House of Lords Journal Volume 6: 30 May 1644

DIE Jovis, 30 die Maii.

PRAYERS, by Mr. Gibson.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Signior Salvetti, Agent from Tuscany, a Pass.

Ordered, That Signior Amarigo Salvetti, Resident for the Great Duke of Tuscany, shall have a Pass, to go and take the Air, into any Parts adjoining within Five Miles from London, and to return at such Time as the said Resident shall think fit, without the Lett, Stay, or Hindrance, of any Person whatsoever.

Archbishop of Cant's Trial put off.

Ordered, That the Trial of the Archbishop of Canterbury shall be deferred until Thursday Morning next.

Kilvert and Woodcock.

Upon reading the Petition of Roger Kilvert, of London, Merchant; complaining, "of an excessive Damage of Three Hundred Pounds, awarded, upon a Trial, to one Wm. Woodcocke of London, before Mr. Justice Bacon; and for that he hath no Means to obtain a Writ of Error, to bring the Cause before their Lordships by Original, nor any other Relief but such as their Lordships shall provide, the Petitioner is ready to deposite the said Three Hundred Pounds either in the Hands of the Sheriff of London, or where their Lordships shall appoint; and humbly prayeth, that, until their Lordships Hearing of the Cause, to order the Execution may be suspended."

Hereupon this House referred the Consideration of this Business to Mr. Justice Bacon; and that the said Petitioner shall have Trial, depositing the Three Hundred Pounds in the King's Bench; and if the Plaintiff shall refuse to obey this Order, then the Judge is to certify to this House how he finds the Cause; and in the mean Time all Proceedings are to cease.

Ordinance for Bradshaw and Steele, to take Subscriptions for Cheshire.

Next, an Ordinance was read, to enable Mr. Bradshaw and Mr. Steele to take Subscriptions in the Absence of Sir Wm. Brereton, &c.

Agreed to, with an Alteration.

Lancashire Members to give Receipts for Excrsemoney.

Another Ordinance was read, to enable any Two Members of the House of Commons, of the County (fn. 1) of Lancaster, to give Receipts for the Money which comes in upon the Excise, &c. (Here enter it.)

Agreed to.

Message to the H. C. that the Lords agree to the former;

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

To let them know, that this House agrees to the Ordinance touching Sir Wm. Brereton, concerning taking of Subscriptions for Cheshire, &c. with a small Alteration, wherein their Lordships desire their Concurrence.

and for Committees to hear the Judges touching Writs of Error.

2. To let them know, that this House hath nominated a Committee of Four Lords, to hear what the Judges can say, concerning some Expedient to be found out to enable the Subject to have the Benefit of Writs of Errors, according to the due Course of Law; and to desire that they would name a Committee of their House, of a proportionable Number, to join with the said Committee of Lords, for the same Purpose.

Colonel Kings, and Ld. Willoughby.

Next, this House proceeded to hear the Counsel of Colonel Kinge, in making his Defence to the Charge of the Lord Willoughby against him.

Mr. Prynn alledged, That this Cause is already depending in the House of Commons; and therefore conceived Colonel King is not to answer it here."

The Counsel on both Sides withdrew.

Hereupon this House Ordered, That the speaker should know of Colonel King's Counsel, what Proof they can offer unto this House, that the House of Commons is possessed of this Cause, or any Part of it.

The Counsel answered, "That the Order of the House of Commons [ (fn. 2) is general, to consider of] all Miscarriages in the County of Lyncolne; and they conceive this is One.

Ordered, That this House will hear this Cause further To-morrow Morning.

Answer from the H. C.

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

That they agree in the Alteration in the Ordinance concerning Sir Wm. Brereton. (Here enter it.) And likewise that they have nominated a Committee, to join with the Lords Committees, to hear the Judges concerning Writs of Errors.

Ordinance to enable Lancashire Members, to give Receipts for the Monies that come in upon the Excise.

Whereas the Receipts of the Excise, in the several Counties of Lancaster and Chester, are granted for and towards the Payment of the Garrisons and Forces of those Counties: It is hereby Ordered and Declared, by the Lords and Commons in Parliament assembled, That the Receipt or Receipts, under the Hand of Sir William Brereton Baronet, for the Use of the Forces within the said County of Chester, and the Receipt or Receipts of any of the Deputy Lieutenants within the said County of Lancaster (that are Members of the House of Commons), under any Two of their Hands, for the Use of the Forces of the said County of Lancaster, shall, from Time to Time, be a sufficient Discharge unto the said Commissioners of Excise, for so much Monies as shall be paid by their Sub-commissioners within the said Counties of Lancaster and Chester as aforesaid, until both Houses take further Order.

Ordinance for Bradshaw and Steele, to take Subscriptions for Cheshire, in the Absence of Sir Wm. Brereton.

Whereas, by an Ordinance of the Lords and Commons of the 26th of March last, Sir William Brereton Baronet is enabled to take Subscriptions of such Sums of Money as any Person should contribute to the Relief of Cheshire, and to give Notes under his Hand for Re-payment upon the Public Faith; and likewise, by the said Ordinance, hath Power to take the Benefit of the Personal Estates of such Papists and Delinquents in London, or within Twenty Miles, as he shall discover within Two Months: The said Sir William Brereton being now to go down upon the Public Service, it is therefore hereby Ordered and Declared, That John Bradshawe and William Steele, of the City of London, Esquires, shall, for the Use of the said County of Chester, have as full Power and Authority, in all Things concerning the taking of the said Subscriptions for Money, and giving Notes under their Hands for Re-payment of the same upon the Public Faith, and for the Raising of Monies upon the said Estates of Delinquents, as the said Sir William Brereton any Way hath by virtue of the said Ordinance.

Adjourn.

House adjourned till 9^a cras.