JOURNALS OF THE HOUSE of LORDS.
Anno 21 Caroli Regis, 1645.
Die Saturni, 22 die Novembris.
Prayers, by Mr. Warde.
Ds. Grey de Warke, Speaker.
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Comes Northumb.
Comes Essex.
Comes Rutland.
Comes Manchester.
Comes Warwicke.
Comes Sarum.
Comes Lyncolne.
Comes Nottingham.
L. Viscount Say & Seale.
Comes Kent.
Comes Bolingbrooke.
Comes Midd.
Comes Denbigh. |
Ds. North.
Ds. Willoughby.
Ds. Robertes.
Ds. Mountague.
Ds. Maynard.
Ds. Bruce.
Ds. Howard.
Ds. Berckley.
Ds. Wharton. |
Grove, a Prisoner to this House, ordered by the Speaker of the H. C. to be released.
The House was informed this Day, of "a Warrant,
under the Hand of the Speaker of the House of
Commons, to will and require the Gentleman Usher
of this House to deliver forthwith Thomas Grove, a
Prisoner in his Custody, at Liberty; he being a Servant to Mr. Gurdon, a Member of the House of Commons."
This Thomas Grove being committed to the Custody
of the Gentleman Usher of this House by Order of this
House, the House apprehended this Warrant to be a
Violation of the Privileges of this House; and Resolved,
To have a Conference with the House of Commons
about it; and these Lords following were nominated,
to consider and draw up what is fit to offer at this Conference:
Committee to prepare Heads for a Conference about it.
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Comes Northumb.
Comes Warwicke.
Comes Manchester. |
L. Viscount Say & Seale.
L. North.
L. Robertes. |
Message to the H. C. for it.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To desire a Conference, in the Painted Chamber,
concerning one Grove, a Prisoner under the Gentleman
Usher of the Black Rod.
The Speaker acquainted this House with a Letter he
hath received from Prince Rupert; which was read, as
follows:
Letter from Prince Rupert, with Proposals in Behalf of himself, his Brother, and some Officers under him.
My Lords and Gentlemen,
Whereas I made my former Address unto you by
Lieutenant Colonel Osborne, who had Instructions to
deliver what were my farther Desires; and conceiving that perhaps the Manner of the Representation
might not be so acceptable, I have now made this immediate Application unto you, and have sent these
my Desires, from which I conceive myself in Honour
ought not to recede, being Demands suitable to a
Person of my Quality, and would not be denied to the
meanest General in other Nations: And for the Particular of our coming to London (mine own and their
Conveniencies necessarily inducing us thereunto), I shall
engage my Honour, for myself and such as shall accompany me, that we shall do nothing prejudicial to
the Parliament; so, in Expectation of your Answer, I rest
Worcester, Novemb. 17, 1645.
"Your Friend and Servant,
Rupert.
For the Right Honourable the Lords
and Commons assembled in Parliament. These, at Westm.
The Proposals.
The Desires of his Highness Prince Rupert, Prince
Maurice, Lord Hawley, Lord Gerrard, Sir
Ric'd Wyllis, and such other Gentlemen and
Commanders as are now with them.
1. To have an ample and free Pass, for themselves
and their Retinues, with their Horses, and all other
necessary Accommodations, to go beyond the Seas,
or else to stay in such Parts of the Kingdom as they
shall think fit, they being no Ways active against the
Parliament, by bearing of Arms, or otherwise.
2. That there be a convenient Caution given, and
Course taken, that neither they, nor any of their Retinues, be questioned by the Parliament, for any Act
or Thing done by them, from before the Beginning
of this War; and that they may be restored to the
same Condition they were in before it began, and
have all Sequestrations taken off; and that they may
live quietly at their Houses, without Molestation, if
any of them shall make that Election.
3. That no Oath be tendered or imposed upon any
of them, or further Engagement, and that Liberty
may be granted to such as shall desire it, to pass to
London, to settle then Businesses for their Conveniencies Abroad
4. That a List be taken, by an Officer appointed
by the Parliament, of all such Persons Names as shall
be intended or included in these Demands, and that
it may be done at Banbury
To these Demands they do desire there may be
an Answer returned, and, if it be possible
or convenient, that it may be by the 27th of
this November, 1645
Rupert
Answer to them
The Sense of this House upon these was, "That
this House thinks it not fit to recede from what was
formerly agreed upon by both Houses of Parliament, and sent by then Messenger Mr. Edward
Pickering If this be not accepted of, this House
doth think fit to recall the said Mr. Pykering within
Fourteen Days"
Message from the H C with an Ordinance
A Message was brought from the House of Commons,
by Mr. Sam Browne, &c
To desire their Lordships Concurrence in an Ordinance for disabling the Judges that have deserted the
Parliament
Read Twice
The Answer returned was
Answer
That this House will take this Message into Consideration, and send an Answer by Messengers of their
own
L. Gorge a Pass to France
Ordered, That the Lord Gorge, with Four Servants,
shall have a Pass, to transport himself into France
Lieut of The Tower sent for, for not allowing the M of Winchester & Servant to attend him
The House being informed, as a Complaint of the
Marquis of Winchester, "That his Servant is not permitted to give his Attendance upon him in The Tower,
according to the Order of this House"
Hereupon this House Ordered, That the Lieutenant
of The Tower shall attend this House on Monday Morning next, to shew Cause why the Marquis of Winchester's
Servant is not permitted to attend him according to the
Order of this House.
Heads for a Conference about Grove
The Lord North reported from the Committee, what
they have conceived fit to be offered at the next Conference with the House of Commons, concerning Grove,
which was read, and Agreed to
This Conference is desired, that the good Corre
spondency between both Houses may be continued
Whereas a Warrant is granted, under the Hand of
the Speaker of the House of Commons, directed to
the Gentleman Usher of this House, in hæc verba,
(videlicet,)
By virtue of an Order this Day made by the
Commons assembled in Parliament, these are to will
and require you, upon Sight hereof, forthwith to release the Body of Thomas Grove (Servant to Mr
Gourdon, a Member of this House, and by him avowed
to be his Servant), who is now in your Custody, from
any further Restraint, his Detention being contrary
to the Privilege of Parliament And this shall be
your sufficient Warrant Dated the 22 of November,
1645
"Wm Lenthall, Speaker
"To Mr Thayne, Gentleman Usher of the House of
Peers, his Deputy, or Under Officer
Which Warrant being directed to the Gentleman
Usher of this House, under the Hand of the Speaker
of that House, without either Message or Conference
with this House, the Lords do conceive it to be a
Breach of their Privileges
The Lords shall always be ready to maintain all
your just Privileges as their own, only they desire a
due Proceeding mutually between us in the Manage
ment of it"
Message from the H C with an Ordinance, and concerning those about Plymouth and Artificers
A Message was brought from the House of Commons,
by Mr Tate, &c
To let their Lordships know, that they agree to the
Alterations in the Ordinance concerning the Five
Thousand Pounds for Plymouth (Here enter it)
2. To desire Concurrence in an Ordinance for the
City of Bristoll
3. That, at the next Conference, the House of Commons may communicate to this House some Things
concerning the Alterations sent down to them in the
Ordinance concerning Artificers.
Agreed to
The Answer returned was
Answer
That this House agrees to have imparted to them, at
the next Conference, the Alterations concerning the Ordinance for the Artificers To the rest, this House will
take them into Consideration, and send an Answer by
Messengers of their own
Message from the H C to proceed against of Stamford,
A Message was brought from the House of Commons,
by Sir John Evelyn Knight, &c
1. To desire that their Lordships would proceed
against the Earl of Samford, upon the Impeachment
of the House of Commons
with Name of High Sheriffs for Counties
2. To desire that Rivett Eldred Baronet may be High
Sheriff of the County of Suffolke, and that the Com
missioners of the Great Seal do grant him a Patent for
Sheriff, in Form usual, accordingly
Agreed to
3. That Frances Clynton, alias Fyenis, may be High
Sheriff of the County of Lyncolne, and that the Com
missioners of the Great Seal do grant him a Patent for
Sheriff, in Form usual, accordingly
Agreed to
4. That Edward Clarke Esquire may be High Sheriff
of the County of Oxon, and that the Commissioners of
the Great Seal do grant him a Patent for Sheriff, in Form
usual, accordingly
Respited
The Answer returned was
Answer
That this House will send an Answer, by Messengers
of their own, concerning the Earl of Stamford's Business,
and Mr Clarke to be High Sheriff of the County of
Oxon To the rest of the Particulars, this House agrees
Perkin F of Essex a Servant, released
This Day Will Perkins was brought to the Bar, by
a Habeas Corpus, and discharged, he being a Servant of
the Earl of Essex
Servants of the Kings Children freed from Arrests
Ordered, That the Servants and Officers belonging
to (fn. †) the King's Children shall be freed from all Arrests
for Debt, until both Houses of Parliament do take
Cause to satisfy and pay them then Wages and Arrears already due The Concurrence of the House
of Commons to be desired herein
Answer from the H C
Dr Aylett and Dr Heath return with this Answer
from the House of Commons
That they will take the Paper reported Yesterday
from the House of Commons into Consideration, and
send an Answer, by Messengers of their own, and that
they will give a Conference presently, as is desired, concerning Grove
Message to the H C about the Servants of the King s Children, and with Prince Rupert s Letter
A Message was sent to the House of Commons, by
Dr Aylett and Dr Heath
To desire their Concurrence in the Order concerning
the Servants and Officers of the King's Children
2. To deliver the Letter and Desires of Prince Rupert
to them, with the Sense of this House thereupon, and
to desire Concurrence therein
The House went to the Conference with the House
of Commons
Ordinance for 5000£ to Wright and Lenthall for Plymouth
Whereas Nathan Wright and Francis Lenthall, of
London, Merchants, are, by several Ordinances of
Parliament in that Behalf made and provided, appointed to collect, receive, and take, certain Duties,
imposed upon Merchandize by Authority of Parliament, to be employed for and about the Defence of
the Town and Port of Plymouth, Island of St Nicholas, and Town of Poole, Lyme Regis, and Places
adjacent, and whereas, by another Order of both
Houses of Parliament, the said Nathan Wright and
Francis Lenthall are appointed Treasurers also of the
said Sums of Money so collected and received, and
whereas the said Nathan Wright and Francis Lenthall,
at the Instance and Request of the Lords and Com
mons appointed for the Safety of those Places, have
lent and advanced, for the Supply of the urgent and
pressing Occasions of the Commonwealth, and the
Parts aforesaid, the Sum of Five Thousand Pounds,
to be continued from the 29th of September Instant,
until the 25th of March next following, to be re paid,
with Interest, after the Rate of Eight Pounds per
Cent for a Year, and to be secured by and accord
ing to this Ordinance, with such Clauses as are herein
expressed Be it therefore Ordained, by the Lords
and Commons in this present Parliament assembled,
and by Authority of the same, That the said Nathan
Wright and Francis Lenthall, and the Survivor of them,
his or then Execu ors or Assigns, shall be Collectors
and Treasurers of the aforesaid Duties and Sums of
Money, to be levied and received as aforesaid, until
the said Five Thousand Pounds, with Interest as afore
said, and Charges (by this Ordinance allowed), be
fully re paid, according to the true Intent and Meaning hereof, nevertheless the said Collectors and
Treasurers shall, from Time to Time, pay and dispose of all such Sums of Money as shall be received
before the 25th of March aforesaid, by virtue of the
aforesaid Ordinances (Charges and Allowances deducted), in such Manner as the said Committee, or
any Seven of them, whereof Two to be Lords, under
their Hands, shall direct, and upon the said 25th of
March, or within Ten Days after, shall tender and give
unto the said Committee a true and perfect Accompt,
in Writing, and what shall be then remaining in their
Hands (Interest and Allowance deducted) shall be
issued and paid according to the Directions of the
said Committee as aforesaid, and the said Treasurers,
or the Survivor of them, his or their Executors or
Assigns, shall, upon the 25th Day of June next, or
within Ten Days then next after, make another Accompt, in like Manner, of all such Monies as shall
be collected and come to their Hands, from and after
the said 25th of March, until the said 25th of June,
and shall retain in their Hands so much as shall be
by them collected, first, towards Payment of their
Charge, and Interest after the Rate of Eight Pounds
per Centum, and afterwards of so much of their
Principal as the Receipt will amount unto, which
shall be supplied and made up out of such Monies as
shall become due and payable from and after the 25th
Day of June aforesaid, and in case any Surplusage
remain in their Hands upon the said 25th of June,
the same to be paid and disposed according to the
former Directions, and the said Treasurers shall, at
the End of every Three Months successively after,
give an Accompt unto the aforesaid Committee, and,
after Satisfaction of the said Five Thousand Pounds,
together with Interest and Charges, shall, from Time
to Time, pay the whole Residue and Remainder
of their Receipts, as the said Committee, or any
Seven of them, whereof Two to be Lords, shall appoint as aforesaid And be it further Ordained, That
the said Committee, or any Seven of them as afore
said, shall audit and examine the Accompts of the
aforesaid Treasurers Nathan Wright and Francis Lerthall, for all Monies, as well received as paid, for
the Time past as for the Time to come, and whatsoever shall be approved and allowed by the said Committee, or any Seven of them as aforesaid, under
their Hands, shall be a sufficient Discharge to and for
the said Collectors and Treasurers, then Heirs, Executors, and Administrators, without any further Accompt or Reckoning to be made or given to any other
Person or Persons whatsoever, any Order or Ordinance of both or either Houses of Parliament to the
contrary notwithstanding And it is also Ordained,
That the said Treasurers, Nathan Wright and Francis
Lenthall, for and towards the Charges of the aforesaid Collections, be allowed, and shall detain in their
said Accompts, Six Pence in the Pound, for all the
Charges of the Collections, Treasurership, and otherwise, of the said Duty and Custom And be it further Ordained, That the said Collectors and Treasurers be secured and saved harmless by Authority of
both Houses of Parliament, in what they shall do in
Execution of the Premises Provided always, That
as touching the Duty hereby imposed, there be no
Deduction or Defalcation of Fifteen Pounds per
Centum And be it further Ordained, That the
Customers, Comptrollers, and other Officers whom
it may concern, do take particular Notice of this
Ordinance, who are to pass no Entry, until the said
Duties levied and imposed by several Ordinances of
Parliament for the Use and Purpose aforesaid, over
and above the present and future Customs and Duties,
be duly satisfied and paid to the said Collectors, or
their Deputies, and signified under their Hands in
Writing, according to the true Intent and Meaning
of this present Ordinance"
Adjourn.
House adjourned till 9a, Monday Morning next.