House of Lords Journal Volume 10: 10 October 1648

DIE Martis, 10 die Octobris.

PRAYERS, by Dr. Smyth.

Domini præsentes fuerunt:

Answer from the H. C.

Mr. Page and Dr. Aylett return with this Answer from the House [ (fn. 1) of Commons] to the last Message sent:

That they will take them into Consideration, and will send an Answer by Messengers of their own.

Mrs. Garrett and Sir G. Garrett.

Upon reading the Petition of Theodosia Garrett Widow, late Wife of George Garrett, Second Son of Sir George Garrett:

It is Ordered, That Sir George Garrett shall have a Copy of this Petition, and return his Answer within a Week.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Major General Massie, &c.; who brought up these Particulars, wherein their Lordships Concurrence is desired:

1. An Order for satisfying Monies to Sir Rob't Harley, which he laid out for the Use of the State.

(Here enter it.)

Agreed to.

2. An Order concerning the Reduced Officers of the late Lord Fairfax. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Two Orders now brought up.

Message to the H. C. with Doweet's and Wyat's Petitions.

A Message was sent to the House of Commons, by Mr. Page and Dr. Aylett:

To deliver to them the Petitions of Abraham Dowcett and Captain Devereux Wyatt, and desire their Concurrence therein.

Cole to be attached, for Contempt.

Upon reading the Affidavits of John Smalman and John Fowlke, against Richard Cole: (Here enter them.)

It is Ordered, That the Gentleman Usher shall attach the Body of the said Ric'd Cole, and bring him before the Lords in Parliament, to answer his contemptuous Words against this House.

Michaell Baker, upon Oath, informed this House at the Bar, "That he left the Order of this House Yesternight at the House of Ric'd Cole, to summon him to appear before this House this Day:" Which the said Cole did not.

Ld. Mayor Elect to be presented.

Ordered, That Friday next this House appoints, for the Lord Mayor Elect of London to come to receive the Approbation of this House.

Blackmer and Paris's Petition.

Ordered, That the Lord Mayor and the Justices of the City of London shall have a Sight of the Petition of Thomas Blackmer and Richard Paris, and return their Answer to this House this Day Sevennight.

Message to the H. C. to remind them of the E. of Nottingham's Petition.

A Message was sent to the House of Commons, by Mr. Hakewill and

To put them in Mind of the Earl of Nottingham's Petition.

Blackmer and Paris, and Wollaston.

The Answer of Henry Wollaston, Keeper of Newgate, to the Petition of Thomas Blackmer and Richard Paris, was this Day read.

Hungerford's Fine to be abated.

The Lord North reported from the Committee appointed to consider of the Ordinance of Composition of Mr. Anthony Hungerford, divers Examinations, (fn. 2) manifesting the good Affection of the said Mr. Hungerford to the Parliament; upon which the Committee think him fit to receive the Favour of the Houses, for the Mitigation of his Fine.

The Question being put, "Whether Mr. Anthony Hungerford's Fine shall be abated to Fifteen Hundred Pounds?"

It was Resolved in the Affirmative.

Ordered, That this Ordinance, with the Resolution of this House, be sent to the House of Commons, for their Concurrence.

Order to repay 820 l. to Sir R. Harley.

"Whereas Sir Robert Harley Knight of the Bath, a Member of the House of Commons, (fn. 3) hath heretofore lent and disbursed several Sums of Money, for the Service of the Commonwealth; that is to say, Five Hundred Pounds, for the Payment of a Bill of Exchange returned from Scotland, for the Maintenance of the Garrison at Berwick, which was paid in September, 1643; and also Three Hundred and Twenty Pounds more, in August, 1643, to satisfy and pay the Arrears of a Debt due to Sir John Coniers Knight; which said Sums the House of Commons undertook to repay; and whereas the same, nor any Part thereof, have been yet paid to the said Sir Robert Harley: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the said Sir Robert Harley shall be allowed the said several Sums of Five Hundred and Three Hundred and Twenty Pounds, upon his Accompt, for the Profits of his Office of the Master of the Mint; and those that shall take his Accompt, and all others that shall have to do with the same, are ordered to give Allowance of the said Sums accordingly."

Order for Payment of Arrears due to Officers who served under the late Ld. Fairfax.

"Whereas, by several Ordinances of Parliament, of the 24th of December, 1647, Provision is made for Payment of the Arrears of Pay due to the Soldiery that have faithfully served the Parliament, and that all and every such Sums of Money as shall be received and come in, upon any the Securities mentioned in the said Ordinances, shall be from Time to Time paid unto the Treasurers at Wars at Guildhall, London, and shall be issued and paid forth, by the said Treasurers at Wars, to such Person and Persons, and for the Uses, in the said Ordinances specified, in such Manner as the Committee of Lords and Commons for the Army, or any Five of them, shall from Time to Time under their Hands limit and appoint; and forasmuch as it appeareth, by Certificate from the Sub-committee for taking the Accompts in the County of Yorke, and Examination thereof by the Committee for the Northern Association, that there is due unto divers Reduced Officers late under Command of Ferdinando Lord Fairefax, deceased, whose Names are in Number One Hundred and Fifteen, and inserted into a List bearing Date the 25th of March, 1648, beginning with Major Joshua Greathead, and ending with Ensign Robert Marshall, and remaining with the said Committee, the Sum of Twenty-seven Thousand Ninety-two Pounds, Thirteen Shillings, and One Penny Half-penny, for their Arrears of Pay, Deductions being made by the said Committee, according to an Ordinance of Parliament of the 28th of May, 1647, whereof the Sum of Three Thousand Five Hundred Twenty-six Pounds, Twelve Shillings, is charged on the Receipts of the Excise, in Course, by an Order of both Houses of Parliament, so that there resteth due to the said Officers the Sum of Twenty-three Thousand Five Hundred Sixty-six Pounds, One Shilling, and One Penny Half-penny: The Lords and Commons in Parliament assembled do order and ordain, and be it hereby Ordered and Ordained, That the said Sum of Twenty-three Thousand Five Hundred Sixty-six Pounds, One Shilling, and One Penny Half-penny, shall be, and is hereby, charged upon all and every the Securities mentioned in the said several Ordinances of the 24th of December, 1647; and that, notwithstanding any Thing in the said former recited Ordinances specified, the Treasurers at Wars at Guildhall, London, are, and be hereby, authorized and required to pay the aforesaid Sum of Twenty-three Thousand Five Hundred Sixty-six Pounds, One Shilling, and One Penny Half-penny, in Course, out of the Receipts thence arising, unto Adam Eyre, Thomas Greatheed, and George Shirt, Captains, Henry Laidman Cornet, and Richard Sykes Merchant, or any Three of them, or to such Person or Persons as shall have Order from them, or any Three of them, under their Hands and Seals, to receive the same, or any Part thereof; whose Receipts or Acquittances, for (fn. 4) all or any Part of the said Sum of Twenty-three Thousand Five Hundred Sixty-six Pounds, One Shilling, and One Penny Half-penny, shall be unto the said Treasurers, and every of them, and to all and every Person and Persons who shall pay the same, or any Part thereof, a sufficient Warrant and Discharge in that Behalf: And it is referred to the said Adam Eyre, Thomas Greatheed, George Shirt, Henry Laidman, and Richard Sykes, or any Three of them, to proportion and divide all and every the several Sums due upon the List amongst the said Officers and their Assigns, and to pay or assign the same, and every Part thereof, according to the true Purport of the said List and several Orders concerning the same; and this shall be their sufficient Warrant in that Behalf."

Affidavits concerning Cole's Contempt of the Order for preserving the Goods in the E. of Lauderdale's House.

"John Smallman, of London, Upholsterer, aged Forty Years, or thereabouts, maketh Oath, That he being present when the Order of the Right Honourable the Lords in Parliament was offered to Richard Cole, for Stay of the Removal and Disposal of the Goods seized on in the House of John Earl of Lawderdayle, until both Houses should put the same in a Way of Examination, concerning the Right of the Parties who had petitioned concerning the same; the said Richard Cole, on Saturday last, refused to see the same, and said, "That he would lose his Blood but he (notwithstanding the Lords Order) would carry them away; and that he would bring a Drake and a Troop of Horse on Monday then next, and break open the Doors of the House;" and said, "He valued not the Lords Order a Pin; and before the Lords Order should stand, he would spend the best Blood in his Body, and would be hanged at the Door, if he had not then away the Goods."

"Jur. 10 Octobr. 1648,

"coram me,

"John Smaleman,

"W. Hackewil, in Can. Mag'ro."

"John Fowlke, of London, Upholsterer, aged Twentyeight Years, or thereabouts, deposeth, That he hath perused the Affidavit made by the abovenamed John Smallman; and that, upon the Occasion therein mentioned, he heard the abovenamed Richard Cole use the Words in that Affidavit set forth, concerning the said Order of the Lords in Parliament; and then also heard one Robert Stone, a Joiner, employed about Seizure of the said Goods, say, "He cared not for the Lords Order a Pin, nor would obey the same."

"Jur. 10 Octobr. 1648,

"coram me,

"John Foulkes.

"W. Hakewil, in Can. Mag'ro."