DIE Sabbati, 18 die Januarii.
PRAYERS, by Mr. Sallaway.
Ds. Grey de Warke, Speaker.
Answer from the H. C.
Mr. Serjeant Fynch, &c. return with this Answer
from the House of Commons:
(fn. *) That they agree to the Answer to The States Ambassadors; and that it be delivered to them from both
Houses, by Two Lords and Four Commoners; and concerning the Ordinance . . ching the Court of Wards,
they will return an Answer by . . sengers of their own.
Committee to deliver the Answer to The States Ambassadors.
Ordered, That the Lord Admiral and the Lord
North are appoi . . . . . . . . with the Committee of
the House of Commons, to deliver the Answer to The
States . . . . . . .
Countess Rivers's Petition, for Records of the Attainder of the Earl of Somerset, concerning some Lands she is entitled to under that Attainder.
Upon reading the Petition of Eliz. Countess R . . .
. . . . ng, "That she is entitled to divers Manors,
Lands, and T . . . . . . . . . . . . . nty of Essex,
under the Attainder of Robert Earl . . . . . . . .
. . . at of late some Pretence of Title is made, by
the said . . . . . . . . . . lour thereof, a Distress
hath been taken upon some Part . . . . . . . . .
. . . . . . Suit is now depending in the Court of
King's Bench, wh . . . . . . . . . . . . ty for the
Petitioner to have a Copy of the Record . . . . . . .
. . . . . . . . . . . . . maining in the Treasury of
the Court of King's Be . . . . . . . . . . cords of
Attainders being called the King's Secrets there . .
. . . . . . . . . . . . erself in the said Suit: That
the Petitioner coming to the Clerk of the Pleas for
the Crown of the said Court of King's (fn. *) Bench, commonly called The Crown Office, to have a Copy of the
said Record; the Clerks alledge, that the same, with
divers Records of like Nature, are in the Treasury,
locked up under Two Locks, whereof One Key is
with the Attorney General, and the other remaining
in the said Office; and that, without an Order of
Parliament in that Behalf, they dare not break open
the Lock whereof they have not the Key, whereby
to have Access to the said Records, or make any
authentical Copy thereof, nor produce the same if
it should be put in Issue, whether such a Record or no.
"The Petitioner humbly prayeth, that their Lordships would be pleased to provide, that the
Petitioner may have the Copy of the said
Record, to make her Title and Defence in
the said Suit."
The Resolution of the House to be suspended until
Monday next; and then Mr. Justice Bacon to (fn. †) give an
Account thereof to this House.
Mons. De La Salle's Petition, for Letters to him from France, which are detained.
Upon reading the Petition of Monsieur De Sall; complaining, "That he hath a Packet of Letters stayed
and detained from (fn. *) him, which came out of France;
and the keeping of the Letters from him is a Business of very great Inconveniency to him:" Hereupon this House Ordered, That the said Packet of
Letters be brought, and delivered to the Clerk of the
Parliament; and then this House will give further Directions herein: And it is further (fn. *) Ordered, That
the Clerk of the Parliament shall open the Packets; and
if any be directed to the Lord Bruce, he shall deliver
Petition of the Inhabitants of Watton, for Mr. Wells to be their Minister.
Upon reading the Petition of the Inhabitants of
Watton, in the County of Hertfordshire; shewing,
"That whereas one Mr. Inglesby, who for his Malignancy was sequestered from the said Living by Judgement of this House; and one Mr. Wells, an able and
orthodox Divine, was put in by Way of Sequestration, to supply the said Place; the said Mr.
Inglesby being now dead, they desire that the said
Mr. Wells may be presented to be their Minister."
Hereupon it is Ordered, That it be recommended
from this House, to the Patron of that Living, that
the said Mr. Wells may be settled Minister to the said
Parish of Watton.
Or . . . . d, That all Proceedings in the Court of
Common Pleas, or elsewhere, . . . . . . . stayed until
this House gives further Directions therein.
Papers from the French Minister.
Next, Four Papers were read, presented to this House
from the French Agent. (Here enter them.) And it is
Ordered, to communicate them to the House of Commons, and desire their Concurrence, the Consideration
thereof may be referred to the Committee that treats
with The States Ambassadors; and the said Committee
to have Power to call such Persons (fn. ‡) before them as
they conceive fit to give true Information touching the
Particulars, and report to the House what they think
fit to (fn. *) be given by Way of Answer to them.
Message to the H. C. to refer them to Committees; and to refer the Report concerning The States Ambassadors to the Committee of both Kingdoms.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To deliver to them the Papers read this Day, concerning the Complaints of the French Resident; and to desire
their Concurrence, that the Consideration of the Four
Papers may be referred to the Committee that treated
with The States Ambassadors; and to have Power to
send for such Persons as they think fittest to give them
Information concerning the Particulars, and to make Report thereof to this House.
2. To desire their Concurrence, that the Report made
from the Committee that treated with The States Ambassadors, concerning Free Trade with Foreign States,
may be referred to the Consideration of the Committee
of both Kingdoms, and make Report thereof to the
Paper from the French Minister, concerning the Difficulties and Obstructions he has met with, in endeavouring a Mediation between the King and the Two Houses; complaining of the Acts of Hostility in seizing the French Ships; and desiring Justice to be done to the D. D Espernon and Mons. De La Salle.
"To the Most Noble and Most Honourable
Lords of Parliament of England, &c.
"Seeing the Difficulties, which from you the Master
of your Ceremonies shewed unto me (still greater,
and no where used) have of late bereaved me of the
Means (as formerly) to present myself Personally
before you, in the Name of the King my Master, as
it becomes His Greatness, so that I cannot come to
execute His Orders, about His good Intentions, and
the Complaints of His Subjects against the Disorders
of the Sea, except I do it in Writing; therefore, to
satisfy both Sides, I will tell you,
"That, at my Departure out of France, Their most
Christian Majesties commanded me, First, to shew
my Duties to the King of Greate Brittaine, assure
Him of their constant Affections, and to take Knowledge how He stood affected to the Peace, to exhort
Him to it, and so by all possible Means to stop the
Course of Desolation of His People; and, to the
same End, to offer their Mediation, and most affectionate Endeavours, agreeable to their Neighbourhood, near and ancient Alliance; and, as soon as I
should be come back to London, to salute in Their Name
you also, my Lords, and use all Offices with you,
inviting you to an Atonement of Hearts and Minds
with His Majesty of Greate Brittaine, whose Interests
Their Majesties do judge so much tied to that of His
Parliament, as that it is inseparable; whereby, being
atoned for the Re-establishment of the Peace, you
might save this whole Estate from the Mischance of
a War, thereof the Accidents can rather cause a
Lingering and Lasting than an End; and therefore to
offer you the Cares and sincere Mediations, which
(fn. *) Their Majesties are ready to yield, as well for the
Interests and Neighbourhood they have in your Fortunes, as for the Good and general Quietness of His
"The King of Greate Brittaine then, well satisfied
with the Office, did shew a very earnest Disposition
to whatsoever might serve to restore a good Confidence, assure the Liberty and Privilege of the Parliament, the Laws and Customs, and ease His People;
and gave me, to be by me presented unto you, in
Writing, all what might get Credit of His good Intention, as at Length you have seen, by the Copy
His Majesty sent unto you, being informed that I
could find no Disposition in His Parliament fruitfully
to receive what His Majesty had intrusted me with;
to which, by the King my Master's Order, I was to
add His own Instances, with a Letter I had from
Him: But the Impediments I found to deliver the
same, and to have Audience in the Name of both
the Kings, did inforce me to send back to His Majesty His Letter, and to restore to the King of Greate
Brittaine also His, with the Reasons and Hindrances
for which I could not deliver them to His Parliament; even then I did believe the Difficulties did
proceed from an Intention to give Ear to no Mediation, before the Propositions were sent to His Majesty.
"But now, since it is done, and His Majesty of
Greate Brittaine seeks out all Means to satisfy
both Parties, and to free all Minds from Diffidence,
and to end all the Miseries; therefore, my Lords,
to perform my Duty here, and to obey the Orders
of Their most Christian Majesties, to make Use
of all Occasions to advance the Service of both
Sides, I will not lose that which Their intended
Conference offers, but rather in Their Names in
vite you, to contribute as much on your Side, as
the King of Greate Britaine doth on His, for a true
Re-union, by which His People may look for an End
of these Calamities; and so to contribute to the
Quietness of these Kingdoms, and to the Mediation of
Their Majesties Their Acknowledgement; and They
will be ready to warrant whatsoever shall be agreed
upon by both Sides by Their Mediation, trusting in
the King's Bounty and Sinoerity, and in His Parliament's Wisdom and Probity, who are not ignorant
that no Peace can be firm unless both Parties do find
their Honour and Interest warranted.
"But, most noble and most honourable Lords,
whilst the King my Master keepeth an exact Neutrality between both, and thinketh on nothing so much
as the procuring of their Quietness, you cause His Subjects to feel the most rigorous Effects of the War, it
seeming that the Men of War on both Sides do equally
conspire against them, since that there are more Ships
taken, and more Acts of Hostility committed against
the French Merchants, than you have committed against
one another, as if their Ruin should serve for Fuel to
the Flame, which France desireth to quench: Yet
there is this Difference, that the King, upon the
Complaints which the Merchants have brought to His
Ears of their Losses, hath given present Order for
their Restitution; but, for these Six Months, they
could not procure any Action of Justice from their
Committee, what Assistance soever they had from
me; nor myself, my Lords, get ever any Answer
from you, at the Instance which I made to you
in Writing, in the Name and by express Order from
the King my Master, for the Restitution and Reparation of Wrongs done to His Subjects, to the Prejudice
of Trade agreed upon between them and those of
"Your Silence, my Lords, in the Reparations of the
Wrongs, in the Liberty and Re-establishment of Trade
equally throughout all England, as His Majesty of
Greate Brittaine, who had more Reason to refuse it
than the Parliament, hath already consented to it, followed daily with new Prizes, of which you confirm
their Confiscation, and our Gazettes do publish them,
which have given Cause to the Subjects of the King
my Master to make new Complaints. His Majesty,
by Letters of the 25th of November, hath commanded
me to renew on His Part my pressing Instances, for
the Reparation generally of so many received Wrongs,
and particularly that of Monsieur Samborne, as well
for the Merchandizes of which he could have no
Justice, as for the Liberty of his Brother and their
Associates, and the Restitution of their Ships and
Goods lately detained in the Island of Gernesey, as it
appeareth by his Petition, and of other Merchants
who have brought me their Complaints, the which I
have sent to the Committee of the Navy and to the
Admiralty, without obtaining any Justice or Answer
to their Petition, after One Month's Soliciting, and
seconded by my Instances every where, which forced
them to retire, to make their Report in France, there
to seek Justice and Reparation, which had been refused to them here.
"The Merchants, my Lords, have the Safety of Trade
only from the Public Faith, and do take their Princes for Warrants for the Wrongs that they receive
upon the Faith of their Treaties; and the King my
Master from henceforth cannot impute their Silence,
their general and particular Denial of Justice, the
Prizes, Violences, and continual Confiscations, since the
Instances made in His Name, but to visible Breaches
of Treaties of Peace and Alliance between the
Two Kingdoms; and, as He hath no greater Passion
than to maintain them, He would not willingly be
forced to make Use of such Means as are in His
Power to right His Subjects, which His Majesty nevertheless hath deferred, as you shall see by His Letter, until He understands by my Answer whether there
be any Hopes of Reparation of Damages, and Answer
to the Instances made in His Name for the Trade.
"Since the foresaid Letter of His Majesty, He hath
honoured me with another, of the 10th of December,
in Favour of the Duke of Espernon, who hath requested Him to use His Name to the Lords of this Parliament, for the obtaining of Justice, and in the mean
Time that He would demand Liberty for Mr. Peter
De La Salle, French Merchant, Prisoner, condemned
with the said Duke of Espernon, most unjustly, and
contrary to their ordinary Form, that he may appear before you, or such as you shall appoint, to debate the Question of the Fact and of Right; (fn. *) it will
clearly appear by his Petition, where the Wrong is
visible, and Injustice done to the said Duke as Principal, and to De La Salle as Caution, condemned to
pay (fn. †) a Thousand Five Hundred and Forty Pounds
Sterling, by reason of a Ship of London, named The
Unity, in the Taking and Retention of which, in the
Year 1638, the said Duke was not present, nor had
any Share of her, so that he could not warrant her,
as you may fee in that Letter which the said Duke
hath written to me, of the 24th of December, which
Ship was judged lawful Prize in France by the Council of the Admiralty, by reason of her ill Carriage;
after which, the Parties interested having had Recourse to the King and His Council of England for
Letters of Marque, Monsieur De Belieure, then French
Ambassador, gave Satisfaction to the said Council.
"Therefore, my Lords, may it please you, at the
Instance of Their Majesties, to do Justice to the said
Duke of Espernone and his Surety, to discharge them
by a Decree and in the mean while to set at Liberty
the said De La Salle, who suffered great Losses because he cannot follow his ordinary Trading, which
will increase his Pretention of his Damages and Interests against the said Duke; expecting that, by the
Review of the Process in France, if the Parties interested desire it; in which the said Duke of Espernone
will assist them willingly, Their Majesties may repair
the Damages of the English Merchants (if it ought to
be done); the Discharge of the said Duke, and by
Consequence that of the said De La Salle, being not
to be questioned, by reason of the Manifestation of
the Truth of the Fact and being contrary to the manifest Usage and Custom of this Country, as soon as
it shall please you to grant unto the said De La Salle
a Review of this Business, which hath been refused to
"This is that which I have Order, my Lords, to ask
of you from Their Majesties, with this Regret which
I have, that, being on this Side appointed to do you
Service, and to contribute from Their Majesties towards the Re-establishment of the Peace in this State;
the Excesses by Sea, the continual Denial of Justice
to the French, and your Silence in clearing to His
Majesty what was the Intention, which hath hitherto
appeared only in the Taking of Ships and Merchandizes, and Persecution of His Subjects, which have
caused all those Complaints which have been made
unto Their Majesties, and which I now make in their
D. D'Espernon's Petition to the French King, to direct His Minister a London to solicit the Parliament there, to give him Relief, in a Suit against him and his Sureties, De La Sale, &c. by Pickering & al. for a Ship of theirs, called The Unity, taken at The passage near St. Sebastian's.
The Duke of Espernon's Petition to the King
and the Lords of His Council.
"To the King and the Lords of His Council.
"The Duke D'Espernon most humbly representeth
to His Majesty, that, in the Year 1638, the French
Army under the Command of the Prince of Conde
having besieged Fontarabie, a Part of the said Army
was sent by Land, by Order of the said Prince, under
the Conduct of the Duke of D'Espernon, and others,
to take the Place and Port of The Passage near St.
Sebastians, appertaining to the King of Spaine; and
that the Lord Archbishop of Bordeaux, General of
the Navy, went also thither by Sea, with his Fleet,
where, amongst divers Gallies and other Vessels which
there were taken, was One Ship of London, called
The Unity, whereof one William Rand was Master,
who likewise was taken and brought to the Port of
Soccoa, near St. John De Luz, in France.
"Whereupon the said Master of the Ship, both for
himself and in Behalf of his Consorts that were interested in the said Ship, who are divers Citizens of
London, videlicet, James Pickering, Robert Tockly, George
Prior, Phineas Andrew, Thomas Smith, David Davison,
Samuell Andrew, presented a Petition to the said Prince,
and to the Archbishop of Bordeaux, for the Releasement of the said Vessel, as an English Ship; but, after many Solicitations and Instances made in several
Places of France, it was judged a lawful Prize by
the Council of the Admiralty; and, in Consequence
of the said Judgement, she hath served, and doth
serve still at this very present, Their Majesties, according as the Lord Archbishop of Bordeaux hath
certified by Writing.
"When they saw themselves frustrated in their Requests in France, they took their Refuge to the King
and to the High Court of Parliament of England, for
obtaining Letters of Reprizals, whereby they might
seize upon the Goods of Frenchmen: But Monsieur
De Belieure, who was then Ambassador for the King,
having gotten Notice thereof, gave full Satisfaction to
the Council; and made it appear, that the said Ship
had not fairly dealt, and that therefore it was judged
to be a lawful Prize; so that the said Citizens could
obtain nothing in their Proceedings, and were sent
back, as having no Right to claim that Way.
"In the Year 1642, making Use of the King's Absence from London, they resolved to indent their Action against the Duke D'Espernon and De La Valette,
who all this while (during the Space of Four Years)
did dwell at London, without having been disquieted
at all, or ever heard the least Thing spoken of this
Business; and indeed they caused him to be arrested
as Prisoner, concerning an Action of Fifteen Thousand
Pounds Sterling; pretending that the said Duke was
Commander in Chief of those Forces which took the
said Place of The Passage, and that it was he that took
the said Ship, and promised Satisfaction for the same,
and the Freight; which is a Misinformation of theirs,
in regard it is manifest and known to every one, that
the said Duke was not present at the Taking of the
said Place of The Passage, nor then General of those
Armies, either by Sea or Land.
"And, to get out of Prison, he hath been constrained to appoint for his Caution and Surety Peter De
La Salle and Peter Mathew, French Merchants, both
residing at London, to represent his Person, or pay
(provided the Indemnity of the said Duke) the Sum
which he should be condemned unto.
"Whereupon, the said Duke being gone for France,
the said Mr. Pickering and his Consorts did prosecute
in the Court of the King's Bench the Judgements of
the said Cause, where the Jury was called, which is
an Assembly consisting of Twelve Men chosen for
the hearing of Parties and Witnesses, who, instead
they should have been Half of them French and Half
English Men in the like Case, and Persons of known
Probity, were most of them mechanical, and One
but One Frenchman, was a Taylor; notwithstanding
that the said Peter De La Salle and Peter Mathew
made their Complaints against it, and required the
Substitution of qualified and understanding Persons.
"Which Jury (upon the Deposition of Two Witnesses, being Seamen, who were examined in the said
Court of the King's Bench, and said that the said
Duke had taken the aforesaid Vessel in the said Place
of The Passage, and promised Satisfaction for the same
and the Goods, and that this Promise was made in
the French Tongue, which these Witnesses themselves
confessed they could not speak, but understood it
by the Means of an Interpreter who was there present), made his Report unto the Judge, upon the
unjust Deposition, that he found that the said Duke
ought to be condemned to pay the said Pickering and
his Company the Sum of Eight Thousand Five Hundred Pounds Sterling in Capital, and (fn. *) One Hundred
and Forty Pounds Sterling for Charges, amounting
altogether to Eight Thousand Six Hundred and Forty
Pounds Sterling, for their Indemnity; whereupon the
said Judge gave his Judgement both against the said
Duke, and the said Peter De La Salle and Peter Mathew, being Sureties, according to the Report made
by the said Jury: After this, according to the ordinary Course of Justice in such Cases, the said Peter
De La Salle and Peter Mathew would cause Revisions
to be made of the Process, by a Civil Petition, called
in English, Writ of Error; but they were rejected.
"Notwithstanding they made all the Instances that
may be imagined before the Lords Commissioners of
the Great Seal kept by the Parliament, for the renewing of a Commission, to examine the Witnesses in
France, and withall to cause some to be heard, that
accidentally were then at London, who were then at the
Place of The Passage when it was taken, and do know
that the said Duke was not there present; yet their
just Demands were denied, and they were excluded
both from this Court and the Chancery: Insomuch that
the said Duke was condemned before they would
hear any of his Witnesses.
"In the Month of January, 1643, the said Peter De
La Salle was arrested as Prisoner, at the Solicitation
of the said Pickering and his Company, and hath been
still detained there since that Time, the Adversaries
having obtained Execution against the said Duke and
his Sureties, for the Payment of the said Sum of
Eight Thousand Six Hundred and Forty Pounds Sterling; which is a Vexation wrongfully laid upon the
said Peter De La Salle, which hath caused the Loss
of all his Correspondencies, and will be his total Undoing and Ruin, unless he be speedily set at Liberty,
and which will turn to the said Duke's great Prejudice, except Their Majesties be pleased to write to
Monsieur De Sabran, Their Resident in England, to procure the Release of the said Peter De La Salle, considering that the said Duke D'Espernon (as it was said
before) hath never been present at the Taking of the
said Vessel, nor had any Share thereof, for the Reasons afore alledged.
"Wherefore the Duke D'Espernon most humbly
petitioneth Their Majesties to take into Consideration that which hath been above said,
and to give Order to write in Their Names to
Monsieur De Sabran, Their Resident in England, to procure from the Parliament an Ordinance of Discharge, both for the said Duke
D'Espernon, and the Liberty of the said Peter
De La Salle his Surety; whilst Their Majesties (if it be thought expedient) may cause
to ordain the Indemnity of the said English
Merchants, as well for the said Vessels, as for
the Merchandizes that were found therein,
and taken out of it; and the said Duke D'Espernon shall continue more and more his most
humble and faithful Services, which he oweth
to Their Majesties."
Sambornes, French Merchants, Petition to their King, about Vessels, &c. taken by the English.
Petition presented to the King from the Merchants.
"To the King's Majesty and the Lords of His Council.
"May it please Your Majesty,
"Michal, Richard and John Samborne, French Merchants and Consorts, most humbly remonstrate to
Your Majesty, that, according to the Treaties of
Peace and Alliance betwixt Your Royal Predecessors
and the Kings of England, and the Renewing and Ratification of the same, whereby the Liberty of the
Traffic is granted and permitted to all the Subjects
throughout the whole Extent of the Dominions of
both Kingdoms; Your Petitioners, continuing their
Traffic and Trading, have caused be laden, in the
Month of March, 1643, in a Ship called The Rainbow of Tophan, Fourteen Bails of Serge, to be transported to the Town of St. Malo; Two Sacks of Conitchnille, and a great Number of Bone-lace, in a
Vessel called Marie De Lunes, to deliver them at Exceter; Threescore and Two Bails of Cloth and Stockings, with Abundance of Lace, in a Vessel of Hambourg; which Ships having met at Sea, at several
Times, with Men of War of the River of London, were by them taken, the Furniture and Appurtenances pillaged, and the Money of the Merchants,
and the Apparels of the Mariners, plundered and
robbed, the Merchandizes of Your Majesty's Petitioners seized upon and arrested by the Officers of the
Admiralty of London, where, by a manifest Breach
of Treaties of Peace and Confederacy, the said Merchandizes have been declared to be confiscate; against
which Breach and notorious Injustice done, by not
hearing the Parties that were interested, Your Majesty's Petitioners have not only sought Relief, but
also the Company of the English Merchants trading
into France have presented divers Petitions to the
Judges of England, to whose Judicature the Matter
did belong, to procure for them a Releasement; which
when they could not obtain, Monsieur De Sabran,
Resident for Your Majesty in England, hath made his
Complaints and Remonstrances to the Parliament,
which, by a real Denial of Justice, hath made them
fruitless: Since, Your Majesty's Petitioners having
caused to be bought in the Western Country a
great Quantity of Pewter, to send into France, the
Inhabitants of Plymouth, continuing in the same Ways
of Hostility, have taken from them Fifty great Salmons, to transport them to the said Town: And Six
Weeks since, John Samborne, your Petitioners Brother, being necessitated, for saving of his Life from
the Violence of those People, to retire himself, and
to leave and to abandon to them Your Majesty's Petitioners Goods, hath passed into this Kingdom in a
French Ship, which, by contrary Wind, being driven
and cast into the Islands of Garnezey, the Governor
of that Island hath arrested and put the said John Samborne into a close Prison, where he is at this present;
and taken, or caused to be taken, Fourthly, Three
Bails of Cloth, and other Merchandizes, appertaining to Your Majesty's Petitioners: All which Pillage
and Plundering committed by the said Englishmen, the
Retention of the foresaid Goods and Credits of Your
Majesty's Petitioners, amount to above Three Hundred Thousand Livers; which hath caused so great a
Loss and Undoing in their Trade and Credit, that
they and their Family are reduced to extreme Beggary, unless Your Majesty be pleased to relieve them
by Your Royal and Gracious Assistance, ordinarily requisite in such Cases."
"Copies of the King and the Duke of Espernon
their Letters to Monsieur De Sabran.
French King's Letter to Monsieur Sabran, His Minister here, to desire Reparation for these Seizures.
"Copy of the King's Letter, of the Date of 26
November, 1644, to Monsieur De Sabran.
"Monsieur De Sabran,
"Complaints being made to Me, by Richard and John
Samborne, French Merchants, that, to the Prejudice of
the Trade granted and permitted between My Subjects
and those of England, those of the Party of the Parliament of London have arrested Two Vessels of theirs,
laden with Merchandizes, which were also immediately
confiscated; and, they having required Justice for it from
the Parliament of England, you had assisted them in
their Prosecutions, but could obtain no Justice, neither
they nor you, although you used My Name and My
Instances; but they, to the contrary, continuing their
Pillage, have moreover taken from the said Merchants
a great Quantity of Pewter, and retained the said Samborne himself Prisoner: And, being not able to suffer
any longer such a Breach of the Treaties of Peace
and Alliance betwixt Us and the Kingdom of England,
I write to you these Presents, by the Advice of the
Queen Regent My Lady Mother, to tell you, that you
shall reiterate your quick pressing Instances, in My
Name, for the Releasement of the said Prisoner, and
the Restitution of all their Merchandizes and Goods,
as also of all others which they detain from other Merchants, who do deliver to you their Memorials; and in
case they persist to deny to do Justice to My Subjects,
I shall be forced to use such Means as lie in My Power
to deliver them from this unjust Persecution; which,
nevertheless, I will delay till such Time that I may
learn by your Answer, whether those of the Parliament will give Way for the Reparation of the Damages done to the said Merchants, wherein I desire you
to employ all your possible Endeavours; and in the
mean Time, I pray God may keep and protect you.
"Given at Paris, the 26 November, 1644.
The Inscription was,
"A Monsieur De Sabran,
& plus bas
Counsellor of My Council
of Estate, Resident in My
Service in England."
French King's Letter to Monsieur Sabran, about the Duke D'Espernon and Monsieur De La Salle's Business.
"Copy of another Letter from the King, to Monsieur
De Sabran, from the 10 of December, 1644.
"Monsieur De Sabran,
"Several Matters have been represented to Me by
My Uncle of Espernon, which conduce to the Enlargement and Liberty of the De La Salle, French Merchant residing at London, who became formerly his
Surety for the Sum of Eight Thousand Six Hundred
and Forty Pounds Sterling: But whereas all his Reasons are deduced according to the Memorial here inclosed, and you shall be informed herein at large concerning the Truth of this Business, I write to you
this Letter, by the Advice of the Queen Regent My
Lady Mother, to tell you, that, My said Uncle being a Person to whom I bear a singular Affection, I
will and desire you to negotiate as much in his Favour as shall lie in your Power, that the said Peter
De La Salle, his Surety, may be restored to his full
Liberty, and discharged from the Payment of the said
Sum of Eight Thousand Six Hundred and Forty
Pounds; wherein you shall omit no Care, Services,
and Instances; this present tending to no other Effect.
I pray God to keep and protect you.
"Given at Paris, the 10 of December, 1644.
Duke D'Espernon's Letter to Monsieur Sabran, about the same.
"Copy of the Duke of Espernon's Letter to Monsieur
De Sabran, from the 24th of December, 1644.
"If you were not already informed concerning the
Troubles I had in England, because of an English Ship
which was taken at Fountarabie, and the Vexation that
is befallen at this present to Monsieur De La Salle,
which hath engaged himself for me as a Surety, I
would entertain you with a long Discourse about it.
But being since you are sufficiently informed in the Business, I will content myself to entreat you, that you
would do all your Endeavours for the obtaining of
Mr. De La Salle's Releasement, and to effectuate so
much as shall lie in your Power the Good-will and Intentions His Majesty sheweth in Behalf of this Business, by the Letter He hath written to you to that
Purpose. You will lay a great Obligation upon me,
which shall never be forgotten; and will seek with all
Diligence and Care, all possible Means to acknowledge
it with Thankfulness. In the mean while, I beseech
you to believe me, that I am, Sir,
From Bordeaux, the 24
"Your most affectionate Servant,
"Le Duc D'Espernon.
"P. S. In case you cannot obtain the Liberty
for the said Mr. De La Salle, I beseech
you to take an Act of Refusal, and to do
me the Favour to send it to me."
Ordinance to enlarge the Time for Sir Thomas Mallett to procure Sir J. Temple to be exchanged for him.
"Die Sabbati, 18 Januarii, 1644.
"Whereas Sir Thomas Mallett Knight, One of the
Justices of His Majesty's Court of King's Bench, did,
in the House of Peers in Parliament at Westminster, the
Sixth Day of November last past, acknowledge One Recognizance of Three Thousand Pounds, conditioned as
by the Records of the House of Peers may better appear; and whereas it appeareth, by the said Recognizance and Condition thereof, and an Order made by
their Lordships in the said House of Peers, and recited
in the said Condition, that the said Sir Thomas Mallett
was enlarged of his Imprisonment, to procure and get
Sir John Temple Knight, then Prisoner in Ireland, to
be exchanged for him the said Sir Thomas Mallett;
and that, in case the said Sir Thomas Mallett could
not, within Three Months after such his Enlargement,
procure the said Sir John Temple to be enlarged of
his Imprisonment, that then the said Sir Thomas Mallett should, within Twenty Days after the said Three
Months expired, return and appear in the House of
Peers, and submit himself to their Imprisonment again;
provided always, and the Intent and Meaning was, and
so ordered, That if, by reason of Wind or Weather,
or other Casualty or Exigent whatsoever, the said Sir
John Temple could not be sent for out of Ireland, or
could not come out of Ireland, so speedily as aforesaid, that then the said Sir Thomas Mallett should remain no longer in Prison after his Return, than until
it should appear that the said Sir John Temple is enlarged; and that then the said Sir Thomas Mallett
should have his Liberty, and should be absolutely freed
and discharged of his said Imprisonment, and be at Liberty to go where he should think fit, or desire; and forasmuch as their Lordships were now informed that the
said Sir Thomas Mallett hath procured His Majesty's
Warrant for enlarging the said Sir John Temple, but
yet he cannot make it appear whether the said Sir John
Temple is or will be enlarged within the said Three
Months, but he hopeth to procure his Enlargement,
if he have further Time for the doing thereof: It is
therefore now Ordered, by the Lords in Parliament,
That, in case the said Sir Thomas Mallett shall, within
the Space of One Month more after the said Three
Months ended, procure the said Sir John Temple to be
enlarged of his Imprisonment, that then the said Sir
Thomas Mallett shall be absolutely freed and discharged
of his said Recognizance, and the said Recognizance
be vacated; but, if he shall not do the same, then if he
shall, within Twenty Days after the said One Month
more after the said Three Months ended, return, and
appear in the said House of Peers, and submit himself
to their Imprisonment again, that then the said Sir Thomas Mallett shall incur no Prejudice or Damage by his
not performing the said Condition of the said Recogninizance; but the same shall be as effectual and beneficial for him, to all Intents and Purposes, as if he had
literally performed the Words of the said Order and
Condition; any Thing in the said Condition, or Order
therein recited, to the contrary in any Wise notwithstanding."
House adjourned till 9a, Monday.