House of Lords Journal Volume 9: 6 May 1647

DIE Jovis, 6 die Maii.

PRAYERS, by Mr. Gibbons.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer to the Prince Elector, about the Papers communicated by him, concerning the Protestant Interest in Germany.

The Lord North reported from the Committee, what is fit to be returned to the Prince Elector, upon the Papers received from him; which was read, and approved of, and Ordered to be sent to the House of Commons:

"The Lords and, assembled in the Parliament of England, as they have great Reason, do at this present, in what your Highness hath been pleased to represent unto them concerning the State of your Affairs, in the Conditions offered unto you upon the Pacification carried on in the Empire, now more than ever resent the Interest, Right, and Honour, in the Restitution of what belongeth to your Illustrious Family; wherein considering the great friendly Mediations and Obligations which have formerly been employed from this Crown and Kingdom towards such as are and ought to be most powerful therein, we shall find it very strange and unexpected, if your Highness fall short of full Satisfaction and Restorement: Nor will we be slow to express upon all Occasions our just Resentment and Concernment in such Case, according to that Zeal which your Highness may promise yourself from our present Interest and preceding Expressions, which, to our best Abilities, we will ever prosecute, as acknowledging ourselves much imported therein. And they have ordered, That the Committee appointed for your Highness' Affairs shall have Power to receive from Time to Time, and take Consideration of, all such Particulars as your Highness shall offer as material thereunto."

Lady Vere's Ordinance for 1000l.

The Ordinance for One Thousand Pounds to be paid to the Lady Vere, out of Gouldsmithes Hall, in Course, was read, and Agreed to. (Here enter it.)

Alderman Pennington's, for 3000l.

An Order for paying, out of Gouldsmithes Hall, Three Thousand Pounds to Alderman Pennington, was read.

And the Question being put, "Whether this Business shall be respited or no?"

It was Resolved in the Negative.

Then the said Order was read the Third Time.

And it being put to the Question, "Whether to agree to this Order brought from the House of Commons?"

And it was Resolved in the Affirmative.

(Here enter it.)

Persons who owe Debts to Delinquents, and don't discover them.

It was moved, "That the House would declare their Opinion, Whether such Persons as owe Debts to Persons that are Delinquents, and do not discover it, whether they come within the Penalty of the Ordinance for Sequestration?"

And it was Ordered, That the Ordinance be produced To-morrow Morning.

E. of Northumb. owes 1500l. to Sir J. Pennington.

The Earl of Northumb. acquainted the House, "That there is One Thousand Five Hundred Pounds owing by his Lordship to Sir John Pennington' Estate."

Message from the H. C. to sit P. M;

A Message was brought from the House of Commons, by Anthony Nicolls:

To let their Lordships know, that they intend to sit this Afternoon; and they desire their Lordships would please to sit likewise, if it may stand with their Lordships Conveniency.

and about Garrisons and Forces.

2. To desire their Lordships would please to give some Resolution in the Business concerning Garrisons.

The Answer returned was:

Answer.

That this House will sit this Afternoon, as is desired; and concerning the Garrisons; their Lordships will take the same into Consideration, and will send an Answer by Messengers of their own.

Alderman Fowkes, and the E. I. Co.

This Day being appointed to hear the Cause between Alderman Foulkes and the East India Company, and the Counsel being present at the Bar on both Sides;

The Counsel of the India Company alledged, "That whereas, by Direction of this House, there was a Commission issued out, to examine Bonnell, who was said to be in Holland; but they can have no Fruit of it, because (fn. 1) they hear that the said Bonnell is in Brasile: Therefore it was desired, that another Commission may be issued out, to examine the said Bonnell at Brasill, concerning the Journal-book."

Hereupon the Counsel withdrew, and the House took it into Debate.

And the Question was put, "Whether to proceed to hear this Cause, upon the Merits between Alderman Foulkes and the East India Company, this Day?"

It was Resolved in the Affirmative.

Then the Counsel on both Sides were called in; and the Speaker, by the Direction of the House, told the Counsel, "That this House hath ordered, to proceed to hear the Merits of the Cause between Alderman Foulkes and the East India Company this Day."

And after the House had heard what the Counsel said at the Bar, the Counsel withdrew.

The House took the same into serious Consideration, made this Judgement following:

"Resolved, That the Two Decrees made by the Lord Keeper Coventry, 21 Novemb. 7° Car'l. and 9 Junii, 11° Car'l. between the East India Company and John Foulkes now Alderman, being unjust, are hereby reversed.

"Resolved, That the Adventures, (videlicet,) the Principal with the Proceed thereof, which John Foulkes now Alderman had in the Stock of the East India Company, which were kept from him by colour of these Two Decrees, or either of them, be restored to John Foulkes now Alderman, with Damages after Eight Pounds per Cent. for the Adventures.

"Resolved, That Alderman Foulkes shall have a Hundred Pounds paid him, by the East India Company, for Costs.

"Resolved, That Doctor Heath and Mr. Hakewill are appointed to audit the Damages."

Message to the H. C. with the Papers from the Prince Elector; and about the following Particulars.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:

1. To communicate to them the Papers received from the Prince Elector, with the Sense of this House upon them.

2. To let them know, that this House passed the Order concerning Alderman Pennington, and the Order concerning the Lady Vere.

3. To put them in Mind of the Earl of Mulgrave's Business.

4. To desire their Concurrence in an Ordinance for making Mr. Paul Minister of Berkeley, in the County of Gloucester.

Ordinance for 1000l. to Lady Vere;

"Ordered, by the Lords and Commons assembled in Parliament, that the Sum of One Thousand Pounds, charged by former Order, to be paid to the Lady Vere, out of the Monies due to Sir John Pennington, and remaining in the Hands of Mr. Alderman Pennington, be now charged, and paid in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall; and that the former Order for the Payment thereof be discharged: And it is further Ordered, That the Acquittance of the said Lady Vere, or her Assigns, shall be a good Discharge to the Treasurers at Gouldsmiths Hall, for the Payment thereof accordingly."

and for 3000l. to Ald. Pennington.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Thousand Pounds be charged, in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall, and paid to Mr. Alderman Pennington, for Satisfaction of his Losses and Damages; and that the Acquittance of the said Alderman Pennington, or his Assigns, shall be a good Discharge to the Treasurers at Goldsmiths (fn. 2) Hall, for the Payment thereof accordingly."

Adjourn.

House adjourned till 4^a post Meridiem.

Post Meridiem.

PRAYERS, by Mr. Sallawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Swedish Ships brought into The Downs, for refusing to strike to the English Flag in the Narrow Seas.

The Earl of Warwicke acquainted the House with divers Letters from the Vice Admiral and Rear Admiral, about the Insolencies of some Swedish Ships, which refused to strike Sail to the Crown of England, in the Narrow Seas; which caused a Fight with our Rear Admiral and they, who are now brought into The Downes by our Vice Admiral.

The Letters were read, with a Copy of the Queen of Sweden's Commission to them, and some Examinations taken concerning this Business.

Message to the H. C. about them.

Ordered, That these Letters be communicated to the House of Commons, with a Desire that they may be referred to the Consideration of the Committee for the Admiralty; and that the Swedish Commissioners residing here may be made acquainted with the Business speedily.

Which accordingly was sent down to the House of Commons, by Doctor Heath and Mr. Hakewill.

Lady and Mr. Russell's Petition, to compound for Sir W. Russell.

Upon reading the Petition of Dame Frances Russell Wife of Sir Wm. Russell, and Thomas Russell Son to the said Sir Wm. Russell; desiring, "they may be permitted to proceed to make a Composition, for the present Interest of Sir Wm. Russell, according to the Qualification of his Exception in the Propositions."

And the Question being put, "Whether to send this Petition to the House of Commons?"

It was Resolved in the Negative.

Ordered, That this House rejects this Petition.

Symonds to be attached, for not giving up Possession of Windsor Lodge.

Upon reading of an Affidavit of Henry Farr:

(Here enter it.)

It is Ordered, That Thomas Symonds shall be sent for, as a Delinquent, to answer his Offence.

Sir E. Sydenham's Cause.

Ordered, That the Complaint of Sir Edward Sydenham, against the Persons that were sent for by this House to answer their Contempts to the Orders of this House, shall be heard on Wednesday; and then both Sides shall be heard, and Sir Edw. Sydenham to produce his Witnesses.

Orders for Concurrence.

The Order for issuing out Commissions under the Great Seal, of Oyer and Terminer, for the several Counties, for Trial of such Persons as rob and spoil the Countries, was read, and Agreed to. (Here enter it.)

The Order for the Committee at Derby House to send down a List of such Persons as they have inlisted for Ireland, unto the Sheriff Com. Oxon, was read, and Agreed to. (Here enter it.)

The Order for Persons that have committed any Robberies or Spoils in the County of Oxon to be tried by Commission of Oyer and Terminer, was read, and Agreed to. (Here enter it.)

Sheriff of Oxon has apprehended Soldiers, who plundered the Country.

The Lord Viscount Say & Seale acquainted this House with a Letter sent to him from the Sheriff of Oxfordshire; intimating, "That he hath in Prison divers Cavaliers and Irishmen, that robbed in the Country."

And the House Ordered, That the Lord Viscount Say & Seale return him Thanks, from this House, for his good Service in this Business.

List of Garrisons and Forces to be continued.

The House took into Consideration the Paper which came from the House of Commons, concerning the Garrisons which are to be continued; and agreed to these following:

"Resolved, That the Number of Soldiers that is now kept in Windsor shall be still continued, till the Houses take further Order.

"Resolved, That the Island of Silly be continued with Two Hundred Foot in it, during the Pleasure of the Parliament.

"Resolved, That The Mount be continued with One Hundred Foot in it, during the Pleasure of Parliament.

"Resolved, That The Deny be continued with One Hundred Foot in it, during the Pleasure of the Parliament.

"Resolved, That Pendennis be continued with Five Hundred and Fifty Foot in it, during the Pleasure of the Parliament.

"Resolved, That Mawes be continued with One Hundred Foot in it, during the Pleasure of the Parliament.

"Resolved, That Chester shall be continued a Garrison, with Six Hundred Foot in it, besides Officers.

"Resolved, That Fifteen Hundred Men shall be kept in the Garrisons of Plymouth, the Fort and Isle.

"Resolved, That the Castle at Exeter shall be kept garrisoned.

"Resolved, That the Number of Men that shall be kept in the Castle of Exeter shall be One Hundred and Threescore.

"Resolved, That Exmouth Fort be kept up a Garrison, with Forty Men in it.

"Resolved, That the Castle of Shrewsbury shall be kept a Garrison, with One Hundred Foot in it.

"Resolved, That Brounckson shall continue garrisoned, with Twenty Men in it.

"Resolved, That Poole continue garrisoned, with One Hundred Men in it.

"Resolved, That Weymouth continue garrisoned, with Three Hundred Men.

"Resolved, That Portland continue garrisoned, with Three Hundred Men in it.

"Resolved, That Clifford's Tower be kept a Garrison, with Threescore Foot in it.

"Resolved, That the Town of Hull be continued a Garrison, with Eight Hundred Men in it.

"Resolved, That Scarborough Castle be kept a Garrison, with a Hundred Men in it.

"Resolved, That the Forts which command the Harbour at Scarborough be kept up, with Threescore Men in them.

"Resolved, That the City of Gloucester shall be kept a Garrison, with Six Hundred Foot in it, besides Officers.

"Resolved, That the Castle of Hereford be kept a Garrison, with an Hundred and Threescore Foot in it.

"Resolved, That the additional Number of an Hundred and Twenty Soldiers, with their Officers, in Dover Castle and the Forts adjacent, be continued.

"Resolved, That the additional Number of Ten Men, over and above the old Establishment, be continued in the respective Castles of Sandowne, Deale, and Walmer.

"Resolved, That Liverpoole be kept a Garrison, with Six Hundred Foot in it.

"Resolved, That the Garrison of Croyland be kept up, with Fifty Foot in it.

"Resolved, That the Castle of Chepstowe be kept a Garrison, with Forty Foot in it.

"Resolved, That the Castle of Nottingham be kept a Garrison, with a Hundred Foot in it.

"Resolved, That the Town of Lynn be continued a Garrison, with Five Hundred Foot in it.

"Resolved, That Tynmouth Castle, with the Outworks, shall be kept a Garrison, with Three Hundred Foot in it.

"Resolved, That Newcastle and Gateside be kept a Garrison, with Seven Hundred Men in it, besides the Three Hundred assigned for Tynmouth.

"Resolved, That this House doth not agree with the House of Commons, that the Town of Stafford be kept a Garrison, with Fifty Men.

"Resolved, That the Garrison of Portsmouth be kept up a Garrison, with the same Number of Men it is now garrisoned.

"Resolved, That Cashott Castle, Southsea, and Hurst Castle, be continued garrisoned with the same Number of Men as now they are established.

"Resolved, That the Forts of Sandowne, Cowes, Yarmouth, and Worsley Tower, be kept garrisoned with the same Number of Men they are now established.

"Ordered, by the Lords and Commons, That it be referred to the Committee of the Eastern Association, to consider of the continuing or disgarrisoning of Langard Fort; and in case they shall think fit to continue it a Garrison, that they do consider what Number of Men will be fit to be kept there, and of the Payment of them.

"Resolved, That the Castle of Taunton be kept a Garrison, with an Hundred Foot in it.

"Resolved, That the Town of Taunton be continued a Garrison, and kept by the Townsmen; and that they have allowed them Ten Pounds per Week towards the Charge thereof.

"Resolved, That the Castle and Great Fort at Bristoll be kept garrisoned, with Two Hundred and Fifty Foot in them.

"Resolved, That Arundell Castle be continued a Garrison, with an Hundred Foot in it besides Officers.

"Resolved, That this House doth not agree with the House of Commons, that Warwick Castle be kept a Garrison, with Threescore Men in it.

"Resolved, That Red Castle be kept a Garrison, with Twenty Men in it.

"Resolved, That the Town and Castle of Carnarvon be kept garrisoned, with One Hundred Men in it.

"Resolved, That the Castle of Conway be kept a Garrison, with Fifty Men in it.

"Resolved, That the Town and Castle of Beamorris, The Blockhouse, and Holyhead, be kept garrisoned, with an Hundred and Fifty Men in them, for the Service of them all.

"Resolved, That the Town and Castle of Pembroke be kept garrisoned, with an Hundred and Fifty Men in it.

"Resolved, That the Town and Castle of Tenby be kept garrisoned, with an Hundred Men in it.

"Resolved, That the Castle of Haverford-west be kept garrisoned, with an Hundred Men in it.

"Resolved, That the Castle of Carmarthen be kept garrisoned, with an Hundred Men in it.

"Resolved, That the Town and Castle of Caerdiff be kept garrisoned, with Two Hundred Men in it."

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Thomas Dacres; who brought up divers Particulars, wherein they desired their Lordships Concurrence.

The Answer returned was:

Answer.

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

Ordinances for Concurrence.

An Ordinance for a Thousand Pounds to be paid to the Lady Moore, out of Gouldsmiths Hall.

(Here enter it.)

Read, and Agreed to.

An Ordinance for Ten Thousand Pounds to be charged upon the Receipts at Gouldsmiths Hall, in Course, for Relief of poor indigent Persons. (Here enter it.)

Agreed to.

An Ordinance for charging the Interest of One Thousand Pounds, formerly lent by Mr. Crew and others, out of the Receipt at Gouldsmiths Hall, in Course.

(Here enter it.)

Agreed to.

An Ordinance for Two Thousand Five Hundred Ninety one Pounds, Seventeen Shillings, and Six Pence, out of the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, to Mr. Samuell Vassall.

(Here enter it.)

Agreed to.

An Ordinance of One Thousand Four Hundred and Forty Pounds, out of the Receipts of the Excise, to Sir Thomas Soames. (Here enter it.)

Agreed to.

Message from the H. C. with Votes for securing the 200,000l. to be borrowed of the City.

A Message was brought from the House of Commons, by Denzill Holles Esquire:

To let their Lordships know, that the Committee that resorted to the Common Council of London, according to the Votes, for offering Security for the Loan of Two Hundred Thousand Pounds; the Answer of the Common Council was, "That there would be no such Sum of Money raised, unless the Security of Gouldsmiths Hall were added:" Whereupon the House of Commons have made some Votes, wherein their Lordships Concurrence is desired. (Here enter them.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Votes now brought up.

Ordinance for Colonel Rainsborough to command the Forces going to Jersey.

An Ordinance was read, for Colonel Rainsborowe to command the Forces that are to go to the Isle of Jersey.

Ordered, That this House doth not agree to this Order.

Lenthall and Sir W. Russell.

The Judges Report concerning the Business referred unto them, between Lenthall and Russell, was read.

(Here enter it.)

The Petition of Lenthall, &c. was read.

Order to issue Commissions for trying Soldiers who plunder the Counties.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners for the Great Seal of England do forthwith issue Commissions of Oyer and Terminer into the several Counties, as they shall see Cause, for the Trial of all such Persons as, in the Name of Soldiers or otherwise, do rob and spoil the Countries."

List of Soldiers going to Ireland, to be sent to the Sheriff of Oxford.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons at Derby House for the Affairs of Ireland do send down a List of such Persons as they have inlisted for Ireland, unto the Sheriff of the County of Oxon."

Soldiers who have committed Robberies in Oxfordshire to be tried.

"Ordered, by the Lords and Commons assembled in Parliament, That the Commissioners for the Great Seal of England do forthwith issue a Commission of Oyer and Terminer to fitting Persons, therein to be named, for the Trial of such Persons as have committed any Spoils or Robberies as Soldiers in the County of Oxon."

Order for 10,000l. for Relief of indigent Persons.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Ten Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, in Course, to be employed for the Relief of such poor indigent Persons as both Houses of Parliament shall think fit."

Order for 259d. 17s. 6d. to Mr. Vassall, for Commodities sent to Ireland.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Thousand Five Hundred Ninety-one Pounds, Seventeen Shillings, and Six Pence, due unto Mr. Samuell Vassall, for Money and Commodities taken in Ireland, for the Service of the Parliament's Forces there, be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, payable every Six Months; and that the Acquittance or Receipt of the said Mr. Samuell Vassall, or his Assignee, for the said Sum of Two Thousand Five Hundred Ninety-one Pounds, Seventeen Shillings, and Six Pence, shall be a sufficient Discharge unto the said Commissioners of Excise."

Votes for Security to the City, for the 200,000l. to be borrowed of them.

"Resolved, by the Lords and Commons in Parliament assembled,

"That the Moiety of all Compositions made, or to be made, with Delinquents, according to the Orders, Ordinances, or Instructions, of One or both Houses of Parliament already made, for compounding with Delinquents at Gouldsmiths Hall, shall (after the Engagements already charged upon the said Compositions are satisfied) be added to the Security: Provided always, That the Houses do notwithstanding declare, That it is their Intention to reserve a Power to the Commissioners at Gouldsmiths Hall, to compound with Delinquents for Impropriations, according to such Orders or Instructions as they have or shall receive from both or either House of Parliament, for the Benefit and Advancement of the Ministry.

"Resolved, &c.

"That, from Friday the Seventh of this present May, no Anticipation, Charge, or Engagement, be made upon the Receipts of the Excise, until the Security be perfected; but such Sum only as shall be charged in Course, without any Prejudice to the Security.

"Resolved, &c.

"That, from Friday the 7th of this present May, no Anticipation, Charge, or Engagement, be made upon the Moiety of the Receipts at Gouldsmiths Hall; but such Sum only as shall be charged in Course, without any Prejudice to the Security.

"Resolved, &c.

"That the Common Council shall have Power to nominate Treasurers, to be approved by both Houses of Parliament, for the receiving and paying this Sum of Two Hundred Thousand Pounds, for the Service of England and Ireland, in such Manner as both Houses of Parliament shall appoint."

Order for 1000l. to Lady Moore.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds, charged by former Order to be paid to the Lady Moore, out of the Composition of Wm. Bromley, of Baggington, Esquire, be now charged and paid in Course, upon the Receipts of Monies arising and coming in by Compositions with Delinquents at Gouldsmiths Hall; and that the former Order for Payment thereof be discharged: And it is further Ordered, That the Acquittance of the said Lady Moore, or her Assigns, shall be a good Discharge to the Treasurers at Gouldsmiths Hall, for the Payment thereof accordingly."

Order for 1000l. to Sir J. Dreydon and Mr. Crew.

"Ordered, by the Lords and Commons assembled in Parliament, That the Interest due, and which shall grow due, for a Thousand Pounds, lent to the Parliament, by Sir John Dreydon, Sir Christopher Hatton, and Mr. Crew, formerly charged upon Sir Christopher Hatton's sequestered Estate, be now charged upon the Receipts at Gouldsmiths Hall, in Course, until the Principal be paid."

Order to secure the Repayment of 1440l. to Sir T. Soame.

"Ordered, by the Lords and Commons in Parliament assembled, That Fourteen Hundred and Forty Pounds, the Remainder of a Debt of Two Thousand Pounds, and Interest for the same, due unto Sir Thomas Soame Knight, Alderman of the City of London, formerly advanced and lent by the said Sir Thomas Soame for the Service of the Parliament, be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same from this Day, payable every Six Months; and that the said Sum of Fourteen Hundred and Forty Pounds be paid unto the said Sir Thomas Soame, or his Assignee, by the Commissioners of the Excise, as it shall fall due in Course, and Interest for the same every Six Months as aforesaid; and the Acquittance or Receipt under the Hand of the said Sir Thomas Soame, for the said Sum of Fourteen Hundred and Forty Pounds, and Interest for the same, shall be a sufficient Discharge unto the said Commissioners of Excise."

Lenthall & al. and Sir W. Russell & al.

"According to your Lordships Order of the 21th Day of April last, we have considered of the Case between Russell, &c. and Lenthall, &c. formerly referred to us: And we are of Opinion, that a Prohibition doth lie in the Case.

"First of May, 1647."

Farr's Affidavit, that Symonds refuses to give Possession of Windsor Lodge to the E. of Holland.

"Possession being demanded of Thomas Symons, of the Manor Lodge, in the Great Park at Winsor, for my Lord of Hollande's Use, by Francis Younge, Servant to my Lord of Holland; Thomas Symmons gave this Answer, That he would not give my Lord of Holland, nor any Man else, Possession; for the King had given him a Command to keep Possession, and Possession he would keep till he had Order from His Majesty; and that, if my Lord of Hollan' doth put him out by Force, then he will question by what Power my Lord puts him out.

"Hen. Farr.

May 6, 1647.

"Jurat. Maii 6, 1647.

"Tho. Heath."

Adjourn.

House adjourned till 10^a cras.