House of Lords Journal Volume 8: 9 January 1646

DIE Veneris, 9 die Januarii.

PRAYERS, by Mr. Newcomen.

Ds. Grey.

Major Mathews's Petition.

A Petition of Major Christopher Mathewes was read, and Ordered to be recommended to the House of Commons.

Ordinance to free those who come in upon the Declaration.

An Ordinance was brought, concerning the freeing such as come in to the Parliament, according to the Declaration, to be freed from Arrests for Matters done in a Military Way; which, being read Thrice, was approved of, and Ordered to be communicated to the House of Commons, for their Concurrence.

March. of Winchester, who was sent for by the Committee of Examinations, to have Leave to return to The Tower.

Ordered, To send to the House of Commons, to let them know, that this House granted a Pass for the Lady Marquess of Winchester to come to London, and gave Directions to have her be accommodated with some Lodgings in The Tower: But now this House understands that she hath been sent for to the Committee of Examinations, and by them committed to a Messenger, (fn. 1) where she is very ill accommodated, and lies at a great Charge of Fees; therefore to desire that she may be permitted to return to her Lodgings in The Tower.

Count Brienne and De Sour to export Horses.

Whereas formerly a Pass was granted to Count De Brienne and Monsieur De Soure, to transport into France Six Horses apiece: It is Ordered, That the same shall bear Date as this Day.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons:

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

Papers from the Committee of both Kingdoms.

The Earl of Northumb. reported from the Committee of both Kingdoms divers Papers:

"Die Jovis, 8 Jan. 1645.

"At the Committee of both Kingdoms, at Derby House.

About Maintenance for the Forces at Newbury.

"Upon the reading of a Letter of Colonel D' Albiere, of the 7th Instant, from Newbury, presented to this Committee by the Committee of the Counties of Berks, Bucks, and Oxon: It is Ordered, That the said Letter be reported to both Houses, with the Opinion and Desire of this Committee, That some Course may speedily and effectually be taken for Maintenance of those Forces, lest they immediately disband, and be lost; and that Town, which hath upon all Occasions manifested so much Affection to the Parliament, come again under the Power of the Enemy, and be by them, for their good Affection, wholly ruined and spoiled of all that Free Quarter hath left them, to the great Discouragement of all other Places, and thereby also an open Way left for the Invasions of the Enemy into Hampshire and Surrey, without any (fn. 2) Impediment, there being none other Garrison between the Enemy's Quarters and those Parts.

for Col. Harley to command in Hereford, &c.

"Also Ordered, That the Petition of the Gentlemen of Herefordshire be reported to both Houses; and that it be recommended unto them, that Authority may be given, to give a Commission to Colonel Edward Harley, to command in Chief of all the Horse of the Counties of Hereford and Radnor.

and for an Answer to the Scots Commissioners, about their Army.

"That the Houses be put in Mind, to take into Consideration the Paper of the Scotts Commissioners, of the 6th of this Instant, concerning the Scotts Army; and that it be made known, that the General Quarter-master of that Army hath stayed these Four Days past for an Answer."

Col Dalbeir's Letter about Newbury.

The Letter of Dalbeire was read; desiring, "That some speedy Course may be taken for the Payment of the Forces at Newbury."

Hereford Petition.

Next, the Petition of the Gentlemen of Herefordshire was (fn. 3) read; desiring, "That Colonel Edward Harley may command the Horse of the County of Hereford."

Col. Harley to command the Horse in Hereford and Radnor.

Ordered, That this House approves that Colonel Edward Harley (fn. 3) is to command in Chief all the Horse in the Counties of Hereford and Radnor; and the Concurrence of the House of Commons to be desired herein; and that he may have a Commission granted him accordingly.

Pay for the Forces at Newbury.

Ordered, That it be recommended to the House of Commons, that some speedy Course may be taken for paying the Forces at Newbury.

Widow Gardiner's Petition for Arrears.

Upon reading the Petition of Martha the Widow of Doctor Gardiner, Physician, who died in the Service of the Parliament; "and many Arrears being due unto him, desires that some of the Arrears may be paid her:" It is Ordered, To be recommended to the House of Commons.

Message to the H. C. with the Ordinance to free Persons who come in upon the Declaration;

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

1. To desire their Concurrence in the Ordinance concerning such Persons as come in upon the Declaration to be freed from Arrests for what was done in a Martial Way.

for Col. Harley to command in Hereford, &c.

2. To desire their Concurrence, that Colonel Edward Harley may command all the Horse in the Counties of Hereford and Radnor; and that the Committee of both Kingdoms shall grant him a Commission to that Purpose.

about Pay for the Newbury Forces;

3. To deliver Colonel Dalbeire's Letter to them; and desire that some Course may be taken, for the paying of the Forces at Newbury.

for the March. of Winchester to be delivered into the Custody of the Black Rod;

4. To let them understand, that the Lady Marquess of Winch'st. is restrained by the Committee of Examinations; and that this House (besides she being a Peeress of this Realm) gave her a Pass to come to this Town: And this House have now thought fit to commit her to the Gentleman Usher of this House, and to desire that she may be delivered unto him accordingly.

and with Petitions.

5. To recommend Major Christopher Mathewes' Petition to them.

6. To recommend to them Mrs. Gardiner's Petition.

Message from the H. C. for a Conference about the Ordinance concerning those who come in upon the Declaration; and the One for continuing the Committee for the Army, &c.

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

To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Amendments returned by their Lordships to the Rules and Directions touching such as come in to render themselves to the Parliament; and likewise upon the Amendments by their Lordships in the Ordinance for the Continuance of the Committee for the Army and Treasurers at Wars.

The Answer returned was:

Answer.

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

Message from the H. C. about the Alterations made by the Scots Commissioners to the Answer to the King's Letter, and for sending it away.

A Message was brought from the House of Commons, by Mr. Samuell Browne, &c.

To desire Concurrence in this Particular following:

"That this House doth agree unto the last Alterations of the Scotts Commissioners in the Letter to be sent to the King, with the Addition of these Words, videlicet, ["being assented unto by Your Majesty"]; and then the Alteration will run thus ["which being assented unto by Your Majesty, we conceive, will be the only Way whereby Your Majesty can give Satisfaction and Security to Your Kingdoms"]: And it is referred to the Members of both Houses that are of the Committee of both Kingdoms, to communicate this to the Scotts Commissioners, and to confer with them thereupon; and to offer them Reasons for their assenting to this Alteration; and if they shall assent unto the Letter so altered, that then they send it away accordingly, as was formerly appointed; and if they shall not assent unto it, that then they shall have Power to alter the whole last Part of the Letter, and to advise with the Scotts Commissioners thereupon, and to report it to the House."

Agreed to.

The Answer was:

Answer.

That this House agrees to the Message now brought

Message from the H. C. that they will give a Conference about the E. of Stamford's Business.

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

To acquaint their Lordships, that the House of Commons having extraordinary Occasions Yesterday, they could not give their Lordships a Conference, as was agreed to, concerning the former Conference touching the Earl of Stamford's Business; but they will be ready to give a Conference, by a Committee of both Houses, when this House shall appoint.

Answer:

Answer.

This House will give them a present Meeting, in the Painted Chamber, concerning the late Conference concerning the Earl of Stamford's Business.

Message to them, that the Lords will give a Conference on the Ordinances they desired.

A Message was sent to the House of Commons by Dr. Heath

To let them know, that this House will be ready, at the next Conference, in the Painted Chamber, to hear what they shall offer touching the Amendments in the Ordinances concerning the Persons that come out of the King's Quarters, and concerning the Continuance of the Committee and Treasurers of the Army.

A Letter was read, sent to the Speaker.

Letter from the Committee with the Army; and a Remonstrace from Colonel Poyntz.

"For the Right Honourable the Lord Grey of Warke, Speaker of the House of Peers pro Tempore.

"May it please your Lordship,

"We have received this inclosed Remonstrance from Colonel General Points, which we beseech your Lordships to take into your speedy Consideration: He is a most careful and diligent Commander; and the Example of his Personal Courage was a great Means to expel the Enemy that lately came out from Newarke to fall on his Quarters. His Merit is so well known to your Lordships, as we imagine it will be needless to trouble you with any further Arguments; but remain

Nottingham, 4th Jan. 1645.

"Your Lordships humble Servants,

"J. Rutland.
"F. Willoughby."

Remonstrance from Colonel Poyntz, about his Entertainment.

"A brief Remonstrance concerning my Entertainment (fn. 4) as Commander in Chief within the Northern Association, Colonel of Horse and Foot and Governor of York, humbly presented to the Right Honourable the Committee of Lords and Commons now at Nottingham.

"Right Honourable,

"It pleased both Houses to order me Two Regiments, in which Condition I expected full Pay, being Seven Pounds per Diem, whereof I received but Twenty-two Pounds per Week; and since, they were pleased to appoint me as Governor at Yorke, but no Pay established in respect thereof.

"Now be pleased to consider, that I have been in Field Service from the Beginning, wherein I can make it appear that I am at least Four Hundred Pounds out of Purse, to Spies and others, for Intelligence; and I have always discharged my Quarters, for myself, Officers, and Servants; but now of late the Committee of Nottingham, taking Notice of my Condition, allow me Fifteen Pounds a Week, and though it be but a Trifle in respect of my Charge, yet far more than this poor County can proportionably bear: And therefore humbly desire that (my present Entertainment being but scant to maintain my Wife and Family at Yorke, and pay Servants, who always received their Wages out of my private Stock) my full Pay, as Commander in Chief, Colonel of Horse and Foot, and Governor of Yorke, may be settled, whereby the Country may not suffer by my Necessity, nor myself dishonoured thereby; and that this may be recommended for a Confirmation where your Honours think most fit, wherein you may eternally oblige

"Your devoted Servant,

"Sedenham Poyntz."

Message to the H. C. with it; and about Sir T. Williams and Capt. Morgan.

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

To desire Concurrence in the Vote of this House, concerning Sir Trevor Williams and Captain Anthony Morgan.

2. To communicate unto them the Letter from the Earl of Rutland and the Lord Willoughby, and the Remonstrance of Colone Poynts.

Captain Birckbeck freed from an Arrest.

Ordered, That Captain John Birckbecke, who served under the Earl of Denbigh in the Parliament's Service, and hath many Arrears due to him from the Parliament, and is now arrested for Debt, shall be freed from his present Restraint, and from any further Arrests, until such Time as he shall receive some of his Arrears from the State for Payment of his Debts.

The Lord Robertes was appointed to manage the Conference with the House of Commons.

The Lords went to the Conference with the House of Commons.

Adjourn.

House adjourned till 10^a cras.