House of Lords Journal Volume 10: 5 October 1648

DIE Jovis, 5 die Octobris.

PRAYERS, by Mr. Salwey.

Domini præsentes fuerunt:

Answer from the H. C.

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

That they agree to the Ordinance concerning the Commissioners of Excise, with the Alteration: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.

Croker and Smith.

Upon reading the Petition of Sarah Daughter to Benjamin Croker:

It is Ordered, That Mr. Smyth, mentioned in the Petition, shall put in his Answer this Day Month.

E. of Lauderdale's Goods not to be embezzled.

Upon reading the Petition (fn. 1) of Ann Lady Lauderdaill, &c.

It is Ordered, That the Goods of the Earl of Lauderdaill shall not be removed, embezzled, or alienated, until it be determined by the Houses into what Way to put the Examination of the Right to the Goods.

Whitaker for pirating L. Herbert's Works.

Ordered, That Mr. Whitaker the Printer shall be heard, by Witnesses, on Thursday next, whether he can prove that the Lord Herbert did deliver to him a true Copy of his History of H. VIII. with an Intent that he should have the Printing of it after his Death; at which time Mr. Herbert shall be heard, by his Witnesses.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Edward Ash; who brought up divers Ordinances of Composition of Delinquents, wherein they desire their Lordships Concurrence.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and return an Answer by Messengers of their own.

L. Hunsdon excused.

Ordered, That the Lord Hunsdon is excused for his Absence this Day.

Smyth's Ordinance.

The Ordinance for Composition of Mr. John Smyth, was read, and Agreed to. (Here enter it.)

Ordinance to continue the Assessments for the Army.

The Earl of Manchester reported from the Committee, concerning the Ordinance for continuing the Assessments of the Army.

And their Opinion is, "That the Petition of the County of Hertford, and the Informations as were given by some Lords on the Behalf of the Counties of Lyncolne and Cambridge, may be presented at the Conference with the House of Commons, that so the Eastern Association may be eased in their Assessments."

The Question being put, "Whether to have a Conference with the House of Commons, before this Ordinance be read the Third Time?"

The Votes were even.

Fitz James, a Pass.

Ordered, That Mr. Fitz-James shall have a Pass into England, out of Holland, for Two Months.

The Earl of Denbigh reported a Paper from the Committee at Derby House; which was read, as followeth:

Report from the Committee at Derby House, for L. Foliat, late Governor of Derry, to have Part of his Arrears.

"Die Mercurii, 4^to Octob. 1648.

"At the Committee of Lords and Commons, at Derby House.

"Ordered,

"That it be reported to both Houses, That the Lord Foliat hath laid down his Commissions for Governor of Derry, and for the Regiment, in regard his Indisposition not suffering him longer to attend upon it, and that he is a Man that hath deserved very well of this Kingdom; and to desire the House that some Order may be taken for satisfying him some Part of his Arrears."

Ordered, That this Paper reported from Derby House, concerning the Lord Foliat, be recommended to the House of Commons.

Ordinance for Allowance of Monies taken by Force from the Officers of Excise.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That it be referred to the Committee of Lords and Commons for regulating the Excise, or to any Five of them, to make Allowance, from Time to Time, of all such Monies collected by Way of Excise, which heretofore have or hereafter shall be by Force or Violence taken away from the Commissioners of the Excise, their Sub-commissioners or Officers, or any of them, by any Person or Persons whatsoever; provided that such Violence be made appear by Oath before the said Committee, or any Five of them, whereof One to be a Lord, or such Persons as they shall appoint, who have hereby Authority to give the said Oaths unto every and all such Person or Persons as shall be produced before them in this Behalf; as also that the said Committee be satisfied that such Monies were not taken away as aforesaid through any Neglect or Compliance of any the Subcommissioners of the Excise or their Officers: And the Order or Orders of the said Committee, or any Five of them, shall be a sufficient Warrant to the Auditor, to allow of all such Monies upon the respective Accompts whereunto the same appertain."