House of Lords Journal Volume 7: 13 March 1645

DIE Jovis, 13 die Martii.

PRAYERS, by Mr. Taylor.

Ds. Grey de Warke, Speaker.

Letters from L. Mowbray and L. Howard, for Passes to go beyond Sea.

The Lord General acquainted the House, "That he received this Morning Two Letters, One from the Lord Mowbray and Maltravers, the other from the Lord Howard of Charlton;" which were commanded to be read, as followeth:

"My Lord,

"Having His Majesty's Licence to go beyond Sea, I am now a Suitor to your Lordship (as I was formerly by some of my Friends), for your Pass to go securely through your Quarters, with my Servants, Horses, and necessary Baggage. I assure your Lordship, I will no Way abuse your Favour therein, but acknowledge it for a very great Favour to

From Oxford, 11th March, 1644.

"Your Lordship's

"Humble Servant,

"Moubray & Matravers.

"For the Earl of Essex."

"My Lord,

"I have Licence from His Majesty to go into Holland; and am now a Suitor to your Lordship, to give me a a Pass, to go securely through your Quarters, for myself, Horses, and Servants, and what necessary Baggage I should travel with; and, if you please, likewise to enable me thereby to make same Stay at Charlton, in the County of Wilts, till I can get some few Business settled (fn. 1) which lie upon my Hands. And here I pass my Honour to your Lordship, in no Kind to abuse the Favour. So I rest, my Lord,

Oxford, March, the 11th 1644.

"Your Lordship's,

"Humble Servant,

"Howard de Ch.

"For the Earl of Essex."

Refused by the House.

Ordered, That this House declared their Dissent herein; and that the Lord General should not grant the Two Lords any Passes as is desired.

Pass for some Spaniards and Dutchmen to Dartmouth, to recover Silver there.

Ordered, That a Pass be granted to Gio De Franchi and Gio Battanues his Man, to go to Dartmouth, and to return by Sea or Land, with Three Chests of Silver belonging to the Ambassador of Spaine, his Part of the Lading of Barrels shipped, and His Majesty's Warrant Ordered to be restored to his Lordship; and another Pass, for Roberto Vaque and Baldazar Weryois and Ubertus Scoliers, Dutchmen, and Joos Sadale their Servant, to go to Oxford, and from thence to Dartmouth, to procure Restitution of Twelve Chests of Silver, and other Goods in the same, belonging unto them.

Suits in Chancery against the E. of Chesterfield and L. Rich.

Ordered, That the Committee for Privileges (fn. 2) do meet To-morrow, in the Afternoon, to consider of the (fn. 3) Case of the Earl of Chesterfield, and the Lord Rich, concerning the sending of Letters to them, to summon into the Chancery; and to report to this House.

Message to the H. C. to expedite sundry Particulars.

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

1. To put them in Mind of Mr. Sharpe for to (fn. 4) be Minister of Sundritch, and Mr. Harbourne for to be Minister of Chevein, both in Kent; and to desire their Concurrence therein.

2. To desire Concurrence to the Order for Printing of the Directory.

3. That they will expedite the List for the New Model of the Army.

4. To expedite the Ordinance lately sent down, for the Election and Establishing of Elders in every Congregation.

Countess of Peterborough's Petition, for Mr. Mawd to have Possession of the Parsonage of Mickleham.

Upon reading the Petition of Elizabeth Countess Dowager of Peterburgh; shewing, "That whereas the Church of Mickleham, in the County of Surry, became void, upon the Death of Mr. Nelson, late Incumbent there, whereunto the Petitioner, having just Right of Presentation, presented one Francis Mawd; and, by a former Petition, it was Ordered, That Mr. Doctor Mason, Chancellor to the Bishop of that Diocese, should, upon Sight of the said Order, institute and induct the said Mawd into the Parsonage of Mickleham, which he did accordingly, and Mr. Mawd did for above Two Months together constantly officiate in the said Cure; yet now one Mr. Hill, who was put in upon the Sequestration of Mr. Nelson, doth officiate in the said Cure; and the Committee of Kingston in Surry hath Ordered, that the said Mr. Mawde shall not officiate there in the said Cure (though the Sequestration be taken off by the Committee for Plundered Ministers), under Pretence that the said Mr. Mawd hath not obtained an Approbation by the Assembly of Divines, although the said Mr. Mawd hath several Times attended the Assembly, and desired to be examined; but their Answer hath been, that, in regard the Sequestration was taken off, [ (fn. 5) they conceived] they had no Power to examine him."

Hereupon it is Ordered, That the said Mr. Mawd shall be permitted to officiate in the said Cure, and have the Possession of the said Church and Parsonage-house, with all the Rights to them belonging, so that thereby the Petitioner's Right of Inheritance may be maintained, and the said Mr. Mawd may quietly enjoy the said Parsonage, according to the Laws of the Kingdom, without the Interruption of the said Committee, or any Person whatsoever.

Justice Reeves, Leave to be absent.

Ordered, That Mr. Justice Reeves hath Leave to go to his (fn. 6) House in Norwich, for his Health; and his Absence is excused until the Week after Easter next.

Ordinance concerning Martial Law.

Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance concerning Martial Law.

The House being resumed, the said Ordinance was reported, and Agreed to; and Ordered to be ingrossed, and sent down to the House of Commons, for their Concurrence.

Answer from the H. C.

Sir Edward Leech and Mr. Page returned with this Answer:

That they do agree to the Order for the Printing of the Directory. (Here enter it.) Concerning the List of the new Model of the Army, they are in present Consideration of it; concerning the Ordinance for appointing of Elders, and concerning Mr. Sharpe and Mr. Harbourne, they will send an Answer by Messengers of their own.

Message from thence, to fit a while.

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

To desire that their Lordships would please to fit a while, for they have some Business to impart to their Lordships.

The Answer returned was:

Answer.

This House will sit a while, as is desired.

Staveley & Uxor.

Ordered, That the Cause of Mr. Stavely, between him and his Wife, shall be heard the 16th of April next, at which Time all the Persons named in the Petition shall appear in Person.

E. of Stamford's Petition for 2000l. out of Delinquents Estates.

Upon reading the Petition of Henry Earl of Stamford; shewing, "That he having formerly made known his great Wants and Sufferings, occasioned by the destroying Enemy, who hath so much impoverished his Tenants, by their continual Plunderings, and great Taxes imposed upon them for the Maintenance of the Parliament Forces, little or no Rent can be raised out of his said Lands, for the Support and Maintenance of his Family; he humbly desires, that, if he can discover to the Sum of Two Thousand Pounds, out of the Estate of any Malignants not yet discovered, that it may be granted unto him upon Accompt, by Ordinance of Parliament."

Ordered, To be recommended to the House of Commons; and accordingly it was sent down to the House of Commons, by Sir Edw. Leech and Mr. Page.

Mrs. Nicholson's Petition, for an Allowance out of her Husband's Living.

Upon reading the Petition of Mary Nicholson; desiring, "That she may have the Fifth Part of her Husband's Living of Stapleford Tawny, in the County of Essex, it being sequestered from him by the Houses:" It is Ordered, To be recommended to the Committee for Sequestrations, to give Relief therein.

Report concerning the Book called Britannicus.

Mr. Justice Reeves reported, "That he and Mr. Serjeant Whitfield have perused the Book called Brittanicus; and they find One Passage concerning His Majesty very derogatory and scandalous."

Which being read, it is Ordered, That the supposed Author, Captain Awdley, shall be brought in safe Custody before this House To-morrow Morning; and the Printer to be brought in Custody likewise.

Message from the H. C. with an Ordinance;

A Message was brought from the House of Commons, by Sir Christopher Yelverton Knight and Baronet:

To desire their Lordships Concurrence in an Ordinance (fn. 7) for a Tax to be laid upon the County of Gloucester.

(Here enter it.)

Read Thrice, and Agreed to.

and for a Conference about new modeling the Army.

2. To desire a Conference, so soon as may stand with their Lordships Conveniency, concerning the List for the new Model of the Army.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for the assessing the County of Gloucester; and that they will give a present Conference, in the Painted Chamber, as is desired.

Marquis De Fertambo to transport Horses.

Ordered, That the Marquis De Fertambo shall have Liberty to transport Two Geldings into France.

The Earl of Denbigh and the Lord Viscount Say & Seale are appointed to report this next Conference.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the List for the new Model of the Army.

The Earl of Denbigh reported the Effect of this Conference:

"That the House of Commons took Notice of their Lordships Message this Day, for Expedition of the List concerning the new Model of the Army; and, upon Consideration thereof, the House of Commons finds there are great Alterations in the List; and their Opinion is, That the Recommendations of the Houses is against the Ordinance of Parliament passed; and that a Recommendation is inconvenient, and of the Nature of a Command to Sir Thomas Fairfaix; therefore not be admitted. That, upon Consideration of the whole Matter, the House of Commons do adhere to the List as it was sent up to their Lordships; and for these Reasons:

"1. Because Sir Thomas Fairefaix hath nominated these Officers by Ordinance of Parliament; and the House of Commons received Satisfaction of their Fitness to be employed in this Service, and nothing hath appeared from their Lordships to the contrary.

"2. It is conducing to the Service, that the Officers to command under Sir Tho. Fairefaix should receive the Obligation to be named by himself.

"3. That the Disputes between the Houses, concerning the Deserts of the Officers, wherein they differ, cannot but prove most dangerous, and draw a Disobligation on any that shall be pretermitted, and Difference amongst themselves; and will take up so much Time, as, considering the Conjuncture of our Affairs, may leave us without any Army to make Opposition against the Enemy.

"The Ordinance hath left the Nomination of the Officers to Sir Thomas Fairefaix; and the House of Commons hath thereupon forborn any Recommendation; and cannot consent to any, for the Reasons before expressed: Therefore they desire their Lordships would please to take the same into Consideration."

Ordered, That this Business now reported shall be taken into Consideration To-morrow Morning, the First Business; and the Lords are to have Notice to be all here.

"An Ordinance for the Continuance of a Weekly Assessment on the County of Gloucester, and on the City and County of the City of Gloucester.

Ordinance to continue the Weekly Assessment in Gloucester.

"Whereas the Committee nominated in a former Ordinance of Parliament, for raising and maintaining of Horse and Foot, for the Garrison of Gloucester, and for the County of Gloucester, Hereford, Monmouth, Glamorgan, Brecknocke, and Radnor, are not able, by the Ordinances of Sequestration of Delinquents and Papists Estates, and the Ordinance of raising Monies by taxing such as have not contributed, or not according to their Estates, to raise such present Sums of Money as are expedient for the Maintenance of the present Forces within the said Garrison and County of Gloucester: It is therefore Ordained, and be it hereby Ordained, by the Lords and Commons in Parliament assembled, That the said Committee nominated in the said Ordinance, or any Four or more of them, shall have, and hereby hath, Power and Authority to rate and tax upon the said County of Gloucester the Sum of One Thousand Pounds per Week, and on the said City and County of the said City of Gloucester the Sum of One Hundred Pounds a Week, to begin from the Sixteenth Day of January last past, and so to be Weekly paid, for the Space of Nine Months from thenceforth next ensuing, unless the said Houses of Parliament shall make any other Order concerning the same, to be rated, taxed, levied, and collected, in such Sort, Manner, and Form, as is prescribed in the former Ordinances of the Weekly Assessments, and in Lieu of the said Weekly Assessments, and to be employed for and towards the Maintenance of the said Forces in the said Garrison and County of Gloucester and City and County of the City of Gloucester aforesaid."

Directory for Public Worship to be printed.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That this Directory, and Ordinance concerning it, be forthwith printed and published, wherein Mr. Henry Roborough and Mr. Adoniram Byfeild, the Scribes of the Assembly of Divines, are required to use all possible Care and Diligence, that it be from Time to Time faithfully and exactly done: And, for preventing of all Abuses therein, it is further Ordered, That no Person or Persons whatsoever shall presume to print or re-print the same, in any Volume, but only such as shall be appointed and authorized thereunto by the said Scribes; and that no Person or Persons shall presume to sell, barter, or any Way to spread or convey, any Books or Copies of the said Directory, printed without the Appointment abovesaid, upon Pain and Forfeiture of the whole Impression, if any such be so printed, and of all such Books or Copies thereof as shall be offered to Sale, Bartering, or be any other Ways spread abroad; and all and every Person offending in any of the Premises to be liable to such further Punishment, as the Contempt of an Ordinance of Parliament shall deserve."

Adjourn.

House adjourned till 9^a cras.