House of Lords Journal Volume 6: 23 August 1644

DIE Veneris, 23 die Augusti.

PRAYERS, by Mr. Prophett.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Mr. Serjeant Fynch and Mr. Page returned with this Answer from the House of Commons:

That they agree to the Alteration to the Ordinance for the Manner how the taking of Horses for Sir Wm. Waller shall be regulated. (Here enter it.) Also that the House of Commons hath appointed a Committee, to meet with a Committee of Lords, concerning the Earl of Denbigh's Business. Concerning the Petition of Mr. Wilkinson, and the Desire that the Earl of Stamford may have his Arrears paid, they will send an Answer by Messengers of their own.

Library belonging to Peter-house College, Cambridge, not to be embezzled.

Upon reading the Petition of Lazarus Seaman, Master of Peter-house, in Cambridge; shewing, "That a Library is seized on by Way of Sequestration, wherein divers Books belonging to the said College are, which will be embezzled, unless some Course be taken to preserve them."

Hereupon this House Ordered, That it be recommended to the Earl of Manchester, to take Care the Books be not embezzled, but bestowed according to the Desire of the Petitioner.

Message to the H. C. with the Warwickshire Petition, and for Mr. Church to have a Pass.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Heath:

To deliver the Petition of the County of Warwicke to them; and to desire that the same may be referred to the former Committee, that is appointed to consider of the Business of the Earl of Denbigh's Association; and to desire their Concurrence, that Edmond Church may have a Pass, to go into Holland.

Archbishop of Cant's Trial.

Ordered, That Monday next is appointed to hear the Archbishop of Canterbury, to make a Recapitulation of his whole Defence, if he shall desire it; and hereof Notice is to be given to the said Archbishop, who is to return his Answer hereunto To-morrow Morning.

Colonel Keyes to be attached.

Ordered, That the Gentleman Usher attending this House shall attach the Body of Colonel Keyes, being an Officer in the King's Army, and bring him before the Lords in Parliament.

Tryon's Cause.

Ordered, That Mr. Tryon's Cause concerning Books, shall be heard this Day Sevennight, at the Bar.

Message from the H. C. for Col. Middleton to assist the Lord General with his Forces;

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

To desire their Lordships Concurrence in Two Orders:

1. An Order for sending Colonel Middleton into Devonshire; videlicet,

"That Colonel Midleton shall be forthwith commanded to use his uttermost Endeavour for the streightening the King's Quarters, for diverting his Forces, for assisting of my Lord General, and keeping good Intelligence with him."

Agreed to.

and with an Order.

2. An Order that Sir Wm. Waller shall command in Chief all the Forces that are to go with him into the West, to the Assistance of my Lord General.

Read, and Agreed to, with an Amendment.

The Answer returned was:

Answer.

That this House agrees to the Order concerning Colonel Midleton; to that Order concerning Sir Wm. Waller, their Lordships will send an Answer by Messengers of their own.

Message to the H. C. with Sir William Waller's Order.

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

To let them know, that this House agrees to the Order concerning Sir Wm. Waller, with the small Alteration, wherein their Lordships desire Concurrence.

Answer from thence.

Sir Edward Leech and Dr. Heath returned with this Answer from the House of Commons:

That they agree in referring the Warwickshire Petition, as is desired; but concerning the Pass to Edmond Church, they will send an Answer by Messengers of their own.

Propositions for Peace, as returned from Scotland.

Next, was taken into Consideration the Alterations made by the Parliament of Scotland in the Propositions of Peace, and (fn. 1) likewise the Alterations made by the House of Commons; and this House agreed with the House of Commons to them.

Also the House took the Remainder of the Propositions into Consideration, from the Seventeenth Proposition.

And the Eighteenth and Nineteenth Articles were read, with the Sense of the House of Commons thereupon, and agreed to with the Alterations of the House of Commons, in the Reference to the Committee of both Kingdoms.

The Twentieth Article was read, with the Sense of the House of Commons; and this House agrees with the House of Commons therein, adding the Secretaries of State.

To the Twenty-first, Twenty-second, and Twentythird. Articles, this House agrees with the House of Commons, in referring it to the Consideration of the Committee of both Kingdoms.

To the Twenty-fourth Article, agreed to, and put into Execution.

To the Twenty-fifth Article, agreed to with the House of Commons.

To the Twenty-sixth Article, agreed to with the House of Commons.

In the new Article from the Scotts, these Words to be added ["or Recompence"] after the Word ["Restoring"].

Message to the H. C. that the Lords agree to them.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Heath:

To let them know, that this House agrees with them in their Sense and Resolutions concerning the Propositions for Peace, with the Addition and small Alterations, wherein this House desires Concurrence.

Answer from thence.

Mr. Serjeant Whitfield and Mr. Serjeant Fynch return with this Answer:

That the House of Commons agrees with their Lordships in the Alteration in the Order concerning Sir Wm. Waller. (Here enter it.)

Sir William Waller to command in Chief under the Lord General.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, that Sir William Waller shall command in Chief, under his Excellency, all the Forces both of Horse and Foot now under his Command, or that hereafter shall be raised and put under his Command, within any Place or County in this Kingdom, for this present Expedition of reducing the West, and the Assistance of my Lord General."

"Instructions for the speedy raising of Horses, for the present Advance of Sir William Waller's Army.

Instructions for raising Horse for Sir William Waller.

"Resolved, upon the Question, &c.

"That such Persons, and none other, as shall be employed by Sir William Waller under his Hand and Seal, shall be authorized, and have Power, to raise Horses, and such Number as he shall appoint; and that such Persons shall give a Note in Writing unto each Party from whom a Horse shall be taken, of the Value, Colour, and Mark of the Horse; testifying likewise, that the Party is to repair unto the Committee of that County, where, upon Proof of the Value, he shall receive Satisfaction; and whosoever shall do contrary in raising of Horses, shall suffer Death; and such Persons as shall be so appointed to raise Horses are to make Return unto Sir William Waller of what Horses they have raised, and from what Parties, and in what Parishes, who is to return the same unto the Committees of the Country.

"Not above Two Horses to be taken out of a Team.

"That Sir Wm. Waller have One to mark the Horses as they are brought in.

"That Two Commissioners be appointed, to go with this Army, to see these Rules observed, and to hear Complaints thereupon; and to observe such Rules and Instructions as the Commissioners in the Army of the Lord General.

"The Commissioners to be Captain Stephen White and Mr. John Pickman; to have the Allowance as those in the Lord General's Army.

"Commissary Fox to be the Mark-master; and to have the same Employment and Salary as he in the General's Army.

"And if any appointed by Sir William Waller, as aforesaid, to take Horses, shall take any Money for sparing any Horses, or releasing any Horses being taken, shall, upon Proof, be cashiered ipso facto, and be subject to such further Punishment as the General shall think fit.

"Provided, That this do not extend to any other Counties or Places, but only to such Counties and Places as are within the Associations of the said Sir William Waller, or in such Counties or Places wherein he hath Command by virtue of any Ordinance or Commission."

Adjourn.

House adjourned till 9^a cras.