House of Lords Journal Volume 8: 13 January 1646

DIE Martis, 13 Januarii.

PRAYERS, by Mr. Perne.

Domini præsentes fuerunt:

Lord Grey de War', Speaker.

Soldiers billeted in Houghton Lodge, Ld. Bruce's, to be removed.

The House being this Day informed, "That one Henry Miles, a Quarter-master, hath billeted Soldiers in Houghton Lodge, in the County of Bedd. being the Lord Bruce's House, and in the Keeper's Lodge there, contrary to an Order of this House:"

It is Ordered, That the Quarter-master shall, upon Sight of this Order, remove all such Soldiers as are billetted in the said Ledges; and that neither the said Quarter-master nor any other Person shall billet any Soldiers hereafter in either of the said Lodges.

Le Strange's Petition, to be bailed.

The Petition of Roger Le Strange, a Prisoner in Newegate; desiring "to be released upon Caution."

(Enter the Petition.)

Ordered, To be sent to the House of Commons, who are to be desired to concur with the Lords for his Enlargement upon some Caution.

Ld. Evre's Petition, for an Allowance.

The Petition of the Lord Evre was read; desiring "a competent Allowance out of his own Estate."

(Enter the Petition.)

Ordered, That the said Petition and Contents thereof are specially recommended to the Committee of Lords and Commons for Secuestrations, that a competent Allowance may be made him, out of his own Estate, suitable to his Degree and Quality.

Ld. Brudnell to be in Custody of the Black Rod.

Ordered, That the Gentleman Usher attending this House shall take the Lord Brudnell into his Custody (he having been lately taken at Hereford), as soon as he shall come into the Lines of Communication, and keep him in Safety until the Pleasure of this House be farther signified.

Ordinance concerning the London Militia.

The Ordinance for the Militia of the City of Lond. being committed to a Committee of the whole House, was this Day considered of; but not perfected, by reason of many Businesses that were this Day agitated: And thereupon, after the House was resumed, it was referred to a Private Committee; videlicet,

Any Two, to meet when they please, and to report.

Exportation of Horses stopped.

Resolved, That this House will grant no more Passes to transport Horses out of this Kingdom, for One whole Year next ensuing.

To be sent to the House of Commons, for their Concurrence.

A Vote of the House of Commons was read, and Agreed; videlicet,

E. of Devon's Assessment to be employed for Bristol.

"Resolved, That the Proceed of the Earl of Devon's Twentieth Part shall be employed for the Service of the Forces of the Garrison of Bristol, which are to be new raised there."

Report was made by the Earl of Northumb'land from the Committee of both Kingdoms; videlicet,

Letter to the King.

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

"Ordered, That the Letter to be sent to the King, as it is now agreed upon, be reported to both Houses."

The Letter was read, and Agreed (fn. 1) to by this House; and Ordered to be sent to the House of Commons, for their Concurrence. (Enter the Letter.)

Message to the H. C. for a Conference about the Ordinance for continuing the Committee for the Army, &c. and about the following Particulars.

Mr. Doctor Aylett and Mr. Doctor Heath were sent to the House of Commons with these Particulars following:

1. To desire a Conference, upon the last Conference, concerning the Ordinance for the Treasurers for the Army, and the Votes concerning Delinquents, &c.

2. The King's Letter, and to desire their Concurrence.

3. The Earl of Devon's Ordinance, for Payment of Five Thousand Pounds, returned, with a small Amendment.

4. To let them know, that the Lords had agreed to the Vote sent up, touching the Earl of Devon's Twentieth Part.

5. The Petition of Grissell Rutherford, the Wife of Major Rob'te Rutherford, desiring some Part of his Arrears; recommended to the House of Commons.

6. To put them in Mind of the Lady Marquess of Winton her Business, that they would take off the Restraint laid upon her by the Committee of Examinations.

Sir W. Russell & al. and Lenthall & al.

The Cause between Sir Wm. Russell Knight and Baronet and others Plaintiffs, and Tho. and Francis Lenthall and Jo. Marston Defendants, was taken into Debate; and voted by the House, videlicet,

"Resolved, That the Parties are left to their Course at Law; and the Judges are left free to determine whether a Prohibition doth lie in this Case or not, and to proceed accordingly."

Message from the H. C with a Letter to the King;

A Message from the House of Commons, by Mr. Pelham and others:

1. That the Knights, Citizens, and Burgesses, did by him present to their Lordships an Answer to be sent to the King, to which he was commanded to desire their Lordships Concurrence; and that they would (having passed it) (fn. 1) cause it to be sent to the Committee of both Kingdoms, to be speedily dispatched with a Trumpeter unto His Majesty.

and to remind the Lords of some Ordinances.

2. To put their Lordships in Mind of the Ordinance for Martial Law, remaining with them.

3. And the Ordinance for the City to raise Horse, &c.

4. And the Ordinance for the Army.

All which Things they desired their Lordships to give a Dispatch unto, as it might stand with their own Conve niency, being Things that conduced much to the Safety of the Kingdom.

The said Answer was read; and being compared with that formerly passed, and sent down by the Messengers belonging to this House to the House of Commons, was Agreed unto without any Alteration.

Answer.

Their Messengers being called in again; the Speaker, in the Name of this House, returned this Answer: "That the Lords have agreed unto the Answer brought up by them to the King's Letter; and that it shall be signed as is usual, and sent away as is desired: But to the Three Ordinances mentioned in their Message, the Lords will take them into their Consideration, and return them an Answer by Messengers of their own."

Ordinance for Martial Law.

The Ordinance for Martial Law, being now reported, was, with several Alterations and Provisos, read the Third Time.

And being put to the Question;

It was Resolved, by the major Part, That it should not pass with the said Amendments.

A new One to be brought in.

Ordered, That a new Ordinance shall be brought into this House, to remedy the present Inconveniences, to continue for a short Time; and that any Member of this House might present such an Ordinance as he should think fit.

Answer from the H. C.

The Messengers returning from the House of Commons brought this Answer:

That they will give a present Conference, touching the Ordinance for the Treasurers of the Army, and the Votes concerning Delinquents, as is desired: That they do agree with their Lordships in the Alteration of the Ordinance touching the Earl of Devon; and to all the rest, they will return Answer by Messengers of their own.

Conference on the Ordinance for continuing the Committee for the Army, &c.

The Lords went to the Conference; and the said Ordinance and Votes, with their several Amendments, were by their Lordships imparted to the Commons at the said Conference, and left with them.

Le Strange's Petition, to be bailed.

"To the Right Honourable the Lords and Commons assembled in the High Court of Parliament.

"The humble Petition of Roger Le Strange, Prisoner in Newgate;

"Sheweth,

"That your Petitioner hath suffered a chargeable, long, and sad Confinement, whereby he is exposed to a certain and swift Destruction, either by Want, Sickness, or both, without a seasonable Redress.

"Wherefore he humbly represents the State of his present Condition, as also of his by-past Sufferings, to the Judgement and noble Consideration of these Honourable Houses; desiring your Honours will be pleased now at Length to relieve this your unfortunate (fn. 3) Petitioner, by restoring him to his Liberty; humbly assuring you, upon the Parole of a Gentleman, or any other cautionary Security, that he will neither directly nor indirectly act, consult, or project, any Thing of Prejudice to the Parliament.

"And he shall ever pray, &c.

"Roger Le Strange."

Ld. Evre's Petition, for an Allowance.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of William Lord Evre;

"Humbly sheweth,

"That your Petitioner's Estate both Real and Personal is wholly sequestered, not leaving him so much as a Bed to lie upon but what he borrows, whereby he is reduced to extreme Want, even of Bread for himself, his Daughter, and Family. Your Petitioner is very aged and infirm, and hath not been able to go out of his House for these Two or Three Years.

"Wherefore your Petitioner humbly prays, that the Consideration of the Premises (fn. 4); and that your Lordships will be pleased to grant some Weekly Allowance to be paid to your Petitioner, either out of his own Estate or otherwise, for the Livelihood of your Petitioner, his Daughter, and Family, as you in your Clemency and Wisdom shall think fit.

"And he shall ever pray, &c.

"William Evre."'

Letter to the King, in Answer to Two from Him, proposing a Personal Treaty at Westm.

"May it please Your Majesty,

"We, Your humble and loyal Subjects of both Kingdoms, have received Your Letters of the 26th and 29th of December last, unto which we humbly return this Answer: That there hath been no Delay on our Parts but what was necessary in a Business of so great Consequence, as is expressed in our former Message.

"Concerning the Personal Treaty desired by Your Majesty; there having been so much innocent Blood of Your good Subjects shed in this War by Your Majesty's Commands and Commissions; Irish Rebels brought over into both Kingdoms, and Endeavours to bring over more (fn. 5) into both of them, as also Forces from Foreign Parts; Your Majesty being in Arms in these Parts, and the Prince in the Head of an Army in the West, divers Towns made Garrisons, and kept in Hostility by Your Majesty against the Parliament of England; there being also Forces in Scotland against that Parliament and Kingdom by Your Majesty's Commission; the War in Irel. fomented and prolonged by Your Majesty; whereby the Three Kingdoms are brought near to utter Ruin and Destruction: We conceive, that, until Satisfaction and Security be first given to both Your Kingdoms, Your Majesty's coming hither cannot be convenient, nor (fn. 6) be assented unto; neither can we apprehend it a Means conducing to Peace, that Your Majesty should come to Your Parliament for a few Days, with any Thoughts of leaving it, especially with Intentions of returning to Hostility against it: And we do observe, that Your Majesty desires the Engagement not only of Your Parliaments, but of the Lord Mayor, Aldermen, Common Council, and Militia of the City of London, the Chief Commanders of Sir Thomas Fairefax's Army, and those of the Scotts Army, which is against the Privileges and Honours of the Parliaments, those being joined with them who are subject and subordinate to their Authority: That Your Majesty, against the Freedom of Parliaments, enforces in both Your Letters with many earnest Expressions, as if in no other Way than that propounded by Your Majesty the Peace of Your Kingdoms could be established. Your Majesty may please to remember, that, in our last Letter, we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty, which we conceive to be the only Way for the attaining a happy and well-grounded Peace; and Your Majesty's Assent unto those Propositions will be an effectual Means for giving Satisfaction and Security to Your Kingdoms, will assure a firm Union between the Two Kingdoms, as much desired by each for other as for themselves, and settle Religion and secure the Peace of the Kingdom of Scotland, whereof neither is so much as mentioned in Your Majesty's Letter.

"And in proceeding according to these just and necessary Grounds, for the putting an End to the bleeding Calamities of these Nations, Your Majesty may have the Glory to be a principal Instrument in so happy a Work; and we, however misinterpreted, shall approve ourselves to God and the World, to be real and sincere in seeking a safe and well-grounded Peace."

E. of Devon's Assessment for the Garrison of Bristol.

"It is this Day Ordered, by the Lords and Commons, &c. That the Proceed of the Earl of Devonsheire's Twentieth Part shall be employed for the Service of the Forces of the Garrison of Bristoll, which are to be new raised there."

Adjourn.

Adjourn, 10 Thursday next.