House of Lords Journal Volume 7: 25 October 1645

DIE Sabbati, 25 die Octobris.

PRAYERS, by

Ds. Grey de Warke, Speaker.

A Letter from the Lord Wharton was read, as follows:

Letter from Ld. Wharton, that the Committees in Scotland have met; and that he is coming up.

"For the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore, at West. Haste, Haste.

"From Anderwicke, 20th October, 1645, at 8 of the Clock in the Forenoon.

"May it please your Lordships,

"We had a Meeting with the Committee of Scotland on Tuesday last at St. Andrewes, and continued the Treaty with them till Saturday; on which Day we returned Southward, and the Scotts Committee went toward Glasco, to be there upon Monday 20th Instant, being the same Day that Montrosse intended to (fn. 1) have held his pretended Parliament there. I am now upon my Way to wait upon your Lordships; and hold it my Duty to give you this Advertisement, that as concerning the Garrisons there is nothing done. The particular Papers of the Treaty (and the whole Proceedings) I shall attend you with, with Diligence; and rest,

"Your Lordships most humble Servant,

Anderwicke, 20th October, 1645.

"Ph. Wharton."

E. of Rutland's Petition, to have Ld. Campden's Fine, in Consideration of his Losses.

Upon reading the Petition of John Earl of Rutland; shewing, "That he hath had his whole Estate, in Lyncolne, Leycester, Nottingham, and Yorkeshire, possessed by the Enemy, from the Beginning of these unhappy Wars, his Houses spoiled, and not received any of his Rents, whereby he is put to great Streights for Maintenance of his Family; beside, was left in much Debt by the late Earl of Rutland, which since is so augmented, that the Pressure is heavy upon him: Now so it is, that the Lord Viscount Campden hath been a principal Instrument in the Ruin of the Petitioner's Castle, Lands, and Woods, about Belvoyre, ever since the First Taking thereof, being a Chief Commander there, and to the Damage of the Petitioner above Twenty Thousand Pounds.

"Wherefore he humbly prayeth their Lordships to take his Condition into speedy Consideration, and be pleased to recommend it to the House of Commons, for their Concurrence in the Grant of the Lord Viscount Camden's Fine for Delinquency, or such considerable Part thereof as in your Wisdoms shall seem good, towards a present Subsistence; and that the Petitioner may obtain further Support for the future, as may enable him in his Quality to serve the Parliament."

The Lords, taking into Consideration the faithful Service of the Earl of Rutland, and his diligent Attendance upon the Parliament, do recommend this Petition of the House of Commons; desiring, that some speedy Relief and Support may be granted, according to the Petition of the said Earl, whose Sufferings have been very great.

Browne, Cler. Parl. Petition.

Upon the reading of the Petition of John Browne Esquire, Clerk of the Parliaments: It is Ordered, To be recommended to the House of Commons.

Materials about St. Paul's to be sold, to pay the Workmen.

Upon reading the Petition of the Workmen and others late employed in the Repair of Paule's Church, London; desiring, "That some of the Materials about Paul's Church may be sold, for the Payment of them:"

It is Ordered, To be referred to Mr. Carter, Surveyor, to set out such Materials about Pau's as are perishable, and most likely to be purloined, to be sold for the Payment of the Workmen; so it exceeds not the Value of Five Hundred Pounds.

Ordinance for granting the Iron Works in Dean Forest to Col. Massey.

The Earl of Manchester reported from the Committee, That they have considered of the Ordinance concerning the Iron Mills to be passed to Colonel Massy; and they have heard what the Earl of Salisbury could offer in his Behalf: And it did appear to the Committee, the Earl of Sarum hath (fn. 2) a Patent from the King, and by Ordinance of Parliament, assigned to him, for his Security for Monies which he hath lent formerly to the King."

Proviso for the E. of Salisbury and Sir Edw. Leech.

Hereupon the Committee think it fit to add a Proviso, for saving the Estate of the Earl of Sarum; which, being read, was Agreed to, with a Proviso for Sir Edward Leech.

Message from the H. C. with Ordinances; and with Names of Sheriffs for some Counties;

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

To desire Concurrence in these Particulars:

1. An Ordinance for the Relief of Leycester.

2. An Ordinance to pay Six Hundred Pounds to Rob't Knight. (Here enter it.)

Agreed to.

3. An Ordinance for the Ordination of Ministers. Read Once.

4. An Ordinance for Thomas Rands to have One Thousand Pounds, out of the Excise. (Here enter it.)

Agreed to.

5. That Anthony Blagrave be High Sheriff of the County of Berks; and that the Commissioners of the Great Seal of England do give him a Commission accordingly.

Agreed.

6. That John Stafford Esquire be High Sheriff of the County of Leycester; and that the Commissioners for the Great Seal do give him a Commission accordingly.

Agreed to.

7. That Guilbert Armestrong, of Rempston, in the County of Nottingham, Esquire, be High Sheriff of the said County; and that the Commissioners for the Great Seal do give him a Commission.

Agreed to.

8. An Ordinance to pay Three Thousand Pounds, out of the Excise, for the West. (Here enter it.)

Agreed to.

9. An Ordinance for Three Hundred Pounds for maimed Soldiers. (Here enter it.)

Agreed to.

and to expedite some Orders, &c. formerly brought up.

10. To give Expedition, that Colonel Ralph Weldon may be Governor of Plymouth, and the Fort and Island there. (Here enter it.)

Read, and Agreed to.

11. That Expedition may be given to the Ordinance concerning Suspension from the Sacrament of the Lord's Supper.

12. To give Expedition in the Ordinance concerning the selling of Delinquents Estates.

13. To give Expedition to the Order for making Sir Francis Drake to be High Sheriff of the County of Devon.

The Answer returned was:

Answer.

That for the Ordinances for Leycester, Ordination of Ministers, and selling of Delinquents Estates, their Lordships will send an Answer by Messengers of their own: To all the rest of the Particulars, this House (fn. 3) agrees.

Message to the H. C. with the E. of Rutland's Petition;

A Message was sent to the House of Commons, by Dr. Aylett and Mr. Page:

To deliver the Petition of the Earl of Rutland to the House of Commons, with the Sense of this House thereupon.

and with Brown's Petition, and Two Ordinances.

A Message was sent to the House of Commons, by Serjeant Ayliff and Mr. Page:

1. To deliver to them the Ordinance concerning the Iron Works to be granted to Colonel Massey, which this House hath passed, with Two Provisoes, concerning the Earl of Sarum and Sir Edward Leech; and desire their Concurrence therein.

2. To recommend the Petition of the Clerk of the Parliaments to them.

3. To desire their Concurrence in the Order for Captain Owen Cox to be Master of the Ship called The Royalist.

Leicester Ordinance.

The Ordinance concerning Leycester was read Twice; and committed to the Earls of Northumb. Kent, Warwicke, and the Lord Robertes, or any Two; and they to make speedy Report thereof to this House.

Col. Talbot not to be immediately released.

It was moved, "That Colonel Gilbert Talbott, who is now a Prisoner to the Parliament, might not be released, until some Letters which formerly he writ concerning the Parliament be produced and perused:" Which was Ordered accordingly.

Lady Chaworth's Petition, for the Settlement of her Jointure.

Upon reading the Petition of the Lady Chaworth; desiring "the Settlement of her Jointure, and a Lease allowed unto her, which, by her late Husband's Sequestration, she cannot enjoy."

It is Ordered, To be recommended to the House of Commons, for Relief in the Particulars desired.

Leicester Ordinance.

The Earl of Warwicke reported the Ordinance for Leycester, as fit to pass, with some Limitations, to have the Collection in particular Counties; which Alterations were read, and Agreed to; and the Concurrence of the House of Commons desired therein.

Ld. Campden's Petition, for Leave to attend the Committee about his Composition:

Upon reading the Petition of Bapt. Lord Noell, Viscount Campden; shewing, "That he having obtained Leave to be at his House at Kensington, under the Custody of the Gentleman Usher attending this House; and he is now expected to come to the Committee at Goldsmithes Hall, to make his Composition; but, being under Custody, he cannot go to them, to make his Case known: Therefore he desired he may be released upon his Word, or else he will give Bail until he hath given Satisfaction."

To give Bail.

And it was Resolved, upon the Question, That this House will accept of sufficient Bail of the Lord Viscount Campden, before his Composition.

Order to allow 600l. in the Excise Accompt at York, advanced for the Forces there.

"Whereas Robert Knight Gentleman, and the rest of the Sub-commissioners for the Excise and new Impost in the City of Yorke, have, in August last past, paid out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, the Sum of Six Hundred Pounds unto the Committee of War there, for the Service of the Forces in those Parts: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the said Six Hundred Pounds be allowed, upon Accompt of the said Sub-commissioners, in the same Manner as if the same had been paid into the Office of Excise in London; and that the Receipt of the said Committee at Yorke, for the said Sum of Six Hundred Pounds, shall be sufficient Warrant and Discharge unto the Commissioners of Excise, their Sub-commissioners, and every of them, in that Behalf; and the Auditor for the Receipts of the Excise is required and enjoined accordingly to admit and allow thereof."

Order for 1000l. to Mr. Rands, for the Forces in Lincolnshire.

It is this Day Ordained, by the Lords and Commons assembled in Parliament, That One Thousand Pounds be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of Septmber, 1643, unto Thomas Rands Treasurer appointed, together with Interest hereby Ordained to be paid for the same, for so long Time as the same, or any Part thereof, shall be forborn, before it become due as aforesaid, towards the Payment of the Foot in the County of Lincolne; and the Receipt of the said Thomas Rands Deputy Treasurer, or of his Assignee sufficiently by him authorized thereunto, shall be the Commissioners of Excise for the Time being their sufficient Warrant and Discharge in that Behalf."

Order for the Commissioners of Excise to reimburse themselves 3000l. advanced for the Service of the West.

"Whereas Thomas Foote Esquire, and Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Three Thousand Pounds, Part and Remainder of Twelve Thousand Pounds, assigned by Ordinance of the 2d of June last, for the Service of the West: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise and new Impost may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Three Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. per Annum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, by Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from being satisfied accordingly; and the Commissioners of Excise are hereby required to pay the said Three Thousand Pounds unto Michaell Herring Merchant, whose Receipt, together with this Ordinance, shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, in that Behalf: Provided, and be it further Ordained, That in case the said Three Thousand Pounds, and Interest, or any Part thereof, shall not be reimbursed and paid unto the said Commissioners of Excise, in the Intervals or Course of this present Year, ending the 11th of September, 1646, that then the said Commissioners of Excise, their Executors and Administrators, shall be reimbursed and paid, out of the further Receipts of the Excise, by the Commissioners for the Time being, according to the true Intent and Meaning of this Ordinance; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of Principal and Interest accordingly, which said Sum of Three Thousand Pounds is to be disposed as the Committee of the West shall direct."

Col. Weldon to be Governor of Plymouth.

"The Lords and Commons in Parliament assembled do hereby approve of Colonel Ralph Welden, to be the present Governor of the Town of Plymouth, and of the Fort and Island there."

Order for the Commissioners of Excise to reimburse themselves 300l. advanced for maimed Soldiers.

"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Three Hundred Pounds, for Relief of maimed Soldiers, and Soldiers Widows: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Three Hundred Pounds, together with Interest for the same after the Rate of Eight Pounds per Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, to come in upon the Ordinance of the 11th of September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course; and shall not, by any Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves, or being satisfied accordingly; and the Commissioners of Excise are authorized hereby to pay the said Sum of Three Hundred Pounds to the Treasurers for maimed Soldiers, whose Receipt, or of any Two of them, shall be a sufficient Discharge to the Commissioners of Excise for the Time being, for Reimbursement of Principal and Interest accordingly."

Adjourn.

House adjourned till 9, Monday.