House of Lords Journal Volume 7: 8 May 1645

DIE Jovis, 8 die Maii.

PRAYERS, by Mr. Hickes.

Ds. Grey de Warke, Speaker.

Message from the H. C. for Colonel Russel to be Governor of the Isle of Ely.

A Message was brought from the House of Commons:

To desire their Lordships Concurrence in an Ordinance, to make Colonel Francis Russell to be Governor of the Isle of Ely; and that they intend he shall be subject to the Command of a Committee, that shall be appointed by the Houses.

The Answer returned was:

Answer.

That this House will send an Answer by Messengers of their own.

Letter from the Lieutenant of The Tower, for Colonel Tyllier to return there, he being cured of his Wound.

A Letter was this Day read, of Isaac Pennington, Lieutenant of The Tower, shewing, "That, upon the Order of this House, and the Engagement of Colonel Tyllier upon his Honour to return to The Tower after his Cure, and he having sent him Word a few Days since that he was now cured, and that he would return at an Hour's Warning whensoever the Lieutenant should require him so to do; (fn. 1) that the Lieutenant sent to him Yesterday, to make good his Promise; but Colonel Tyllier returned him this Answer, "That he was now discharged from The Tower by an Order from the House of Peers;" but there is no such Matter, only an Intimation in the Lords to remove him: The Lieutenant of The Tower alledges, that he was committed by the House of Commons; and, if their Prisoner shall be taken from him, he shall be censured for an Escape; therefore he humbly desires that the said Colonel Tyllier, as he is (fn. 2) bound in Honour, so he may in (fn. 3) Honesty, make good his Promise."

Conference to be had with the H. C. about punishing the Gaoler for wounding him; and for him to be confined in some other Prison.

Hereupon the House Resolved, To have a Conference with the House of Commons, to acquaint them with the Reasons why this House intimated to Colonel Tyllier, "That, after his Cure, he should not be returned to The Tower, that so he might not incur the Danger of hard Usage by his Keeper, because he hath declared the Truth of the Fact between him, and his Keeper;" and to desire their Concurrence, upon those Grounds, that he may not be returned to The Tower, but to some other safe Place, and a Committee of both Houses may be appointed, to examine the Matter of Fact of the Gaoler that wounded Colonel Tyllier, that so some Course may be taken for his Punishment.

Reasons to be communicated to the H. C. for not agreeing with them, in the Ordinance for a Committee to command the Summer's Fleet.

The Earl of Denbigh reported from the Committee, That they have drawn up a Paper, to be offered to the House of Commons, at a Conference, concerning the Ordinance for the Commanders of this Summer's Fleet," which was read, as follows:

"The Lords cannot agree to this Ordinance; but they do conceive the Opinion formerly given by the Committee of Lords and Commons for the Admiralty and Cinque Ports to be so well grounded, as that they rather adhere to that Opinion, and desire that the Command of the Fleet for this Summer's Expedition may further be taken into Consideration by both the Houses, to be placed in the Hands of a Person of Quality, Experience, and of a responsible Estate, and be put into such a Way as may best agree with the Report made by that Committee, as what their Lordships conceive will conduce most to the Public Service."

Ordered, That this House approves of this Paper; and that the same be communicated to the House of Commons at the next Conference.

Colonel Butler and other Officers of the Lord General's to be brought to Trial, or bailed.

It was moved, "That, at the next Conference, the House of Commons might be moved, That the Officers that were under the Lord General's Command might be brought to speedy Trial, whereby they might either be acquitted, or be brought to condign Punishment, according to their Demerits; and in particular that Lieutenant Colonel Butler, who hath for many Months been kept close Prisoner, may within convenient Time be brought to Trial, or permitted to be bailed."

And it is Ordered, That this be Part of the next Conference.

Message to the H. C. for a Conference on the foregoing Subjects.

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

To desire a Conference, in the Painted Chamber, concerning the Ordinance for the commanding of this Summer's Fleet.

2. Something concerning Colonel Tylier.

3. Concerning the Officers of the late Army, that are kept in Restraint.

Message from thence, with a Declaration to The States General.

A Message was brought up from the House of Commons, by Oliver St. Johns Esquire, Solicitor General to His Majesty, &c.

To desire their Lordships Concurrence in a Declaration to be sent to The States of The United Provinces; and that it might be translated into French.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and send an Answer by Messengers of their own.

Votes against admitting scandalous Persons to the Sacrament.

The House was adjourned during Pleasure, to consider of the Votes concerning not admitting scandalous and (fn. 4) ignorant Persons to the Sacrament.

The House being resumed;

It is Ordered, That it shall be taken into further Consideration To-morrow Morning.

Order for making Colonel Russel Governor of the Isle of Ely.

Next, the House took into Consideration the Order for making Colonel Russell Governor of the Isle of Ely. The Order consisted of Two Parts; videlicet,

"Ordered, That he that shall be Governor of the Isle of Ely shall be ordered and directed by such a Committee as shall be appointed by both Houses."

Agreed to.

Next, the Order for making Colonel Russell Governor of the Isle of (fn. 4) Ely, was taken into Consideration.

And the Question was put, "Whether the Question for Colonel Davies should be first put?"

And the Votes being Nine and Ten; and the Lord Viscount Say & Seale offered the Proxy of the Earl of Mulgrave; and so the Votes were even.

Then the Question was put, "Whether Colonel Francis Russell shall be Governor of the Isle of Ely?"

"And the Votes were Nine and Ten.

Then the Lord Viscount Say & Seale tendered the Proxy of the Earl of Mulgrave; and so the Votes were even.

Answer from the H. C.

Sir Edward and Mr. Page returned with this Answer:

That the House of Commons will give a Conference presently, as is desired.

Message to them, with the Petition of Lord Blayny, Knowles, and Bassano;

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

To desire their Expedition concerning the Petition of the Lord Blayny.

2. To deliver the Petition of the Knowles to them, with the Sense of this House upon it.

3. To deliver to them the Petition of Andrea Bassano, with the Sense of this House upon it.

with the Declaration about Sir J. Conyers;

4. To deliver to them the Declaration of this House concerning Sir John Conyers, and desire their Concurrence therein.

and for the Dutchess of Richmond to have Leave to come to Hampton, &c.

5. To let them know, there being Letters sent from the Dutchess of Richmond, to desire Leave for a Pass, to come to London, to recover her Health, and to make Use of Sir Theodore Meyherne to that Purpose; the Lords are content that she may come as far as Hampton Court, or Kempton Parke; and desire their Concurrence herein.

Townshend, Earl of Denbigh's Servant, freed from an Arrest.

Ordered, That Thomas Tounsende, a menial Servant of the Earl of Denbigh, being arrested contrary to the Privilege of Parliament, at the Suit of Mrs. Hylord, shall be forthwith released.

Adjourn.

House adjourned till 9^a cras.