House of Lords Journal Volume 6: 22 April 1643

DIE Sabbati, 22 die Aprilis.

PRAYERS.

Earl of Manchester was appointed by this House to be Speaker this Day.

Sir George Sherley, a Pass.

Ordered, That Sir George Sherley shall have a Pass, to go to Amersham.

Emperor's Agent's Servant, a Pass.

Ordered, That the Agent for the Emperor shall have a Pass, for a Man of his to go to Oxford, and come back again to London.

Mr. Maxwell's Servant, a Pass.

Ordered, A Servant of James Maxwell Esquire shall have a Pass, to go to Guildford, in Surrey.

Mr. Dixon, a Pass to France.

Ordered, That Mr. Dixon shall have a Pass, to travel into France.

Sir Ralph Hopton's (Ambassador to Spain) Goods protected.

Mathews to take Care of them.

Ordered, That the Goods and Writings of the English Ambassador in Spaine shall be protected in his House here in London, in the Custody of David Mathewes; and that he shall have Protection of this House for his Person, whereby he may be free to follow the Affairs of the said Sir Ralph Hopton, Ambassador in Spaine.

Thomas Jennings and Sir Phillibert Vernatti.

Upon the Petition of Thomas Jenyns Esquire, shewing, "That whereas, by Order of this House, dated the 7th of this Instant April, the Cause between Sir Phillibert Vernatti and John Latch Esquire, wherein the Petitioner is much concerned (fn. 1), and that in Case Sir Fillibert Vernatti (upon Notice given or left where he is (fn. 2) or ought to be a Prisoner) should not then appear, that then the Privilege formerly granted by this House, 30 January, 1640, shall be void, and the Cause to be so afterwards proceeded (fn. 2) in as this (fn. 2) House should (fn. 3) direct; that Notice was left for Sir Fillibert accordingly, as by Affidavit appeareth, and the Petitioner with his Counsel attended; but Sir Phillibert Vernatt appeared not, but, being escaped from the Sheriff of Midd. under whose Custody he was upon a Ne exeat Regnum, is now at Oxford, still labouring to get the said Writ superseded, and so to avoid their Lordships final Judgement.

"The Petitioner therefore desired:

"1. That the Privilege, which Sir Filibert Vernatt hath now had about Two Years, may be re-called.

"2. That a Day may be appointed for the Hearing of the Cause, and Sir Phillibert Vernatt to attend; and, in Default, that the Certificate made by the Auditor authorized by this House may stand confirmed."

Ordered, That this House grants the Prayer of this Petition.

Report from the Committee, concerning the Style of the Clerk of the H. C.

The Lord Conway reported from the Committee, "That their Lordships have taken into Consideration the Satute of 6 H. VIII. Cap. 16. and likewise the Patent of Henry Elzinge; and they find that in 6 H. VIII. in the same Month when the aforesaid Statute was made, there was a Patent granted to Rob't Ormeston, to be Sub-Clericus Parliamentorum ad attendendum super Communes Regni Nostri Angliæ, Damus et concedimus dicto Rob't. Ormston, in tam amplis Modo et Forma prout aliquis Sub-Clericus hujusmodi Parliamentorum habuit &c. So it appears that the Word Sub-Clericus ad attendendum super Communes is ancient: And the Opinion of the Committee is, That the Words in the Bill must of Necessity be altered, being both repugnant to the Statute and the Patent; but they thought the Expression in the Bill might run thus; instead of these Words ["The Clerk of Parliament of the House of Commons"], make it ["Henry Elzinge Esquire, Clerk appointed for the Commons House"]."

Which Alteration this House approved of; and Ordered, That the same shall be communicated presently to the House of Commons, at a Conference.

Message to the H. C. for a Conference about it, and about Sheriff Langham.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To desire a Conference, in the Painted Chamber, by a Committee of both Houses, touching Sheriff Langham, and concerning the Bill for the speedy Payment of Money for the Kingdom of Ireland.

Message from thence, that they may communicate a Letter from Lord Fairfax at the Conference.

A Message was brought from the House of Commons, by Sir Henry Anderson:

To let their Lordships know, that the House of Commons have received a Letter from the Lord Fairefaix, which they desire they may communicate to their Lordships at the next Conference.

Agreed to.

The Answer returned was:

Answer.

That their Lordships are willing to have the Lord Fairefaix's Letter communicated to them at the next Conference.

Heads for the Conference about Sheriff Langham.

The Substance of this Conference concerning Sheriff Langham was to be: "To let them know, that this House hath been informed that Sheriff Langham, before he knew of any Ordinance in the House of Commons against Importation of Currants, he writ to his Factors to lade him some Currants; and, when he heard the said Ordinance was passed, he sent Word they should not be sent; but, before his Letter came to his Factors, the Ship was laded with Currants; and, when the Ship came into England, Mr. Sheriff Langham offered the Master of the said Ship Freight to carry them to Amsterdam, (fn. 4) which he refused to do; so Mr. Sheriff Langham was forced to unlade them here; whereupon the House of Commons made an Order, That he should transport them within Fourteen Days. The Lords, taking this into Consideration, are of Opinion, That, in this Particular, it is equal and just that the said Ordinance of both Houses should not extend to the Prejudice of Mr. Sheriff Langham."

The Messengers return this Answer:

Answer from the H. C.

That the House of Commons will give a present Free Conference, touching the Bill concerning Ireland; and Sheriff Langham.

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

Report of the Conference, about the Style of the Clerk of the H. C.

The Speaker reported the Effect of the Conference: "That, upon a Free Conference with the House of Commons, concerning the Alteration in the Bill concerning Ireland, it is Agreed, That the Words shall run according to the Words of the Statute of 6 H. VIII. Cap. 16. which are thus, ["The Clerk of the Parliament appointed for the Commons House"]."

And this House agreed (fn. 5) that that Amendment should be inserted into the Bill.

and about the Letter from Lord Fairfax.

"2. The House of Commons presented to their Lordships a Letter of the Lord Fairfaix, giving an Account of the Affairs in the North; and the House of Commons desires that there may be a Committee of both Houses appointed, to consider of a Letter to be written to the Lord Fairefaix, to give him (fn. 6) Thanks from both Houses for his good Service done there."

Ordered, To be referred to the Committee for the Safety of the Kingdom.

Lord Craven's House, a Protection.

Ordered, That the Lord Craven shall have a Protection from this House, for preserving his House at Combe, in the County of Warwicke.

Adjourn.

House adjourned till 10^a Lunæ.