House of Lords Journal Volume 8: 18 December 1645

Die Jovis, 18 Decembris.

Prayers, by Mr. Foxcroft.

Ds. Grey de War. Speaker.

Answer from the H. C.

Doctor Aylett and Doctor Heath return Answer:

That (fn. 1) they do agree with the Lords, in communicating the King's Letter to the Scotts Commissioners; and that concerning Hancocke, the House of Commons do agree: That for the building of Three Frigates sent from the Committee of the Admiralty, and to the Petition of the Lady Gray, they will return an Answer by Messengers of their own.

Legay's Petition, who was committed with others, for Contempt of the Order in Ihannes's Cause.

Upon reading the Petition of Peter Legay Junior; acknowledging "the great Power and Justice of this House, as well in other Proceedings, as in that against the Petitioner, to which with all Willingness he submits himself; yet forasmuch as the Petitioner is a Youth, and devoid of all Means of Support but what he receiveth from his Father, and being smitten at the Heart with the great Blemish his Sufferings will bring upon his Father and his whole Family, which may occasion him more Grief than his late Losses; he therefore beseecheth this House for Mercy and Pardon, in suspending the Execution of his Sentence, and taking off his Fine; which Bounty shall both oblige him to Gratitude, and admonish him to future Caution."

All released upon Bail.

Hereupon this House Ordered, That the said Peter Legay, and also Thomas Howett, Peter Mackerell, and Edmond Butler, who were sentenced by this House, shall have Liberty to go upon Bail, about their own Employments; with Condition to appear before this House when they shall be summoned.

Mr. Bond's Ordinance.

Next, an Ordinance for making Mr. Bond Master of The Savoy, was read, and Agreed to; and Ordered to be sent down to the House of Commons.

Earl of Carlisle and his Creditors.

Ordered, That the Cause of the Earl of Carlile, between him and his Creditors, shall be heard, by Counsel on One Side, on Tuesday come Fortnight.

The Earl of Northumb. reported Two Papers from the Committee of both Kingdoms; which were read, as follow:

Officers who are prosecuted for taking Carriages, &c. for the Use of Army.

"Ordered, That it be reported to both Houses, to declare their Pleasure concerning such Officers serving the Parliament, as have executed the Commands of their superior Officers, in pressing of Carriages, taking Horses, or other Service for the Army, against whom Actions are now brought for the same."

Ordered, That this Business be referred to the Committee of Petitions, to call the Parties of both Sides before them, and to report the same to this House.

The other Paper was read, as follows:

Towns-men of Warwick to do Duty in the Absence of the Forces there.

"Ordered, That the Letter from Colonel Bridges be reported to both Houses, with their Opinion, That those who are unwilling to do Duty in the Town in the Absence of the Soldiers may be forced thereto."

The Letter was read. (Here enter it.)

The House, approving of this Opinion of the Committee, appointed the Lord Viscount Say & Seale, the Lord Wharton, and the Lord Robertes, to draw up an Ordinance to this Purpose, and present the same to this House: Mr. Justice Pheasant and Mr. Justice Rolls, to be Assistants to the Committee.

The Lord Robertes reported a Paper from the Committee for the Admiralty; which was read.

Die Martis, 18 Nov. 1645.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

Captain Lockier to command a Prize Vessel.

"On the Recommendations of Captain Batten, Vice Admiral of the Fleet; this Committee doth Order, That Captain John Lockier, formerly employed in the Parliament's Service, be presented to both Houses, for their (fn. 2) approving him to be Commander of the Prize Ship at Weymouth, lately taken from Captain Browne Bushell."

Ordered, To desire the Concurrence of the House of Commons herein.

Message to the H. C. about Devon Committees, and Lady Chaworth's Petition.

A Message to the House of Commons, by Doctor Aylett and Doctor Heath:

To put them in Mind of the Three Persons formerly sent down, to be added to the Committee of Devon.

2. To put them in Mind of the Lady Chaworth's Petition.

The Answer returned was:

Answer.

That they will send an Answer by Messengers of their own.

Message from thence, with Ordinances.

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

To desire Concurrence in these Particulars:

1. An Ordinance for advancing Six Thousand Pounds for the Scotch Forces. (Here enter.)

Agreed to.

2. An Ordinance for One Thousand Pounds to be issued out of the Excise for the Lyncolne Foot.

(Here enter it.)

Agreed to.

3. An Ordinance for issuing out of the Excise One Thousand Pounds for Leycester Foot. (Here enter it.)

Agreed to.

4. An Ordinance for reimbursing Two Thousand Pounds to Mr. Pierepont, which is to be employed for the Service of reducing Newarke. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Letter from Colonel Bridges, that the Townsmen of Warwick may be compelled to do Garrison Duty, in the Absence of the Forces.

For the Right Honourable the Committee of both Kingdoms at Darby House. These.

May it please your Honours,

"I having Notice about Fifteen Days since, that the King was intended to march down to Bridgnorth, there to join with some other Forces, drawn together for the Relief of Chester; with Nine Companies of mine own, and Coventry Foot, I possessed myself of the Fords and Passes over the River of Avon, to interrupt His March; where attending His Motion by the Space of Seven Days, in that Time I caused the Bridges at Stratford and other Places to be broken and flung off, and the Fords to be made impassable: Before my Return upon Thursday Night last, I having Intelligence that the next Day Forces from Oxford, Banbury, Wallingford, and other Places, were to keep Rendezvous at Blackheath, near Burford; so soon as I could get Forces together, I marched down to Stratford, and the Enemy advanced One Thousand Horse almost as far as Campden, and, hearing of the Difficulty of his Passage, marched to Shipton, and thence to Banbury; which caused me speedily to draw back to Newarke, lest they should in my Absence make their Passage between that and Coventry, where at present, with my own and Coventry Forces, I wait their Motion. I find it very difficult to oppose them for Want of Horse, having but One Troop to assist me; and am constrained to draw the whole Garrison out of the Town of Warwick, which I do with more Confidence, in regard our Guards are made good by Four Companies of Townsmen (in the Absence of the Soldiery), consisting of about Five Hundred Men, which I raised since I received your Commission, whom I find very diligent in their Duty; but I fear, (fn. 3) through the Perverseness of some People of the better Sort, countenanced by some who have of late been employed by the Parliament (unless your Honours in your Wisdom shall think of some Expedient whereby the Refractory may be compelled to take their Turns in so necessary a Service), these hopeful Beginnings will be blasted, and this so necessary a Service altogether neglected; for the meaner Sort begin already to complain, that the greatest Part of the Burthen should lie on their Shoulders, and so many of the abler Sort should withdraw their Assistance. My Lords, I have ever been tender of troubling you with Complaints; but this being a Business of so great Concernment to the Public, I have taken the Boldness to crave your Assistance and Countenance; and humbly take Leave, and rest

Warwick Castle, the 15th of December 1645.

"Your Honours

"Most humble Servant,

"Jo. Bridges."

Order for 6000l. for the Scots Forces.

"Whereas Richard Wareing and Michaell Herring, Treasurers of the Money to be paid into Gouldsmiths Hall, have advanced the Sum of Six Thousand Pounds, over and above the Sum of Thirty-one Thousand Pounds formerly assigned for the Scottish Army: It is this Day Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the said Six Thousand Pounds shall be re-paid to the said Richard Wareing and Michaell Herring, out of the First Money that shall be raised out of the Assessments appointed by Ordinance of Parliament for the Pay of the Scotch Army, after the One and Thirty Thousand Pounds borrowed upon the Security of the said Ordinance; and Interest for the said Six Thousand Pounds, according to the Rate of Eight Pounds per Cent. until the said Six Thousand Pounds shall be re-paid: And it is further Ordained, That the said Six Thousand Pounds shall be disposed of and paid to the Scottish Forces before Newarke, in such Manner as the Committees of both Houses of Parliament, or any Three of them, whereof One shall be of the House of Peers and Two of the House of Commons, now appointed to go to the Forces before Newarke, shall think fit, for the preventing of Free Quarter, and other Inconveniencies, and for the better carrying on of the Service for the reducing of that Town, after due Musters had of the Scottish Army."

Order for the Commissioners of Excise to reimburse themselves 1000£ advanced for Lincoln Forces;

"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 One Thousand Pounds for Lincolne Foot, charged in Course, by Ordinance of the 25th October, 1645, upon the Receipts of Excise, by Ordinance of the 11th of September, 1643: Be it Ordained, by the Lords and Commons in Parliament, That the said Commissioners of Excise may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and paid, the said One Thousand Pounds, with Interest for the same, after the Rate of Eight per Cent. during so long Time as the same, or any Part thereof, shall be unpaid, 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; and for Want of such Intervals, then in such Order and Course as the said Ordinance of the 25th October, 1645, shall succeed and take Place; and that the said Thousand Pounds, so advanced, be paid unto Thomas Rands, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf: And it is further Ordained, That in case the said One Thousand Pounds and Interest shall not be satisfied and paid, out of 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 paid and satisfied the said One Thousand Pounds, and Interest, out of the further Receipts of Excise, upon the said Ordinance of the 11th of September, 1643, by the Commissioners of Excise for the Time being, according to the true Intent of this Ordinance; and the Commissioners of Excise for the Time being are authorized to make Payment of the said One Thousand Pounds and Interest accordingly: Provided, That the Ordinance formerly passed, for the Payment of One Thousand Pounds for the Foot of Lincolnesheir, out of the Excise, in Course, be hereby repealed and revoked."

and 1000l. for Leicester Forces.

"Whereas Thomas Foot Esquire, Alderman of the City of London, and the rest of the Commissioners of the Excise and new Impost, have advanced and lent One Thousand Pounds, for the Service of the Forces in Leicestersheir: 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 satisfied and reimbursed, the said One 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 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 shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves, or being satisfied, accordingly; and the Commissioners of Excise are hereby authorized to pay the said One Thousand Pounds to Michaell Herring, of London, Merchant, or his Assigns, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners of Excise for the said One Thousand Pounds, and every Part thereof: And it is further Ordained, That in case the said One 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 or Administrators, shall be reimbursed and paid, out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are authorized to make Payment of the said One Thousand Pounds and Interest accordingly: Provided, the Ordinance formerly passed, for the Payment of One Thousand Pounds for Leicestersheir, out of the Excise, in Course, be hereby repealed and revoked."

Order for 2000l. to Mr. Pierpoint, advanced to Officers, &c. of the Eastern Association employed against Newark.

"Whereas William Pierepont Esquire, a Member of the House of Commons, doth, upon his Credit, borrow Two Thousand Pounds, for Payment of such Officers and Soldiers as are to be drawn out of several Garrisons in the Eastern Association, for the reducing of Newarke: It is Ordained, by the Lords and Commons in Parliament assembled, That the said Mr. Pierepont shall be reimbursed the said Two Thousand Pounds, with Interest, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of the Monies established by Ordinance of the 3d of September last for Payment of the said Garrisons, in such Proportions as is appointed for the said Officers and Soldiers; which Two Thousand Pounds shall be satisfied to Mr. Pierepoint, or his Assigns, according to the said Proportions, in the First Place; and the said Money so advanced shall be paid upon Musters only to such Officers and Soldiers of the Garrisons as are employed in the Service against Newarke, by some (fn. 4) responsible Person, to be nominated by the Committee of Lords and Commons to be sent down unto that Army, that so due Accompt may be returned of the Disposal of the Money."