House of Lords Journal Volume 6: 3 June 1643

DIE Sabbati, 3 die Junii.

PRAYERS.

Earl of Manchester, Speaker.

Message from the H. C. for Lord Grey to be sent for, to go to Scotland;

A Message was brought from the House of Commons, by Sir Anthony Erby Knight, which consisted of these Particulars:

1. Whereas the Lord Grey of Warke is appointed to be sent into Scotland, they desire he may be sent for by Letter, because the Time draws near.

Agreed, To send for him presently.

for the Commission about the Treaty concerning the Scots Army in Ireland, to be sent to the King;

2. They desire that the Commission concerning the Treaty between the Parliament and the Scotts Commissioners, touching the Scotts Army in Ulster, [ (fn. 1) may be sent], to procure the King's Assent unto them.

Agreed, To send them presently.

for Two other Commissions to be sent also;

3. They desire that Two Commissions may be presented to the King, to receive His Royal Assent to them; one concerning the Preservation of both the Kingdoms, the other concerning the Trade.

Agreed, To be sent presently.

and to expedite some Ordinances.

4. They desire their Lordships would please to expedite the Ordinance concerning the Propositions touching Newcastle; and (fn. 2) the Ordinance concerning Sir Tho. Middleton; (fn. 2) the Order concerning Salt-petre; and the Order of the Names added to the several Counties.

The Answer returned was:

Answer to the H. C.

That their Lordships will send presently for the Lord Gray of Warke; and their Lordships do agree to send the Commissions to the King, for His Royal Assent, with a Letter to the Secretary Sir Edw. Nicholas, to get the King's Hand to it: Concerning the Ordinance of additional Names, their Lordships have passed the same already; and touching the rest of the Particulars of this Message, their Lordships will take the same into their Consideration, and send them an Answer by Messengers of their own.

Ordinance concerning Newcastle.

The Earl of Northumb. reported from the Committee the Ordinance concerning Newcastle, with Amendments and Alterations: Hereupon the House Ordered, To have a Conference with the House of Commons; and to desire that a Committee of both Houses may be appointed, to consider of the Objections made by the Committee.

Message to the H. C. for a Conference on some Ordinances.

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

To desire a Conference, concerning the Ordinance touching Newcastle Propositions, and the Ordinance concerning the Prisoners at Oxford, and the Ordinance touching Gunpowder.

Dr. Zouch, a Pass.

Ordered, That Dr. Zouch shall have a Pass, to return from Oxford to London.

Mr. Smith to receive the Profits of Maidstone.

The House received Information, "That Mr. Barrell, Parson of Maidston, in Kent, hath One Hundred and Sixty Pounds per Annum in Land, and other Goods to a good Value; and that Mr. Smith is a Learned Man, and of good Life and Conversation;" with which their Lordships being satisfied, the House Ordered, That the said Mr. Smith shall be appointed to officiate the Church of Maidston, and receive all the Profits and Benefit of the said Living.

Treaty with the Scotch Commissioners concerning their Army in Ireland.

Ordered, That the Articles concerning the Treaty with the Scotts Commissioners, touching the Scotts Army in Ireland, shall be delivered to the Clerk of the Crown, who is to take Care to send these Articles and the Two Commissions to be presented to the King, for His Royal Assent to them.

Johnson versus Talcott.

Anno 1598.

Their Lordships heard the Cause between Johnson Plaintiff, and Talcott Defendant, desiring "To be relieved against a Mortgage of Land made Forty-five Years ago, pretending the Land of greater Value than the Consideration paid for it; and the Redemption was purposely and fraudulently omitted, that the Inheritance might be forfeited."

The Defendant pleaded, "He had a Title by Law, and Forty Years in Possession, and Hill. Term, 2° Car. had a Decree in Chancery; and the Cause was dismissed."

The House, having heard Counsel on both Sides, and taking the whole Business into Consideration, Ordered, That this Cause shall be dismissed this House.

Message from the H. C. with an Ordinance for raising Horses within Twelve Miles of London.

A Message was brought from the House of Commons, by Mr. Bainton; who brought up an Ordinance, for the listing of Horses within Twelve Miles of London.

The said Ordinance was read; and Ordered, That this House agrees not to this Ordinance.

The Answer returned was:

Answer.

That their Lordships will give an Answer to this Ordinance by Messengers of their own.

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

Answer from the H. C.

That they will give a Conference, in the Painted Camber, presently.

Heads for the Conference about some Ordinances.

The Sense of the House, which was to be delivered at this Conference, touching the Ordinances concerning Salt-petre and Gunpowder, and concerning the ill Usage of the Prisoners at Oxford, was, "To let them know, that their Lordships do agree to the Ordinance touching the Salt-petre, with those Limitations, according to the Resolution of the Judges, and to be limited both for the Times and Places, according to the Statute.

"That their Lordships do agree to the Ordinance touching the Prisoners, leaving out the Second, Third, and Fourth Articles; not that their Lordships do desert them, but think it fit to be left to the last, until their Lordships do understand what Answer the Lord General hath from the General of the King's Army, and receive Information certainly how the Prisoners are used at Oxford."

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

Families of Persons whose Estates are sequestered, to be taken Care of.

Ordered, That this House gives Liberty to the Lords Committees for the Sequestrations, to make such Allowances to the Maintenance of Wives and Children of Persons whose Estates are sequestered, as they shall think fit.

Captain Fisher to attend, about seizing Mr. Murrey's Horses.

Upon Information to this House, "That one Captain Fisher hath taken away Mr. Henry Murrie's Horses, who hath Leave of this House to go into Scotland:" It is Ordered, That the said Captain Fisher shall attend this House, to shew by what Warrant he did the same; and, in the mean Time, the Horses shall not be otherwise disposed of.

Sir T. Middleton, Serjeant Major of Six Welsh Counties.

The Ordinance for making Sir Tho. Middleton Serjeant Major of Six Welsh Counties, was read, and agreed to, with the Addition of these Words; videlicet, ["excepting the Members of both Houses of Parliament"].

Order for Money disbursed by him.

Next, an Order was read for paying Five Thousand Pounds to Sir Tho. Mideleton, which he hath disbursed. (Here enter it.)

Agreed to.

E. of Crecy, Ambassador from France, desires a Pass and Protection.

Upon the Desire of the Earl of Crecy, "That he being sent into England, by the King of France and the Queen Regent, to signify to the King and the Queen the Death of the French King, that he might have a Pass, to go to the King and the Queen, with his Retinue, and afterwards return to London, without Search or Hindrance, taking such Apparel, Cloakbags, and Mails, as he shall please to direct, both for himself and his Company, with his Horses and Coach; and his Lordship to be used with all Civility.

"And that he may have a Pass from the Lord General, and a Trumpeter to go along with him during his Abode in England."

All which this House Agreed to grant him; and Resolved, To send to the House of Commons, to acquaint them with these Desires, and that they will grant him the like Order.

Message to the H. C about it, and the foregoing Orders;

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

To acquaint them with the Desires of the Earl of Crecy; to let them know, that this House agrees with them in the Ordinance concerning Sir Tho. Middleton, with the Additions of these Words ["excepting the Members of both Houses of Parliament"]; and that their Lordships do agree to the Order for paying the Five Thousand Pounds to Sir Tho. Middleton:

and recomending L. Sheffield to them, whose Estate is seizes by the King's Forces.

And to let them know, that, in the Letter of the Earl of Mulgrave, sent down to them the other Day, there is a Desire that the Lord Sheffeld might be taken into Consideration, his Lands in Lyncolneshire and other Counties being all seized by the King's Forces; their Lordships do recommend the Lord Sheffeld to their Consideration, as a Person of Honour, and worthy of their Respects.

Mr. Smith a Protection.

Ordered, That Mr. Ric'd Smith, of Lee, in the County of Staff. shall have a Protection of this House, to preserve his House and Goods from Plundering and Violence.

Mr. Lamden, D°

Ordered, That Wm. Lamden, of Ridgley, in the County of Staff. shall have a Protection of this House, to preserve his House and Goods from Plundering and Violence.

Beaston, for Words against the Parliament.

Upon reading an Affidavit of Eliz. Parker, "That Edmond Beaston, of Shorditch, hath spoken scandalous Words against the Parliament, and the Earl of Pembrooke:" Hereupon this House Ordered, that the said Edmond Beaston shall be attached, and brought forthwith before the Lords in Parliament, to answer the same.

Order for 5000 l. to Sir Thomas Middleton, advanced by him for Defence of Six Welsh Counties.

"Whereas Sir Thomas Middleton, Serjeant Major General of the Counties of Denbigh, Mountgom'y, Flint, Merioneth, Carnarvon, and Anglesey, in the Dominion of Wales, hath, for the advancing and furnishing out of the Forces into the said Counties, for the Public Service of the Kingdom, taken up at Interest, upon his and his Friends particular Credits and Securities, the Sum of Five Thousand Pounds, without which the said Forces cannot be raised for the said Expedition: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers at Guildhall, London, shall pay unto the said Sir Thomas Middleton, or unto such Persons whom the said Sir Thomas shall assign to receive the same, the said Sum of Five Thousand Pounds, with Interest, according to the Rate of Eight Pounds in the Hundred, for One Year, out of such Monies as they shall receive by Sequestrations, Subscriptions, or otherwise, by Five Hundred Pounds a Week, the First Payment thereof to begin upon Monday the 21st Day of August next; and the said Payment of Five Hundred Pounds by the Week to be continued upon every Monday in every Week then next following, until the said Five Thousand Pounds, and Interest after the Rate abovesaid, shall be fully paid; and the said Sir Thomas Middleton shall give a particular Accompt of the several Disbursements of the said Sum of Five Thousand Pounds, to the Uses abovesaid, unto both Houses of Parliament, or such others as they shall appoint."

Ordinance concerning the Propositions about Newcastle.

The Earl of Northumb's Report of the Propositions touching Newcastle:

"That we (fn. 3) saw the Certificate from the Commissioners of the Navy.

"Fol. 2. Linea 9, 10. That Lords may be named, to join with the Committee of the House of Commons.

"Quere, Whether a Committee of the Parliament, or of Adventurers only?

"Fol. 4. Linea 6. That Two Thirds only of Papists Estates may be taken, and the (fn. 4) Estates of Delinquents, such as shall be so adjudged by both Houses.

"Fol. 4. Linea 30. All the Forces shall be disposed of by the Committees.

"No Price is set, so as the Adventurers may (fn. 4) subscribe at what Rates they please; nor is any appointed unto whom the Treasurers are to account.

"If these Exceptions shall be thought to be material, to desire that a Committee of both Houses might be appointed, to mend the Ordinance answerable to these Exceptions."

Adjourn.

House adjourned till Monday next, at 10 a Clock.