House of Lords Journal Volume 8: 17 February 1646

DIE Martis, 17 die Februarii.

PRAYERS, by Mr. Scudder.

Comes Manchester, Speaker.

Answer from the H. C.

Mr. Baron Trevor and Mr. Justice Pheasant return with this Answer from the House [ (fn. 1) of Commons]:

Touching the Three Houses to be provided for the Lord Mayor and the Sheriffs, (fn. 2) they will return an Answer by Messengers of their own.

Sir P. Nash and Sir C. Crew, Passes.

Ordered, That a Pass be granted to Phillip Nash, to go into France; and a Pass for Sir Clipsby Crewe, and his Son and his Servants, to come into England.

Cambridge University Petition, for Abp. Bancroft's Books.

Upon reading the [ (fn. 1) Petition of the] University of Cambridge, concerning the Library at Lambeth: It is Ordered, To be referred to these Lords following, to consider of the said Petition; and to go to Lambeth, and peruse the Library there, and report the same to this House:

Mr. Justice Bacon, to assist.

Any Three, to go [ (fn. 3) To-morrow] in the Afternoon to Lambeth.

E. of Newport bailed.

"The Condition of the abovesaid Recognizances is, That Montjoy Earl of Newport shall be a true Prisoner, and not to go out of the Precincts of the Liberties of the Parishes of Martin's in the Fields and The Covent Garden."

Bacon, a Pass beyond Sea.

Ordered, That Mr. Nicholas Bacon shall have a Pass, to go beyond the Seas; and the Concurrence of the House of Commons to be desired herein.

L. Conway and M. Holles, Leave to raise 3000 Men for Venice, to serve against the Turks.

A Petition of the Lord Viscount Conway and Colonel Gervas Holles was read; shewing, "That whereas the Venetians are desirous to levy Men in this Kingdom, for the Service of that Republic, against the Turke; and to that End have offered Conditions to the Petitioners, for to raise Three Thousand Men for them: Their humble Desire is, that they might have Leave for to carry so many Men, and to prescribe a Way, as (fn. 4) the Wisdom of both Houses shall think fit."

Ordered, That this House gives Way to the Desire of the Petitioners; provided there be good Security given, that the Soldiers to be raised shall be landed in the Territories of Venice:

Widow Wilson's Petition for Arrears.

Upon reading the Petition of Joane Wilson, Widow of Lieutenant James Wilson, yet uninterred; desiring, that some Part of her Husband's Arrears may be paid her."

It is Ordered, To be recommended to the House of Commons.

Major Willet freed from an Arrest.

Upon reading the Petition of Edward Willet Major, a Prisoner in The Fleete; shewing, "That he being now in the Service of the Parliament, coming to London, is arrested for Thirty-eight Pounds."

It is Ordered, That he shall have the Privilege of Parliament; and that a Habeas Corpus be granted out forthwith, to bring him before this Bar.

Merchant Strangers to have the same Liberty here, that our Merchants have in Holland.

A Paper from The States Ambassador was read, concerning the Liberty of Merchant Strangers to be free from Taxes. (Here enter it.)

It is Ordered, That they shall have the same Liberty that our Merchants have in Holland, according to the Certificate now read; and concerning the rest of the Particulars, this House thinks it fit to refer it to Consideration of the Committee for Foreign Affairs, who are to meet on Friday next, in the Afternoon, at Three, in the Prince's Lodgings; and The States Ambassador desired to be then present: And the Concurrence of the House of Commons to be desired herein.

Montreul, French Agent, a Pass to the King.

Ordered, That Monsieur Montreul shall have a Pass, to go to the King, to deliver such Letters to His Majesty as he hath from the French King and the Queen Regent of France; and afterwards to go into Scotland; but not to return to London again.

Pass for the E. of Northampton & al. to go beyond Sea.

The Lord Viscount Say & Seale reported a Paper from the Committee of both Kingdoms; which was read, as follows:

"Die Lunæ, 16 Feb. 1645.

"At the Committee of both Kingdoms, at Derby House.

"Ordered, That it be reported to the Houses, That the Earl of Northampton, for him himself and Twenty Gentlemen and Officers, may have a Pass, to go beyond Seas.

to compound for his Delinquency.

"That it be also reported to the Houses, That the Earl of North'ton may have Leave to send up a Gentleman to compound for him; and that there will be Security given, that while he is here, he shall do nothing that is prejudicial to the Parliament."

Ordered, That this House gives Way to (fn. 5) the Desires mentioned in this Paper; provided that none of the Persons that are to go over the Seas with him are excepted in the Propositions.

Propositions for a Peace.

Next, the House took into Consideration the Alterations in the Propositions, as they were last brought up from the House of Commons; and this House agreed with them, for leaving out the Saving in the Propositions concerning the Cinque Ports, &c.

And this House adheres to their former Resolution in adding these Words ["in Pursuance of that which is already agreed upon by both Houses of Parliament"], in the 5th Proposition.

Committee to prepare Heads for a Conference about them.

Ordered, To have a Conference with the House of Commons, to give Reasons for their Lordships adhering; and the Lord Roberts and the Lord North are to draw up the Reasons.

Letter from Bruges.

A Letter was read, from the Burgesses and Council of the States of Bridges; and Ordered to be referred to the Consideration of these Lords following:

Any Five, to meet on Friday next, in the Afternoon; and those Agents as look after the Business to be present then.

Message to the H. C. with Sir G. Vane's Ordinance; and about the following Particulars:

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

1. To deliver the Ordinance for making Sir George Vane Sheriff of the County Palatine of Durham, with the Alterations, wherein their Concurrence is to be desired.

L Herbert's Letter;

2. To deliver to them several Letters of the Lord Herbert, Eldest Son of the Earl of Worcester, which were taken coming out of Ireland.

Capt. Fiennes's and Capt. Blaney's Petition;

3. To recommend to them the Petition of Captain Edward Finnis.

4. To recommend to them the Petition of Captain Edward Blaney.

Fathers' Ordinance;

5. To desire their Concurrence in the Ordinance concerning Fathers.

Ordinance for Martial Law.

6. To put them in Mind to expedite the Ordinance for Martial Law for Sea.

Dimages for The Becasse;

7. To communicate to them the Report concerning The Becasse; and desire that some Course may be taken for the paying of Four Hundred Pounds out of the Revenue of the Navy.

Bacon's Petition;

8. To deliver to them the Petition of Mr. Bacon; and desire their Concurrence, that he, his Wife and his Children, may have a Pass, to go into Italy.

and Wilson's.

9. To recommend the Petition of Joane Wilson to them, and desire that some of her Husband's Arrears may be paid her, to bury her Husband.

Kidley to be instituted to Shenfield.

Ordered, That Doctor Aylett shall institute and induct John Kidley Clerk, to the Rectory of Shenfield; with a Salvo Jure to Right of any Person.

Berkhead's Ordinance.

The Ordinance concerning Serjeant Berkhead was read the Second Time, and referred to the Consideration of this Committee following:

Any Three, to meet when they please.

Message to the H. C. for a Conference on the Propositions;

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and

To desire a Conference, on Friday Morning, at Ten of the Clock, concerning the Propositions.

about Lord Savill;

2. To put them in Mind of the Lord Savill's Business.

Capt. Phipps's Troop;

3. To desire Concurrence, that Captain Phipps's Troop may be reduced into Major Shilborne's.

and the Scots Officers.

4. To put them in Mind of the Remonstrance and a former Petition of the Scotts Officers.

Physicians Certificate concerning Sir Rob. Carr.

"A Certificate of the Physicians here underwritten, concerning Sir Rob'te Carr Baronet, was this Day read, as followeth:

"According to an Order of the Third of this Instant, from the Right Honourable the Lords in Parliament assembled, we whose Names are underwritten, having visited Sir Ro. Carr Baronet, do humbly certify, That, in our Judgements, although we find him deeply distempered with Melancholy, yet we conceive he may be brought to appear before their Lordships at the Hearing of the Cause in that Order mentioned.

"The. Mayerne.

Will. Rant.

"Jo. Clerke.

Geo. Ent.

"Law. Wright.

Geo. Pate."

"Fra. Prujean.

University of Cambridge Petition, for some Books at Lambeth, left to the University by Abp. Bancroft.

"To the Lords and Commons assembed in Parliament.

"The humble Petition of the University of Cambridge;

"Sheweth,

"That whereas Archbishop Bancroft did, by his Will, bearing Date the 28th Day of October, in the Year 1610, bequeath a large Study of Books to the Archbishops of Canterbury successively, upon Assurance to be given for the Security and Continuance of the said Legacy to Succession; otherwise to the College at Chelsy, if it should be erected within Six Years then next ensuing, otherwise to the Public Library of the University of Cambridge; And whereas it doth not appear to us that any such Assurance is given, and it doth appear that the said College at Chelsy is not yet, after so many Years, erected;

"May it therefore please this High and Honourable Court, out of their tender Care for the Advancement of Learning and Piety, to take so far into their Consideration the Cause of this University in this Behalf, that the said Legacy may be accordingly disposed to the Honour and Ornament of the said University, the facilitating the Means of Study by the Addition of so great a Supply, and the settling of their Petitioners in that Right and Possession, which, as they humbly conceive, falls upon them by the Observation of the Testator's Intendment.

"And their Petitioners, &c.

"In Testamento five ultima Voluntate Reverendissimi in Christo Patris Domini Ric'i Bancroft, nuper Cantuariens's Archiepiscopi, gerente Datum 28 Die Mensis Octobris, Anno Domini 1610, & probatum apud London coram Venerabili Viro Domino Johanne Bennett Milite, Legum Dectore, Curiæ Prærogativæ Cantuar. nostro five Custode five Commissario legitimè constituto, duodecimo Die Mensis Novembris, Anno prædicto, Juramento Ric'i Bancroft, Executoris in eodem Testamento nominati, penes Registrum Curiæ Prerogativæ Cant. prædictæ remanen. & inde extract. inter alia in eodem, continetur prout sequitur; (videlicet,)

Clause in the Archbishop's Will about them.

"Item, I give all the Books in my Study over the Cloysters unto my Successors and to the Archbishops of Canterbury successively for ever, if he, my next Successor, will yield to such Assurances as shall be devised by such Learned Counsel as my Supervisor and Executor shall make Choice of, for the Continuance of all the said Books unto the said Archbishops successively, according to my true Meaning; otherwise I bequeath them all unto His Majesty's College to be erected at Chelsy, if it be erected within these Six Years; or otherwise I give and bequeath them all to the Public Library of the University of Cambridge: Touching this my Bequest and Legacy, there may be some Defect in the same, which I desire may be so supplied, as that all my said Books may remain to my Successors, for that it is my chiefest Desire. And if it might please His most Excellent Majesty and His most Royal Successors, when They receive the Homage of any Archbishop of Cant. first to procure him to enter Bonds to leave all the said Books to his Successor, my Desire herein will (fn. 6) be greatly strengthened.

Paper from The States Ambassador, in Behalf of the Merchants Strangers of The Intercourse.

"To the Honourable Parliament of England assembled at Westm.

"Most Noble and Honourable Lords, Knights, and Gentlemen,

"The Merchants Strangers of The Entercourse residing at London did present a Petition unto me, whereby they shewed, that an Act of Parliament being passed, 16 Caroli, for the Imposition of One per Centum (lately reduced to ¼ per Centum) upon all the Goods and Merchandizes that come in or go out of this Kingdom, for the Redemption of the English Slaves taken by Pirates, Turkes, Moores, and others; they were constrained, at the Beginning, to give an Obligation for that Tax, and now to pay that Sum of ¼ per Centum in ready Money; and furthermore ¼ per Centum more than the English, before they were suffered to load and unload their Merchandizes: They have also given me to understand, that, by Two divers or several Ordinances of Parliament, passed in the Year 1643 and 1644, Two Taxes, each of them of ¼ per Cent. were set upon all Merchandizes that come in or go forth of this Kingdom, for the Entertainment of the Garrisons, and for the Defence of the Towns and Ports, of Plymouth, the Isles of St. Nicholas, &c.; and that the Collectors of those Taxes, thinking those Merchants to be bound so to do, as well as the English, before they permit them to load and unload their Merchandizes, which did constrain them, about September of the Year 1644, to present a Petition, for their just Exemption, to the Two Houses of Parliament, which did send them to the Committees of Habberdashers Hall and Gouldsmithes Hall; from whence they were sent to the Society of the Merchants Adventurers, that the Contents of their Petition might be considered, and afterwards reported; which Thing not being yet obtained, to their great Prejudice and Damage, although they have solicited and followed it close, they come unto me, that, by my Intercession towards your Lordships, they may obtain an Exemption of those Taxes for the future, and a full Restitution as well of the Obligations as of the Sums that they have been constrained to pay.

"Whereupon, my Lords, according to my Instructions, and in Continuance of my Duty towards the General States of The United Provinces of the Low Countryes my Superiors, and to prevent with all my Power all that might shake the Love and Correspondence which hath anciently been reciprocally observed between the Two Nations, I think myself bound to represent unto your Lordships, that, from the Time of Edward the First, there hath been some Treaties of Intercourse and Traffic between the Kings of England and the Princes of The Lowe Countryes, which have been confirmed by the Kings Edw. III. and Hen. VI. and since renewed, in the Year 1605, by a solemn Treaty between the King of England Henry VIIth, and Phillip the Archduke, which Treaty hath been held for the principal Ground of the Intercourse and Traffic, as well in the Reigns of King Henry VIII. and his Children King Edward VIth and the Queens Mary and Elizabeth, as in those of King James of Glorious Memory, and of King Charles now reigning, which have in divers Occasions always testified and declared, that they would maintain and continue the Intercourse; as you may see by several Acts of Their Majesties, and namely of the King now reigning, bearing this Clause; videlicet, "That if so be the Merchants Adventurers residing in The Low Countryes be not constrained to pay to the said Low Countryes any Subsidies, Taxes, Tolls, or other extraordinary Charges, and Freedom from paying any Impositions that are raised by Order of the States in The United Provinces, of what Nature, Quality, or Condition whatsoever, as the said Merchants have likewise declared by a Certificate, whereof the Copy is here annexed (fn. 7) :" As also the Merchants of The Entercourse have heretofore always been exempted from many Taxes and Imposts, according to the Contents of their Privilege; so namely during this present Parliament they have been exempted of the Payment of the Subsidies, and have obtained divers Orders of both Houses, whereby the Collectors have been required, not to levy any Tax upon them by virtue of the Ordinances concerning Poll-money, the Twentieth Part, Weekly Assessments, and the Bill of Four Hundred Thousand Pounds, and others.

"In Consideration of all above mentioned, and all that your Lordships according to their accustomed Prudences can add thereunto, I pray you to grant and yield unto the said Merchants of The Entercourse an Exemption of the abovesaid Taxes for the future; and to give Order for the Restitution of all the Obligations and Sums that they have already been constrained to give, as they have always been exempted of all precedent Taxes; and not to suffer that Mark of the ancient Correspondence between the Two Nations to be blotted out: Whereupon waiting for speedy Orders convenient to your Lordships, I shall remain

From London, the 12/22; of January, 1645/46;.

"The most affectionate to do Service to your Lordships."

Certificate of the Exemption of English Merchants in Rotterdam.

(fn. 8) "Die Lunæ, 13 Januarii, 1644.

"Whereas it is the Desire of the Committee of the Militia, to receive a Certificate from the Merchants Adventurers, that the English Merchants at Rotterdam in Holland are freed from Watch and Ward, finding of Arms, or serving as Soldiers, in their own Persons or by their Servants, and that they are not liable to any Charge for the Maintenance of Garrisons or Soldiers, as appeareth by their Acts, dated the 10th present: These are to certify, That the English Merchants residing as aforesaid are freed and exempted from all the abovesaid Services and Contributions. In Witness whereof, we have hereunto set our Hands, the Day and Year above written.

"Jo. Kendrick, Governor.

"Sam. Avery, Deputy."

Letter from the Council, &c. of Bruges, about establishing a Free Trade; and desiring Robinson their Agent may be released, who came to treat about it.

"High and Mighty Lords, &c.

"James Robinson, Englishman, Native of the City of Yorke, Inhabitant and dwelling in the City of Bridges, hath remonstrated unto us, how to restore again the Intercourse of Free Trade in this City with the Crown of England, in Conformity to the Treaties and Accords which in former Times have been made and maintained betwixt the English and Flemings, to the exceeding great Good and Profit of both Nations, and especially by holding a free Staple of Tin, Lead, and Cloaths, in this City; to which Effect, we have accorded unto the said Robinson a convenient Place, to serve for Magazines: And further, we have upon this Subject writ our Letters unto His Majesty, in November, 1644, hoping that the Civil War betwixt His Majesty and your Excellencies, Lordships, &c. was then appeased with a good Accord. The said Robinson doth advise us, that, in his Return, he was taken Prisoner, and yet is detained in the City of London. We therefore pray, that he may be released, with his Letters and Papers concerning the said Negociation; and that you would appoint certain Committees with him on our Part, to take regard to the re-establishing of the said Intercourse of Free Trade with your Excellencies, Lordships, &c. in the Name of the Crown of England, whereunto the present Occasions do serve very favourable, since that your Excellencies, Lordships, &c. have in your Power the Sea-ports corresponding upon the Havens of the Province of Flaund'rs, and that the Convoys which your Excellencies, Lordships, &c. have embraced and continued, to our great Content and Commodity, do serve to the same Effect; whereupon hoping that your Excellencies, Lordships, &c. will grant us this Favour and Grace to the said Robinson, with a Progress to the said Intercourse, we pray the good God to conserve the same, and to give a speedy End to this Civil War, and to settle the Kingdom in Peace and Happiness; resting of your Excellencies, Lordships, &c.

"The most humble Servants,

"Burgomasters, Sheriffs, and Council of the Town and City of Bridges in Flaund'rs.

Bridges, 5 Jan. 1646, Stilo novo.

"David Gwin.

"To the High and Mighty Lords of the Parliament of England, assembled at London.

"Vera Copia."

Roberts to be instituted to Wandsworth.

Ordered, by the Lords in Parliament, That Sir Nathaniell Brent Knight, Vicar General for the Province of Canterbury, or such other as he shall appoint, are hereby authorized and directed, upon Sight of this Order, to institute and induct Hugh Roberts Master of Arts, to the Vicarage of the Parish Church of Wandsworth, in the County of Surrey; the said Mr. Roberts producing his Presentation thereunto from Mr. Edward Isham, Patron: And this to be a sufficient Authority in that Behalf.