House of Lords Journal Volume 8: 6 January 1646

DIE Martis, 6 die Januarii.

PRAYERS, by Mr. Newcomen.

Ds. Grey de Warke, Speaker.

Actions against Fox and Tooker, who came in upon the Declaration, for Offences previously committed, to be removed by Certiorari into the K. B.

The Earl of Warwicke reported, "That the Committee have considered of the Case of Fox and Tooker, who being in Command in the King's Service by Commissions, and now having, upon Invitation of the Declaration of both Kingdoms, come in, and rendered themselves to the Parliament, and have taken the Covenant, and performed all Things required by the said Declaration; yet, coming to London, are arrested for Matters done by them in a Martial Way, and are in Prison in Woodstreat Compter; and speedy Proceedings will be against them for the same, unless some Remedy (fn. 1) is taken.

"And the Opinion of the Committee is, That such Persons as are or shall come upon the Declaration and Invitation of the Declaration of both Kingdoms may be free from Trouble of Actions, for what they have acted as Persons that have had Command and Commission in the King's Service.

Persons who come in upon the Declaration, to be freed from Actions for what they did in the King's Service.

"Therefore they think it fit, that a Declaration to this Purpose be drawn up, and passed both Houses; and in the mean Time that the said Fox and Tooker may have a Certiorari, to remove the Actions out of the Court where now they are, into the King's Bench."

The House approved of this Opinion of the Committee; and Ordered, Mr. Justice Rolls and Mr. Baron Atkins shall draw up an Ordinance to this Purpose, and present the same to this House.

Ly. Harcourt's Ordinance.

Ordered, That Mr. Justice Reeves and Mr. Justice Bacon do peruse the Evidence and Writings of the Lady Harcourt, and see whether the Lady's Jointure be good notwithstanding the Intail; and Report hereof to be made to this House on Thursday next.

Marq. De Muy & al. to export Horses.

Ordered, That the Marquis De Muy shall have Liberty to transport out of this Kingdom Twelve Horses, Monsieur De Charrot Governor of Calis Twelve Horses, Earl of Montgomery Eight Horses, Duke of Anguyn Twenty Horses, Custom-free.

Ordinance to prevent the Exportation of Horses.

Ordered, That Mr. Baron Trevor and Mr. Justice Reeves do draw up an Ordinance, to be passed both Houses, that no more Horses be transported for Twelve Months.

Report of the Conference about the Propositions.

The Speaker reported the Effect of the Conference Yesterday with the House of Commons; which was to this Effect:

"That they presented to their Lordships divers Papers;

"1. Some Qualifications to be added to the Fourteenth, now Fifteenth, Proposition, with some small Alterations in some of the Propositions.

"2. Propositions concerning the City of London, and the Twenty-eighth and Twenty-ninth Propositions.

3. Votes concerning Delinquents coming in before 25 March next."

Ordered, That these Propositions and the former be compared, to see what Difference is between them.

E. of Carlisle and his Creditors.

Upon hearing the Counsel of the Creditors of the Earl of Carlile; desiring, "That they might take their Remedy against his Lordship, according to the ordinary Course of Justice, upon a Decree in the Chancery, pretending that his Lordship hath waved his Privileges of Parliament to have his Person free."

But the Counsel of the Earl of Carlile answered, That his Lordship only consented to answer the Bill in Chancery, for discovering of the true Estate of his Father, and not consented to take off the Privilege of his Person, and to make it liable to an Attachment."

Upon Consideration hereof, it is Ordered, That it be referred to the Earl of Manchester, Lord Viscount Say & Seale, Lord Robertes, and the Lord Wharton, to draw up a Declaration to this Purpose, "That it was not the "Intention of this House, by their Order, to take off the Privilege of the Person of the Earl of Carlile:" And to draw a Vote concerning the Privilege of Peers in general, that their Persons are free from all Attachments; and to (fn. 3) report the same to this House. To meet this Afternoon.

Mrs. Stapleton's Cause.

Ordered, That this House will take into Consideration the Cause of Mrs. Stapilton on the 20th of January Instant.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

Ds. Grey, Speaker.

Steward versus De Franchi.

Upon hearing of the Cause between Captain Walter Stewart Esquire Plaintiff, and Nicholo de Franchi Defendant, this Day at the Bar, in the Presence of the Counsel Learned on both Sides; and after a due Consideration had by the House of what was pleaded in the Cause: It is Ordered, by the Lords in Parliament assembled, That it be hereby referred to the Judges, or any Three of them, to consider whether the Commission of Review in this Cause be legal or not; and whether, in general, Commissions of Review be taken away in maritime Causes by the Statute of 8° Eliz.; as also whether there lay any Commissions of Reviews in this Cause before the said Statute; and if there did, whether upon new Proof: And it is farther Ordered, That the said Parties do desire the Civilians (Assistants to this House) to be present with the said Judges when this Matter is to be considered of by them, they being thereunto appointed by this House: And lastly, That the Counsel on both Sides, or some of them, do attend the said Judges, at such Time and Times as they shall direct; who, having heard them, and considered of the said Matter hereby referred to them, are to make their Report in Writing to this House by Saturday come Sevennight, if it may stand with their Conveniencies; and hereof both Parties are to take Notice, and yield their Obedience hereunto, as they will answer the contrary to this House; and thereupon this House will give such farther Order as to Justice shall appertain.

Ordinance for Martial Law.

The Ordinance concerning Martial Law, to be considered of on Thursday next.