House of Lords Journal Volume 7: 14 October 1645

DIE Martis, 14 die Octobris.

PRAYERS, by Mr. Carryll.

Ds. Grey de Warke, Speaker.

Message to the H. C. about the following Particulars.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Page:

1. To desire their Concurrence in the Alteration in the Ordinance concerning the poor Widows.

2. To put them in Mind of Captain Cannon's Ordinance.

3. To put them in Mind of the Reformadoes Order.

Ordinances for Concurrence.

An Ordinance was read, for (fn. 1) paying Two Thousand Pounds to Colonel Langberne, for the Forces under him, and Agreed to. (Here enter it.)

An Order for One Hundred Pounds to be paid to Colonel Parsons, was read, and Agreed to.

(Here enter it.)

An Ordinance was read, for paying Five Hundred Pounds to Colonel Mytton, out of the Excise.

(Here enter it.)

Agreed to.

An Ordinance to pay to Colonel Berckenhead, out of the Excise, One Hundred Fifty-seven Pounds, Sixteen Shillings. (Here enter it.)

Agreed to.

An Ordinance for Tryers of Elders for the Classis of the Two Sergeants Innes, was read. (Here enter it.)

Agreed to.

L. Balmerino and Justice Heath.

Upon reading the Affidavit of John Dodd; shewing, That he hath shewed the Order of this House, dated 23 September last, to Rob't Heath, Solicitor and Agent for Justice Heath, in the Cause between him and the Lord Balmerino; and his Answer is, That he had not sent unto, or heard from, the said Lord Chief Justice Heath these Two Years.

Hereupon this House Ordered, To hear the Lord Balmerino, by his Counsel, on the 24th of this Instant October, concerning that Business.

Answer from the H. C.

Mr. Serjeant Fynch and Mr. Page return with this Answer from the House of Commons :

That they will send an Answer by Messengers of their own to all the Particulars of the last Message.

E. of Suffolke, and the Executors of Sir R. Hitcham.

Upon hearing the Counsel of the Earl of Suffolke, and the Counsel of Keeble and others, upon the Statute of 4 H. IV: It is Ordered, That the Counsel on both Sides shall be heard further to all the Matters contained in the Defendants Demurrer, on the 9th of November next.

Letter from the Scots Commissioners.

A Letter, directed to the Speaker of this House, from the Scotts Commissioners, was read:

(Here enter the Letter.)

For the Right Honourable the Speaker of the House of Peers.

Message from the H. C. about the Alterations in the poor Widows Ordinance.

A Message was brought from the House of Commons, by Sir Walter Erle Knight, &c.

To desire that, at the next Conference, they might offer to their Lordships some Things concerning the Alteration in the Ordinance for the poor Widows.

The Answer returned was:

Answer.

That this House will receive what they shall offer at the next Conference, concerning the Alterations in the Ordinance for the poor Widows.

Sir J. Hele's Petition.

Upon reading the Petition of Sir John Heale : (Here enter the Petition). It is Ordered, To be referred to the Committee for Privileges ; and the Sheriff is to attend the said Committee, and the Judges are to attend likewise.

Order for 2000l. for the Forces under Col. Langherne.

It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Two Thousand Pounds, for the Service of the Forces of Pembrokesheir under the Command of the Colonel Langherne, be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, unto Charles Lloyd Merchant, One of the Commissioners of the Customs, whose Receipt, or of his Assignee sufficiently by him authorized hereunto, shall be the Commissioners of Excise their sufficient Warrant and Discharge, for Payment accordingly of the said Two Thousand Pounds, together with Interest for the same (hereby likewise ordained to be paid), after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, before it become due as aforesaid.

Order for 100l. to Col. Parsons.

Whereas, by Order of Parliament of the 29th of September last, One Hundred Pounds were ordered to be paid in Course, out of the Excise, unto Colonel Lawrence Parsons, for his Use and Service; and whereas John Cullum, of London, Gentleman, hath advanced and lent the Sum of One Hundred Pounds, for that End and Purpose: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said John Cullum, his Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed the said One Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, by Ordinance of the 11th of September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and that the said One Hundred Pounds, advanced and lent as aforesaid, be paid unto the said Colonel Lawrence Parsons, or his Assigns, whose Receipt, together with the Receipt of the said John Cullam, his Executors, Administrators, or Assigns, shall be the Commissioners of Excise for the Time being their sufficient Warrant and Discharge, for Payment of the said One Hundred Pounds and Interest, and every Part and Parcel thereof.

Order for 500l. to Col. Mitton.

Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Five Hundred Pounds, with Interest for the same at Eight Pounds per Cent. until satisfying thereof, shall be paid unto Colonel Thomas Mitton, out of the Receipts of the Excise and new Impost, upon the Ordinance of the 11th of September, 1643, in Course after other Assignments already charged upon the said Receipts shall be satisfied; and the Receipt of the said Colonel Thomas Mitton shall be a sufficient Discharge to the Commissioners of Excise and new Impost, for Payment of the said Sum, with Interest as aforesaid.

Order for 157l. 16s. to Col. Birkenhead.

Whereas, by Warrant under the Hand of the Earl of Essex, 6th of March, 1643, One Hundred Fiftyseven Pounds, Sixteen Shillings, were assigned to be paid unto Lieutenant Colonel Birkhead, by Sir Gilbert Gerrard Baronet, out of the Treasury of the Army; and whereas there are Fifty Pounds only paid and satisfied thereof: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That One Hundred and Seven Pounds, Sixteen Shillings, in Arrear and due upon the said Warrant (that Office now ceasing), be paid unto the said Lieutenant Colonel Birkhead, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, in Course, next after other Assignments already made on those Receipts shall be first satisfied; with Interest, after the Rate of Eight Pounds per Cent. for the Time of the Forbearance thereof; and the Commissioners of Excise and new Impost are hereby authorized accordingly to make Payment thereof unto the said Lieutenant Colonel Birkhead, his Executors, Administrators, or Assigns; any of whose Receipts, together with this Ordinance, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf.

Tryers of Elders for the Classis of the Two Serjeans Inns.

Resolved, by the Lords and Commons in Parliament, That Doctor William Gouch, Andrew Perne Minister of Dunstan's West, Samuell Browne Esquire; Edmond Prideaux Esquire, William Ellis Esquire; and William Prynne Esquire, shall be Tryers and Judges of such Persons as shall be chosen to be Elders for the Classis of the Two Serjeants Inns."

Sir J. Hele's Petition, to be freed from all Arrest at Sir H. Holcroft's Suit, when he was attending the Parliament about a Composition for his Delinquency.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of Sir John Hele, Knight;

"Sheweth,

"That your Petitioner being a Prisoner to the Parliament, and upon his Composition for his Delinquency the 13th of this Month of October, as he was coming to attend the Parliament about the same, he was arrested by the Under Sheriff of Midd. at the Suit of Sir Henry Holcroft Knight, contrary to the Law and Liberties and Privileges of Parliament, as he humbly conceiveth; and is still detained a Prisoner.

"And therefore humbly prayeth, that, by your Honours Order, he may be discharged of his said Arrest; the rather, for that otherwise he shall be utterly disabled to proceed with his said Composition.

"And he shall ever pray, &c.

"John Hele."

Paper from the Scots Commissioners, about a Letter sent by Lord Digby to the Generals of the Scots Army at Berwick.

"For the Right Honnorable the Speaker of the House of Peeres.

"My Lord,

"By some private Letters wee receaved Yesternight by the Post, Notice is given us, that a Letter was sent from the Lord Digby to the Generall and Leiuetenant Generall of the Scottish Army then at Barwicke; which they noe sooner received, but forthwith did communicate the same to the Commissioners of both Houses residinge there; and nothinge proceeded thereupon, but with the Knowledge of the Commissioners of Parliament. Our Letters doe alsoe report, that it was informed there, that Letters to the same Purpose were sent from the King to the Parliament here.

"The Letter of the Lord Digbye's, with what hath followed thereupon, wee understand by our private Letters to bee sent from Berwicke by an Expresse; and though they bee not yet come to our Hands, yet wee have thought fitt to comunicate soe much as wee knowe for the present; and when wee shall receave these Letters, wee shall forthwith make them knowne to the Honnorable Houses, and shall upon all Occasions studdy to preserve the joynt Interest and Publique Good of both Kingdomes with that Candor and Tendernes of Affection which becometh

"Your Lordships very affectionate Servaunts,

Worcester House, 14th October, 1645.

"Loudoun.
"W. Jhonston.
"Hew Kennedy.
"Ro. Barclay."