House of Lords Journal Volume 7: 11 October 1645

DIE Sabbati, 11 die Octobris.

PRAYERS, by Mr. Sallawey.

Ds. Grey de Warke, Speaker.

Ordinance for a new Excise, to pay Artificers.

Ordered, That the Committee for the Ordinance concerning the Artificers shall meet on Wednesday Morning next, at Nine a Clock; and the Parties concerned to have Notice.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree to the granting of a Pass for Mrs. Bridget Wray, to come to London, to the Burial of her Mother: To the rest of the Particulars of that Message, they will send an Answer by Messengers of their own.

Message to them, to press Hancock's being reinstated in his Ensigncy of St. Nicholas Island;

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

1. To let them know, that this House having long since sent down divers Votes concerning John Hancocke, who hath been a principal Instrument to preserve the Island of St. Nicholas, near Plymouth; and having, by several Messages to the House of Commons, (fn. 1) desired their Concurrence, and yet have never received any Satisfaction therein, or any Reason why their Concurrence was delayed, do now more earnestly recommend it to them, for their speedy Concurrence therein; the Matter being so just, and the Person so well deserving, and the Honour and Interest of the Parliament so nearly concerned in the Example, and the future Encouragement to Persons well to deserve of the Public.

with a Letter from the King of Denmark;

2. To deliver a Letter of the King of Denmark's to them, concerning Trade.

and about the Collect on for the Poor of Cornwall.

3. To put them in Mind of the Ordinance for a Collection for the People of Cornwall, that have been wellaffected to the Parliament.

Ordinance for Martial Law in Hampshire.

Next, the Ordinance for Martial Law for the County of Hampshire, was read the Second Time, and committed to a Committee of the whole House.

And accordingly the House was adjourned into a Committee presently, to take the said Ordinance into Consideration.

Capt. Morris's Petition.

Upon reading a Petition of Captain Lewis Morris: It is Ordered, That it be referred to the Common Law.

Letter from the E. of Lincoln.

Upon reading of a Letter from the Earl of Lyncolne, directed to the Speaker of this House: (Here enter the Letter.) It is Ordered, That this Business be taken into Consideration on Monday Morning next; and the Lords to have Notice to be then present; and the Votes and Proceeding thereupon to be looked out.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight, &c.;

To desire Concurrence in these several Particulars:

1. An Ordinance for advancing Ten Thousand Pounds, out of the Excise, for Sir Tho. Fairefax' Army.

(Here enter it.)

Agreed to.

2. An Ordinance of additional Powers for pressing of Men.

Read Twice, and committed to the Committee of the whole House; to be considered of on Monday Morning next.

3. An Ordinance for borrowing Forty Thousand Pounds, for Sir Tho. Fairefax' Army.

Read Twice, and committed to a Committee of the whole House; to be taken into Consideration on Monday Morning next.

4. An Ordinance for Tryers of Elders for the Classis of the Two Sergeants Innes.

5. An Ordinance for Two Thousand Pounds, out of Delinquents Compositions, for the Relief of poor Widows, &c.

6. An Ordinance for the Allowance of One Thousand Pounds per Annum to the Puny Judges.

7. An Ordinance for Two Thousand Pounds, for the Forces under Colonel Langhorne, out of the Receipts of the Excise.

8. An Ordinance for Five Hundred Pounds for Portsmouth, Part of the Five Thousand Pounds formerly granted.

9. An Ordinance for allowing Interest for the Ten Thousand Pounds charged upon the Receipts of the Excise for the Forces against Chester.

10. An Ordinance for paying Two Hundred Thirtythree Pounds, Eighteen Shillings, and Four Pence, by the Receivers of the Adventurers-money upon the Acts of Subscriptions for Ireland.

11. An Ordinance for paying to Mr. Thompson One Thousand Six Hundred and Seventy Pounds, and Eight Pence, by the Receivers of the Adventurers-money upon the Acts of Subscriptions for Ireland.

12. An Ordinance for discharging the Delinquency and Sequestration of Mr. Sawyer.

The Answer was:

Answer.

That this House agrees to the Ordinance for Ten Thousand Pounds: To the rest of the Particulars, this House will send an Answer by Messengers of their own.

E. of Lincoln's Letter, complaining of his being debarred from fitting in the House, for not taking the Covenant.

"For the Right Honourable the Lord Grey of Warke, or any other who is Speaker pro Tempore of the House of Lords; to be communicated to their Lordships.

"My Lord,

"Upon Resolves in the House of Lords, the 10th of August, 1644, now Fourteen Months since, That no Member or Assistant of that House, not having taken the National Covenant, should sit in the House after the 17th of the same Month; before the taking thereof, finding myself debarred of the undoubted Right of a Peer to sit in Parliament, the most ancient and greatest Honour (as I conceive) belonging to the Peerage, I have in this Length of Time, according to the best of my Judgement, weighed with myself the Cause of my Sequestration, and being deprived of this my undoubted Privilege, without any Charge against me personally made, nor any Judgement upon me given, which should render me unworthy or uncapable to enjoy my Privilege; in which Case and Proceeding, I never doubted the Power of either House over their Members: I humbly offer to their Lordships, whether, for a bare Omission, or deferring (upon Scruple of Conscience, wherein as yet I remain unsatisfied) to do that which is not imposed by any Act or Ordinance of Parliament with any Penalty upon the meanest Subject, for that myself should be debarred of the highest and most undoubted Privilege of a Peer: This I held it my Duty to intimate to their Lordships for the present; and for Posterity, that Vote may be, as many others have been, taken into their further Honourable Considerations, and myself freed from the Restraint of enjoying my Privilege, which I have with your Lordships, by Ordinance of this Parliament, protested to maintain. My Lord, I do in this not look merely upon mine own Interest, but upon the high and general Concernment, and rest

Barkesheir House, this 10th of October, 1645.

"Your Lordship's

"Most humble Servant,

"T. Lyncolne."

Ordinance for the Commissioners of Excise to re-pay themselves 10,000l. advanced for Sir T. Fairfax's Army.

"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, have advanced and lent the Sum of Ten Thousand Pounds, Part of Fifty Thousand Pounds, charged by Ordinance of the 2d of Sept. 1645, to be paid in Course, for the Service of the Army under the Command of Sir Thomas Fairefax, out of the Receipts of the Excise, by Ordinance of the 11th of Sept. 1643; the Necessities of the said Forces being such as require a speedy Supply: Be it Ordained, by the Lords and Commons in Parliament, That the said Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be reimbursed, the said Ten 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, to come in upon the said Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from being satisfied accordingly; and the Commissioners of Excise are hereby authorized to pay the said Sum of Ten Thousand Pounds to Sir John Wollaston Knight, Alderman of the City of London, and the rest of the Treasurers at Wars, or any Two of them, One being an Alderman; whose Receipt, together with this Ordinance, shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the said Ten Thousand Pounds in that Behalf: And be it further Ordained, That in case the said Ten Thousand Pounds and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Intervals or Course of this present Year, ending the 11th of September, 1646; that then the said Commissioners of Excise, their Executors and Administrators, shall be reimbursed and paid out of the further Receipts of the Excise for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of Principal and Interest accordingly."