House of Lords Journal Volume 8: 17 June 1646

DIE Mercurii, 17 die Junii.

PRAYERS, by Mr. Bond.

Comes Manchester, Speaker.

Letter intercepted from the King.

The Earl of Warwicke reported a Letter which was sent to the Committee for the Admiralty from Sir George Askew, the Master of The Expedition, wherein was a Pass from the King, dated at Newcastle, the 2d of June, 1646, being a Pass to Oliver Mansell, to pass to the Isle of Gernsey; (Here enter it.) and with an inclosed Letter from the King to the Prince at Jersey; which Letter, being opened, was read, it being all written with the King's own Hand:

Letter from the King to the Prince, desiring he will obey the Queen.

"For My Son the Prince.

"Newcastle, 2 June, 1646.

"CHARLES,

"This is rather to tell you where I am, and that I am well, than at this Time to direct you any Thing, having written fully to your Mother what I would have you do, whom I command you to obey in every Thing (except in Religion, concerning which, I am confident, She will not trouble you); and see that you go no whither without Her, or My particular Directions. Let me hear often from you. So God bless you.

"Your loving Father,

"Charles R.

If Jack Ashburnham come where you are, command him to wait upon you as he was wont, until I shall send for him, if your Mother and you be together; if not, he must wait on Her."

French Ambassador's Reception.

The Lord North reported a Paper, containing how the French Ambassador is to be received here; which being read, was approved of, and Ordered to be communicated to the House of Commons. (Here enter it.)

Ordinance concerning Banbury.

An Ordinance concerning the Government of the Town of Banbury by the now Mayor, was read, and Agreed to; and Ordered to be communicated to the House of Commons.

Lancaster Assizes Ordinance.

The Ordinance concerning the Assizes in Lancashire, was read Twice, and Agreed to. (Here enter it.)

Bristol Ordinance.

The Ordinance concerning the Garrison of Bristoll, was read the Third Time, and Agreed to.

(Here enter it.)

Vote from the H. C. for some of Col. Massey's Forces to be sent to Ireland.

Next, this Vote was read, which came Yesterday from the House of Commons; videlicet,

"That so many of the Forces of Colonel Edward Massie's Horse and Foot as shall be thought fit by the Committee for the Affairs of Ireland to be entertained, shall be employed for the present and immediate Service of Ireland; and that the rest of them be disbanded."

And the Question being put, "Whether this House agrees with the House of Commons in this Vote?"

Rejected.

And it was Resolved in the Negative.

Then this Vote was read; videlicet,

Additional Forces to be sent to Ireland.

"Resolved, That Five Thousand Foot, and Fifteen Hundred Horse, over and above the Forces formerly ordered and appointed for the carrying on of the War in Ireland, be forthwith raised and provided, whereof Fifteen Hundred Foot and Five Hundred Horse to be sent and employed for the Service of the Province of Connaght; and the Residue of the said Five Thousand Foot and Fifteen Hundred Horse to be sent and employed for the Service of the Province of Ulster."

And it being put to the Question, "Whether to agree with the House of Commons in this Vote?"

It was Resolved in the Affirmative.

It being moved, "Whether the rest of the Votes should be taken into Consideration?"

And the Question was put, "Whether a Committee should be appointed, to consider of these Votes, and to design the particular Forces to make up the Number which this House this Day voted in general, and to bring it in Tomorrow Morning into this House?"

Any Three, to meet this Afternoon, at Three of the Clock.

Message to the H.C. about the following Particulars:

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

1. To communicate to them the Report concerning the Reception of the French Ambassador.

2. To put them in Mind of the Propositions.

3. To put them in Mind of the King's Letter delivered at the Conference.

4. To communicate to them the Letters reported this Day from the Committee of the Admiralty and the King's Letter; and to desire that the King's Letter, with the Pass under the Earl of Lannerick's Hand, may be communicated to the Scotts Commissioners.

5. To desire their Concurrence in the Order concerning Banbury.

Cartwright, Vivers, & al. versus Rawleigh.

Ordered, That the Cause between Rawleigh and Vivers and others shall be heard on Friday next.

Ordinance to continue the One for maintaining the Garrison of Bristol.

"Ordered, by the Lords and Commons assembled in Parliament, That the Ordinance by which Serjeant Major General Phillipp Skippon is nominated and approved Governor of the City of Bristoll, and of the Garrison, Castle, and Forts there, and an Assessment appointed for Maintenance of the Forces of the said Garrison, and defraying incident and necessary Charges, and all and every Clause, Sentence, and Article in the same, shall be in Force, and have Continuance, for and during the Space of Three Months from the Time of the Expiration of the said former Ordinance, and no longer; and that Hugh Browne, John Haggott, George Hart, Josias Clotterbrook, Citizens of Bristoll, be added to the Committees of the City of Bristoll."

Ordinance concerning the Assizes at Lancaster.

"Whereas the Sessions of Assizes, and for the Pleas of the Crown, Common Pleas, and all other Pleas, for the County Palatine of Lancaster, holden at the Castle of Lancaster, before His Majesty's Justices there for the said County, was begun the First Day of September, Anno Domini 1642, and continued de Die in Diem (fn. 1) till the Ninth Day of the same Month, on which said 9th Day the said Sessions, together with all Pleas, Precepts, Writs, Process, Recognizances, and all other Things concerning the same Sessions, by His Majesty's then Justices were adjourned, and appointed to be holden and kept at the said Castle of Lancaster, upon Monday in the 5th Week in Lent then next following; which said Sessions, appointed upon the said Monday in the said Fifth Week of Lent, by reason of the Not-coming of His Majesty's Justices there, and of the Enemies of this present Parliament then lying before and besieging the said Castle, could not then be holden, nor any Adjournment then made; so that the Matters, Pleadings, and Proceedings in the same Sessions, as well for and concerning the King's Majesty, or other Suits betwixt Party and Party, were obstructed, discontinued, and put without Day, to the great Prejudice as well of His Majesty as the Subjects of the said County of Lancaster, and retarding of the public Means of Justice by the known Laws of the Land: For Remedy whereof, and forasmuch as the said County now standeth clear and free (by the Providence of Almighty God) from such powerful and profest Adversaries, and to the End that the Subjects of the said County of Lancaster may have and enjoy their wonted Privileges, and proceed according to the Laws of this Kingdom, and according to the ancient Privileges and Customs used within the aforesaid County Palatine of Lancaster; we, the Lords and Commons in Parliament assembled, upon mature Deliberation of the Premises, do therefore hereby Ordain, Order, and Appoint, That the said Sessions for the said County Palatine of Lancaster shall be holden and kept at the said Castle of Lancaster upon Monday the Third Day of August next ensuing; and that all Actions as well Real as Personal, and all other Actions mixt or otherwise, Pleas, Precepts, Writs, Process, Demurrers, Recognizances, Fines, Recoveries, and all other Proceedings, Matters, and Things, of what Nature or Quality soever, so obstructed, discontinued, and put without Day, shall be and stand revived, re-continued, and of full Force and Effect in the Law, to all Intents, Constructions, and Purposes; and that all such Process, Pleas, Demurrers, and Proceedings, in every such Action and Actions, Suits, Bills, or Plaints, which were depending at the Time of the Adjournment of the said Sessions upon the said Ninth Day of September as aforesaid, shall stand good and effectual, and be proceeded in, and sued forth, in such Manner and Form, and be in the same Plight, Estate, Condition, and Order, as if the same Discontinuance, Obstruction, or Hinderance, had never happened; any Discontinuance, Miscontinuance, putting without Day, and prosecuting of the same, to the contrary notwithstanding.

"And we the said Lords and Commons do further hereby Ordain, Order, and Appoint, That Edward Atkins One of the Barons of the Exchequer, and John Greene Serjeant at Law, shall be Justices of the said Sessions; and that the said Justices so assigned, after such Time as they shall have the Records of the same Pleas and Process before them, shall have full Power and Authority to continue the said Pleas and Processes, and all Things that depend upon them; to hear and finally to determine, according as the other Justice or Justices of the said Sessions before the said last Adjournment of the aforesaid Sessions at Lancaster might have done in case there had not been any Obstruction, Discontinuance, or Not-coming of the said Justices as aforesaid; and that they, the aforesaid assigned Justices, shall likewise hear and determine all and all Manner of Treasons, Petit Treasons, Murthers, Man-slaughters, Felonies, Burglaries, Rapes, Trespasses, Riots, Routs, unlawful Assemblies, and all other Offences and Injuries whatsoever, done or committed by any Person or Persons whatsoever, against the Statutes and Laws of this Kingdom in such Cases made and provided, or against the Common Laws, Privileges, and Customs of the said County, and prosecuted by any Person or Persons whatsoever, for or in the Name of the King's Majesty, or for or on the Behalf of themselves, or any of them, and also to make, or cause to be made, a Gaol Delivery there, according to the Law and Custom of this Realm of England; and that the said Justices shall act, do, and perform, all other Matters and Things, in such Manner and Form as any other Justice or Justices of Assize at Lancaster, and for the Pleas of the Crown, Common Pleas, and other Pleas, acted, done, and performed, at any Time heretofore; and the Chancellor of the County Palatine of Lancaster, or Vice Chancellor there, are hereby likewise authorized, ordered, and appointed, to issue forth to the said assigned Justices of Assize and Gaol Delivery as aforesaid, for the Execution of the Premises, such Commission or (fn. 2) Commissions as in such Cases have been heretofore in the said County Palatine used and accustomed; and further also, that all Writs and Process, of what Nature or Kind soever, be made, sealed, and executed, as heretofore they have been accustomed to be made, sealed, and executed, within the said County Palatine; hereby likewise commanding and enjoining the Sheriff of the said County Palatine of Lancaster, that he cause forthwith Proclamation and Notice to be given, in all Places within the said County, as well within Liberties as without, to all Earls, Barons, Knights, Mayors, Bailiffs, Stewards, Officers, Ministers, and other the Subjects whatsoever dwelling and residing within the said County, having any Thing to do at the same Sessions of Assizes, that they then and there attend upon the said Justices, and be in all Things requisite to them aiding and assisting."

Letter from Sir George Ayscue, Capt. of The Expedition, with a Pass from the King, which was taken in a Bark from Newcastle.

"May it please this Honourable Committee,

"Being the last Night returned to Portsmouth (my Indisposition of Health not giving me Leave sooner), I found The Expedition riding at The Spit-end, being returned from Sea on Saturday last. They had not been long come to Anchor, but they spied, off of St. Hellen's Point, a King's Man of War, being a French Shallop, busied in taking of a small Barque laden with Coals, which came from Newcastle; but, before our Ship could make to his Rescue, Christopher Mitchell, Master of The Alse and Precilla, being bound for Newfoundland, came happily to retake the Barque from the Shallop, and in her Eleven of the Shallop's Men; and bringing the Barque with him to The Cowes, the Master of the Barque told some Friends of his on Shore, that he had a Pass from the King which would have freed him from the Shallop; and further said, that he had a Letter from the King to the Prince; which being made known to Christopher Mitchell, the Master of The Alce and Prescilla, he demanded the Pass and Letter; but, it seemeth, the Master of the Barque, being in his Cups when he made it known, began then to repent him, so that he put the Master of The Alce and Precilla to some Trouble before he could gain them; but being possessed of them, he came this Morning to me, to make me acquainted what had happened, and to take my Advice; upon which I thought it my Duty to delay no Time in sending this Letter to this Honourable Committee. The Master of the Barque shall be secured in Cowes Castle until your further Pleasure be known. I shall hasten to the Vice Admiral, according to my Orders.

Portsmouth, this 16 of June, 1646.

"Your Honours

Most humble Servant,

"Geo. Ayscue."

King's Pass for Mansell's Vessel.

"CHARLES R.

"Charles, by the Grace of God, King of Greate Brittaine, France, and Ireland, Defender of the Faith, &c. To all Admirals, Vice Admirals, and Captains of Ships, and to all other Officers or Commanders by Sea, who have Commission from Us, whatsoever. Whereas Oliver Mansell is, for his lawful Affairs, to repair with his Ship and Goods to Garnsey, and from thence to such other Places as his Trade and Occa sions shall require: These are, therefore, to will and command you, and every One of you, to suffer and permit the said Oliver Mansell, with his Ship and Goods, freely to pass to Garnsey, or where else his Occasions or lawful Affairs shall require, without Trouble, Search, or Molestation whatsoever; whereof you are not to fail, as you and every one of you will be answerable at your highest Perils.

"Given under Our Hand and Signet, at Newcastle, the 2d Day of June, 1646, and of Our Reign the Two and Twentieth.

"By His Majesty's Command,

"Lannericke."

Report concerning the Reception of the French Ambassador.

"16 Junii, 1646.

"At the Committee of Lords and Commons for Foreign Affairs.

"Whereas the House of Commons have, by their Order, referred it unto this Committee, to consider of the Reception of the French Extraordinary Ambassador now coming over:

"Upon Debate and Consideration had of the same; the Committee are of Opinion,

"That Sir Oliver Flaming be commanded, accompanied with some Gentlemen (in some of the King's Barges), to repair unto Graves-end, there to give the Ambassador his First Reception.

"That One of the Lords House and Two of the House of Commons be appointed, with One of the principal Barges of the King's, to repair unto Greenw'ch, there to receive him; and from thence to accompany him unto such House as is, or shall be, appointed by both Houses of Parliament.

"That Coaches be appointed, to attend at Tower Wharfe, for the Ambassador and the Lords and Commons.

"That Letters be written to the Officers of the Customs at Dover, that in case the Ambassador do offer to have his Thanks visited, that they forbear to do the same.

"That Letters be written to the Committee of Kent, to give the Ambassador a civil Visit, and to take Care that (fn. 2) he be accommodated both at Dover and elsewhere in his Passage; and to that End, that Letters be also written to the Mayor and Aldermen of the Towns of Dover and Rochester respectively.

"That Letters be written to the Lieutenant of Dover Castle, to use such civil Respects at the Ambassador's Arrival as have been formerly used to Extraordinary Ambassadors.

"The Lord North is desired to report these Opinions to the House of Peers.

"And Sir Henry Mildmay to the House of Commons.

"And it is the Opinion of the Committee, That the Houses be moved, to give Order unto the Committee of the Revenue, to make Payment unto the Bargemen of all such Monies as are in Arrear, or shall be due unto them, for this Service."

Adjourn.

House adjourned till 10^a cras.