House of Lords Journal Volume 7: 19 October 1644

DIE Sabbati, 19 die Octobris.

PRAYERS, by Mr. Marshall.

Ds. Grey de Warke, Speaker.

White and Middleton.

Upon the reading of the Petition of Rob't White and Ellen his Wife, desiring "to have a Day for hearing of the Cause between them and Symon Middleton, concerning the Estate of Robert Gray, deceased:" It is Ordered, To be heard on Monday come Fortnight.

Answer from the H. C.

Sir Rob't Rich and Mr. Page, sent with a Message to the House of Commons, return with this Answer:

That they will send an Answer, by Messengers of their own, concerning the naming of a Committee, to join with a Committee of Lords, concerning the Petition of Rutlandshire.

Message from thence, with an Order for observing the Fast;

A Message was brought from the House of Commons, by Sir John Clattworthy Knight, and others;

To desire Concurrence in these Particulars following:

"1. It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Tuesday next be set apart for a Public Fast, and Day of Humiliation, for God's Blessing upon our Armies now near the Enemy, to be observed within the Lines of Communication; and that, on the next Lords-day, the Ministers do specially remember this Occasion in their Prayers; and that none do presume to use their ordinary Labour, or open their Shops, upon the said Fast-day, within the Places afore-mentioned; and that speedy Notice hereof be given to the Lord Mayor, and he desired to send Notice hereof to the particular Houses of every of the several Places, who are required to publish the same on the said next Lords-day."

Agreed.

and that Judge Mallett may he exchanged for Sir John Temple.

2. To desire their Lordships Concurrence, that Justice Mallett be exchanged for Sir John Temple; and that he may put in good Security to render himself a true Prisoner, if he be not exchanged.

Ordered, That this House agrees to the Exchange of Justice Mallett for Sir John Temple; with this Proviso, That he enter into Recognizance in this House, with good Security, that he return a true Prisoner again, if he be not exchanged; and that, upon his Releasement, he be discharged from paying of Fees, because he formerly paid them.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning the Fast. Touching Justice Mallet, their Lordships agree to his Exchange, he putting (fn. 1) in good Security for his rendering himself, in Case he be not exchanged.

Preachers appointed for the Fast-day; and the Lords to attend.

Ordered, That this House do keep Tuesday next, the Fast-day, in the Abby Church at Westm; and the Members and Assistants to meet here in this House at Nine of the Clock, and go thither together: And it is further Ordered, That Dr. Temple, Mr. Palmer, and Mr. Chambers, are hereby appointed to preach before their Lordships.

And the Gentleman Usher is to give speedy Notice to all the Lords that sit in the House, to meet here on Tuesday next, at Nine of the Clock in the Morning.

Message from the H. C. with an Order and Ordinance;

A Message was brought from the House of Commons, by Mr. Reynolds;

To desire their Lordships Concurrence in these Particulars following:

1. For to pay Five Hundred Pounds to the Waggonmaster of the Lord General's Army. (Here enter it.)

Read Thrice, and Agreed to.

2. An Ordinance concerning the Lord Edward Howard. (Here enter it.)

Read Thrice, and Agreed to.

and to expedite the One concerning Rutland.

3. To desire Expedition in the Ordinance concerning the County of Rutland.

The Answer returned was:

Answer.

That their Lordships do agree to the Two Ordinances now brought. To that Ordinance concerning Rutlandshire, their Lordships will send an Answer by Messengers of their own.

Order for the Commissioners of Excise to reimburse themselves 500 l. advanced to the Waggon-master General.

"Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Five Hundred Pounds, for that most necessary and speedy Service of setting forth his Excellency the Lord General's Train of Artillery, and other Services Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners for Excise shall satisfy and reimburse themselves the said Five Hundred Pounds (together with Interest for the same after the Rate of Eight per Cent. for so long Time as the same or any Part thereof shall be forborn), out of such Intervals of Receipts as shall happen when other Payments shall not fall due, or, for Want of such Intervals, then as this Reimbursement shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and the Receipt of Thomas Richardson Esquire (Waggon-master General) for the said Five Hundred Pounds, shall be a sufficient Discharge to the said Commissioners of Excise in that Behalf: And it is lastly Ordained, That the other Ordinance, of the Date hereof, for the said Five Hundred Pounds be hereby repealed, and made void."

Order for 5000 l. to Lord Howard of Escrick, out of Monies arising from Ships, &c. recovered out of the Sea.

"Whereas both Houses of Parliament have, by Ordinance of the 26th of August, 1643, granted unto Dominiq' Petit, and others mentioned in the said Ordinance, a Moiety of all such Ships Lading and Cannon which they and their Associates should gain out of the Seas and Rivers of this Kingdom, overwhelmed therein, for Seven Years, from the Twentieth of August, 1643, reserving the other Moiety thereof to the Use of the Navy, or to such other Use as both Houses shall direct: It is Ordered, upon the Petition of Edward Lord Howard, Baron of Escricke, and upon Consideration of the great Damages and Losses sustained by the said Lord Howard, being wholly dispossessed of his Estate, for no other Reason than for his faithful Attendance and Service in Parliament, That Five Thousand Pounds, arising and accruing from the Moiety reserved to the State upon all such Ships Lading and Cannon as shall be gained out of the Seas and Rivers of this Kingdom by the said Dominiq' Petit and his Associates; by virtue of the said Ordinance of August 26, 1643, next after the Thousand Pounds formerly granted out of the said gained Ships Lading and Cannon, &c. unto Reve Angier Esquire, shall be conferred upon the said Edward Lord Howard, towards the Reparation of his great Losses, and for his present Support."