House of Lords Journal Volume 7: 16 October 1645

DIE Jovis, 16 die Octobris.

PRAYERS, by Mr. Carryll.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return this Answer:

That they have (fn. 1) delivered the Papers to the House of Commons, which were Yesterday reported from the Committee of both Kingdoms.

Report concerning Sir John Hele's Case, who was arrested by Sir John Holecroft, when attending the Houses about his Composition.

The Earl of Northumb. reported from the Committee of Privileges, "That they have considered of Sir John Hele's Case, who was arrested, being going to the Committee of Parliament for to compound for his Delinquency: And the Opinion of the Committee is, That Sir John Hele, being a Prisoner unto both Houses of Parliament, ought not to be arrested during his being a Prisoner; and that they are of Opinion, that the Person that arrested him is liable to Punishment, and his Person fit to be released from his Imprisonment; and that inferior Courts do give Protection of eundo, morando, & redeundo."

Upon this, Sir John Holcroft's Petition was read; shewing,

"That Sir John Hele stands bound to him in a Bond of One Thousand Pounds Principal Money, and there is Three Hundred and Fifty Pounds due for Consideration of the same; and a Judgement is acknowledged for the same: Therefore desired he might have Liberty to proceed against Sir John Hele, and have the Benefit of his Judgement, having Execution thereupon."

And upon Debate, it was Resolved, upon the Question,

Sir John Hele freed from the Arrest, and allowed Privilege whilst attending the Houses.

"That Sir John Hele Knight shall be brought before this House, by Writ of Habeas Corpus, and be released from his present Restraint, during his Privilege."

Ordered, That the Clerk of the Crown do issue out a Habeas Corpus, returnable immediate, to bring Sir John Hèle to this Bar.

Consideration of the Report concerning the Scots Affairs.

Ordered, That the Report of the Conference with the House of Commons, concerning the Scotch Business, shall be taken into Consideration To-morrow Morning, the First Business; and all the Lords to have Notice, to be present at the House.

The Earl of Warwicke reported from the Committee of the Navy, as follows:

"Die Veneris, 10 Octobris, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Mr. Trefusis to be Vice Admiral of the North of Cornwall.

"On the Motion of Mr. John Rolle, a Member of this Committee; Ordered, That John Trefusis Esquire be recommended to both Houses of Parliament, from this Committee, to execute the North Vice Admiralty of Cornwall, as Vice Admiral thereof."

Agreed to; and the Concurrence of the House of Commons desired herein.

Ordinance for Relief of poor Widows, &c.

The House (fn. 2) took into Consideration the Report [ (fn. 2) of the Conference] Yesterday with the House of Commons, concerning the Alteration in the Ordinance concerning the poor Widows; videlicet, leaving out the Word ["and"], and putting in the Word ["or"].

And this House adhered to the Alteration, as it was sent down to the House of Commons.

Taunton Almshouse Ordinance.

Next, the Ordinance concerning the Almshouse at Taunton was read the Second and Third Time, and Agreed to; and Ordered to be sent to the House of Commons, and their Concurrence desired.

Ordinance for a new Excise to pay Artificers.

The Earl of Northumb. reported, "That the Committee have considered of the Ordinance for putting Excise upon divers Commodities, for the paying of Artificers; and have heard the Parties concerning the Gold Wire: And the Opinion of the Committee is, That it pass as it came from the House of Commons."

Message to the H. C. with the Taunton Almshouse Ordinance;

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

To communicate to them the Ordinance concerning the Almshouse at Taunton, and desire their Concurrence therein.

about Col. Barrow;

2. To put them in Mind of Colonel Barrow to be Governor of Barckley Castle.

and Mr. Trefusis.

3. To desire Concurrence, that Mr. Trefusis may execute the North Vice Admiralty of Cornwall, as Vice Admiral thereof.

Message from the H. C. with Ordinances, &c.

A Message was brought from the House of Commons, by Mr. Laurance Whitaker; who brought up divers Ordinances, wherein they desire their Lordships Concurrence:

1. An Ordinance concerning Church Government. Read Once.

2. A Vote for making Mr. Anthony Blagrave to be High Sheriff for the County of Berckes.

(Here enter it.)

Sir J. Cook to be added to the Assembly;

3. A Vote, That Sir John Cooke shall be added to the Assembly of Divines, in the Place of Mr. Strode, deceased.

Agreed to.

with a Committees Name for Nottingham;

4. That Mr. Wm. Nixe shall be added to the Committees for the County of Nottingham, and for the County of the Town of Nottingham.

Agreed to.

for an Answer to be prepared to the King of Denmark's Letter;

4. Ordered, upon reading of the Letter from the King of Denmarke, touching his Interposition, That this Letter be referred to the Consideration of the Committee of both Kingdoms, to consider what Answers have been given, upon the like Desires, to the French King and The States of Holland; and thereby to frame an Answer to the King of Denmarke, and report it to the Houses, to be sent by Commissioners of both Houses.

Agreed to.

and for Sir J. Henderson, who brought it, to be desired to leave the Kingdom.

6. Resolved, &c. That Sir John Henderson, being a Person that hath been in Arms against the Parliament, be required to return in Fourteen Days; and that he have a Pass to that Purpose, the Parliament being resolved to send Answer to the King of Denmarke's Letters by Commissioners of their own.

Agreed to.

7. An Order to pay Twenty-five Pounds a Week towards the Maintenance of a Troop of Horse at Warwicke Castle, out of the Excise of Warwickshire.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That to the Ordinance concerning Church Government, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest, this House agrees.

Dep. Lieut. for Norf.

Ordered, That Sir John Sidley be a Deputy Lieutenant for the County of Norff. and the Concurrence of the House of Commons desired herein.

Dawes and Jennings.

Ordered, That the Cause between Sir Thomas Dawes and Mr. Jennings shall be heard the 13th of November next, upon the Prayers of the Two last Petitions.

Order for Mr. Blagrave to be Sheriff of Berks.

"Resolved, by the Lords and Commons in Parliament assembled, That they do nominate and approve of Anthony Blagrave Esquire, to be High Sheriff of the County of Berks; and that the Commissioners for the Great Seal do give him a Commission accordingly."

Order for 25l. per Week, for a Troop of Horse at Warwick Castle.

"Ordered, by the Lords and Commons in Parliament assembled, That the Commissioners for the Excise, or their Sub-commissioners, do Weekly pay, out of the Monies arising and coming for Excise in the City of Coventry and County of Warwicke, the Sum of Five and Twenty Pounds per Week, unto Colonel Bridges, Governor of Warwick, towards the Pay and Maintenance of a Troop of Horse at Warwick Castle; and that the Receipt of the said Colonel Bridges, or of his Assigns, shall be a sufficient Discharge to the said Commissioners of Excise, and their Sub-commissioners, for the Payment of the said Five and Twenty Pounds per Week accordingly."

Adjourn.

House adjourned till 9^a cras.