House of Lords Journal Volume 6: 25 May 1643

DIE Jovis, videlicet, 25 die Maii.

PRAYERS.

Earl of Manchester, Speaker.

Message from the H. C. for a Conference about Scotch Affairs.

A Message was brought from the House of Commons, by Sir Rob't Pye:

To desire a Conference, so soon as it may stand with their Lordships Conveniency, touching the Answer to the Paper delivered by the Earl of Lyndsey, touching the Scottish Affairs.

Answer.

The Answer returned was:

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Browne, a Pass.

Ordered, That Martin Browne shall have a Pass, to go to Twittnam, in the County of Midd. with his Wife, Four Children, Three Servants, and such Neceffaries as are sitting for them, and to have Liberty to pass to and fro as often as he shall please.

L. Morley, Leave to go to Bristoll, upon giving Bail.

It was moved, "That the Lord Morley desires a Pass, to go to Bristoll, with Six Servants;" and, because he is under a Trial for Blood, this House Ordered, That if the Lord Morley will put (fn. 1) in good Bail to appear before the Lords in Parliament upon Ten Days Notice left at his Lodging in London, then he shall have a Pass.

Message to the H. C. that the Lords may communicate Two Petitions to them;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire, at the next Conference, their Lordships may communicate a Petition of the Earl of Chesterfeild to them.

2. To communicate unto them the Petition of the Archbishop of Cant. for Maintenance.

and with an Ordinance for Concurrence.

3. To desire their Concurrence in an Ordinance to nominate Mr. Corbett to be Parson of the Parsonage of Chartham, in the County of Kent.

Toomes, for Words against the Parliament.

Ordered, Henry Toomes shall attend this House, with the Witnesses that are to prove the Charge against him, for speaking scandalous Words against the Parliament.

Witnesses concerning the Treatment of the Prisoners at Oxford.

The Witnesses that are to be examined concerning the ill Usage of the Prisoners at Oxford were sworn at the Bar. The Names were these: videlicet,

The Messengers return this Answer from the House of Commons:

Answer from the H. C.

That (fn. 2) they agree to receive, at this Conference, what their Lordships shall communicate to them concerning the Earl of Chesterfeild.

And that they do concur with their Lordships in the Order for nominating Mr. Corbett, to be collated to the Parsonage of Chartham. (Here enter it.)

And concerning the Archbishop of Canterburye's Petition, they will send an Answer, by Messengers of their own.

Heads for the Conference about L. Chesterfeild.

The Substance of the Conference was to be, "To desire the House of Commons, that some Course might be taken, to allow the Earl of Chesterfeilde some Maintenance; and, considering the great Inconveniencies he suffers there in regard of his Health, their Lordships Opinion is, That it (fn. 3) will not be inconvenient to permit him to come up to London, upon giving his Word, upon his Honour, to render himself before the Lords in Parliament as a true Prisoner."

Hudson's Petition, for Induction to the Rectory of Eythorn, in Kent.

Upon reading the Petition of Edward Hudson Clerk, complaining, "That the Archdeacon of Canterbury (and his inferior Officers, who were the first and chief Instruments of his Oppression, denying and perverting common Justice, in not giving the Petitioner Induction to the Rectory of Eythorne, Com. Kantii, according to (fn. 3) the Duty of his Office, contrary to all Law, Equity, and Right of the Subject) is yet living, and well able to satisfy the Petitioner for his Sufferings: Therefore desired their Lordships would be pleased to grant a Warrant for the said Archdeacon, James Lambe his Surrogate, and Henry Jenkin his Register, all who are guilty in this Oppression, and by whose Means the Petitioner hath been defrauded to the Value of Two Hundred Pounds per Annum, to appear before this House, that so the Petitioner may have such Relief as (fn. 3) to their Lordships in their Wisdoms shall seem meet."

Archdeacon, &c. of Cant. to attend.

Hereupon this House Ordered, That a Warrant shall be issued out, to summon the said Archdeacon, James Lambe, and Henry Jenkin, to appear before this House forthwith, to answer the same.

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

Report of the Conference about Scotch Affairs.

And the Speaker reported the Effect of this Conference; which was, "That the House of Commons having received a Message from their Lordships, that they do agree with them in the Answer to be given to the Paper delivered in by the Earl of Lyndsey, leaving out these Words ["for divers Affairs concerning the Good of both Kingdoms"]; which the House of Commons having taken into Consideration (fn. 4), do desire that those Words may go as they were brought up first to their Lordships;

1. Because 'tis agreeable to the Necessities of the Kingdom, to vindicate the Parliament from Aspersions which are spread in Scotland against the Parliament, and some Endeavours have been to raise Arms there against this Parliament; therefore, for the Honour of the Committees, that they may have Power to take off these Imputations: And, because these Words are agreeable to Expressions in former Declarations sent into Scotland, they desire those general Words may pass."

This House taking these into Consideration, Ordered, That this House agrees for admitting these Words ["for divers Affairs concerning the Good of both Kingdoms"]. (Here enter it.)

E. of Bath's Petition, either to remain in his present Lodgings, or have Leave to go to The Spa.

Upon reading the Petition of the Earl of Bath, now a Prisoner in The Tower of London; shewing, "That he hath continued in the Lodgings where now he is this Eight Months; but lately he was served with an Order, dated the 13th of May, 1643, under Mr. Corbett's Hand, a Member of the House of Commons, that he should be removed out of his Lodgings; therefore he desires that either he may remain in the Lodgings where now he is, or else that, according to his former Petition to this House, he may be permitted for his Health to go to The Spaw."

Message to the H. C. about it.

Hereupon this House Ordered, That this Petition and the Order shall be sent to the House of Commons, and signified unto them, "That their Lordships are inclined to give Leave to the Earl of Bath to go beyond the Seas, for his Health; and, in the mean (fn. 5) Time, their Lordships hold it fit that the Earl of Bath remain in the same Lodgings where now he is."

And to this Purpose a Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page.

Message from thence, with an Ordinance and Order for Concurrence.

A Message was brought from the House of Commons, by Sir Wm. Armyn:

To desire their Lordships to give Expedition to the Ordinance concerning the ill Usage of the Prisoners at Oxford.

2. To desire their Lordships Concurrence in an Order concerning the Earl of Chesterfeilde, for restoring some Goods taken from Johnson and Hughes, before he be released.

The said Order was read, and agreed to.

And the Earl of Chesterfeild was to be written to, to give Satisfaction to these Persons.

Committee to take Examinations about the Treatment of the Prisoners at Oxford.

These Lords following were appointed to take the Examinations of the Witnesses that are to be examined, concerning the ill Usage of the Prisoners at Oxford:

Their Lordships, or any Three, to meet this Afternoon, at Four of the Clock.

Message to the H. C. about the Scots Papers;

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To let the House of Commons know, that their Lordships do agree with the House of Commons in the Answer to the Earl of Lyndsey's Paper, as it first came up from them.

and that the Lords will proceed in the Examination concerning the Treatment of the Prisoners at Oxford.

2. To let them know, that their Lordships this Morning have sworn all the Witnesses, to be examined touching the ill Usage of the Prisoners at Oxford; and that their Lordships have nominated a Committee of Ten Lords, to take the said Examinations, and have appointed them to meet at Four of the Clock this Afternoon, in the Star Chamber.

Sir Wm. St. Ravy, a Pass.

Ordered, That Sir Wm. San Ray shall have a Pass, to come from Oxford to London safely, and afterwards to go into France, with his necessary Accommodation, and Four Servants, and Six Horses; and that Mr. De Moulins his Brother, who is lately come out of France about Sir Wm. San Ravy's Occasions, shall have a Pass, to go to Oxford, with Two Servants and Three Horses, and return again to London, without Interruption or Trouble.

Archbishop of Cant. to collate Mr. Corbett to the Rectory of Chartham.

"Whereas an Ordinance of both Houses of Parliament passed, on the 16th of this Instant May, directing the Lord Archbishop of Canterbury to forbear to present or collate any Person or Persons to any Parsonage, Vicarage, Prebend, or other Ecclesiastical Promotion, without the Leave and Order of both Houses of Parliament; and that he shall from Time to Time, until his Trial in Parliament, present and collate such fit Person and Persons, to every such fit Parsonage, Vicarage, Prebend, or other Ecclesiastical Preferment, which now are, or hereafter before his said Trial shall become void, as shall by both Houses be nominated to him: Now, forasmuch as the Rectory of Chartham, in the County of Kent (being in the Gift of the said now Archbishop), hath been void by the Space of Five Months last past, by the Death of the last Incumbent, it is Ordered, by the Lords and Commons in Parliament assembled, That the said Archbishop shall forthwith, upon Sight of this Order, collate Edward Corbett, Fellow of Martin College, in the University of Oxford, to the said Rectory of Chartham, in the County of Kent aforesaid, according to the Purport and Direction of the said Ordinance of both Houses of Parliament:"

E. of Chesterfield to restore 120 l. to Johnson and Hughes.

"Upon Information, That Phillip Earl of Chesterfeild, being in open War against the Parliament and Kingdom, did, by himself or some under his Command, about February last, at or near the Town of Litchfeild, by Force and Violence, take away from Richard Hughes, a Carrier, the Goods of Edward Johnson, of Manchester, to the Value of One Hundred and Twenty Pounds, whereby he hath been much damnisied and disenabled to the Service of the Parliament, wherein he hath been and is very forward and affectionate: It is Ordered, by the Lords and Commons assembled in Parliament, That the said Earl of Chesterfeild, now Prisoner, shall not be released, or by any Means exchanged for any other Prisoner, until it doth appear unto the Earl of Essex Lord General, that he have restored unto the said Edward Johnson his said Goods, or else have given him Satisfaction for the Loss he hath sustained thereby."

Answer to a Scotch Paper concerning their Army in Ireland.

"The Lords and Commons in Parliament have considered a Paper, dated the 20th of May, 1643, delivered by the Earl of Linsey, to be presented to both Houses, to which it is Ordered the English Commissioners for the Treaty shall make this Answer, That the Houses of Parliament have often expressed their tender Sense and Compassion of the Wants and other Extremities of the Scottish Army in Ireland, with their very earnest Desire to give Satisfaction to their Brethren of Scotland, by a speedy Relief and Supply, according to the Articles of the Treaty; which being made impossible for them to perform, by reason of the great Burthen and Miseries which lie upon the Kingdom, they cannot give a direct Answer to either of the Propositions mentioned in the Paper, either to continue the Army in Ireland, or to declare that they will no longer entertain it; because, whether the Army be continued or discharged, greater Sums are to be paid than for the present is in their Power to perform: Wherefore they are necessarily inforced upon a Third Way, which is, to send Committees into Scotland, to treat upon these Points, and to propound some other Means than by ready Money to give Satisfaction to their Brethren, in either Case of Continuance or Removal; and, for settling hereof, they do intend speedily to send Committees from both Houses to Edenborough, for divers Affairs concerning the Good of both Kingdoms, which Committee shall receive Instructions and Power to settle this Matter in such a Way as may suit with the present Estate of this Kingdom, and be most satisfactory to their Brethren of Scotland."

Adjourn.

House adjourned till 10^a cras.