House of Lords Journal Volume 8: 8 January 1646

DIE Jovis, 8 Januarii.

Ds. Grey, Speaker.

Poyer and Swanley.

Upon the reading of the Petition of John Poyer: It is Ordered, That Captain Swanley shall appear before the Lords in Parliament, and shew Cause why he caused the Petitioner to be arrested; and that the said Poyer shall be then present.

Ordinance for Martial Law.

The Ordinance for Martial Law was read Twice, and committed to a Committee of the whole House; to be taken into Consideration To-morrow Morning, at Ten a Clock; and the Lords to have Notice to attend the House.

Answer from the H. C.

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

That they (fn. 1) will give a Conference this Day, as is desired.

Message from thence, with Ordinances; and about the London Militia.

A Message was brought from the House of Commons, by Mr. Recorder of London, &c.

To desire Concurrence in divers Particulars:

1. An Ordinance for punishing imprested Soldiers that run away from their Colours.

2. An Ordinance for impressing of Soldiers.

3. An Ordinance for Five Thousand Pounds for Committees.

4. An Ordinance for Twenty Pounds for Mr. Wilkins. (Here enter it.)

Agreed to.

5. An Ordinance to pay One Hundred Pounds to Lieutenant Berrow, out of Haberdashers Hall.

(Here enter it.)

Agreed to.

6. Concerning the Militia of London.

The Answer returned was:

Answer.

That this House will take these Particulars into Consideration, and send an Answer by Messengers of their own.

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

"Die Mercurii, 7 Januarii, 1645.

Paper from the Committee of both Houses to the Scots Commissioners, desiring their Consent to the Answer to the King.

"At the Committee of both Houses appointed to treat with the Scotts Commissioners.

"According to the Orders of both Houses of this Instant, 7 Januarii, we have conferred with your Lordships, and endeavoured to give your Lordships Satisfaction concerning the Letter to be sent to His Majesty as it is now drawn; and therefore desire your Lordships Assent thereunto, that it may be sent away with all Speed.

"By Command of the said Committee.

"Gualter Frost, Secretary."

Scots Commissioners Answer to it.

"If the Particulers mentioned in the last Section of our Paper of the 5th of this Instant be not intended or implyed in the Words of the Answere to His Majesty's Letters, (videlicet,) ["which, being assented unto by Your Majesty, will be the only Means whereby You can give Satisfaction and Security to Your Kingdoms"], which appeared to us to be the Scope of your Lordships Discourse at the Conference; we doe not understand what Advantage there is to have them expressed, nor what Prejudice it can be to have them altered as hath bin offered to your Lordships: But, for your Lordships further Satisfaction, if the Houses of Parliament shall be pleased to declare that there is no such Thinge intended or implyed, we shall agree to the Answere of the King's Letters as it is now drawne, or, instead of these Words in the Answere ["which, being assented unto by Your Majesty, will be the only Means whereby You can give Satisfaction and Security to Your Kingdoms"], we offer these Words ["which, we conceave, will be the only Way whereby Your Majesty can give Satisfaction and Security to Your Kingdomes"]: But to assent unto the Answere as it now stands, without the Declaration of the Houses, or some such Alteration as we have offered to your Lordships, is not in our Power; nor can be answerable to the Parliament of Scotland soe to doe.

7 Jan. 1645.

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

"Jo. Cheisely."

Mrs. Cromwell versus Sir H. Tracy.

Ordered, That Sir Humphry Tracy shall have further Time till Monday come Three Weeks, to put in his Answer to Mrs. Cromwell's Petition.

Shrewsbury Ordinance.

The Ordinance for allowing the Excise of Shrewsbury for the Maintenance of that Town, was read, and Agreed to. (Here enter it.)

Countess of Bedford's House at Woburn exempted from Billeting.

Ordered, That Colonel Whaly be sent to from this House, to remove his Billetting of his Soldiers and Horses out of the House of the Countess of Bedford at Woburne; and that the Countess of Bedford shall have the Benefit of the Order of this House, for exempting any Billetting in the Houses of Peers of this Realm.

Ordinance for punishing prest Men who desert.

The Ordinance for punishing imprested Soldiers that run away from their Colours, was read, and committed to the Consideration of these Lords following:

Any Three, to meet To-morrow Morning.

Lampley, Sheriff of Cumb.

Ordered, That this House doth approve of Thomas Lampley Esquire, of Ripton, to be High Sheriff of the County of Cumberland; and the Concurrence of the House of Commons to be desired herein.

Ordinance to continue the Committee for the Army, and the Treasurers at War.

The Lord Wharton reported from the Committee the Ordinance for continuing the Treasurers of the War; which they think fit to pass, with some Alterations and Additions, (fn. 2) and offer the same to the Consideration of this House.

The said Alterations and Additions were read; and the Ordinance was Agreed (fn. 3) to with these Alterations; and the Concurrence of the House of Commons to be desired herein.

Message to the H. C. with it;

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

1. To desire their Concurrence in the Alterations in the Ordinance for continuing of the Treasurers at Wars.

about Sir T. Williams and Capt. Morgan;

2. To desire Concurrence in the Vote upon the Report concerning Sir Trevor Williams and Captain Anthony Morgan.

about the Sheriff of Cumb.;

3. To desire Concurrence in the Nomination of Thomas Lampley, of Ribton, in the County of Cumberland, Esquire, to be High Sheriff of the County of Cumberland.

and Mr. Mortimer's Ordinance.

4. To desire Expedition in the Ordinance formerly sent, for making Mr. Mortimer a Serjeant at Arms.

Order for 20l. to Capt. Wilkins.

"Ordered, by the Lords and Commons in Parliament assembled, That Twenty Pounds be bestowed upon Captain Wilkins, the Messenger that brought the good News of taking of Skipton Castle; and that the Twenty Pounds be paid by the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall.

Order for 100l. to Lieut. Berrow.

"Ordered, by the Lords and Commons assembled in Parliament, That, over and above the Proportion of Monies to be paid to Lieutenant Anthony Berrow, by the Committee of both Kingdoms, for his good Service at Hereff. he shall have the Sum of One Hundred Pounds bestowed upon him, as a Gift from the Houses; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said One Hundred Pounds to him, or his Assigns, accordingly."

Ordinance for 2000l. for Shrewsbury Garrison.

"Whereas, by Order of the House of Commons of the 27th of February last, Four Thousand Pounds was given for the Use of the Garrison of Shrewsbury, to be paid forthwith, out of the Excise; notwithstanding, only Two Thousand Pounds of the said Sum hath been as yet paid: It is therefore Ordained, by the Lords and Commons in Parliament, That Two Thousand Pounds, Remainder of the said Sum, to be paid out of the Excise in Course next after such Sums wherewith the Excise now stands charged, shall be satisfied and paid unto William Barkley and John Corbett, of London, Esquires, for the Use of the said Garrison; and that a Receipt under the Hands of the said William Barkley and John Corbett, or the Survivor of them, shall be a good and sufficient Discharge to the Commissioners for the Excise, for the said Two Thousand Pounds: And it is further Ordained, That if the Commissioners for the Excise shall lend the said Sum of Two Thousand Pounds, or any Part thereof, for the present Service of the said Garrison, that then they shall and may, and are hereby authorized, out of the Profits of the Excise, to reimburse themselves the said Two Thousand Pounds, or so much of it as they shall lend, in Manner as is before expressed, with Interest, according to Eight per Centum; and if any other Person or Persons shall or will end the said Sum, or any Part thereof, for the Use aforesaid, that a Note under the Hands of the said William Barkly and John Corbett shall be sufficient for such Person or Persons to require Payment of such Sum as shall be so lent, from the Commissioners for the Excise, with Interest, according to Eight Pounds per Centum; and that a Receipt under the Hand of the Party or Parties that have lent such Sum, indorsed on such Note as shall be subscribed by the said William Barkly and John Corbett, shall be a good and sufficient Discharge unto the Commissioners for the Excise, for so much of the said Two Thousand Pounds as shall be expressed in his or their Note, with Interest, for so long Time as it shall be lent: And whereas, by Ordinance of the 13th of June, 1644, amongst other Things, it is Ordered and Ordained, That all such Sums of Money as should come in by Way of Excise or new Impost, out of the whole County of Salopp, for the Payment of such Forces as are there already raised, and for the raising of others, and reducing it to the Obedience of the Parliament, and other Services of the said County, in which Ordinance there is no Direction to the Commissioners of Excise or new Impost residing in London, as is required by the Eleventh Article of the Ordinance of Excise, of the 11th of September, 1643: Be it therefore Ordained and Declared, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise residing in London are hereby Ordained and Authorized, by the Hands of their Subcommissioners in the said County of Salopp, to pay all such Sum and Sums of Money which they have or shall receive, by Way of Excise or new Impost as aforesaid, unto the Committee for the said County of Salopp, or any Three of them, appointed by Ordinance of Parliament of the 10th of April, 1643, according to the Restriction of the said Ordinance of the 13th of June, 1644; and the Receipt or Receipts of the said Committee, or any Three of them, shall be a sufficient Discharge to the Commissioners of Excise residing in London, and their said Sub-commissioners, and every of them, for all such Sums of Money as they shall from Time to Time pay unto the said Committee, or any Three of them as aforesaid, for the Service aforesaid: Provided, That this Ordinance shall not extend to the Ordinance of Excise for Flesh and Salt, the additional Ordinance of the 8th of July, 1644, nor to the Ordinance for Payment of poor Artificers, or any of them."