House of Lords Journal Volume 6: 10 August 1644

DIE Sabbati, 10 die Augusti.

PRAYERS, by Mr. Marshall.

Ds. Grey de Warke.

Eastham Poor.

The House heard the Cause, by Counsel on both Sides, between the Poor of Eastham, in the County of Essex, and the Lady Kempe, concerning a Reversal of a Decree made by the Lord Keeper Coventry in Chancery, touching Land, to the Value of Forty Pounds per Annum, given by Will of Giles Breame to the said Poor of Eastham, which Land is pretended to be passed away to the Lady Kempe, and other Lands settled to a smaller Value.

And the House taking this Business into Consideration; Ordered, That the said Cause shall be dismissed this House.

Message from the H. C. to expedite the Ordinance for Martial Law;

A Message was brought from the House of Commons, by Sir Henry Mildmay Knight, &c.

1. To desire their Lordships Expedition in the Ordinance concerning the Execution of Martial Law, there being great Want of it.

for all the Lords and Assistants to take the National Covenant;

2. To desire that all the Members and Assistants of the Lords House may take the National Covenant; and to acquaint them, that the House of Commons would not suffer any Member to sit in the House till they took the National Covenant; and that Justice may be done upon such as shall refuse to take it.

3. To desire Concurrence in several Particulars:

with an Ordinance;

1. An Ordinance concerning Allowances to the Auditors of the Excise and their Clerks.

(Here enter it.)

Agreed to.

with Committees Names for Essex;

2. That Mr. Samson Sheffeild, Mr. Joachin Mathewes, Mr. Samuell Feyborne, Mr. Eusebius Wright, may be added to the several and respective Committees of the County of Essex.

Agreed to.

with Committees Names for York; and for Indemnity to them, for having already acted as such;

3. That Sir Mathew Bointon, Sir Ric'd Darley, Colonel Jo. Lambert, Mr. Edward Haltonbie, Mr. Rob't Johnson Clerk, Sir Tho. Mauleverer, Sir Will. St. Quinten, Mr. John Allured, Mr. St. Nicholas, Mr. John Wastall, Mr. John Anlaby, shall be indemnified and saved harmless for what they have done as Committees of Yorke, and in the Town and County of the Town of Hull; and that they be added to the several and respective Committees.

Read Once, and respited for a while.

and with an Ordinance.

4. An Ordinance to pay Ten Thousand Pounds to Sir Wm. Waller's Army, out of the Excise.

Agreed to.

The Answer returned was:

Answer.

That their Lordships will send an Answer to this whole Message, by Messengers of their own.

Reasons concerning the Alterations in the Ordinance for Martial Law.

The Earl of Lyncolne reported the Reasons which the Committee have drawn up, in Answer to the Reasons of the House of Commons, delivered at the late Conference with them, concerning the Alterations in the Ordinance concerning Martial Law.

The Reasons, being read, were approved of by the House, and Ordered to be communicated to the House of Commons, at a Conference.

Order for 10,000 l. for Sir W. Waller.

Next, an Order for Payment of Ten Thousand Pounds to Sir Wm. Waller's Army was read, and Agreed to.

Message to the H. C. for a Conference on the Ordinance for Martial Law;

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

1. To desire a present Conference, concerning the Ordinance for Martial Law, in the Painted Chamber.

about the French Minister's Audience;

2. To desire that their Committee may meet this Afternoon, at Three of the Clock, concerning the Reception of the French Resident.

that the Lords agree to some of the Orders, &c. brought up To-day;

3. To let them know, that this House agrees to the Ordinance concerning Sir Wm. Waller's Army, to the Committee for Essex, and the Order concerning the Auditors for the Excise and their Clerks.

to remind them of the Peers Creation-money. Reception of the French Minister.

4. To put them in Mind of the Creation-money.

Ordered, That the Quorum of the Lords Committees, for to consider of the Reception of the French Resident, be reduced to Two.

Col. Thompson's Petition for Arrears.

The Petition of Colonel Francis Thompson was read; shewing, "That he, being employed in the Service of the Parliament, is very infirm, through the many Wounds he hath received; and is in great Want, for Supply of Monies which are due unto him for his Pay."

Hereupon this House Ordered, That this Petition be recommended to the House of Commons.

Answer from the H. C.

The Messengers sent (fn. 1) to the House of Commons return with this Answer:

That they will give a present Conference, in the Painted Chamber, as is desired; and they have appointed their Committee to meet this Afternoon, at Three of the Clock, to consider of the Reception of the French Resident; and concerning the Creation-money, they will take it into Consideration, and send an Answer by Messengers of their own.

Message to them, with Col. Thompson's Petition.

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

To deliver to them the Petition of Colonel Thompson, with Recommendations, that some Course may be taken for his Relief.

The House was adjourned into a Committee during Pleasure, to debate the Message of the House of Commons this Day, "That the Members of this House may be Ordered to take the National Covenant."

The House being resumed;

It was Resolved, upon the Question,

No Lord to sit till he has taken the National Covenant:

"That no Members nor Assistants of this House, not having taken the National Covenant, shall sit in this House, after the 17th Day of this Instant August, before the taking thereof."

Protest against it.

Memorandum, [ (fn. 2) Before the putting of the aforesaid Question,] the Earl of Lyncolne desired Leave of this House to enter his Dissent to it, which this House granted; and accordingly the Earl of Lyncolne entered his Dissent.

"T. Lyncolne."

Message from the H. C. with an Order for 2000 l. for the London Militia at Abingdon.

A Message was brought from the House of Commons, by Mr. Hatcher and others;

To desire their Lordships Concurrence in an Order; videlicet,

"That Two Thousand Pounds shall be secured unto the Militia of London, to enable them to continue their Forces still at Abbington, out of the Monies that come in upon the Excise, to be paid unto them next after the Twenty Thousand Pounds formerly secured unto them out of the Excise."

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought up.

Answer from the H. C.

The Messengers sent to the House of Commons returned with this Answer:

That they will send an Answer, by Messengers of their own, concerning Colonel Thompson's Petition.

Officers of the Excise, Allowance.

"It is Ordered, by the Lords and Commons in this present Parliament assembled, That Thomas Fauconberge and Wm. Bond, Esquires, shall have Allowance made unto them for the Service they have done in the Accompts of Excise for the Time past (besides Consideration for their Clerks), after the Rate of Five Hundred Pounds per Annum to each; and it be referred to the Committee for the Excise, to consider of settling an Allowance upon them for the future, and to consider of an Allowance to be given to the Auditors Clerks for the Time past and for the future."

Order to secure the Interest of 10,000 l. to the Merchant Adventurers, lent for Sir William Waller's Army.

"Whereas the Fellowship of Merchant Adventurers of England are, by Ordinance of both Houses of Parliament, dated the 5th of March last, 1643, to receive Ten Thousand Pounds, with Interest thereupon arising, from the 12th of July last, upon the First Day of September now next coming, out of the Receipts of the Excise; and whereas the said Fellowship have agreed, for the Service of the Parliament, and present Supports of Sir William Waller's Army, to forbear the Receipt of the said Ten Thousand Pounds for Four Months longer from the aforesaid First of September that the same is due: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Fellowship of Merchants Adventurers of England shall receive the Interest due for the said Ten Thousand Pounds from the 12th of July last, upon the said First of September next; and for the Principal, being Ten Thousand Pounds as aforesaid, with the following Interest after the Rate of Eight per Cent. it is further Ordained, That the same shall be paid upon the Fourth Day of January next, out of the Receipts of the Excise and new Impost; and in Case the whole or any Part of the said Ten Thousand Pounds shall not be paid at the Day beforementioned, that the said Fellowship shall receive Allowance of Interest, after the Rate of Eight per Cent. for so long Time as they shall be out of any Part thereof; all which several Payments of Interest, and Principal and Interest, as aforesaid, the Commissioners of Excise and new Impost are hereby required and authorized to make due Payment of, from Time to Time, according to the true Intent and Meaning of this Ordinance, unto the Treasurer of the said Fellowship for the Time being, whose Receipt, testified by the Seal of the said Fellowship, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them: And the said Lords and Commons do hereby further Declare, That the said Fellowship shall not, by any Order or Ordinance of either or both Houses of Parliament, be excluded from the several Payments and Receipts beforementioned, but shall from Time to Time receive the several Sums of Interest, and Principal and Interest, as aforesaid, according to the true Intent and Meaning of this Ordinance: And it is hereby further Ordained, That the Commissioners of the Excise and new Impost shall and may pay the said Ten Thousand Pounds, which the said Fellowship should receive upon the First of September next, by the said Ordinance of the Fifth of March as aforesaid, unto John Trenchard Esquire, for the Use of Sir Wm. Waller's Army, whose Receipt shall be a sufficient Discharge unto them and every of them."

Adjourn.

House adjourned till 9^a, Monday next.