House of Lords Journal Volume 9: 21 December 1647

DIE Martis, 21 die Decembris.

PRAYERS, by Mr. Hicks.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answers from the H. C.

Doctor Heath and Mr. Eltonheade return with this Answer from the House of Commons:

That concerning the Earl of Shrewsbury, and the Lord Petre, and Colonel Andrewes, they will send an Answer by Messengers of their own.

Doctor Aylett and Mr. Eltonheade return with this Answer from the House of Commons:

That they agree to the Order concerning Mr. Fortescue, and the granting of a Commission of Oyer and Terminer for Piracy. (Here enter it.)

Writs of Error brought in.

Mr. Justice Bacon this Day brought in these Writs of Error following; (videlicet,)

Bushell & Colston.
Idem & eundem.
Harte & Carter.
Gay & Trevillian.
Trippett & Burrowes.
Shellitoe & Walker.
Prentice & Freere.
Curnett & Ball.
Boughey & Penne.
Knighton & Bullocke.
Derke & Sherman.
Butler & Butler.
Butler & Blaney.
Butler & Blaney.
Cockayne & Taylor.
Fage & Rumney.
Empson & Walker.
Webster & Browne.
Lillie & Sherman.
Stanwell & al. & Bovett.
Clarridge & Manwaringe.
Morgan & Goughe.
Johnson & Elliott.
Blincoe & Barwicke.
Burrage & Parsons.

Croker and Wise.

This Day being appointed for hearing the Cause between Croker and Wise; but in regard Wise hath not brought in the Writings and Evidences concerning Mr. Croker's Estate, which are in his Custody, according to [ (fn. 1) the Order of ] the 3d of December:

It is Ordered, That Mr. Wise shall give Obedience to the said Order of the Third of December, and bring in the Evidences and Writings, in his or his Wife's Custody, concerning Mr. Croker's Estate, by To-morrow Morning, to the Clerk of the Parliaments, upon Oath; and the leaving this Order at Mr. Herne's Chamber, at Lyncolne's Inn, One of the Counsel of Mr. Wise, shall be accounted a good Serving Mr. Wise with this Order.

Allen and Baker.

Upon hearing the Counsel of Allen and Baker: It is Ordered, That the former Order of this House, made concerning this Cause, touching the giving of Security by Baker, is hereby confirmed: And it is Ordered further, That it is referred to Doctor Aylett and Doctor Heath, to consider of the Security as is offered, and to give their Opinions to this House concerning the said Security; and then the said Baker is to enter into it.

Parnacot and Teate.

Ordered, That Errors in the Writ of Error between Parnacott and Teate shall be argued on Friday next.

Sir H. Stiles and Jermyn.

Ordered, That the Errors in the Writ of Error between Jermin and Sir Humphry Stiles shall be argued on Friday next.

Leave for 40 Persons to stay in London.

An Order was presented to the House, to refer to the Committee for the Army, the granting of Licences to Forty Persons to stay in London; which was read.

And, upon the Question, Resolved, Not to pass.

Letter from the Scots Commissioners.

A Letter from the Scotch Commissioners, was read. (Here enter it.)

Message to the H. C. about the Committee for Plantations; and to remind them of Ly. Cawfield's and Pringle's Petition, &c.

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

1. To deliver to them the Order for lessening the Quorum of the Committee for Plantations.

2. To put them in Mind of the Lady Cawfield's Petition.

3. To put them in Mind of Mr. Pringle's Petition.

4. To let them know, that this House intends to adjourn till Friday Morning next.

Maxwell, Leave to be absent from the King.

Ordered, That Mr. Maxwell hath Leave to be absent from his Attendance upon the King in the Isle of Wight, in regard of some Occasions.

Fortescue, D. of Lorrain's Agent, to depart immediately.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. Anthony Fortescue, pretended Agent to the Duke of Lorrayne, shall depart out of this Kingdom within Ten Days; or else to be proceeded against according to Law."

Order for a Commission for trying Piracy Causes.

"Ordered, by the Lords and Commons assembled in Parliament, That a Commission of Oyer and Terminer for Piracy Causes be issued, under the Great Seal of England, to such Commissioners as the Committee for the Admiralty shall think fit."

Paper from the Scots Commissioner, complaining of their Papers not being taken into Consideration before the sending the Commissioners to the King; and to clear themselves of casting Aspersions on the Houses.

"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.

"Right Honnorable,

"Wee have ever bin soe forward for a settling of a Peace, as wee have alwayes bin ready to lay Hould on all Oppertunityes, and to make Use of every Meane, which wee conceived might further and advance it. And if the Houses had bin pleased to consider our former Papers, or had harkened to our Desire for a Conferrence, there had bin Tyme sufficient both for Debate and Consideration of what is contayned in our Papers of the 17th of this Instant; and therefore wee are very sorry that soe little Regard hath bin had to our Desires, as not to take them into Consideration before the sending of their Commissioners to the Kinge. Wee see noe Reason why our expressing our Sense upon the Alterations made in these new Propositions, soe essentially different from the former, and upon the Way now intended to send them to His Majesty, should be interpreted a laying of Aspersions upon the Houses; but that our Zeale to Religion, Loyalty to the Kinge, and earnest Desire of Unity betweene the Kingdomes (all now in soe greate Danger), hath given just Cause that our Expressions should be more pathetique then ordinarily, knoweing how tender the Kingdome of Scotland hath bin and is of the Covenant and Treatyes betweene the Kingdomes, and how sensible they will be of the Violation thereof. And as for our Judgment concerning Propositions to be sent to His Majesty, wee have exprest it in our Papers delivered to the Houses on Friday. And soe we rest

Worcester-House, the 20th of December, 1647.

"Your Lordship's

"Humble Servaunts,

"Loudonn.

"Charles Erskine.

"Hew Kennedy.

Ro. Barclay."

Adjourn.

House adjourned till 10 ^a Friday Morning next.