House of Lords Journal Volume 6: 18 September 1644

DIE Mercurii, 18 die Septembris.

PRAYERS, by Mr. Painter.

Ds. Grey de Warke, Speaker.

Johnson versus Boughton & al.

Upon reading the Petition and Affidavit of Ezechiel Johnson, Clerk; shewing, "Thomas Boughton, Ric'd Boughton, Mary Buncher, Thomas Burton, Ric'd Rockingham alias Packington, and Thomas Newman, were all served with an Order of the Lords in Parliament, the 2d Day of August last, whereby the said Parties were Ordered Personally to appear before their Lordships on Friday the 23th of August last, to answer the Plaintiff's Complaint against them, in Case (fn. 1) they conformed not themselves to a former Order made by their Lordships, May 17th, 1643, in paying the Dues therein mentioned; and yet the Parties have altogether neglected either to conform themselves to their Lordships Order, or to appear before their Lordships at the Day and Time appointed them by their Lordships Order aforesaid, to answer the same."

Hereupon this House Ordered, That the aforesaid Thomas Boughton, Ric'd Boughton, Mary Buncher, Thomas Burton, Ric'd Rockingham alias Packington, and Thomas Newman, shall be attached by the Gentleman Usher attending this House, and forthwith brought before the Lords in Parliament.

Lady Mallet, a Pass.

Ordered, That the Lady Mallett, Wife to Mr. Justice Mallett, a Prisoner in The Tower of London, shall have a Pass, for herself, Two Maids, a Man, and a Horse, with a Coach and Four Horses and a Coachman, to go into Pointington, in Somer'shire, and to return without Trouble and Interruption, within Two Months, or sooner if required.

Report from the Committee, concerning the King's Letter.

The Speaker reported, "That the Committee of both Houses met Yesterday, and took into Consideration what is fit to be done upon the King's Letter; and the Committee made Two Votes, which they offer to their Lordships Consideration:

"1. That the Directions of the King's Letter, "To the Lords and Commons of Parliament assembled at Westminster," is not a Direction which doth acknowledge the Parliament of England.

"2. It is the Opinion of this Committee, That both Houses should be moved, to send away with all Expedition unto His Majesty the Propositions for a safe and well-grounded Peace, which are in preparing by the Parliaments of the Kingdoms."

Ordered, That this House approves and confirms the aforesaid Votes of the Committee.

Message from the H. C. with an Ordinance.

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

To desire their Lordships Concurrence in an Ordinance concerning Mr. Whitlocke, a Member of the House of Commons. (Here enter it.)

Read Thrice, and Agreed to.

The Answer was:

Answer.

That this House agrees to the Ordinance now brought up, concerning Mr. Whitlocke.

Message from thence, with Ordinances.

A Message was brought from the House of Commons, by Mr. Rous and others;

To desire Concurrence in Two Ordinances:

1. Concerning Ordination of Ministers.

2. Concerning Printing.

The Answer returned was:

Answer.

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

Lacy, Ash, & al. to be attached, for killing Deer in The New Forest.

Upon Complaint, "That Thomas Lacy of Goreley, George Ash of Bickton, John Saunders of Stuckton, Hugh Barrowe of Fordinbridge, have killed and destroyed Deer, in The New Forest, and have wounded the Keeper of Broomy Lodge:" It is (fn. 2) Ordered, That the Persons aforesaid shall be attached by the Gentleman Usher, and brought forthwith before this House, to answer the same.

Propositions for a Peace.

Ordered, That the Committee of Lords of the Committee of both Kingdoms are hereby appointed to bring in the Propositions for a safe and a well-grounded (fn. 3) Peace, with all convenient Speed.

Sands and Bishop, concerning the Manor of Southwarmborough.

"Whereas, upon Sale heretofore made of the Manor of Southwarmeborow, and other Lands, in the County of Southampton, by Will. Sandes Esquire, unto Richard Bishopp then of London Esquire, the Sum of Five Hundred Pounds, Part of the Purchase-money, was by Agreement retained in the Hands of the said Richard Bishopp, in respect of an Incumbrance whereunto the said Lands were supposed liable, by reason of certain Fines before that Time imposed (in the High Commission Court) upon Sir John Hall Knight, then Owner of Part of the said Lands; and whereas Bulstrod Whitelock Esquire, a Member of the House of Commons, being engaged by Bond, dated the 13th of June, 1638, with the said William Sands, for the Payment of the Sum of Six Hundred and Twenty Pounds unto Thomas Bennett Esquire, for the Use of Elizabeth Bennett Spinster, for the proper Debt of the said William Sands; for Counter-security, and in Part of Satisfaction to the said Bulstrode Whitelock, he the said William Sands did agree, that the said Bulstrode Whitelocke should receive the said Five Hundred Pounds, and the Interest due for the same, which, by Articles of Agreement made between them the said William Sands and Richard Bishopp, and dated the 17th Day of June, 1636, the said Bishopp was to pay to the said William Sandes and his Assigns, with Interest for Six Months after the Rate of Eight Pounds per Cent. when the said Manor and Lands should be freed and discharged from the said Incumbrance, as by the said Articles, which were thereupon by him the said William Sandes delivered into the Hands of the said Bulstrode Whitelocke, to enable him to receive the same, doth more at large appear; and now the said Bulstrode Whitelocke, having paid the said Debt of the said William Sands, is become justly intitled to the Money so remaining in the Hands of the said Richard Bishopp: Be it therefore, upon the humble Prayer of the said Bulstrode Whitelocke, Ordered and Ordained, by the Lords and Commons in Parliament assembled, and by the Authority of the same, That the said Richard Bishopp shall, within Ten Days after the passing of this Ordinance, satisfy and pay unto the said Bulstrode Whitelocke, his Executors or Assigns, the said Sum of Five Hundred Pounds, with Six Months Interest due for the same, according to the Agreement aforesaid; and that, upon Payment thereof as aforesaid, the said Manor and Lands shall be freed and discharged of and from the said Fine and Fines, or any Incumbrance by reason thereof; and likewise the said Richard Bishopp, his Heirs, Executors, Administrators, and Assigns, be free, acquitted, and discharged, against the said Wm. Sandes, upon the said Articles of Agreement, and every Thing therein contained, touching or concerning the said Sum of Five Hundred Pounds."

The Speaker acquainted the House with a Paper sent him from the Spanish Ambassador, to be presented to this House; which Paper was read, as followeth:

Paper from the Spanish Ambassador, to clear himself of the Suspicion of having assisted Ld. M'Gwire and M'Mahown in their Escape.

"To the Right Honourable the Lords and Commons in Parliament assembled.

"Don Alonso De Cardenas, Ambassador of His Catholic Majesty in this Kingdom, having understood that the Lord Maquier and Marmahon, Irishmen, Prisoners in The Tower of London, were escaped thence, and that another Irishman, who lived in his Lordship's House, should have Intervention or Notice of their Escape, by reason of the apprehending a Scotchwoman that brought some Saws (which did resort unto him) used by the Prisoners to facilitate their Escape, which may have given Occasion to the Parliament of Suspicion or Doubt his Lordship to have had some Hand, Knowledge, or Notice, of the Escape of the said Prisoners; and thereby moved the Honourable House of Commons to send on Saturday last, the 14th of September, Stilo veteri, to deliver unto them the said Prisoners, supposing they were concealed in his Lordship's House.

"And his Lordship, for his Vindication, being desirous that your Honours may be fully informed of his Lordship's Answer to this Point, and to help the Memory of the Commissioners, hath thought sit to present the same in Writing, that thereby may appear, he hath proceeded therein with the Sincerity he professeth, and ought to his Obligation, being Ambassador of so great a King as his Master is; and withall to make this Declaration, assuring the Parliament, upon his Honour, that in this Escape he hath not had any Hand, Knowledge, or Notice thereof; and that the said Prisoners Maquier and Marmahoun, neither public nor secretly, have been in his Lordship's House, or set Foot therein, either before or since their Escape; nor either spoke with them by himself or by any other, directly or indirectly, or in his Life seen them.

"And that the Scotchwoman apprehended is nor was not of his Lordship's House nor Family, nor received Wages therein; and, that it may appear how clear and free his Lordship is from meddling with any Matters that doth appertain to the State, or may give Distaste to the Parliament, his Lordship further declareth, that the Two other Gentlemen, one Irish and the other English, which the Commissioners of the Honourable House of Commons demanded to be delivered up unto them, are not in his House; having absented themselves some Days since, fearing his Lordship's Indignation and Displeasure, when he come to understand (that being in his House) they had given Occasion of Suspicion to have treated in a Business of this Nature; by which, his Lordship hopeth, the Parliament will receive that Satisfaction is due unto his Lordship's Proceedings, not only in this Particular but in all other Occasions, wherein he hath endeavoured your Honours might receive the same.

"P' Mandam' de su Ca'cil ,
Dan. Bernardi,
Ag'^te la Amba'^da."

Adjourn.

House adjourned till 9^a, Friday Morning next.