House of Lords Journal Volume 7: 11 September 1645

DIE Jovis, 11 die Septembris.

PRAYERS, by Mr. Bridge.

Ds. Grey de Warke, Speaker.

Foster and Wine sent for, for killing the E. of Suff's Deer at Somersham.

Upon reading a Letter of Sir Charles Howard, "That Henry Foster and Benjamin Wine have committed Violence, and killed the Deer, of the Earl of Suffolk, in Sumersham Parke, in the County of Huntingdon:"

It is Ordered, That the said Foster and Wine shall be summoned to appear before this House on Tuesday next, to answer this Complaint, at which Time the Witnesses are to be present, to testify their Knowledge herein; and that the Guns taken away from the Keepers of the said Park shall by the Soldiers be restored.

Hawes's Cause.

Upon the Petition of Anne Hawes Widow, and the Governors of Christ Hospitall: It is Ordered, That the Cause between them and Nic. Hawes shall be heard, at this Bar, the 17th of October next.

Ordinance for Mr. Norfolk to be Serjeant at Arms.

An Ordinance was brought in, and read, to admit James Norfolk to be a Serjeant at Arms, in the Place of John Powell.

It is Ordered, That the rest of the Serjeants at Arms shall be heard on Monday next, what they can say concerning this Ordinance.

Walsingham and Baker.

Ordered, That the Cause between Sir Tho. Walsingham and Sir John Baker shall be heard the 21th of October next.

Message from the H C. with a Paper from the Scots Commissioners;

A Message was brought from the House of Commons, by Sir John Clatworthy Knight; consisting of these Particulars:

1. A Paper from the Commissioners of the Kingdom of Scotland.

to expedite the following Ordinances, &c.

2. To desire Expedition in these Ordinances formerly brought up:

1. The Ordinance concerning selling of Delinquents Lands.

2. The Ordinance concerning Martial Law.

3. The adding of Committees Names to the Eastern Association.

4. The Ordinance for the Comptroller of the Excise.

and with Orders for Concurrence.

3. An Ordinance for a Committee to be sent into Munster. (Here enter it.)

Agreed to.

4. Persons to be added to be Deputy Lieutenants of the County of Lyncolne. (Here enter it.)

Agreed to.

5. An Ordinance concerning Block-houses upon The Thames. (Here enter it.)

Agreed to.

6. An Ordinance for reimbursing the Commissioners of Excise Three Thousand Pounds.

(Here enter it.)

Agreed to.

7. An Ordinance concerning the First Buyer of Commodities, whereby the Excise is much prejudiced.

Read Twice, and committed to a Committee of the whole House.

8. That Alderman Langham and his Son be added to the Committee for the County of North'ton.

(Here enter it.)

Agreed to.

The Scotch Paper was read, as follows:

Paper from the Scots Commissioners, about representing the State of Affairs in Scotland to a Grand Committee of both Houses.

"Die Mercurii, 10 Sept. 1645.

"We receved from your Lordships, upon Monday last, the 8th of this Instante, Two Papers, wherein it is desired that we should give particuler Information of the late unhappy Blow in Scotland, and of the present Condition there; and what is intended to be done with the Scottish Army before Hereford, and that Party of Horse gone under Lieutenant General David Lesley towards Scotland; and have thought fitt to offer to the Consideration of the Right Honorable Houses, whether, upon this extraordinary Occasion, it might not stand with the Pleasure of the Honorable Houses, that the true State of Affaires in the Kingdome of Scotland be represented at a Grand Comittee of both Houses, that, after a full Understanding of the present Condition of that Kingdome, Consultation may the better be taken for their Releife, to the best Advantage of both Kingdomes.

"By Command of the Comissioners for the Parliament of Scotland."

Committees to meet about it.

Ordered, That a Meeting be given To-morrow Morning, in the Painted Chamber, by a Committee of the whole House; and to desire the House of Commons would do the like.

Ordinance for an Auditor and Comptroller of Excise.

Upon Information to this House, "That Mr. Fauconbridge and Mr. Bond are not willing to undertake the Places of Auditor and Comptroller over the Excise, unless the Ordinance might pass for their Salary, as it came (fn. 1) from the House of Commons."

And upon divers other Reasons which concerned the State in Point of Profit; and in regard that the former Ordinance will expire this Day, whereby the Public will be much prejudiced, if it should not speedily pass; the House took the said Ordinance into further Consideration; and Ordered, That it pass as it came from the House of Commons. (Here enter it.)

The Answer returned was:

Answer to the H. C.

That this House appoints To-morrow Morning to give the Scotts Commissioners a Meeting, in the Painted Chamber, at Ten of the Clock, by a Committee of the whole House, if it stand with the Conveniency of the House of Commons.

To the Ordinance concerning the First Buyer of Commodities which pay Excise; and to the Ordinance for selling of Delinquents Estates; and to the Ordinance concerning Martial Law; and the adding of Persons Names to the Committee for Sequestrations in the Eastern Association; this House will send an Answer by Messengers of their own: To all the rest, their Lordships do (fn. 2) agree.

Answer from thence.

Dr. Aylett and Dr. Heath return with this Answer from the House of Commons:

That they will send an Answer, by Messengers of their own, concerning the Earl of Stamford's Business, the Duke of Gelders, and the Ordinance concerning Trynity Colledge.

Message from thence, with Votes about the King's Children.

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

To desire their Lordships Concurrence in divers Votes, concerning the King's Children:

"1. That Five Thousand Pounds per Annum be allowed to the Earl of Northumb. for the keeping of the King's Younger Children in an honourable Way."

Agreed to.

"2. That the Earl of Northumb. shall have the Use of Whitehall, St. James' House, or Somersett House, or any other of the King's Houses near the City, as he shall find Occasion; and that, upon his Warrant, the several and respective Officers whom it doth concern shall deliver such Hangings, Bedding, Plate, Silver Vessels, or such other necessary and fitting Accommodations, as he shall require, for the Use of the King's Children, and for furnishing and accommodating such of the King's Houses as he shall upon Occasion think fit to make Use of."

Agreed to.

"3. That the Allowance to the Physicians appointed to attend the King's Children shall not be understood to be comprehended within the Five Thousand Pounds per Annum allowed to the Earl of Northumb. for keeping the King's Children."

Agreed to.

"4. That the Five Thousand Pounds per Annum, and the Three Thousand Pounds per Annum, appointed to the Earl of Northumb. for keeping the King's Younger Children, and for his own Support, be paid by the Committee of the King's, Queen's, and Prince's Revenue; and that they give Direction for the Payment thereof proportionably, out of the Profits of the Mint, every Week; and that in case such Assignation out of the Mint shall not supply the same, that then the same shall be paid out of the Receipt of the Revenue."

Agreed to.

"5. That the Houses do Declare, That they hold it fit that the King's Children be forthwith removed to St. James' House."

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all these Votes now brought up.

Lords Leave to be absent.

Ordered, That the Earl of Northumb. and the Lord Viscount Say & Seale have Leave to be absent from their attending this House for some Time, for their Health's Sake.

Spence released.

Ordered, That Spence shall be released from his present Custody.

Ordinance for a Committee in Munster to manage Affairs there.

"Whereas the Lords and Commons in this present Parliament assembled have thought it expedient, that some Persons of Trust be nominated and sent into the Province of Munster, in Ireland, as a Committee, to advise, counsel, and direct, in Matters concerning the Army there, and the Safety of that Country; they have thought fit to nominate, ordain, and appoint, and have hereby nominated, ordained, and appointed, the Lord Inchiquin Lord President of Munster, Colonel William Jephson One of the Members of the House of Commons, William Parsons Esquire, Lieutenant Colonel Francis Rowe, and Major John Booker, or any Two of them, to be a Committee, to advise, consult, and direct, concerning the Affairs of the Army in Munster, and the carrying on and managing of the War there for the best Advantage of that Province; wherein they are to observe and follow such Instructions, Orders, and Directions, as they shall herewith, or from Time to Time hereafter, receive from both Houses of Parliament, the Committee of both Kingdoms, or from the Committee of Lords and Commons for Ireland, of the First of July, 1645, residing at Westm.: Provided, That this Ordinance shall continue for Eight Months, to be accounted from the First of September, and no longer."

Deputy Lieutenants for Lincoln.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir John Brownlow Baronet, Sir Richard Erle Baronet, Sir Hamond Whitchcote Knight, Francis Peerepoint, John Wray, Edward Aiscough, William Ofeild, John Broxholme, William Ellis, Edmond Anderson, Wm. Disney, Henry Pelham, William Savill, Edmond Ellis, and Henry Massingberd, Esquires, shall be Deputy Lieutenants for the County of Lyncolne."

Ordinance to continue the Block-houses, &c. for the Defence of The Thames.

"Whereas, for the Maintenance of Two Blockhouses set up in the North and South Side of the River of Thames above Bridge, and a Pinnace below Bridge, an Ordinance of Parliament, of the 7th of January 1644, was passed, whereby it is Ordained, That the Commissioners of Excise should pay unto the Committee of London, for Fortifications, the Sum of Fifty-six Pounds Monthly, for and during the Time of Six Months, which Time is now expired; and the Lords and Commons assembled in Parliament, finding it necessary that the said Block-houses and Pinnace should be continued and maintained, do therefore Order and Ordain, That the said Commissioners of Excise shall continue the Payment of Fifty-six Pounds per Month, for and during the Space of One whole Year, from the 18th Day of May last past, for the Payment and Maintenance of the Officers and Soldiers belonging to the said Blockhouses and Pinnace, unto Mr. Thomas Nowell, or Mr. James Story, Members of the said Committee of Fortifications, or, in their or either of their Absence, to such other of the said Committee as shall be nominated or appointed at a full Committee, under their Hands, whose Receipts from Time to Time shall be their Discharge; and shall be allowed unto the said Commissioners of Excise, upon Accompt; and the said Committee shall, from Time to Time, give Order to the Commander in Chief for the said Guards, to disburse and pay out the said Monies Monthly, of which he is to give an Accompt to the said Committee."

Ordinance for the Commissioners of Excise to reimburse themselves 3000 l. advanced for Hampshire.

"Whereas Thomas Foote 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 Three Thousand Pounds, Part of Five Thousand Pounds ordained to be paid, out of the Receipts of the Excise, to the Committee of Hants: Be it Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Three Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, upon the Ordinance of the 11th of September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, or, for Want of such Intervals, then as the same shall follow in Course; and that the said Commissioners of Excise shall pay the said Three Thousand Pounds unto the Committee of Hants aforesaid; the Receipt of whom, or of any Three of them, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."

Ordinance for Messieurs Bond and Fawconbridge to be Auditor and Comptroller of the Excise.

"The Lords and Commons in Parliament assembled, taking Notice of the Integrity, Pains, and Care, of the Commissioners of Excise, in Execution of that Trust committed unto them; yet finding it just and requisite that a Comptroll should be placed upon the Accompts of Excise, to give Satisfaction to themselves and this Kingdom; do Ordain, That Thomas Fawconbridge Esquire be Comptroller of the Office of [ (fn. 3) Excise of the] City of London, with the Limits and Extents thereof; and do give him full Power and Authority, by himself or his sufficient Deputies, to keep Accompt of all Entries, Receipts, Payments, Rebates, Tares, Trets, Discounts, Forfeitures, or any Bills of Sufferance whatsoever, within the Office and Limits aforesaid; and that no Person or Persons shall be discharged of any Duty belonging to the Office of Excise, before the same be signed by the said Thomas Fauconbridge or his Deputies, who are hereby enjoined to enter the same, from Time to Time, in a Book to be kept for that Purpose, and to sign according to the Instructions hereafter mentioned, and such other Instructions as the said Comptroller shall from Time to Time receive from both Houses of Parliament, or the Committee of Lords and Commons for the Excise.

"And it is further Ordained, That the said Thomas Fauconbridge shall have, for his Salary, the Yearly Sum of Five Hundred Pounds, to be paid him Quarterly by the Commissioners of Excise, who are hereby authorized and appointed to pay the same; for which, this present Ordinance, with his Receipt, shall be their sufficient Discharge: And the said Thomas Fauconbridge shall have such further Allowances, for his Deputies and Clerks, as shall be thought convenient by the said Committee of Excise, who are hereby authorized to proportion their Number and respective Salaries, and to give Warrant to the said Commissioners of Excise to pay the same accordingly, which Warrant shall be a sufficient Discharge to the said Commissioners for such Payments; and the said Thomas Fauconbridge shall Quarterly deliver a perfect Accompt of all Entries, Payments, Receipts, and Debts, unto William Bond, who is hereby ordained sole Auditor of all Excise and new Impost, within the Kingdom of England, Dominion of Wales, and Town of Barwicke, and is to have and execute the same Power and Authority granted to the Auditors in any former Ordinances of Excise whatsoever, excepting the making and keeping a Duplicate or Counterpart of all Accompts and Entries in the said Office: And it is likewise Ordained, That the said William Bond shall have, for his Salary, the Yearly Sum of Five Hundred Pounds, to be paid him Quarterly by the Commissioners of Excise, who are hereby authorized and appointed to pay the same; for which, this present Ordinance, with his Receipt, shall be their sufficient Discharge; and the said William Bond shall have such further Allowances, for his Clerks, as shall be thought convenient by the said Committee of Excise, who are hereby authorized to proportion their Number and respective Salaries, and to give Warrant to the Commissioners of Excise to pay the same accordingly; which Warrant shall be a sufficient Discharge to the said Commissioners for such Payment: And it is further Ordained, That the said Comptroller and his respective Deputies shall take an Oath, in these Words:

"You shall swear to be faithful and true in the Office of Comptroller of Excise or new Impost; and, to your best Skill and Knowledge, shall execute the same diligently and faithfully, according to the Direction of the Ordinance of Parliament, and such Instructions as are or shall be given you by both Houses of Parliament, or the Committee of Lords and Commons for Excise, in that Behalf; and shall do all Things belonging to your Place, according to your Ability, without any private Reward or private End to yourself, directly or indirectly; and you will not discover the Course of any Person's Trade unto any other Person whatsoever; and in all Things you shall well and truly behave yourself: So help you God, and the Contents of this Book."

"And that any Five of the Committee for Excise shall have Power to administer this Oath to the Comptroller or his Deputies.

"And it is further Ordained, by the Lords and Commons, That the said Thomas Fauconbridge and his Deputies shall execute the said Place and Office of Comptroller, according to this Ordinance, and the Instructions hereafter mentioned, and such other Instructions as the said Comptroller shall from Time to Time receive from both Houses of Parliament, or the said Committee of Lords and Commons for the Excise; who are hereby authorized to give further Instructions for that Purpose, as they shall see Cause.

"And it is lastly Ordained, That this Ordinance shall be of Force, and put in Execution, immediately from and after the Eleventh Day of September next ensuing, and not before."

Process from the Court of Wards, against the Earls of Bedford and Bolingbroke, for the Wardship of the Earl of Bath's Co-heirs, stopped.

Upon reading of the Petition of the Right Honourable William Earl of Bedford, and Oliver Earl of Bollingbrooke, this Day in the House, "That the late Earl of Bedford and said Earl of Bollingbrooke became bound to the King, for the Composition of the Wardship of the Daughters and Coheirs of the late Earl of Bath; and that, in the King's Name (who hath Possession of the Ward's Estate, and the Estate of the said William Earl of Bedford, and of good Part of the Earl of Bollingbrook's Estate), there is (fn. 4) Demand of Five Hundred Pounds, by Process out of the Court of Wards, for the said Composition; and the Sheriff of Midd. is ready to extend and execute the said Process on the Lands of the said Earl of Bedford, in the County of Midd."

It is Ordered, by the Lords in Parliament assembled, That the said Sheriff shall forbear to serve any Extent, or make any Seizure, upon the Lands of the said William Earl of Bedford, in the said County of Midd. it being an undoubted Privilege of the Peers, that their Estates are to be freed from all Seizures during the Continuance of the Parliament; and herein he is to yield his Obedience, as he will answer the contrary to this House.