House of Lords Journal Volume 8: 3 March 1646

DIE Martis, 3 die Martu

PRAYERS, by Mr Salawey

Comes Manchester, Speaker

Carvasalls Cause referred to Common Law

Upon reading the Petition of Anthony Carvasall, Subject to the King of Spaine (Here enter it) It is Ordered, That the Business be referred to the Common Law, and the Proofs to be produced there, according to the Course of Law

Message from the H C with Ordinances, &c

A Message was brought from the House of Commons, by Sir Anthony Erby Knight, &c

To desire their Lordships Concurrence in these Particulars

1 An Ordinance for making Mr Gherrard to be Clerk of the Affizes for Norff Circuit

Ordinance for Gen Langhern to have Mr Barlows Estate

2 An Ordinance for Major General Langherne to have Mr Borloe's Estate in Pembrookeshire

Read Twice, and committed to these Lords following

Any Two, to meet To-morrow Morning, at Nine a Clock, and report it then to the House

3 An Order for License to the Sheriff of Gloucestershere to reside out of his County (Here enter it)

Read, and Agreed to

Ordinance for Mr Gherrard to be Clerk of Assize for Norff

The Ordinance for making Gilbert Gherrard Esquire Clerk of the Assize for (fn. 2) Norff was read, and committed to these Lords following

Any Three, to meet To morrow Morning, at Nine of the Clock

The Answer returned was

Answer to the H C

That this House agrees to the Order for to give Licence to the Sheriff of Gloucestershire to live out of the County To the rest, this House will take the same into Consideration, and send an Answer by Messengers of their own

L Balmerino and Sir R Heath.

Ordered, That the Lord Balmerino's Counsel shall be heard To morrow Morning

Ludlam to be instituted to Barvack

Ordered, That Sir Nath Brent shall give Institution and Induction to John Ludlam, to the Rectory of Barvacke, in the County of North'ton, he being presented to the same by the Right Honourable the Earl of Exon

Ordinance for trying Murray.

The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for the Trying of Wm Murry Esquire by Martial Law

The House was resumed

Conference to be had about it

And it was Resolved, To have a Conference To morrow Morning, to let them know, That, before this House proceed to the Consideration of that Ordinance, their Lordships desire to know upon what Grounds they were moved to pass that Ordinance, and to make it appear that he is a Spy, there nothing appearing to this House of that Business expressed in the Preamble of the said Ordinance

Next, some Papers were read, reported from the Committee of both Kingdoms

"At the Committee of both Kingdoms, at Derby House

Paper from the Scots Commissioners

"Ordered, That the Paper of the Commissioners of Scotland, of this Instant 28th February, be reported to both Houses

Letter to the Emperor of Russia

"That the Draught of a Letter to be sent from both Houses of Parliament to the Emperor of Russia be reported to both Houses"

The Scotch Paper was read (Here enter it)

Next, the Draught of the Letter to the Emperor was read, and Agreed to, and the Concurrence of the House of Commons to be desired herein, and if they agree to it, then that both Speakers do sign it

Paper from the Scots Commissioners, desiring to know if the Propositions which were communicated to them are all that are to be sent

Another Paper of the Propositions was read, as follows

"Upon Saturday at Night, we receved from your Lordships some Propositions agreed on by both Houses, wherein you desire our Concurrence, to the Ende they may be speeded to His Majesty We desire to know whether these Propositions be all that the Houses desire to be sent to His Majesty, and if there be any further Additions to, or Alterations of, the Propositions formerly agreed upon, we desire to see them, that the whole may be taken into Consideration together

a Martu, 1645

"By Comand of the Commissioners for the Parliament of Scotland

"Jo Cheislie"

Ordered, To be sent to the House of Commons

Capt Weldon a Petition

Upon reading the Petition of Captain Weldon It is Ordered, To be sent to the House of Commons

Ordinance for Martial Law at Henley

An Ordinance was presented to the House, for granting Martial Law to the Governor of Henly, and it was Agreed to

Message to the H C with it, and the Scots Paper, for a Conference about trying Mr Murray

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

1 To desire a Conference To morrow Morning, at Ten a Clock, in the Painted Chamber, concerning the Ordinance for Martial Law, for Trial of Mr Wm Murrey

2 To communicate to them the Scotch Paper of the 2d of March

3 To desire Concurrence in the Ordinance concerning Martial Law to the Governor of Henley

to remind them of The Becasse, and the Lords to be added to the Revenue Committee, and with the Scots Officers and Major Willets Petition

4 To put them in Mind of the Business of The Becase

5 To put them in Mind of the Addition of the Five Lords to the Committee for the Revenue

6 To deliver to them the Petition of the Scotts Officers.

7 To deliver to them the Petition of Major Willet

Ingle and Ford versus Cornwallis

Ordered, That Captain Ingle's Business shall be heard on Tuesday Morning next, at which Time Mary Foord's Petition and the Articles annexed shall be heard, at which Time all Parties shall be heard.

Message from the H C to expedite the Ordinance for Abingdon

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c

To let their Lordships know, that they had News of the Taking of Abingdon, but, by the Valour of the Soldiers and the Towrsmen, the Enemy is beaten out again, and, for their Encouragement, they desire this House to give Expedition to the Ordinance for paying Two Thousand Pounds, for the Governor of Abingdon

(Here enter it)

Read, and Agreed to

The Answer returned was

Answer

That this House is glad to hear the good News of the Re taking of Abingdon, for which they bless God, and this House passed the said Ordinance

Fettiplace Sheriff of Gloucester Leave to reside out of his County

"Be it Ordained, and it is Ordained, by the Lords and Commons assembled in Parliament, That John Phettiplace Esquire, appointed High Sheriff of the County of Gloucester, shall have, and hereby hath, full and free Leave and Licence to dwell and reside in the City and County of the City of Gloucester, any Clause in the Sheriff's Oath to be taken by him to the contrary notwithstanding"

Order for 2000 l for the Garrison of Abingdon

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That the Two Thousand Pounds, Remainder of Three Thousand Pounds charged upon the Receipts of the Excise, with Interest, after the Rate of Eight Pounds per Centum, at the End of every Six Months until the same shall grow due, by Order of the 7th of November last, for the Use and Service of the Garrison of Abingdon, shall be paid in Course, out of the Receipts of the Excise, to come in upon the Ordinance of the Eleventh of September, 1643, unto John Billingsley Treasurer for the said Garrison, his Assignee or Assigns, any of whose Receipt or Receipts shall be to the Commissioners of Excise a sufficient Warrant and Discharge for the Payment of the said Two Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly"

Scots Commissioners will give an Answer to both Houses

"Wee have received some Instructions from the Parliament of Scotland, and within a very few Dayes are to receive their further Directions by the Lord Chancellor, who is now with the Army before Neworke, and is to bee here the next Weeke And with all possible Speede wee shall deliver in an Answere to the Desires of both Houses of the 26th of this Instant

28 Febr 1646

"By Commaund of the Commissioners for the Parliament of Scotland

"Jo Cheisly"

Carvasalls Petition against Le Zoun for counterfeiting a Title to Cochineal and Silver brought Home in The St Clare

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

"The humble Petition of Anthony Fernandes Carvasall, Subject to the King of Spaine,

"Sheweth,

"That of the Cochineal and Silver that came in the Ship Clare, to Southampton, which was seized by an Order of both Houses of Parliament, of the 27th of August, 1642, there was Eleven Chests of the said Cochineal, and Six Thousand Nine Hundred Pieces of Eight, which Marquis Rombide brought for Accompt of Salvadour and Joseph of Codiz, and, by Order of An'to Dias of Roan their Correspondent, the said Cochineal was delivered to the Petitioner, and One Thousand Eight Hundred and Twenty nine Pounds advanced thereupon to the Parliament, and Returns made to the said Men of Cadiz in Linens, as they desired, in full Confidence that the Proceed of the said Six Thousand Nine Hundred Pieces of Eight, and the said One Thousand Eight Hundred and Twenty nine Pounds, would be re paid to the Petitioner in due Time, to satisfy his Disbursements, but, about Fifty Months after the said Returns were made, one Mortin De La Zoun, a Frenchman, came to claim the said Cochineal and Silver, by Petition to the Honourable Committee of the Navy, and, with the sinister Relations and counterfeit Titles and Instruments, hath obtained an Order to have the Public Faith for the Value of the said Cochineal and Royals, in so much as the Petitioner is enforced to implore your Honours Aid in this Cause, that the said Order may not take Effect until his Titles and Instruments by which he claimeth be duly examined, and the Injury to the Petitioner appearing to your Lordships, that the said Le Zoun hath no just Right nor Title to the said Goods

"The Petitioner, for that Purpose, humbly prayeth your Honours to cause the said La Zoun to exhibit his said Titles and Instruments, that they may be compared with the Proofs judicially made in Cadiz, and that the Petitioner's Right may be preserved, according to the said Order of the 27th of August, One Thousand Six Hundred Fortytwo, and his Damage repaired, and that the said La Zoun may be punished according to his Merit, and that the Parties may be referred to have their Tryal at Law, as by the Order of Parliament of the Two and Twentieth of December annexed is declared

"And your Petitioner shall pray, &c

"Ant Fernando Carvasall"

Adjourn.

House adjourned till 10^a cras