House of Lords Journal Volume 7: 10 February 1645

DIE Lunæ, 10 die Februarii.

PRAYERS, by Mr. Taylor.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Edw. Leech and Dr. Heath returned with this Answer:

That they have delivered their Message to the House of Commons, concerning the Ordinance for Tonnage and Poundage; and they will send an Answer by Messengers of their own.

Ordinance to amend the One concerning Newport Pagnell.

The Lord Admiral reported, "That the Committee have considered of the Ordinance concerning Newport Pannell; and they think it fit to pass as it (fn. 1) is, without any Alterations."

And the said Ordinance being read the Third Time, it was Agreed to.

Message from the H. C. with an Ordinance;

A Message was brought from the House of Commons, by Mr. Recorder of London;

To desire their Lordships Concurrence in these Particulars:

1. An Ordinance concerning the approving of the over-ruling the Plea and Demurrer of the Lord Maguire.

(Here enter it.)

Read, and approved of.

with a Letter to the Parliament of Scotland;

2d, A Letter to be sent to the Parliament of Scotland, or, in their Absence, to the Committee of Estates of Parliament, concerning the advancing of the Scotts Army Southwards. (Here enter it.)

Agreed to.

and for a Conference about the Ordinance for Sir T.Fairfax to command the Army.

3d, To desire their Lordships would give a Conference, by a Committee of both Houses, when their Lordships shall think it convenient, concerning the Ordinance for a new Model of the Army.

Ordered, To give a Conference To-morrow Morning, at Ten a Clock.

The Answer returned was:

Answer.

That this House agrees to the Order (fn. 1) concerning Mr. Justice Bacon, and to the Letter to be sent to the Parliament of Scotland; and that this House will give them a Conference To-morrow Morning, at Ten a Clock, concerning the Ordinance touching the new Model of the Army.

Wheeler and Bails.

Upon reading the Certificate of Mr. Justice Reeves and Mr. Justice Bacon, concerning the Business referred to them from this House, between Abraham Wheeler and Joseph Balls: (Here enter the Report.) It is Ordered, That the Money deposited in the Court of Requests shall be paid into the Chancery, there to remain until the Business between (fn. 1) them be determined there.

De La Salle and Mathewes versus Pickering, Tokeley, & al.

Upon reading the Petition of Peter De La Salle and Peter Mathewes, French Merchants, on Behalf of themselves and the most Excellent Prince Bernard Duke D'Espernoone in the Kingdom of France, against James Pickering, Robert Tokeley, and Thomas Smith, and others: It is Ordered, That the Defendants shall have a Copy of this Petition, and return an Answer to this House by Wednesday Morning next; and then this House will give further Directions therein.

Le Coeur versus Fairfax and Legay.

Upon reading the Petition of William Coeur, French Merchant, against Danyell Fairevax and Isaack Legay: It is Ordered, That the said Petition is referred to the Consideration of the Committee that is appointed to consider of the Papers of the French Agent.

Michell and Osbaston.

Upon hearing the Cause (fn. 2) by Counsel on both Sides, between Mr. Osbaston and Thomas Michell: It is Ordered, That this House confirms the Order of this House, dated the 17th of July: And because it appeared that Jeremy Stevens hath received of Michell Seventyfive Pounds, being Three Quarters of a Year's Rent; it is Ordered, That Stevens be served with the said Order, to pay the said Seventy-five Pounds to Mr. Osbaston; and that Mr. Stevens shall pay to Mr. Osbaston the Twenty-five Pounds remaining in his Hands; and if the said Stevens shall refuse the Payment of the said Seventyfive Pounds, then he is to shew Cause to this House.

Petition against the Use of Foreign Ships.

Upon reading the Petition of divers Masters and Well-wishers to the Increase of the Navigation of this Kingdom: (Here enter it.) It is Ordered, To send down and communicate this Petition to the House of Commons, by the next Message as is sent.

Tew bailed.

Upon reading the Petition of Nic. Tew, Stationer, being committed by this House upon a Contempt: It is Ordered, That the Justices to whom the Examination of this Business is referred shall give this House an Account thereof on Saturday Morning next; and in the mean (fn. 3) Time the said Tew to be bailed.

Order for Ld. Macguire's Trial in the King's Bench to proceed.

"It is this Day Ordered, by the Lords and Commons, That this House doth approve of the Judgement given by Mr. Justice Bacon, in over-ruling the Plea of the Lord Macguire; and of the Manner of the Trial upon the Indictment of High Treason in the King's Bench: And the Judge is hereby required to proceed speedily thereupon, according to Law and Justice."

Letter to the Parliament of Scotland, for their Forces to march Southward.

"Right Honourable,

"We cannot too often express our Sense of the great Assistance we have received from you, both by your Forces and the Counsels of those noble Lords and Gentlemen you sent to reside with us; and as we must ascribe the Glory to God the Author, so shall we return our hearty Thanks to you the Instruments, of so great a Blessing. We are now to desire you, that the Scottish Army in the Northern Parts of this Kingdom may with all convenient Speed advance Southwards, where, we conceive, they will be most useful for the Public. We shall not fail to use our Endeavours to provide for their Accommodation. We have proceeded therein in some good Measure, the Particulars whereof we refer to the Relation of your Commissioners here, who, we doubt not, will give you an Account thereof.

"We have no more to say for the present, but to beseech the God of Heaven, who hath so happily united both Nations, to (fn. 3) put such a Conclusion to our sad Distractions, as may tend to the Advancement of His Glory, and the Peace and Tranquillity of both Kingdoms."

Petition of Merchants, Masters of Ships, &c. against the employing Foreign Ships.

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

"The humble Petition of divers Masters and others, Well-wishers to the Increase of Navigation of this Kingdom;

"Shewing,

"That whereas not only the Strength of this Kingdom for Defence against Enemies, but also the Welfare thereof in Trade and Commerce both by Exportation and Importation, doth mainly consist in the Shipping and Navy; and to that End, that the same might not decay, but be maintained and increased, it hath (by the Wisdom of Parliament) both in ancient and latter Times been provided for, by many good Laws and Statutes, That no Persons (being naturalborn Subjects) should carry from any Port or Creek of this Realm to any other, or export or import any Wares or Merchandize out of or thereinto, save only in English Bottoms, or such Ships or Vessels whereof some of the Native Subjects of this Kingdom are Owners; yet, notwithstanding, divers worldlyminded Persons (neither regarding the Penalty of those Statutes, nor the Good or Welfare of their Country, but wholly (fn. 4) intending their own private Lucre) have of late taken Advantage (by some Toleration given in the Statutes, as they pretend) to employ Strangers Bottoms; and although it is well known, that seldom or never any English Ships go for Norway, Swcadland, or Rygay, to seek Freight, and if they should want Shipping in those Parts at any Time, they may give Notice into England out of The East in a Month, and from Norway in Fourteen Days, and be supplied, yet most wilfully neglect to ship their Merchandize in English Vessels, but employ Housemoores and Danes, and drive their Trade in Foreign Vessels; by which Means they have corruptly made some Gain to themselves, having brought in not so few as One Hundred Ships Lading of Goods annually in Strangers Bottoms (the Shipping of the Kingdom being much laid aside), to the great Discouragement of the Owners, Shipwrights, and Mariners, weakening of the Kingdom (rendering it less able for Defence), diminishing of the Customs, by affording Opportunity for the colouring of Strangers Goods, disheartening both the building of Ships and breeding of native Mariners, and will (unless speedily prevented) endanger not only the Wealth but Safety of the Natives of this Kingdom.

"The Petitioners, conceiving the Premises to be of very great Weight and Concernment to the Public, do humbly beseech these Honourable Assemblies, in your unwearied Care for the Good of the Kingdom, to take the same into Consideration; and to direct such Course, by Ordinance, or otherwise, for the remedying thereof, as to the Wisdom of Parliament shall seem meet.

"And your Petitioners (as in Duty bound) shall daily pray, &c.

"Isaac Gould.
Solomon Clarke.
Edward Smith.
Dan. Crafford.
John Waterer.
Jo'n Gardiner.
Robert Clement.
Symon Beale.
Robert Williams.
Constantine Harmon.
Richard Wilshere.
Henry Pepper.
Edward Peach.
Jo'n Andrewes.
Edward Peach.
Robert Steadman.
John Buckenham.
Tho. Harrison.
Jo'n Peterson.
Tho. Clarke.
Robert Hudson Jun.
Zacharias Bromwell.
Henry Shawe.
Henry Cheaney.
James Peacock.
John Pootey.
Rob't Ellis.
Hen. Clarke.
Steeven Rich.
Rob't Church.
Wm. Lee.
Jo'n Milles.
Jo'n Godsell.
Jo'n Milles.
Jo'n Prisnam.
Robert Milles.
Jo'n Presman.
Sam. Wiseman.
Sam. Wiseman.
Wm. Maynard.
Joseph Dobins.
Robert Crowley.
Ben. Harrison.
Sam. Hawkes.
Wm. Bugbe.
Ralph Clarke.
Wm. Cooper.
James Bartlett.
Jo'n Corditt.
Wm. Oldson.
Hen. Creame.
Rich. Foster.
Jo'n Lee.
Christofer Willson.
Sam. Truelove.
George Dawes.
Gilbert Lawes.
Jo'n Boody.
Edw. Locke.
George Bullocke.
Tho. Beale.
Fr. Greene.
Jo'n Browne.
Roger Lawrence.
Hen. Askitell.
Tho. Cason.
Jo'n Kinge.
Wm. Smith.
Tho. Johnson.
Jo'n Abbott.
Jer. Warren.
Bernard Johnson."

Judges Certificate, concerning Ball and Wheeler.

"To the Right Honourable the Lords assembled in Parliament.

"May it please your Lordships,

"According to an Order of the 15th of January Instant, we have heard the Parties, and their Counsel Learned, on both Sides, and have considered of the Matters thereby referred to us, upon the several Petitions of Abraham Wheeler and Joseph Balls; and do think fit that the One Hundred Forty-nine Pounds, Seventeen Shillings, Four Pence, alledged to be brought into the Court of Requests by Abraham Wheeler Plaintiff, be forthwith, by the Officers of that Court who ought to pay the same, brought into the Chancery, and delivered to the Usher there, to be disposed of as that Court shall think fit; and, for the speedy settling of the Difference between the Parties, the said Joseph Balls having a Bill depending in Chancery precedent to the Decree in the Court of Requests, wherein some Witnesses are since examined on the Part of Balls, we do likewise think fit that the Petitioner Abraham Wheeler may, if he shall be so advised, prefer a Bill also in Chancery against Joseph Balls, either to have the Proceedings in the Court of Requests confirmed and put in Execution, or to be relieved upon the Equity of his Cause, as his Counsel shall advise, unto which Bill the said Joseph Balls is forthwith to appear and answer gratis; and so both Causes there to proceed with Expedition, according to the Course of that Court, and to be heard together; and the Depositions, Decree, and Proceedings, in the Court of Requests, to be made Use of on both Sides, at the Hearing of the said Cause in Chancery, according to the Justice of that Court.

3 Feb. 1644.

"John Reve.
Fra. Bacon."