House of Lords Journal Volume 7: 13 January 1645

DIE Lunæ, 13 die Januarii.

PRAYERS, by Mr. Burges.

Ds. Grey de Warke, Speaker.

Ordinance to sequester Delinquents Estates in Essex.

The Lord Admiral reported, "That the Committee hath considered of the Ordinance concerning the County of Essex, and think it fit to pass, with some Amendments, which they offer to this House."

The Ordinance with the Alterations being read, the House Agreed to the same, with the Alterations.

(Here enter it.)

Message to the H. C. with it;

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

To let them know, that this House agrees in the Ordinance concerning the County of Essex, with the few Alterations; and desire their Concurrence therein.

and to remind them of the E. of Manchester's Narrative.

2. To desire the House of Commons, that they would take into Consideration the Narrative of the Earl of Manchester, formerly communicated to them.

Evidences concerning Mr. Thayne returned to Haberdashers Hall.

This Day Rob't Powell, Wm. Cooke, and Ann Lane, and Eliz. Homes, were sworn at this Bar, who are to give in Information of what they know concerning the Business contained in the Articles touching Mr. Thayne, Gentleman Usher attending this House, presented to this House by the Lord Howard, from the Committee at Haberdashers Hall; and now this House Orders, That the Informations be returned to the said Committee, and refers the Business to them.

Message from the H. C. to pass the Ordinance for excluding Members of both Houses from holding Offices.

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

To let their Lordships know, that the House of Commons having formerly sent up an Ordinance, to exempt the Members of either House of Parliament from having any Place in Civil or Military Affairs during the War, and they have put their Lordships often in Mind of it, and how Delay of passing it would not only prove dangerous, but destructive; therefore the House of Commons do now desire their Lordships would please to pass the said Ordinance.

The Answer returned was:

Answer.

That their Lordships will take their Message into speedy Consideration, and send an Answer by Messengers of their own.

Then the House took into Consideration this Ordinance for exempting the Members of either Houses for having Places in Civil or Military Affairs, during the War; and, after Debate, the Ordinance was read the Third Time.

And it being put to the Question, "Whether this Ordinance should pass or not?"

It was Resolved in the Negative.

Committee to draw up One to prevent them from holding Civil Offices.

Hereupon this House Ordered, That the former Committee appointed shall meet this Afternoon, at Two of the Clock, to consider of the drawing up of an Ordinance, for the exempting the Members of either Houses of Parliament from holding Offices in Civil Affairs, and to report the same to this House; and Mr. Justice Bacon and Mr. Baron Trevor, and Mr. Serjeant Whitfield and Mr. Serjeant Fynth, to attend the Committee.

Committees to meet, to consider of an Answer to The States Ambassadors.

The House was informed, "That The States Ambassadors are going Home, pretending [ (fn. 1) they can] receive no satisfactory Answer to their Demands presented to the Parliament."

Hereupon this House Ordered, That the Lords Committees for that Business shall meet To-morrow in the Afternoon, and consider what Answer is fit to give them; and to send to the House of Commons, to desire that their Committee may meet likewise.

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

A Message was brought from the House of Commonss, by Sir John Evelyn Knight, &c.

To desire their Lordships would give Expedition to the Ordinance for Continuance of the Ordinance for Martial Law, because some are to be tried that are come out of Kent.

2ly, To desire their Lordships Concurrence in this Ordinance following:

and with an Ordinance for the Sheriffs to have Patents under the Great Seal.

"Ordered, by the Lords and Commons in Parliament assembled, That the Commissioners of the Great Seal be required to grant Patents to all such Persons as both Houses shall name to be Sheriffs, in any County in this Kingdom; and to grant all such Patents, Commissions, and Writs, which usually are granted for the Discharge of the former Sheriffs; and for giving Power to the new Sheriffs."

Agreed to.

Ordered, That this House will take into Consideration To-morrow Morning the Ordinance concerning Continuance of the Ordinance concerning Martial Law.

The Answer returned was:

Answer.

That this House agrees to the Ordinance concerning Sheriffs; and touching the Ordinance for Martial (fn. 2) Law, their Lordships will send an Answer by Messengers of their own.

Absent Lords excused.

The Earl of Stamford and the Lord Wharton were excused for their Absence this Day from this House.

Report from the Committee of both Kingdoms, concerning the Propositions to the King, and the Manner of the Treaty.

The Lord Viscount Say & Seale reported from the Committee of both Kingdoms, "That the Scottish Commissioners have consented to the inserting of the Propositions concerning Ireland; and they present to the Consideration of this House an Addition to the End of the further Answer to be sent to the King:

["And to the End that the Persons sent from Your Majesty and from us may repair to Uxbridge, stay there, and return at their Pleasure, safe Conducts may be mutually granted."]

"That the Houses and Scottish Commissioners will please to fill up the Blanks with the Names of such Persons as they shall think fit.

The Answer to the King to be signed.

"That the further Answer to His Majesty's Message be signed by the Speakers of both Houses, and by some of the Scottish Commissioners, and sent in a Letter from the Lord General, by some he shall appoint, together with a Trumpet; a Draught of which Letter they have prepared, which they now offer to this House.

"The Copy of the Letter:

Letter from the Lord General with it.

"I am commanded by both Houses of Parliament of England, and desired by the Commissioners of the Kingdom of Scotland, to send to you this their further Answer to His Majesty's Message of the 13th of December last, to be presented unto His Majesty.

"The Committee are in Preparation of the Instructions; but conceive that the less public those are made, until His Majesty's Answer be returned to this Letter now sent, it will be more advantageous for the Service."

Ordered, That this House approves of this Report in every Particular, and gives the Lord General Authority to send the Letter to be presented to the King.

Committee to treat with the King.

Ordered, That this House nominates these Four Lords following, to join with a proportionable Number of the House of Commons, to treat with the King:

Message to the H. C. to name One for the same Purpose.

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

To let them know, that this House approves of the Report from the Committee of both Kingdoms concerning the Treaty, and have given Power to the Lord General, to send the Answer in the Letter, for to be presented to the King; and that their Lordships have nominated Four Lords to treat, and desire they would nominate a proportionable Number of their House, to join with the Lords.

Ordinance concerning the billeting of Soldiers.

The Ordinance concerning the billeting of Soldiers was reported from the Committee, who presented it as their Opinion as fit to pass, with a Proviso for exempting the Members of Parliament, and the Assistants of the Lords and Attendants of both Houses; which being read, the said Ordinance was Agreed to with that Proviso.

Ordinance to sequester Delinquents Estates in Essex, for the Benefit of the said County.

"Whereas the County of Essex hath been ready, upon all Occasions, to express their good Affections to the Public Cause, and to hazard their Lives and Fortunes for the Defence of the King, Parliament, and Kingdom, especially in that Expedition about July last, in sending forth their Forces with that Alacrity and Speed to assist Sir William Waller and Major General Browne, to the great Charge of the said County, and great Advantage of the Commonwealth: The Lords and Commons, taking the same into their Consideration, do Order and Ordain the Standing Committee of the said County to seize and sequester all the concealed Personal Estates belonging to any Delinquents or Papists in that County, not yet discovered, for and towards the Satisfaction of the said Charge, and for the Defence of the said County; and also shall have Power to seize and sequester all the Profits of Delinquents and Papists Courts in the said County (except the Quit-rents), and other certain Rents payable at the said Courts, to the Uses aforesaid; and to send forth Court Rolls and Writings belonging to the same, and to appoint Stewards to keep the said Courts; and to make Fines and Compositions, for Grants and Admittances, with the several Tenants of the several Manors of the said Papists or Delinquents lying in the said County; and to grant Admittances for Lives, Years, or for Estate of Inheritance, according to the several Customs and Usages of the said several respective Manors; and that the said Committee shall have full Power and Authority to do any Act and Thing concerning the said Manor and Copyholds aforesaid, in as ample Manner as the Lords of the said Manors might lawfully do.

"And it is further Ordered and Ordained, by the said Lords and Commons, That the said Committee shall take the Benefit of Sir Thomas Wiseman's Estate, if it were sequestered, or to compound for the same; and also to receive the Debt of Eleven Hundred Pounds, owing from Mr. Digby and Mr. Westbrowne to Sir Henry Audley, for Timber, if it prove sequestered, with Power to compound for the same, to the Uses aforesaid.

"And the said Lords and Commons do Order and Ordain, That the Rents and Profits of the Manors and Lands of the Lady Rivers, sequestered within the said County, and conveyed for Payment of her Debts, and other Things in that Deed mentioned to be received by the Trustees to pay the Debts of the said Countess, amounting at the Time of the Conveyance to Sixteen Thousand Pounds Principal, and also Eight Hundred Pounds per Annum for the said Countess's Maintenance, to be paid according to the said Deed, by her made before Sequestration, and allowed and confirmed by Order of the Committee of Lords and Commons for Sequestration of Papists and Delinquents Estates; provided, that the said Trustees, or some of them, do Half-yearly, every Year, upon Fourteen Days Notice in that Behalf left in Writing at the Manor-house of St. Osyth, make their Accompt to the Standing Committee of the said County, concerning their Receipts of all Rents and Profits grown, or hereafter to grow, since the said Conveyance, and of all Payments, to the End that, when the said Debts are cleared, the Sequestration may take Place to the Use aforesaid; and that the said Standing Committee shall have Power also to examine the Truth of the Debts for which the Conveyance is alledged to have been made, and (fn. 3) of the Disposure of the Rents and Profits since the said Conveyance; and that the Benefit of Two Parts of all other Manors and Lands, which came to the Countess since the Decease of the Countess's Mother, not contained in the said Conveyance (if any be), be likewise received to the foresaid Use, by the Standing Committee of the said County: Provided always, and so it is further Ordered and Ordained, by the said Lords and Commons in Parliament assembled, That if any Question arise, touching the said Receipts, Payments, and Trust, touching the Premises, between the Trustees of the said Lady Rivers or their Assigns, and the Committee or their Officers, that, in every such Case, all the Parties may appeal to the Committee of Lords and Commons for Sequestrations, who may examine the same, and give their Order and Direction therein; this present Ordinance, or any Thing therein contained to the contrary, in any Wise notwithstanding.

"Lastly, the said Lords and Commons do Order and Ordain, That all Persons and Tenants, that do any Thing, or pay any Money, by virtue of this Ordinance, shall be discharged against their Landlords and all other Persons, and shall be saved harmless, by Authority of Parliament."

Adjourn.

House adjourned till 9^a cras.