House of Lords Journal Volume 7: 23 December 1644

DIE Lunæ, 23 die Decembris.

Prayers, by Mr. Young.

Ds. Grey de Warke, Speaker this Day.

Letter from the Queen and the Regency of Sweden.

Next, the Letter received from the Commissioner of the Queen of Sweden and the Regents of that Kingdom was read, being in Latin; and it is Ordered to be communicated to the House of Commons.

(Here enter it.)

Lords from the King, ordered not to depart hence, without hearing from Him.

The Speaker acquainted the House, "That the Duke of Richmond and the Earl of South'ton sent to him, to desire him that their Lordships may know, that (fn. 1) they have Commands from the King, not to depart from hence, after their Answer, until they heard from Him."

Ordinance for the Attainder of the Archbishop of Cant.

The House took into Consideration the Ordinance for the Attainder of the Archbishop of Canterbury; and it was moved, "That there might be a Conference with the House of Commons, to desire their Lordships might hear from them, concerning the Matter of Law, touching the Ordinance for Attainder of the Archbishop of Canterbury."

And this Question was put, "Whether to proceed in the Ordinance concerning the Archbishop of Canterbury, before a Conference had with the House of Commons concerning Matter of Law?"

And it was Resolved in the Negative.

Conference to be had with the H. C. concerning the Matter of Law in it.

Hereupon it is Ordered, To have a Conference with the House of Commons presently; and the Earl of Sarum, Earl of Stamford, Lord North, Lord Willoughby, and the Lord Howard, were appointed to draw up the Subject Matter of this Conference.

An Officer to attend the Lords from the King.

Ordered, That the Lord General be hereby desired to appoint One of his Officers, to wait on the Duke of Richmond and the Earl of South'ton through the Guards of the Parliament Forces, to see that they have no Incivility offered to them.

Directory for Public Worship.

Ordered, That the First Business To-morrow Morning, that shall be taken into Consideration, shall be the Directory; and all the Lords are to attend the House, at Nine a Clock.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Nicolls, &c.

To desire their Lordships Concurrence in divers Ordinances:

1. An Ordinance for paying out of the Excise Ten Thousand Pounds; Six Thousand Five Hundred Pounds to the Lord General's Army, and Three Thousand Five Hundred Pounds to Sir Wm. Waller's Forces. (Here enter.)

Read Thrice, and Agreed to.

2. An Ordinance for (fn. 2) paying Ten Thousand Pounds to the Fellowship of Merchant Adventurers, out of the Excise. (Here enter it.)

Read Thrice, and Agreed to.

3. An Order for paying Five Thousand Pounds, for the Affairs of the West, out of Habberdashers Hall.

(Here enter it.)

Agreed to.

4. An Ordinance for taking off the Sequestration of Sir Thomas Allen's Estate. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Orders and Ordinances now brought up.

Message from the Assembly, with a Dissent of some of them to One of the Propositions for Church Government.

A Message was brought from the Assembly of Divines, by Mr. Marshall and others:

To deliver to their Lordships, from the Assembly, the Reasons of the dissenting Brethren to the Third Proposition concerning Church Government, and the Answer of the Assembly to the same.

Which Reasons and Answer this House received.

The Lord North reported from the Committee, the Heads prepared for a Conference with the House of Commons, concerning the Ordinance touching the Archbishop of Canterbury; which was read, as followeth:

Heads for a Conference on the Ordinance for the Attainder of the Archbishop of Cant.

"The Ordinance that concerns the Archbishop of Canterbury consisting of Matter of Fact, and the Punishment therein applied importing Treason, which, as divers Members of the House of Commons who lately managed that Cause well know, was by the Counsel of the Archbishop strongly opposed; alledging the Statute of a Restraint of Treasons to be confined to the Statute of the 25 E. III. with many other Allegations and Arguments whereby to exempt the Archbishop, upon all the Crimes objected against him, from such Height of Punishment; all which remaining still with (fn. 3) them as unanswered, the Lords have thought good to acquaint the House of Commons with their just Scruple therein, which is such, as for the present, until further Satisfaction, they cannot so freely consent unto the Ordinance. But they, as formerly in another Way, so are now ready to receive what they will contribute herein."

The House approving of this; Ordered, That this should be communicated To-morrow Morning to the House of Commons, at a Free Conference; and the Lord North is to manage the Conference.

Message to the H. C. for the Conference.

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

To desire a Free Conference, To-morrow Morning, at Ten of the Clock, in the Painted Chamber, by a Committee of both Houses, touching the Ordinance for Attainder of the Archbishop of Canterbury.

Ordinance for the Commissioners of Excise to repay themselves 10,000£. advanced to the Ld. General's and Sir Wm. Waller's Armies.

"Whereas the Fellowship of Merchant Adventurers of England were, by Ordinance of both Houses of Parliament, dated the 10th of August, 1644, to receive Ten Thousand Pounds, with Interest at Eight Pounds per Cent. upon the Fourth Day of January next coming, out of the Receipts of the Excise, which Ten Thousand Pounds the said Fellowship hath agreed and consented to forbear for Six Months longer, to receive it as the same shall happen to fall due in Course, as by an Ordinance dated this present Three and Twentieth of December appeareth; and whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have, for the Service of the Armies under the Command of his Excellency the Earl of Essex and Sir William Waller, advanced the like Sum of Ten Thousand Pounds for the said Expedition: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise shall and may satisfy and reimburse themselves the said Ten Thousand Pounds, with Interest after the Rate of Eight per Cent. for such Time as they shall be unsatisfied the same, or any Part thereof, out of the First Receipts of the Excise coming in upon or after the Fourth of January next, in the Place and Stead of the said Fellowship of Merchants Adventurers of England, who were then to receive the same: And it is hereby further Ordained and Declared, That the said Commissioners shall not, by any other Order or Ordinance of either or both Houses of Parliament, be excluded from reimbursing themselves the said Ten Thousand Pounds, with [ (fn. 4) Interest as is before ordained; but shall be permitted fully to receive the same, until they be re-paid the whole Sum of Ten Thousand Pounds with] Interest as is before-mentioned, according to the true Intent and Meaning of this Ordinance, which shall be their sufficient Discharge in this Behalf: And it is also hereby Ordained, That the Commissioners of Excise do pay Six Thousand Five Hundred Pounds, Part of the said Ten Thousand Pounds by them advanced as aforesaid, unto Sir Gilbert Gerrard Baronet, Treasurer at Wars; and Three Thousand Five Hundred Pounds, the Residue, unto John Trenchard Esquire, whose respective Receipts shall be a sufficient Discharge unto them and every of them."

Ordinance to take off the Sequestration from Sir The. Allen's Estate.

"Whereas Sir Thomas Allen Knight hath been fined at One Thousand Pounds for his Delinquency, to pay the same by Way of Composition, to the Use of the State, and, in Pursuance of the said Composition, hath paid in Five Hundred Pounds on the Sixth Day of December Instant, and did then give Security for the Payment of the other Moiety, to the Content of the Committee intrusted for that Service: It is this Day Ordained and Declared, by the Lords and Commons in Parliament assembled, That the Sequestration of the said Sir Thomas Allen's Estate shall be, and is hereby, taken off and discharged, from the said Sixth Day of December."

Order for 5000£. for the Service of the West.

"The Lords and Commons, holding it very necessary that further Supplies should be speedily sent into the Western Parts, for the Relief of those distressed Counties, and to reduce them from being longer under the Power of the Enemy, as also to succour the Forces already sent thither, do Order, That the Committee at Habberdashers Hall shall forthwith advance, for the Service of the West, the Sum of Five Thousand Pounds, to be paid unto such Persons, and to be disposed of in such Manner, as by the Committee of Lords and Commons for the associated Western Counties shall be directed and appointed."

Ordinance to secure 10,000 l. to the Merchant Adventurers, Payment being for born Six Months longer.

"Whereas the Fellowship of Merchant Adventurers of England, for the Service of the Parliament, and the present Supply of the Armies, have again agreed to forbear the Receipt of Ten Thousand Pounds, to them assigned, and payable with Interest after the Rate of Eight Pounds per Cent. for Six Months, from the 4th of January next, or until the same shall fall due in Course out of the Receipts of the Excise or new Impost: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Fellowship shall receive the Interest due for the said Ten Thousand Pounds upon the Fourth of January next: And for the Principal, with the following Interest after the Rate of Eight Pounds per Cent. it is further Ordained, That the same shall be paid upon the Sixth Day of July next, out of the Receipts of the Excise or new Impost, in Case all other Payments formerly assigned be upon that Day first satisfied; and if not, then as the same shall fall due in Course, with the like Interest until the whole be satisfied; all which several Payments of Interest, and Principal and Interest as aforesaid, the Commissioners of Excise are hereby 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 Common Seal thereof, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them: And the said Lords and Commons do hereby further Ordain and Declare, That the said Fellowship shall not, by any other Order or Ordinance of One or both Houses of Parliament, be excluded from the several Payments and Receipts in the Times and Form before mentioned."