House of Lords Journal Volume 5: 8 September 1642

DIE Jovis, videlicet, 8 die Septembris.

PRAYERS.

The Lord Kymbolton was appointed to be Speaker this Day.

Soldiers, that receive others Money, to be committed.

Ordered, That all such Soldiers that receive Money for the Service of the Parliament, and do go from Company to Company, and receive other Entertainmentmoney, shall be committed; and that all such Persons as receive Money and run away shall be committed, and be answerable for their Breach of Contract; and that all Justices of the Peace, Mayors, Constables, and other Officers, before whom any Proof shall be of the said Premises, do commit the said Persons to Prison, there to remain until the Pleasure of this House be known.

Message from the H. C. for no Lords to come to the Committee of Safety, but such as are of the Committee.

A Message was brought from the House of Commons, by Sir Christopher Yelverton, Knight and Baronet:

That, they finding that some Lords have been at the Committee of the Safety when Things have been in Debate, and some Particulars have been revealed and spoken of abroad, they desire that their Lordships would take some Course, that none might come to the said (fn. 1) Committee but those Lords that are of the said Committee; but, if there be any Occasion to speak with any Lords, they may be sent for; and the House of Commons have Ordered the same in their House.

To consider of this hereafter.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own.

Lords added to the Committee for the Safety of the Kingdom:

Message from the H. C. to draw a Declaration against the Lord Keeper's having the Great Seal.

A Message was brought from the House of Commons, by Mr. Strode:

To let their Lordships know, That the House of Commons do concur with their Lordships in Opinion, that it is fit that a Declaration be made, concerning the Lord Keeper's not having the Great Seal, and setting forth the Condition of the same: The House of Commons desires that their Lordships would please to appoint a Committee, for the drawing of the said Declaration, and of a Remedy for the same; and the House of Commons will appoint a proportionable Number.

These Lords following were appointed Committees to draw the said Declaration:

Committee to draw it up.

The Answer returned was:

Answer to the H. C.

That this House hath appointed a Committee, to join with a proportionable Number of the House of Commons, to draw the Declaration, and the Remedies thereof.

Message from the H. C. with an Order for Eleven Hundred Pounds for the Earl of Holland, &c.

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

To desire their Lordships Concurrence in these Orders following:

1. An Order concerning Eleven Hundred Pounds to be paid to the Earl of Holland. (Here enter it.)

Agreed to.

The rest of this Report to be made To-morrow.

The Answer returned:

Answer.

That this House agrees to the Order concerning the Eleven Hundred Pounds to be paid to the Earl of Holland; and concerning the rest of the Orders, this House will send an Answer, by Messengers of their own.

Message from the H. C. for suppressing Disorders among the Soldiers.

A Message was brought from the House of Commons, by Sir Tho. Barrington, Knight and Baronet:

That the House of Commons have conceived a Vote, wherein they desire their Lordships Concurrence: videlicet,

"That it be recommended to the Lord General, that, according to his Commission, he take special Care for the restraining and punishing Disorders in the Soldiers, according to the Custom of War."

Agreed to.

Answer.

The Messenger had Answer returned as abovesaid.

Letter from the Earl of Bedford, &c. at Sherborne, for Horse and Foot to their Assistance.

The Lord General acquainted this House with a Letter written to him from the Earl Bedford, Denzell Holles, Esquire, and Charles Essex, dated from Shirburne the 6th of September, 1642, desiring Three Regiments of Foot, and Three Troops of Horse, to their Assistance.

Letter from Sir Wm. Waller, that Portsmouth is taken.

Also a Letter from Sir Wm. Waller, &c. from Portsmouth, informing that the Town and Fort is taken.

Also the Articles were read.

Message from the H. C. with Votes about the Inland Post-office being sequestered into Burlemachi's Hands.

A Message was brought from the House of Commons, by Mr. Ellis:

That (fn. 3) they have made some Votes concerning the Post-master's Office, which was taken out of Mr. Witheringe's Hand by an Act of Power, and put into Mr. Burlamachie's Hand by Way of Sequestration: Upon the whole Matter, the House of Commons have made these Votes following, wherein they desire their Lordships Concurrence:

"Resolved, upon the Question,

"That the Sequestration of the Inland Letter Office, to Phillip Burlamachi, is illegal and void, and ought to be taken off."

Agreed to.

"Resolved, &c.

"That Phillip Burlamachi, and his Deputies, shall forthwith bring in an Accompt of the Profits of the Office received by him, or his Deputies, since the said illegal Sequestration."

Agreed to.

"Resolved, &c.

"That the Proclamation in Pursuance of the Sequestration is illegal and void."

Agreed to.

The Answer returned to the Messengers was:

Answer.

That this House agrees with the House of Commons in these Votes now brought up.

Order concerning the Persons imprisoned at Chester.

The Order concerning the Persons that are imprisoned at Chester was read, and agreed to, and Ordered to be printed, and sent to the Judge of Chester, and all Justices of the Peace, Sheriffs, Mayors, Constables, and all others whom it concerns. (Here enter it.)

Order concerning Delinquents.

Ordered, That Order concerning Delinquents shall be printed and published.

Vote about the Ld. General to be printed.

Ordered, That the Vote this Day brought up, concerning the Lord General, shall be printed and published.

Message from the H. C. with an Order, for Concurrence.

A Message was brought from the House of Commons, by Sir Tho. Dacres:

To desire their Lordships Concurrence in an Order, concerning Money, to be paid to the King's Receiver, by Sir Baynham Throgmorten, to the Earl of Sarum and Mr. Tyrringham. (Here enter it.)

Agreed to.

Earl of Pembroke's Bill.

Also he brought up a Bill, passed their House, concerning the Earl of Pembrooke.

Order for 3375 l. to be paid, by Sir Baynham Throckmorton and others, for Timber, to the Receiver General of Gloucester; and by him to be paid to the Earl of Salisbury and Mr. Tiringham.

"The Lords and Commons now assembled in Parliament have thought fit, and do Order, That, notwithstanding any Warrant from His Majesty to the contrary, Sir Banham Throckmorton, John Taylor, and John Gunninge, shall forthwith pay unto His Majesty's Receiver General of the County of Glocester the Sum of Three Thousand Three Hundred Seventy-five Pounds, due by them, upon an Agreement with His Majesty's Commissioners of His Treasury, to be paid on the First of this Month, for a Proportion of Wood, which is to be delivered unto them out of the Forest of Deane; and the said Receiver is hereby Ordered, and required, To pay the same over, according to such Warrants as the said Commissioners have given him therein; videlicet, the Sum of One Hundred and Fifty Pounds unto Mr. Edward Tirringham, and Three Thousand Two Hundred and Twenty-five Pounds unto the Earl of Salishbury, toward Satisfaction of certain Tallies, levied on the said Receiver, by Warrant unto the Great Seal of England, for Re-payment of Money lent by the said Earl unto His Majesty: And the said Lords and Commons do Declare, That the said Sir Banham Throckmorton, Jo. Taylor, and John Gunninge, and the said Receiver, shall, in their so doing, be protected by the Power and Authority of Parliament; and the said Sir Banham Throckmorton, Jo. Taylor, and Jo. Gunninge, shall have and enjoy the full Benefit of their said Agreement with His Majesty's said Commissioners, without any Interruption from His Majesty's Officers, or any other Person whatsoever."

"Die Jovis, 8 Septembris, 1642.

Order for Eleven Hundred and Forty-one Pounds to Sir W. Uvedall, for the Earl of Holland's Waggon-money.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Receivers, appointed to receive the Monies that come in upon the Bill of Four Hundred Thousand Pounds, do forthwith pay unto Sir Wm. Uvedalle, late Treasurer at War, the Sum of Eleven Hundred Forty-one Pounds, which appears, upon the said Sir Wm. Uvedall's Certificate, to be due unto the Earl of Holland, late General of the Army in the North, for his Waggon-money; and that the said Sir Wm. Uvedalle do pay over the said Monies, so appearing to be due, unto the Earl of Holland, or his Assigns."

"Jovis, 8 Septembris, 1642.

Order concerning Persons imprisoned at Chester, for obeying the Orders of both Houses.

"Whereas Information hath been given, That divers Persons, well-affected to the Peace and Safety of the King and Kingdom, have been seized, apprehended, and imprisoned, and divers worthy Ministers attached, and bound over to the next Assizes to be holden at Chester, for yielding Obedience to the Ordinance and Command of Parliament, and for refusing to obey the illegal Commands of the Commissioners of Array: The Lords and Commons do, therefore, hereby Declare all those to be Enemies to the Commonwealth, and Disturbers of the Peace of the Kingdom, who seize, apprehend, or detain in Prison, or send out their Warrants for the apprehending, or otherwise molesting, any Person or Persons, for obeying the Ordinances and Commands of the Parliament, or for refusing to obey the Commission of Array; and do require and command all Lieutenants, Deputy Lieutenants, Justices of Peace, Sheriffs, Mayors, Constables, and all other His Majesty's Officers and loving Subjects, that they do not only forbear to execute any Warrants sent out by Commissioners of Array, for apprehending, binding over to the Assizes, or otherwise molesting, any of His Majesty's good Subjects, for not yielding Obedience to the illegal Warrants and Commands of the Commissioners of Array; but that they also assist to the Protection and Defence of all those who are in Danger to be apprehended, oppressed, or molested, by the Violence and Tyranny of the Commissioners of Array, whereof they require the Justices of Assize of the County Palatine of Chester, and the Keeper of the Castle of Chester, and of other Prisons in the said County, and all other His Majesty's Officers and Subjects whom it may concern, to take especial Notice, that so those that are already imprisoned, or bound over, by the Commissioners of Array in that County, may be discharged, and no farther prosecuted and molested by any usurped Power or Authority, against the Laws of this Land.

"To the Lord Lieutenant and Deputy Lieutenants of the County of Chester, and the County of the City of Chester, and to the Justices of Assize of the County Palatine of Chester; and to all Mayors, Justices of Peace, Sheriffs, Constables, and other His Majesty's Officers to whom this doth or may appertain."