House of Lords Journal Volume 8: 18 January 1647

DIE Lunæ, 18 die Januarii.

PRAYERS, by Mr. Dury.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ordinance appointing Commissioners of the Great Seal.

The Ordinance brought up from the House of Commons, for making Serjeant Bampston, Mr. Chute, and Sir Thomas Bedingfeild, Commissioners of the Great Seal of England, was read the Second Time.

And the House was adjourned into a Committee of the whole House during Pleasure, to debate it.

The House was resumed.

And (fn. 1) the Question being put, "Whether this Ordinance shall be read the Third Time before the Conference had with the House of Commons?"

It was Resolved in the Affirmative.

Then the said Ordinance was read the Third Time.

And the Question being put, "Whether to agree to this Ordinance now read?"

It was Resolved in the Negative.

Message from the H.C. for a Conference about the Ordinances for the Army, &c.

A Message was brought from the House of Commons, by Sir Thomas Wroth Knight:

To desire a Conference, concerning the Ordinance for continuing the Pay of Sir Thomas Fairfax' Army, and the Ordinance concerning the Treasurers of the Army, in regard of the urgent Necessity of the Army, and the Want of Pay, so soon as their Lordships shall please to appoint.

The Question being put, "Whether to give the House of Commons a present Conference?"

It was Resolved in the Negative.

The Question being put, "Whether to give the House of Commons a Conference To-morrow Morning?"

It was Resolved in the Negative.

Answer.

The Answer returned to the Messengers was;

That this House will send them an Answer by Messengers of their own.

The Question being put, "Whether to give a Conference to the House of Commons this Afternoon, at Four of the Clock?"

It was Resolved in the Affirmative.

Ordinance about the Committee at Goldsmiths Hall.

The Question being put, "Whether, at the Conference to be this Afternoon with the House of Commons, this House shall communicate something to them concerning the Ordinance concerning Gouldsmithes Hall."

Affirmative.

Message to the H. C. that the Lords will give a Conference about it; and the Ordinances for the Army &c.;

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

To desire a Conference this Afternoon, in the Painted Chamber, concerning the Ordinances touching the Continuance of the Payment of Sir Tho. Fairefax' Army, and the Treasurers of the Army, and concerning the Ordinance for Gouldsmithes Hall.

and about Dr. Gibbons; and L. E. Pawlet.

2. To put them in Mind of Doctor Gibbons' Business, and the Lord Edward Pawlett's Petition.

Sir H. Mildmay and Sir T. Cheek:

Ordered, That the Cause of Sir Henry Mildmay and Sir Thomas Cheeke shall be heard this Day Sevennight by Counsel, whereof all Parties to have Notice.

Answers from the H. C.

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

That the House of Commons will give a Conference this Afternoon, as is desired; and will receive, at that Conference, what their Lordships shall offer to them concerning the Ordinance for Gouldsmithes Hall: To the rest, they will send an Answer by Messengers of their own.

Mr. Doctor Aylett and Doctor Heath return with this Answer:

They will send an Answer, by Messengers of their own, concerning the Petition of the Earl of Mulgrave.

Mr. Hakewill, &c. return with this Answer from the House of Commons:

That he hath delivered the Papers concerning Ireland to them.

Walter & Uxor.

Upon hearing the Counsel of Wm. Walter, against his Wife; and it being alledged, "That the said Wm. Walter had not obeyed the Order of this House, in permitting his Wife to remain in the quiet Possession of what the enjoys by the Orders of this House; but hath received Rents to his own Use, contrary to the Order of this House, and his own Desire:"

It is Ordered, To be referred to Mr. Justice Reeves, Mr. Justice Pheasant, and Mr. Baron Atkins, or any Two of them, to examine the Matter of Fact concerning the Writ of Dower and Letter of Attorney; and whether any Monies have been received by Mr. Walter, or by his Appointment, contrary to the Order of this House; and to make Report thereof to this House with all convenient Speed, that so this House may give further Direction in the Business: And some of the Counsel on both Sides to attend the Judges herein.

The House of Commons being ready in the Painted Chamber; the Lords went to the Conference.

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

E. Rivers to be heard, concerning the Chester Ordinance.

Upon reading the Petition of the Earl Rivers; desiring to be heard, before the Ordinance concerning the County of Chester be passed:

It is Ordered, That the said Petition is referred to the Consideration of the Committee; and to hear him, according to his Petition, and report the same to this House.

Paske and Eyres.

Upon reading the Petition of Doctor Paske: It is Ordered, That Eyres shall pay the Monies due to him for his Arrears (fn. 2) within Six Days; or else shew Cause to this House.

Lloyd's Petition.

Upon reading the Petition of Richard Lloyd, a Prisoner: (Here enter it.)

It is Ordered, That he shall lie still, till a Charge be brought in against him.

Letter from the Treasurers at York.

Next, a Letter from the Treasurers at Yorke was read.

(Here enter it.)

Instructions for the L. L. of Ireland.

The House took into Consideration the Instructions to be given to Phillip Viscount Lisle, to be Lord Lieutenant of Ireland.

And the House was adjourned into a Committee during Pleasure, to debate it.

The House was resumed.

Heads for the Conference about the Ordinance concerning the Committee at Goldsmiths Hall.

The House of Commons being ready for the Conference in the Painted Chamber; the House Resolved, That the Speaker should let them know, "That this House formerly sent down to them an Ordinance Gouldsmithes Hall, concerning which their Lordships have received no Answer: Therefore, in regard their Lordships conceive that the not giving Expedition to that Ordinance gives an Obstruction to all the Affairs there, to desire they would speedily take the same into serious Consideration, and give a Dispatch to it."

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

The Question being put, "Whether the Report of this Conference shall be made now, or not?"

It was Resolved in the Negative.

Instructions for the L. L. of Ireland.

Then the House was adjourned again into a Committee during Pleasure, to debate the Instructions to the Lord Lieutenant of Ireland.

Priaulx to be instituted to Foffant.

Ordered, &c. That Mr. Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give Institution and Induction unto John Priaulx Master of Arts, to the Parsonage of Foffant, in the County of Wilts, salvo Jure cujuscunque; the said Mr. Priaulx taking the National League and Covenant, and producing his Presentation thereunto under the Hand and Seal of the Right Honourable Phillip Earl of Pembrook and Mountgom'y, Patron.

Lloyd's Petition, to be released—confessing his Accusation against the E. of Northumb. and Pembr. sending Money to the King, to be false.

"To the Right Honourable the Lords now assembled in Parliament.

The humble Petition of Richard Lloyd, of The Inner Temple, Gentleman;

"In all Humility sheweth,

"That your Petitioner doth freely confess, That he never knew of any Money sent unto His Majesty, either by the Earl of Northumberland or the Earl of Pembrooke; and therefore he is heartily sorry (and doth acknowledge himself to be much in Fault) for nominating their Lordships to the Committee of Cornwell, when they so strictly required it that your Petitioner knew not how to avoid it without much Prejudice to himself.

Your Petitioner therefore humbly prayeth, your Lordships will be pleased to make a favourable Construction of those Words, which accidentally in a Tavern slipped from your Petitioner in Discourse; he not having the least Intention to prejudice those Honourable Peers or the State's Service thereby; and that your Petitioner's most humble Submission, for grounding his own Report upon the Information of other Men, may be accepted to extirpate his Offence; and the rather, for that your Petitioner hath suffered, in Cornwall and since, above Ten Weeks Imprisonment, by reason whereof, all his Money is now spent, nor hath he any Means here left, or Friends in Town, to relieve himself; but must starve in Prison, unless your Lordships will be pleased so far to commiserate a poor Gentleman in Distress, (who never had taken any Command against the Parliament, and intended to have gone for Ireland with Colonel Townsing of the Lyme Regiment, had not this Trouble so unluckily fallen upon him) as to release him of his Imprisonment.

And your Petitioner, as in Duty bound, shall pray, &c.

"Rich. Lloyd."

Letter from the Treasurers at York, about a Delay in paying the Money to the Scott, by their Treasurer.

"For the Right Honourable the Earl of Manchester, Speaker to the House of Peers pro Tempore. These present.

Right Honourable,

"The best Account we are able to give at this Time is, That the last Night, being Thursday, we made an End of telling Ninety Thousand Pounds of our last Hundred Thousand Pounds, and have only Ten Thousand Pounds of the Whole to tell; which we could have easily dispatched in a Part of this Day: But such is the steady Resolution of Mr. Alkman, the Scottish Agent, that we cannot persuade him by any Means to permit his Tellers to tell any till To-morrow Morning, alledging Saturday to be the last Day in the Articles for that Business; which Interpretation being made known by him at the Beginning of his coming to us, we sent an Express to General Leven, the Copy whereof is here inclosed, and procured Major General to write a Postscript, which he was very ready to do. The only Answer returned by our Messenger was directed to the Major General, and is herein also transcribed. We shewed our Letter to Mr. Aikman before we sent it, and shewed him the Answer returned; and this failing our Ends, we made our Addresses to the Honourable Committee of Parliament who are here in this City, and they writ a pressing Letter to Mr. Aikman, to prevail with him to finish the Work according to the Articles: Notwithstanding, he refuseth to tell any Money this Day; but promiseth he will so early in the Morning, that we shall have it dispatched and loaded to march some Part of our Way the same Day towards Topcliff; in which, and whatever else may further the Service, there shall be no Endeavours wanting in us; and think it our Duty to acquaint you with the Particular of our Proceedings, in Discharge of the Trust reposed in us, who do ever acknowledge ourselves to be

Friday, Yorke, the 15th of January, 1646.

"Your Lordship's

"Humble Servants,

"Wm. Gibbs.
Tho. Noell.

"My Lord, we are in fresh Hopes to march this Day; for we have got some of the Tellers to tell from us this Saturday Morning at Four of the Clock.

"Wm. Gibbs.
"Tho. Noel."

Letter from them, to the E. of Leven, about it.

"May it please your Excellency to be informed, That we lost Monday last for telling out our First Monies, because Mr. Drummond came not to Yorke till Monday Night. Tuesday and Wednesday was spent only in telling Nineteen Thousand Pounds, for that Mr. Drummond wanted Tellers to tell it from us; yet, notwithstanding, we finished the First Eightyeight Thousand Pounds before the End of the First Six Days mentioned in the Articles of Agreement betwixt both Kingdoms, and could have told Ten Thousand Pounds more the Sixth Day. We are now beginning the Second Hundred Thousand Pounds this Monday Morning, being the Second Day of the Second Six Days, and shall with much Ease finish the Whole before Friday Night, which we understand to be the uttermost of the Time limited in the said Articles. Mr. Aikman saith, he understandeth the Time to end not till Saturday Night; and therefore resolveth to (fn. 3) order the Matter so with his Tellers, as that they shall not make an End till then, making this last Sabbath to be none of the Twelve Days, and refusing to tell then (as religiously he might do); and resolving not to husband these Five other Days so as to retain that Day by telling over the rest of the Money, which he and we are well able to do in Four Days with the same Number of Tellers as he hath already employed. This unnecessary Delay [ (fn. 4) will occasion] a great Burthen to this City and Parts adjacent, by the lying of the Soldiers upon the same, and cause a Question to be drawn upon us for Breach of the Articles; for Prevention of which, or any other Inconveniency that may happen, we humbly pray Orders may be sent to Mr. Aikman your Officer, to continue such Industry as hath been used on other Days, that the Money may be told on or before Friday Night; and then that your Excellency will be pleased to send Sir Adam Hepburne, Mr. John Drummond or Mr. William Thompson his Deputies, or One of them to North Allerton, at the Time that we are to deliver over the First Part of the Money, that we may receive One of their Hands and Seals to our Acquittance, who are Persons named in the Articles, that so we may not be put to Doubts and Proofs upon the Validity or Certainty of any Deputation when we are upon the Place. Thus, returning our humble Acknowledgement to your Excellency for your last noble Favour in Answer to our former, and humbly pray the like in Answer to this, we are

"Your Excellency's

"Humble Servants,

Yorke, the 11th of January, 1646.

"Will. Gibbs.
"Tho. Noel."

Letter from Gen. Skippon to him, on the same Subject.

May it please your Excellency.

"After the Tender of my humble Service to you; upon serious Conference with our abovenamed Treasurers, and the like Consideration of what they have in their Letter acquainted your Excellency with, I held it my Duty, in relation to my present Trust, and to the due Observance of the Articles between both Kingdoms, not only to agree fully with them in all they have mentioned in this their Letter; but with all Earnestness to beseech your Excellency to satisfy their and my Desires therein; for I hold myself obliged (and conceive I cannot answer the contrary) to march from hence on Saturday next, towards North Allerton, without any further Delay. I am confident, your Excellency's approved Nobleness and Goodness will please [ (fn. 5) to send] such speedy and full Commands to your Officers employed in this Business here, that all Means may be used to dispatch this great Business according to the Articles. I am

"Your Excellency's

"Humble Servant,

"Skippon."

"The only Answer that was returned by our Messenger was directed to Major General , as followeth.

E. of Leven's Answer.

"Right Honnorable,

"I received a Letter from the Treasurers appointed for those Moneys under your Conduct, with a Postscript from yourselfe; to which I shall not need to retourne further Answere then this, That all Care shal bee taken for contriveinge Businesse within the Tyme lymitted, and after the Manner prescribed, by the Articles of Agreement betwixt the Two Kingdomes, wherein there shal bee noe Failer on our Part, but all Things duly and tymely performed according to the Conditions of the said Articles; for which Effect, the Treasurer of this Army has written to Mr. Aikman: And whatsoever may conduce to the expeditinge of the Busines in all Circumstances, I shall likewise faithfully endeavor the faire Dispatch and just Observance thereof. Soe I remaine

"Your humble Servaunt,

Newcastle, the 12 Janu. 1647.

"Leven."