House of Lords Journal Volume 7: 16 January 1645

DIE Jovis, 16 die Januarii.

PRAYERS, by Dr. Gouge.

Ds. Grey de Warke, Speaker.

Answers from the H. C.

Mr. Serjeant Fynch and Dr. Heath return with this Answer to the Message sent to the House of Commons Yesterday:

And they agree in referring it to the Committee of both Kingdoms, for filling up the Blanks in the Answer to be sent to the King concerning the Treaty.

Mr. Dr. Heath and Mr. Page return with this Answer sent to the House of Commons Yesterday:

That they agree that their Committee that treat with The States Ambassadors shall meet with the Committee of Lords, this Afternoon, at Three a Clock, as is desired; and concerning the Names of the Lords Servants, that are to attend the Lords at Uxbridg at the Treaty, they will send an Answer by Messengers of their own.

Allen versus Stone in Error.

Upon reading the Petition of Edward Allen; shewing, That he (being Security for one John Gaen and Wm. Austen) became bound unto Benjamin Stone of London, Clerk, in the Sum of One Hundred Pounds, for Payment of Fifty-two Pounds; and now Judgement being by them confessed, and entered in The Petty Bagg Office, in the High Court of Chancery, and One of them since fled to Oxon, the Petitioner is now liable for Payment of the whole; albeit the Petitioner, having of late gained a Copy of the said Judgement, and coming to his Counsel to be advised thereupon, they declare, for that the said Stone's Proceedings in the Premises hath been altogether erroneous, neither may the Petitioner be relieved in the Premises but by a Writ of Error in Parliament; which, in regard of his Majesty's Absence, may not be had, unless His Signature be supplied by their Lordships Order: It is therefore prayed, that their Lordships would be pleased to grant unto the Petitioner an Order, directed to the Cursitors of London, for the making of a Writ of Error, directed unto the Commissioners of the Great Seal of England, and Master of the Rolls for the Time being, commanding them to certify the Record thereof before the Lords in Parliament, to the End the Petitioner, as His Majesty's Subject, may be relieved in the Premises, according to the Laws of the Land."

Hereupon this House Ordered, That the said Edward Allen shall be hereby permitted to have a Writ of Error, as he shall be best advised by his Counsel.

Jennings and Dawes.

Ordered, That Mr. Jennyns Cause shall be heard on Tuesday next, at this Bar, against Sir Thomas Dawes, touching Five Bonds entered into by John Latch, to Sir Abram Dawes; having been proceeded in before in this House, but remains yet undetermined.

Spanish Merchants not to be molested on Account of their Religion.

Upon reading the Petition of the English Merchants trading to Spaine and the Dominions thereof: It is Ordered, That Wm. Sherman, that informed against Anthony Ferdinandes for not going to Church, shall be summoned to appear forthwith before this House, to shew Cause why he prosecutes the Suit against Ferdinandes. (Here enter the Petition.)

North and Conisby.

The Counsel of Roger North Esquire were called in; and the House determined to hear the Cause between Thomas Conisby and Robert Conisby; but, because Thomas Conisby appeared not, Affidavit was made by Edward Radford, that he served the Order of this House upon him, for the hearing this Cause this Day.

Robert Conisby appeared, and pretended that his Brother Thomas Conisby had all the Books and Papers, so as he was not prepared to make any Defence.

Thereupon the House judged, "That it was a Contempt to the Order of this House, in not being ready, by themselves or Counsel, to make their Defence:" And in regard of the Charges that Mr. North hath been (fn. 1) at, to bring his Counsel this Day, it is Ordered, That Thomas and Robert Conisby shall pay Six Pounds Costs to Mr. Roger North forthwith; and that this House will hear this Cause on Wednesday next, at which Time Parties on both Sides, by themselves or Counsel, are to appear; and if any Default be made by Thomas or Rob't Conisby, this House will proceed to hear the Cause notwithstanding; and if, by reason of other Business, this House will not be at Leisure to hear the Cause that Day, then they shall attend de Die in Diem, until the Cause be heard: And it is further Ordered, That the said Thomas and Rob't Conisby, nor any others by their Authority, shall cut down any Woods upon the Land in Question, nor shall carry away any Woods cut already, until this House gives further Directions therein.

After this, Rob't Conisby was called in; and the Speaker told him what Order this House had made, and commanded him to take Notice of this Order without further Notice.

Message from the H. C. for a Conference about the Ordinance for billeting Soldiers;

A Message was brought from the House of Commons, by Sir Edw. Hungerford:

To (fn. 2) desire their Lordships would please to give a Conference, as soon as it may stand with their Lordships Conveniency, touching the Ordinance concerning free billeting of Soldiers.

and with One for Concurrence.

2. To desire Concurrence in an Ordinance for taking off the Sequestration of the (fn. 1) Lord Pagett's Estate.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning taking off the Sequestration of the Lord Pagett's Estate; and that their Lordships will give a present Conference, in the Painted Chamber, as desired.

E. of Manchester desires Leave to satisfy a Committee of the H. C. about his Behaviour at Newbury.

The Earl of Manchester acquainted this House, That he understands, that a Committee of the House of Commons is examining some Witnesses, concerning his Carriage of Affairs at Newbury; and he desires to know the Pleasure of this House, whether he may send to the said Committee, to let them know, he is ready to give them Satisfaction of any Thing which concerns him touching that Business."

And this House referred it wholly to his Lordship.

Ordinance for passing Compositions in the Court of Wards.

Next, the Ordinance concerning passing of Compositions in the Court of Wards, under the Great Seal, was read the Second Time, and committed to a Committee of the whole House.

And the House was adjourned into a Committee during Pleasure; which being resumed, the Ordinance was read the Third Time, and passed, and Ordered to be sent down to the House of Commons.

Ordinance to continue the One for Martial Law.

Ordered, That the Committee for the Ordinance concerning Martial Law shall meet this Afternoon, at Three of the Clock, and consider what Alterations are fit to be done therein, or to make a new Ordinance if they shall think fit, and report the same to the House.

Report of the Conference on the Ordinance for billeting Soldiers.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

And the Speaker reported the Effect of the Conference; which was, "That the House of Commons do not concur with their Lordships in the Proviso added to the Ordinance concerning billeting of Soldiers."

Ordered, That this Business be taken into Consideration To-morrow Morning.

Paper concerning the Treaty; and a List of the Attendants on the Committees.

The Lord Wharton reported the Paper concerning the Treaty, filled up with Names where Blanks were, by the Committee of both Kingdoms; and likewise a List of the Names which are to attend the Lords and the Commons that are to go to Uxbridge, to treat; which being read, this House Agreed to take them into Consideration To-morrow Morning.

Ordinance to clear L. Paget of his Delinquency.

"Whereas William Lord Pagett hath been fined at Five Hundred Pounds for his Delinquency, to pay the same by Way of Composition, to the Use of the State, and, in Pursuance of the said Composition, hath paid, or given Security to pay, the same, to the Satisfaction and Content of the Committee intrusted for that Service, and hath engaged himself to pay One Thousand Pounds more, to the Use of the State as aforesaid, when those Counties where his Estate lieth shall be reduced to the Obedience of the King and Parliament: It is this Day Ordained and Declared, by the Lords and Commons in Parliament assembled, That the Sequestration of the said William Lord Pagett's Estate shall be, and is hereby, taken off and discharged, as also for his Fifth and Twentieth Part."

Petition of the Merchants trading to Spain, that the Spaniards here may not be prosecuted on Account of their Religion, left the English in Spain should suffer by it.

"To the Right Honourable the Lords now assembled in Parliament.

"The humble Petition of the English Merchants trading to Spaine and the Dominions thereof;

"Sheweth,

"That the Petitioners have their Factors and Servants inhabiting and residing in all the Ports and Parts of Spaine wherein they have Trade and Traffic; and for these many Years they have lived quietly, and not been molested for using their Conscience, nor called upon, nor compelled to come to their Churches, according to the Laws of that Kingdom, but are thereof exempted, meerly and solely by the Nineteenth Article of Peace between the Two Crowns, the which, together with the other Articles of Peace, are reputed equal and mutually observable by each Nation to other; insomuch that, in this respect, neither the Laws of Spaine, nor the Power of the Inquisition, nor the Molestation of Informers, are put in Execution against the Subject of England: But now, the Petitioners have understood, that one Anthony Farnandes, a Subject to the King of Spaine, and other Merchant Strangers, are sued and prosecuted in His Majesty's Court of Common Pleas, by Information of William Sherman, for not going to Church; the which Suit if it be continued to the Conviction of the said Farnandes, it will undoubtedly be the Cause that the like Molestations and Prosecution will be used towards the Petitioners Factors and Servants resident in Spaine, and thereby compelled either to alter their Religion, or forsake the Country: And being the Number of the Subjects of England resident in Spaine is above One Hundred for One Spaniard resident here, and therefore the Engagement and Concernment so much the more;

"The Petitioners humbly pray your Honours to take the Premises into Consideration, together with the dangerous Consequence, if, by this Example, the Subjects of England shall be accordingly molested; and to provide such Remedy as to your Honours grave Wisdom shall seem meet.

"And the Petitioners, &c.

"Robert Lant.
Abraham Buttes.
Richard Rynes.
Stephen Slaney.
Gilbert Lambe.
Richard Leigh.
Roger Kilvert.
Nathan Wright.
Oliver Clobery.
Gregory Clement.
Thomas Rich.
Robert Oxwicks."

Adjourn.

House adjourned till 9^a cras.