House of Lords Journal Volume 7: 5 October 1644

DIE Sabbati, 5 die Octobris.

PRAYERS, by Mr. Bridge.

Ds. Grey de Warke, Speaker.

Fitchet, who supplies the House with Firing, allowed Privilege.

Upon reading the Petition of Wilkes Fitchett; shewing, "That he being appointed to make Provision of Wood for this Parliament, which he hath carefully done; and he hath received a Ticket the 4th of this Month from the Militia of The Savoy, that he or his Servant is to appear, completely armed, to the Colours which is appointed in the Regiment of Sir James Harrington; therefore humbly prayeth, that himself and his Servant (by reason that himself and his Servant are employed in making Winter Provision for this House) may go on in the Service he is employed in."

Hereupon this House Ordered, That, in regard the Petitioner is an Attendant to this House in the Business he is employed (fn. 1) in, that he receive and enjoy the Privilege of Parliament, for himself and his Servants.

Cole versus Sir Charles Mordaunt.

Upon reading the Petition of Bassett Cole Esquire, against Sir Charles Mordaunt Knight; complaining, "That Sir Charles Mordaunt refuses to pay him his Debt and Arrears, according to their Lordships Order of 10th July, 1641, made by his Consent:" It is Ordered, That the said Sir Charles Mordaunt shall have a Copy of this Petition; and, if he pay not the Money, he is to return his Answer to this House by (fn. 1) this Day Fortnight.

Lord Admiaral excused.

The Lord Admiral is excused for his Absence this Day, he being sick.

Sumner's Petition, concerning his Assessment.

Upon reading the Petition of Thomas Sumner, a Prisoner in the King's Bench; complaining of "his Disability to pay any Assessments; and being rated for the Twentieth Part by the Committee in Essex, he desires that some Commiseration may be had of him."

Hereupon this House Ordered, To recommend his Petition to the said Committee, and desire them to take it into Consideration.

Ordinance for Ordination of Ministers, and other Matters relative to the Assembly, to be printed under their Direction.

"Ordered, by the Lords and Commons in Parliament assembled, That the Care be committed to the Assembly, of printing both the present Ordinance and Directory for Ordination, and all other Things that shall be hereafter presented to the Houses of Parliament as the humble Advice of the Assembly, if the Houses shall think fit to publish the same; and that when any Thing shall be agreed upon to be published, it be sent back to the Assembly, that by their Care it may be well and truly printed; and none to print the same, but such as shall be appointed thereunto by the Assembly."

Warwickshire Petition.

Ordered, That the Gentlemen of Warwickshire shall have Liberty to take out a Copy of the Warwickshire Remonstrance.

Answer from the H. C.

Sir Edward Leech and Doctor Aylett return with this Answer to the Message sent Yesterday to the House of Commons:

That they agree to the Proviso in the Order, concerning Sir James Palmer's Jewels. (Here enter it.) And that they will take the Petition of the Jersey Men into Consideration. And concerning Mr. Squire's Petition, they will take it into Consideration, and send an Answer by Messengers of their own.

Message from thence, with a Narrative concerning Mrs. Leviston and the French Agent, assisting in the Escape of Lord Mc. Gwire, &c.

A Message was brought from the House of Commons, by Mr. Holles Esquire, which consisted of these Particulars, wherein they desired their Lordships Concurrence:

1. To present to their Lordships a Narrative of the Business concerning Mrs. Leviston, and desire their Lordships Concurrence therein; and that it may be referred to the Committee of both Kingdoms to get it translated into other Languages; and to prepare a Letter to be sent to the Crown of France with it, and provide an Express to go with it.

Agreed to.

and with Two Orders and an Ordinance.

2. To desire Concurrence in Two Orders:

1. To command all Officers as are in Pay of the Parliament, and now in Town, to repair to their respective Charges by Tuesday next.

(Here enter it.)

Agreed to.

2. Concerning Soldiers that are in Pay of any Army under the Parliament, and take Pay in another, &c.

Agreed to.

3. An Ordinance concerning the Town of Poole.

(Here enter it.)

Agreed to.

The Narrative was read, and Agreed to, with some small Amendments.

The Answer returned was:

Answer.

That to the Narrative, their Lordships will send a speedy Answer by Messengers of their own. To all the rest, this House agrees to them.

Message to the H. C. that the Lords agree to the Narrative about Mrs. Levilton, &c.

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

To let them know, that this House agrees with them in the Narrative, with the Alterations; and in referring it to the Committee of both Kingdoms, to translate it into Foreign Languages, and prepare a Letter to be sent with it to the Crown of France, and to appoint an Express to carry it.

Kynnersley, Yeoman of the Wardrobe, attending this House, allowed Privilege.

Upon reading the Petition of Clement Kynnersley, Yeoman of His Majesty's Wardrobe, shewing, "That he hath attended this House ever since the Beginning of this present Parliament, both with himself and Servants, in making ready this House with Wardrobestuff and Hangings, since which Time he hath received no Money towards his Charge of Daily Attendance; that, notwithstanding, the Petitioner hath received a Ticket from the Militia of The Savoy, to appear there, himself or his Servant, in compleat Arms, on Monday next; wherefore, in Consideration of his Daily Attendance, he humbly prayeth their Lordships, that they would be (fn. 2) pleased to Order, That he may peaceably wait in the Duty of his Place, without their Molestation."

Hereupon this House Ordered, That the said Clement Kynnersley and his Servant shall enjoy the Privilege of Parliament, in regard of his Attendance on this House, and be exempted from his serving in Arms according to the said Ticket.

Order for applying Money due to the Creditors of the Earl of Dorset to the Defence of Poole, Lyme, &c.

"Whereas, by a Message from the Lords of the 27th of May last, the House of Commons were informed that Two Thousand Five Hundred Pounds, due to the Creditors of Richard Earl of Dorsett (whereof many were conceived to be Delinquents), lay unpaid in the Hands of Sir Richard Gurney; and did desire that the same might come to the State, and that it might be referred to the Committee for Poole, Lyme, and Plymouth, to be disposed for the Relief of those Places; unto which the Commons House of Parliament did concur, and did refer the getting in and disposing of the said Money to the Committee aforesaid; in Pursuance of which, the Committee aforesaid having employed their Agents for the Discovery of the Truth, ascertaining the Accompt thereof, and finding, upon diligent Search, that there is remaining in the Hands of the said Sir Richard Gurney Principal Money, due and belonging to the said Creditors, only the Sum of One Thousand Thirty-one Pounds, Seventeen Shillings, and Eight Pence; and for Use, due from self and from others, that he hath received, and now in his Hands, the Sum of One Hundred Fifty-nine Pounds and Two Pence, in the whole One Thousand One Hundred Ninety Pounds, Seventeen Shillings, and Ten Pence: The Lords and Commons in this present Parliament assembled do Order and Ordain, That the said Sum of One Thousand One Hundred Ninety Pounds, Seventeen Shillings, and Ten Pence, be paid, by the said Sir Richard Gurney, unto the Committee of Lords and Commons at Habberdashers Hall; who are hereby authorized to receive the same, and to take such other Course, in Case of Non-payment, for the Recovery of the same, as they in their Discretion shall think fit; and to give such Acquittances and Discharges, for the Security and Indemnity of the said Sir Richard Gurney, upon Payment thereof, as shall be reasonably advised or required: And the said Lords and Commons do further Order and Ordain, That the Committee of Lords and Commons at Habberdash'rs Hall do forthwith issue, out of the Monies that shall come in there, the Sum of Six Hundred Pounds, to be paid, upon Accompt, to Henry Bridges, for the Use of the Garrison of Poole, and to reimburse themselves out of the First Monies that shall come in unto them of the said Sir Richard Gurney; and to issue the Remainder thereof in such Manner as the Committee for the Safety of Plymouth, Poole, and Lyme, shall direct and appoint; and the said Sir Richard Gurney, in yielding Obedience to this Ordinance, shall be saved harmless, and kept indemnified, by Authority of both Houses of Parliament."

Order to stop the Pay of all Officers and Soldiers, who are absent without Leave.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That all such Officers as are in the Pay of the Parliament, that are come from their Charge, and shall not quit the Town by Tuesday next, and repair to their respective Charges, unless they be here by the Leave of their Commander in Chief upon the Place, or shall attend by any Order of Parliament, shall have their Pay chequed, and lose their Arrears; and the respective Treasurers and Commissaries are to take Notice hereof, as they will answer the contrary."

Order to prevent Soldiers belonging o One Army taking Pay in another.

"Ordered, by the Lords and Commons, That all such Soldiers as are entertained, and in the Pay of any Army raised by Authority of Parliament, that shall quit that Army, and take Pay and Entertainment in another Army, shall be punished by Death; and that all Officers that shall knowingly entertain any Soldiers of another Army shall be liable to such Punishment as the Commissioners for Martial Law shall think fit.

"The Commissioners for Martial Law are to take Care of the Execution of this Order."

Order for disposing of Sir James Palmer's Jewels.

"Ordered, by the Lords and Commons assembled in Parliament, That the Goods and Jewels of Sir James Palmer, a Delinquent, formerly concealed, and now discovered, shall be forthwith sold to the best Advantage; and the Proceed thereof employed, One Moiety for the Service of Wiltshire, and the other Moiety for the Service of Plymouth: Provided always, That all such Jewels, Gold Medals, Gold Chains, and other Goods, which were the late Earl of Denbighe's, and mortgaged or pawned by his Lordship to the said Sir James Palmer, or any other in Trust for him, shall be delivered to Bazill now Earl of Denbigh, he paying the Money for which the same was so mortgaged or pawned; and the same Money is to be employed to the Uses aforesaid."

Adjourn.

House adjourned till 9^a, Monday next.