Military Part.

"The Prince Harcourt's Negociation, by Way of Entremise for an Accommodation, is well nigh at an End, as I believe; for that the pretended Parliament will not hearken to any Proposition from him in any other Way than an avowed Address, by which they might seem either to be owned by him as a Parliament, and [ (fn. 4) applied to] by him as an Ambassador, or else to be admitted by the King for somewhat more considerable than (fn. 1) He hath in a long Time owned them for; a Point which His Majesty may not suffer them to gain, without subverting the Grounds and Maxims of all His late Proceedings against them, and that which He now goes upon by the Advice of all His Nobility here, as you will perceive by this inclosed Proclamation, upon the Effects whereof all the Eyes of the Kingdom are now fixed: God send them to be as good actuated as they are in Speculation; for I am confident that in Reason it carries Probability of the surest and readiest Way to a Re-establishment of His Majesty in His just Rights and Powers of any Course that hath been yet attempted. This is all, more than the hearty Respects of

"Your very affectionate
Friend and Servant,
George Digby.

Oxford, the 27th of December, 1643.

"I have received yours of the 19th, and will by the next give an Account of that Particular in it concerning yourself.

"To my Worthy Friend Sir H. D' Vic, &c."

Order to protect the University of Cambridge from Sequestrations.

"Whereas some Doubt hath been made, upon the late Ordinance for Sequestrations of the Estates, Rents, and Revenues, of some Kind of Delinquents, whether the Estate, Rents, and Revenues, of the Colleges or Halls of the University of Cambridge be sequestrable within the Intent of the same Ordinances, for any Delinquency in any of the Heads or particular Fellows or Scholars of them respectively: It is now Declared and Ordered, by the Lords and Commons assembled in Parliament, That the Estate, Rents, and Revenues, of the said University, and of the Colleges and Halls respectively of the said University, are in no Wise sequestrable, or to be seized on, or otherwise disposed of, by virtue or colour of any of the said Ordinances; and that all and every the Estate, Rents, and Revenues, of the said University, and of all and every the said Colleges and Halls respectively, shall remain and be to the same University, and the said Colleges and Halls, to all Intents and Purposes, as if the said Ordinances or any of them had not been made; and that all and every the Rents and Revenues, and other Duties, now or hereafter payable, or heretofore payable (and yet not paid) respectively, to the said University, Colleges, or Halls respectively, in any County or Place whatsoever, shall be paid to the ordinary and usual Receivers or Treasurers (by what Name soever they be called or known) of the said University, Colleges, or Halls respectively, after such Receivers or Treasurers shall be approved by Edward Earl of Manchester, Serjeant Major General of the Parliament's Forces in the County of Cambridge and the other associated Counties, to be employed for the respective Maintenance of the said University, Colleges, and Halls, in such Sort and Manner as if the said Ordinances, or any of them, had never been made: And yet nevertheless it is further Declared and Ordered, by the Authority aforesaid, That the said Receivers and Treasurers respectively shall pay all and every Part, Portion, and Dividend, which they have or shall have respectively, of all and every of the said Rents or Revenues, which Part, Portion, or Dividend, shall be found to be, or to have been, due or payable to any Head, Fellow, Scholar, or Officer of the said University, or of any of the said Colleges or Halls, being, or which shall be, a Delinquent, within any of the said Ordinances for Sequestrations, either to the Committee for Sequestrations sitting at Cambridge, or otherwise as it shall be ordered by the said Earl of Manchester: And it is also further Ordered, by the Authority aforesaid, That if any such Receiver or Treasurer of any College or Hall aforesaid shall be found to be, or to have been, a Delinquent within any of the said Ordinances, and shall be adjudged so to be by the said Earl of Manchester, that then the said Earl may, from Time to Time, remove such Receiver or Treasurer, and chuse some other out of the Fellows and Scholars of that House to and for which House respectively such Person removed was Receiver or Treasurer, and put him in the Place of him so removed; and that the Fellow or Scholar so chosen, and put in the Place of him so removed, shall execute to all Intents and Purposes all and every the Acts and Duties belonging to the Place of Receiver or Treasurer respectively, in the College or Hall to and for which he shall be chosen and appointed as aforesaid: And it is lastly Declared and Ordered, by the Authority aforesaid, That nothing in this present Order shall be construed, taken, or interpreted, to exempt, free, or discharge, any of the aforesaid Estates, Rents, or Revenues, from being liable to the Payment of all or any Weekly Assessments, or other Payments, now settled and ordained, or hereafter to be settled and imposed, by any Ordinance of Parliament."

Adjourn.

House adjourned till Monday Morning next, at 10^a.