House of Lords Journal Volume 7: 23 January 1645

Die Jovis, 23 die Januarii.

PRAYERS, by Dr. Temple.

Ds. Grey de Warke, Speaker.

Ordinance for an Allowance for the Minister of Oakingham.

Ordered, That the Committee concerning the Minister of Okingham shall meet on Saturday next, in the Afternoon; and the Parties on both Sides, that are concerned therein, are to attend the said Committee; and the Lord Howard is hereby added to be of that Committee.

Lady Paget's Assessment.

Upon reading the Petition of Lettice Lady Pagett; complaining of "the great Assessment which she is assessed at by the Committee at The Savoy, upon the Ordinance for Supply of the Army, beyond her Proportion; her Estate lying in the Counties, where she pays all Assessments, and her Tenants have been (fn. 1) plundered."

And in regard she is a Peeress, and but a Lodger in Westm. It is Ordered, That some of that Committee shall attend the Lord Admiral, Lord North, Lord Grey, and the Lord Howard, on Saturday Morning, and give them an Account concerning this Business, and upon what Ordinance they made this Assessment; and the said Lords are to report the same to this House; and in the mean Time all Proceedings, by Distress or otherwise, be stayed.

Le Cœur and Legay.

Upon reading the Certificate of Dr. Aylett, concerning the Business between Monsieur Le Cœur, Merchant Stranger, and Fairefaix and Legay. (Here enter it.) It is Ordered to be recommended to Mr. Justice Bacon, before whom the Action depends, that he take moderate Bail in this Business.

Papers from the King, concerning the Treaty.

The Lord Wharton reported, "That they have communicated the Papers to the Scottish Commissioners which came from the King Yesterday, concerning the Treaty."

Ordered, That it is hereby referred to the Committee of both Kingdoms, to take into their Consideration the Papers which were received from the King, concerning the Treaty; and, after Consideration thereof, to report their Opinions to the Houses.

A Fast to be observed, for the Success of the Treaty.

Ordered, That the next Fast be kept by both Houses, and within the Lines of Communication, upon Tuesday next, because Wednesday is appointed for the Commissioners to go to Uxbridge about the Treaty; and all Ministers are hereby desired, in especial Manner, to beg God's Blessing upon the said Treaty, that the Issue thereof may be to the Glory of God, and the Advancement of Religion, and the settling of a happy, safe, and well grounded Peace, in all these Dominions.

Message to the H. C. to concur in it; and to refer the Papers concerning the Treaty.

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

To desire their Concurrence in the Order for referring the Consideration of the Papers for the Treaty to the Committee of both Kingdoms.

2. To desire their Concurrence in the Order for keeping the Fast on Tuesday next.

Earl of Denbigh's Complaint against Capt. Stone, & al. Committees for Stafford.

Upon Information to this House, "That the Witnesses of the Earl of Denbigh (fn. 2) are now in Town; and in regard the Business of the Complaint of the Earl of Denbigh, against some of the Committees of the County of Stafford, is not to be heard until the Earl of Denbigh return back from the Treaty at Uxbridge, the Witnesses will suffer much by their Attendance so long; therefore it was desired, that some Course might be taken, that the Witnesses now in Town may be examined."

Hereupon this House appointed, the Earl of Kent, Earl of Stamford, Lord North, and the Lord Grey, or any Two of them, shall examine the Witnesses of the Earl of Denbigh upon Oath (they coming (fn. 3) To-morrow Morning to be sworn at this Bar); and the Defendants shall have Liberty to cross-examine any of the Witnesses, if they think fit.

This Committee to meet when they please, and to adjourn from Time to Time, as they shall see Cause.

Message from the H. C. for a Conference about Lord M'Gwire's Trial; for Committees to meet for treating with The States Ambassadors; and with an Order for Arms for Sir John Price.

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, and others:

1. To desire a Conference, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, concerning the Trial of the Arch Rebel of Ireland, the Lord Magwire.

2. To desire their Lordships would please to appoint the Lords Committee, to meet with the Committee of the House of Commons that were appointed to treat with The States Ambassadors, to consider of the Depredations that have been made by the Subjects of The United Provinces upon the Subjects of this Kingdom, and present the same to The States Ambassadors.

3. To desire Concurrence in this Order following:

"Ordered, by the Lords and Commons assembled in Parliament, That Three Hundred Pair of Pistols and Holsters, and Seven Hundred Swords, be provided, upon the Credit (fn. 4) at Haberdashers Hall, to be re-paid at Three Months End, and sent to Sir John Price, for the Encouragement of the Parliament's Forces in the Parts of Mountgomeryshire, and the Parts adjacent, and those that do adhere to them."

Agreed to.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired; and that the Lords Commitee that treated with The States Ambassadors shall meet with the Committee of the House of Commons this Afternoon, as they desire; and that this House agrees to the Order for providing Arms, to be sent to Sir John Price.

Message from the H. C. for the Committee of both Kingdoms to consider the Papers concerning the Treaty.

A Message was brought from the House of Commons, by Sir Henry Vane Knight, &c.

To desire their Lordships Concurrence, that the Committee of both Kingdoms may have Power to take into Consideration the Papers that came from the King Yesterday, concerning the Treaty; and that they do report their Opinions thereof to the Houses.

Ordered, That this House (fn. 5) agrees with the House of Commons in this Message.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Message.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they will send an Answer to the Message they carried, by Messengers of their own.

Directory for Church Government.

The Paper of the Government of the Church was read the Second Time, and Ordered to be taken into Consideration To-morrow, by a Committee of the whole House.

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

Examination of Mr. Thayne's Business, by the Committee at Haberdashers Hall.

Ordered, That One Lord at the least be present at the Examination of the Business concerning Alexander Thayne Esquire, Gentleman Usher attending this House, by the Committee of Haberdashers Hall; and the Lords of that Committee are to give an Account to this House of the Proceedings of that Business.

Report of the Conference about Lord M'Gwire's Trial.

The Speaker reported the Effect of this Conference concerning the Lord Magwire.

Hereupon this [ (fn. 6) House Ordered], That all Orders and Proceedings concerning the Lord Magwire, made in this House, shall be vacated; and all Proceedings in the King's Bench to be in the same State and Condition as they were if nothing had been done by this House.

Le Coeur, Legay, and Fairfax.

"According to an Order from the most Honourable the Lords in Parliament assembled, of the 20th of January Instant, made upon the Petition of William Le Coeur, whereby I am required to consider of the said Petition, and make Report thereof to this Honourable House, I have called before me the Parties mentioned in the said Petition; the Keeper of the Prison of The Poultry Compter, London, producing before me the Petitioner William Le Coeur his Prisoner, together with the Causes of his Detainer, being Four several Causes of Actions; videlicet, Three Writs of Latitat out of His Majesty's Court of King's Bench, the First at the Suit of Daniell Fairefax, the Second at the Suit of Isaac Legay, the Third at the Suit of Martin Bently and Katherin his Wife, Sister and Administratrix of Anthony Howper deceased, in the Petition mentioned; the Cause of the Two First Actions are (as they say) for scandalous Words against them as Merchants, videlicet, for saying, "They were all broken Men; and that they were the greatest Robbers, Cozeners, and Cheaters in the World; and that the said William Le Coeur had arrested them for One Hundred Thousand Pounds, and would have them hanged before The Exchange;" which (fn. 7) Words the Petitioner denies as they are charged; but confesseth that he privately told One of their Friends, "That, if they had done such Things in France, they would have been accounted the greatest Cozeners and Cheaters in the World;" and confesseth, "That he hath brought a Suit against them for One Hundred Thousand Pounds, in His Majesty's Court of King's Bench;" and the Third Latitat is at the Suit of the said Martin and Katherin Bently, as Administratrix of the said Hooper deceased, for detaining of the Estate, Books, and Papers, of the said Deceased, amounting (as they say) to Fifty Thousand Pounds; the said Bentley further affirming, that he was informed that the Petitioner Le Coeur was about to depart the Kingdom, which the Petitioner also denies, and offers Oath that he hath no such Intention; to which Three Actions the Parties Complainants did (as I am informed, and Oath offered) require great Bail; videlicet, Fifty Thousand Pounds apiece to every of the said Actions: The Fourth and last was, by a Writ of Latitat, at the Suit of the Lord Mayor and Commonalty of the City of London, which Writ the Attorney of the Plaintiffs, who brought the same, saith, "That the Name of Le Coeur was mistaken," and sends to me a Discharge of that Action under the Hand of the Secondary of the said Compter; so as now the Petitioner Le Coeur stands only charged and detained in Prison upon the Three First Latitats, whereof Two of them are for Words; and the Third for the Books, Papers, and Estate, of the said Hooper as aforesaid; so as in Effect all the Three Actions depend only upon Words: For it appears to me, upon Accompts made and perfected in the Life-time of the said Hooper deceased, by Reference to Merchants, that the said Hooper was then indebted to the Petitioner in very great Sums of Money; for Satisfaction of which Debts, the said Hooper, by his Deeds, in his Life-time, made over his whole Estate, as appears by the said Deeds; for Remedy wherein, the Petitioner hath his Suit depending in the High Court of Chancery. All which I humbly submit to the great Judgement of this High and most Honourable Court.

"Robert Aylett."