House of Lords Journal Volume 7: 13 February 1645

DIE Jovis, 13 die Februarii.

PRAYERS, by Mr. Henry Wilkinson.

Comes Kent, Speaker this Day.

Alston's Petition, to be sreed from an Arrest, being in the Parliament's Service.

Upon reading the Petition of Peter Alston Gentleman, now a Prisoner in Newgate; being in the Service of the Parliament, under Colonel Martin, Governor of Alsebury, and arrested by Katherin Alston Widow, his Mother in Law; and considering he is in immediate Service of the Parliament, desires their Lordships would please to take his Condition into Consideration.

Hereupon it is Ordered, That the said Mrs. Alston shall have a Copy of this Petition, and return an Answer on Monday next to this House; and then further Consideration shall be had thereof.

Merchants trading to France, desire the Frenchmens Grievances may be heard, that their Trade may not suffer.

The Earl of Manchester reported, "That the Committee of both Kingdoms had a Paper presented to them from French Merchants;" which was read, as followeth:

"The Merchants of London, trading in France, do in all Humility present to your Honours, that they humbly conceive the speediest Way for their Relief is, that the Frenchmens Grievances may be heard, and Restitution or Satisfaction made unto them in all their just Demands; and, to that End, that the French King's Agent may be treated with therein.

"And to the End the Petitioners may not receive Prejudice in the Interim, by Seizure, Condemnation, or Sale of their Goods, your Honours would be pleased to write your Honourable Letters to the King and Council of State of France, to take off the present Arrests; and that the like may not be put in Execution against them in the future, whereby the Petitioners may enjoy their Trade and Commerce without Disturbance; and that Restitution may be made unto the Petitioners, for such Goods of theirs as hath been put to Sale.

"The Opinion of the Committee is, that a Letter be written, and sent into France, according to the Contents of the aforesaid Paper; and that the Parliament do give a Hearing of the Complaints of the French Merchants that are depending before the Committee."

Captain Stone to be attached for Contempt, in not appearing, to answer the Earl of Denbigh's Complaint.

Thomas Richards, upon Oath, testified, "That he served the Order of this House, dated 10th January, 1644, upon Captain Henry Stone, to appear before this House, to answer the Complaint of the Earl of Denbigh against him and others; that he serving the said Order upon him, and leaving a Copy thereof with him, yet the said Captain Henry Stone refuseth to appear."

Hereupon, for this Contempt, it is Ordered, That he shall be attached by the Gentleman Usher, and brought before this House, to answer his said Contempt.

And it is further Ordered, That Edward Berefford Gentleman, and John Purnell, and Henry Goringe, shall be summoned as Witnesses, on the Behalf of the Earl of Denbigh.

Le Strange, not to be too closely confined.

Upon reading the Petition of Roger Le Strange, a Prisoner in Newgate; alledging, "That he hath an Indisposition of Health upon him, and much streightened in the Prison:" Therefore it is Ordered, That the Keeper of Newgate be hereby required, in regard of his ill Health, that he be allowed such Accommodation for his Health as may stand with the Security and Safety of his Person.

Message from the H. C. to expedite the Ordinance for Sir T. Fairfax to command the Army, &c; and with Ordinances for Concurrence.

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

1. To desire their Lordships speedy Concurrence in the Ordinance concerning the new Army, because there are no Monies to be raised for the Supply of the Forces, without the passing of that Ordinance.

2. To desire Concurrence in an Ordinance for taking off the Sequestration of the Earl of Carlile's Estate.

(Here enter it.)

Agreed to.

3. An Ordinance for nominating and approving of Sir Mathew Brand to be High Sheriff for the County of Surry. (Here enter it.)

Agreed to.

4. An Ordinance to nominate and approve of Arthur Stavely Esquire to be High Sheriff for the County of Leicester. (Here enter it.)

Agreed.

The Answer returned was:

Answer.

That this House will return an Answer, by Messengers of their own, to the Ordinance concerning the new Army: To all the rest of the Particulars of this Message, this House agrees to them.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Ralph Ashton Baronet:

To desire Concurrence in an Ordinance for giving an Oath to the Sheriff of Lancashire.

The Answer returned was:

Answer.

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

Messages to the H. C. to which no Answers have been returned.

Ordered, That this House will take into Consideration To-morrow Morning what Business have been sent down to the House of Commons, concerning which no (fn. 1) Answer hath been returned to this House; and all the Lords are to have Notice to attend the House Tomorrow.

Ordinance for Sir T. Fairfax to command the Army, and for new modeling it.

Next, the House took into Consideration the Alterations in the Provisos made by the House of Commons, in the Ordinance for the new Model of an Army.

And this (fn. 2) House agreed to the Proviso, that the Commander in Chief shall nominate Commanders and Officers, and to be approved of by both the Houses.

Also to the Second Proviso this House Agreed to, with an Addition; and the Concurrence of the House of Commons desired in the said Addition.

And to the Third Proviso, for Lords Lieutenants to be of the Committees, this House Agreed to it.

Letter to be sent to the French King.

A Letter to be sent to the French King, concerning the French Merchants, was read, and approved of, and Ordered to be sent to the House of Commons.

Message to the H. C. concerning them.

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

To desire Concurrence in the Addition to the Second Proviso, in the Ordinance concerning the Model of the new Army.

2. To desire Concurrence in the Letter to be sent to the French King, in Behalf of the Merchants trading in France; and, if they agree to it, that it may be signed by the Speakers of both Houses, and sent away.

"An Ordinance for the Discharge of the Delinquency of the Earl of Carlile.

Ordinance to clear the Earl of Carlisle of his Delinquency.

"Whereas James Earl of Carlile hath been sined at Eight Hundred Pounds, for his Delinquency, to pay the same, by Way of Composition, to the Use of the State; and, in Pursuance of the said Composition, hath paid, or given Security to pay, the same, to the Satisfaction and Content of the Committee intrusted for that Service: It is this Day, therefore, Ordered, Ordained, and Declared, by the Lords and Commons in Parliament assembled, and the said Lords and Commons do Order, Ordain, and Declare, That the said Sequestration of the said James Earl of Carlisle's Estate, in what County or Place soever, shall be, and is hereby, taken off and discharged, as also his Fifth and Twentieth Part; any former Direction, Declaration, or Ordinance, notwithstanding."

Sir M. Brand to be Sheriff of Surrey.

"The Lords and Commons assembled in Parliament do nominate and approve of Sir Mathew Brand, to be High Sheriff for the County of Surrey; and the Commissioners of the Great Seal are hereby Ordered forthwith to grant Commissions accordingly."

Mr. Staveley to be Sheriff of Leicester.

"The Lords and Commons assembled in Parliament do nominate and approve of Arthur Stavley Esquire, to be High Sheriff for the County of Leicester; and the Commissioners of the Great Seal are hereby Ordered to grant Commissions accordingly."

Adjourn.

House adjourned till 9^a cras.