House of Lords Journal Volume 8: 1 December 1645

DIE Lunæ, 1 die Decembris.

Prayers, by Mr. Hickes.

Ds. Grey de Warke, Speaker.

Ordinance for Mortimer to be a Serjeant at Arms.

The Ordinance for making James Mortimer a Serjeant at Arms, in the Place of Mathew Francis deceased, was presented to this House, and read; and approved of, and Ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. with the Bristol Ordinanee, and L. Fairfax's & al. Petition; and for Sir Rivet Eldred to be excused serving as Sheriff of Suff.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

1. To deliver the Ordinance concerning Bristoll, with the Alterations; and desire their Concurrence therein.

2. To deliver the Petition of Sir Rivett Eldred to them; and desire their Concurrence, that he may be exempted from his Place of High Sheriff, and another nominated in his room.

3. To communicate unto them the Petition of Wm. Viscount Fairefax and his Brothers and Sisters, with Recommendations.

Answer to the Scots Papers.

The Answer of both Houses to the Scotts Papers (fn. 1) was read Once.

Ordinance to re-pay Monies to the Eastern Association.

The Ordinance concerning the re-paying of Monies which the Counties of the Eastern Association have disbursed upon Alarums, was read the Second and Third Time, and Agreed to. (Here enter it.)

Ne exeat Regnum, against De Liques.

Ordered, That there be an Ne excat Regnum granted against Peter De Liques, that he shall not go out of this Kingdom, until the Business between him and others be heard and determined by this House.

Ly. Leviston's Petition, for her Husband's Arrears.

Upon reading the Petition of Dame Arbella Leviston, Wife to Sir John Leviston, Lord Duneepeece; shewing, That her Husband, serving in the Scotts Army, have lost his Life; and so she, being a Widow with Five Children, is in Distress: Therefore she desires that some Part of her Husband's Arrears as will transport her into her Native Country of Scotland, and maintain her, may be allowed her."

It is Ordered, That this Petition be recommended to the House of Commons.

L. Stanhope, Leave to be absent.

It was moved, on the Behalf and Desire of Charles Lord Stanhope, "That, in regard of his Indisposition, (fn. 2) which doth render him uncapable to wait upon this House, he desires he may have Leave to retire himself into the Country, as soon as he may adventure himself with any Safety to his Health; and that he may have Leave to substitute a Proxy."

It is Ordered, That this House gives the Lord Stanhope Leave to be absent, for his Health's sake.

Gouland's Petition.

Upon reading the Petition of Ric'd Gouland, Master of Arts, Keeper of the College Library at Westm. (Here enter it.) It is Ordered, To be recommended to the House of Commons.

Sir H. Mildmay's Claim to the Barony of Fitz-Walter to be heard.

Upon reading the Petition of Sir Henry Mildmay, of Moulsham, Knight, Cousin and Heir to Robert late Earl of Sussex, Lord Fitzwalter; shewing, "That, by the Death of the said Robert late Earl of Sussex, and Lord Fitzwalter, the Title of Lord Fitzwalter descended to him, as his Cousin and Heir; that he, being intitled to the same, did, in the Beginning of this Parliament, make his Claim thereunto; and did, by Petition to His Majesty, claim the said Title; whereupon, the 20 of April, 1641, His Majesty referred the said Claim to this House, as by the Petition and Reference may appear: That he did accordingly prosecute his Claim in this House; whereupon this House hath not proceeded to the Hearing of his said Claim:

Therefore the Petitioner desireth, that, with what convenient Speed this House shall think fit, a Hearing of his Claim may be appointed.

King's Counsel and Sir T. Cheek to have Notice.

It is Ordered, That a Hearing shall be the Second Tuesday in the next January; and the King's Counsel, as Mr. Solicitor, Mr. Serjeant Wyld, and the rest, are to have Notice of it, that so they may be heard for the King, if they think fit; and likewise Sir Thomas Cheeke and others whom it concerns are to have Notice of it, that they may (fn. 2) be heard if they desire it.

Sir Charles Mordaunt and Cole.

Ordered, That Sir Charles Mordant, having given Mr. Bassett Cole Satisfaction, shall be released absolutely from his Restraint.

Sir O. Fleming, Privilege.

Ordered, That Sir Oliver Fleming Knight, Master of the Ceremonies, in regard of his great Service to the Parliament, and that he is a Servant to the Parliament upon all Occasions, shall be protected, by this House, from all Arrests, both in his Person and Goods.

Ihannes's Business.

Ordered, That the Gentleman Usher shall bring to this House all those Persons that he hath apprehended concerning Ihannes' Business, that so this House may proceed against them.

Ordinances, &c. for Concurrence.

The Ordinance for taking off the Sequestration of John Anderson, was read, and Agreed to.

(Here enter it.)

The Ordinance for taking off the Sequestration of Tho. Brooker, was read, and Agreed to. (Here enter it.)

The Order for making Phillip Jones Governor of the Garrison of Swansey, was read, and Agreed to.

(Here enter it.)

The Order for making Edward Clerke Esquire High Sheriff for the County of Oxon, was read, and Agreed to. (Here enter it.)

The Order for discharging Lieutenant Colonel Lilbourne from the Fine in the Star Chamber against him, was read, and Agreed to. (Here enter it.)

The Order for making Edward Prichard Esquire to be Governor of Cardiff, was read, and Agreed to.

(Here enter it.)

An Ordinance for re-paying to the several Counties of the Eastern Association such Monies as they have expended in raising of Forces upon Alarums, was read, and Agreed to. (Here enter it.)

Ordinance for re-paying Monies, which the Counties of the Eastern Association disbursed upon Alarums.

The Lords and Commons now in Parliament assembled, taking into Consideration how that several great Sums of Money have been lately raised and disbursed, in the several Counties of the Eastern Association, in resisting and preventing the mischievous Designs of the Enemy, who, by Alarums, Invasions, and many other Ways, have endeavoured to distract the Peace of those Counties; and the Committee of the said several Counties, of their great Zeal and good Affection to their Country, have, by themselves and their Friends, undertaken for, and given their own Security for the Re-payment of, the said Monies; but no Provision is yet made for the reimbursing and true Payment thereof, to the utter Undoing of many wellaffected in those Counties: Be it therefore Ordained, and it is Ordained, by the said Lords and Commons, That, for the Satisfaction and present Payment of all such Sums of Monies disbursed as aforesaid, for the Public Service, and necessary Defence and Preservation of the said Counties, there shall be taxed, levied, and paid, at or before the 20th of December, in the Year of our Lord God 1645, the several Sums of Money upon the several Counties hereafter-mentioned respectively; (videlicet,) upon the County of Norff. the Sum of Seven Thousand and Twenty Pounds; upon the City of Norwich, the Sum of Three Hundred Sixty and Six Pounds; upon the County of Essex, the Sum of Six Thousand Seven Hundred and Fifty Pounds; upon the County of Lincolne, the Sum of Two Thousand and Seventy Pounds; upon the County of Hertford, the Sum of Two Thousand Four Hundred Thirty-two Pounds, and Ten Shillings; upon the County of Suffolke, the Sum of Seven Thousand and Seventy Pounds; upon the Isle of Ely, the Sum of Seven Hundred and Twenty-eight Pounds, Thirteen Shillings, and Four Pence; upon the County of Cambridge, the Sum of Two Thousand One Hundred Seventy-one Pounds, Six Shillings, Eight Pence; upon the County of Huntingdon, the Sum of One Thousand and Twenty Pounds: And, that the said several Sums of Money may be duly taxed, levied, and paid, be it further Ordained, That several Persons named to be Committees, in the Ordinance of Lords and Commons for raising and maintaining of the Army under the Command of Sir Thomas Fairefax, for the said Counties, Cities, and Places as abovesaid, shall and may be Committees for the putting this Ordinance in Execucution, and shall and may assess and levy, or cause to be assessed and levied, within the said Counties, Cities, and Places aforesaid respectively, the said several Sums of Money, according to the usual Proportions within the said Counties, Cities, and Places, or as may be most indifferently assessed and imposed upon the said Counties respectively; and that all Persons, Bodies Politic and Corporate, all Manors, Lands, Tenements, Rents, and Hereditaments, Goods, and Chattels whatsoever, charged or chargeable by virtue of the said Ordinance for the Payment of the Army under the Command of Sir Thomas Fairefax, shall be also charged and chargeable with the Payment of the said several Sums mentioned in this present Ordinance; and that it shall be lawful for the said Committees, or any Five or more of them, to nominate Assessors, Collectors, and Treasurers, for the assessing, collecting, and receiving, of the said several Sums of Money; and that the said Committees, Assessors, Collectors, and Treasurers, shall and may do all Things, and execute all such Power, for the assessing, collecting, and receiving of the said several Sums of Money, within the said Counties respectively, as the said Committees, Assessors, Collectors, and Treasurers, have Power to do, by virtue of the said Ordinance, for the Payment of the Army under the Command of Sir Thomas Fairefax; and that the Committees of the several Counties respectively shall allow such Fees and Sums of Money, for Collectors, Treasurers, and others, by them employed, or to be employed, in assessing, collecting, levying, receiving, and paying, the said several Sums, as are named and allowed of in the said Ordinance, and not otherwise: And it is further Ordained, by the said Lords and Commons, That the Treasurer or Treasurers appointed to receive the said Monies, by virtue of this Ordinance, within the said Counties respectively, shall not issue forth or pay any Sum or Sums of Money to any Person or Persons whatsoever, but to the Uses in this Ordinance mentioned, and also by Warrant in Writing under the Hands of Ten or more of the Committees of the several Counties respectively; and that the said Treasurers and Collectors shall, from Time to Time, give Accompt of their Receipts and Disbursements to the Committee of Lords and Commons for the Eastern Association, as by both Houses of Parliament they shall from Time to Time be appointed."

Ordinance to clear Anderson of his Delinquency.

Whereas John Anderson, of London, Gentleman, hath, by both Houses of Parliament, been admitted unto his Fine of One Hundred Pounds, for bearing Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said John Anderson, in usual Form, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and of all Mean Profits, from the 7th Day of October, 1645; and Oliver St. John Esquire, His Majesty's Solicitor, is hereby required to prepare a Pardon accordingly."

Ordinance to clear Brooker of his Delinquency.

Whereas Thomas Brooker, of Byford, in the County of Hereford, Esquire, hath, by both Houses of Parliament, been admitted unto his Fine of Four Hundred Pounds, for that he voluntarily went from his Habitation into the Enemy's Quarters, there aiding and assisting the King against the Parliament by Contributions and otherwise: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Thomas Brooker, in usual Form, with a Grant and Restitution of all his Lands, Goods, and Chattels, and other Estates for which the said Fine was accepted, according to a Particular thereof made, and of all Mean Profits, from the 12th Day of August, 1645; and Oliver St. John Esquire, His Majesty's Solicitor General, is hereby required to prepare a Pardon accordingly."

Jones to be Governor of Swanzey.

The Lords and Commons assembled in Parliament do nominate and approve of Phillip Jones Esquire to be Governor of the Garrison of Swansey, in the County of Glamorgan; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly."

Clerk, to be Sheriff of Oxon.

The Lords and Commons in Parliament assembled do nominate and approve of Edward Clarke Esquire, to be High Sheriff of the County of Oxon; and that the Commissioners of the Great Seal do grant him a Patent for Sheriff, in Form usual, accordingly.

Order to take off Colonel Lilbourne's Fine in the Star Chamber.

Ordered, by the Lords and Commons in Parliament assembled, That Lieutenant Colonel Lilborne be discharged of the Fine set upon him in the Star Chamber."

Prichard to be Governor of Cardiff.

The Lords and Commons assembled in Parliament do nominate and approve of Edward Prychard Esquire, to be Governor of the Town and Castle of Cardiff; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly."

Gouland, Librarian of Westm. Abbey, Petition for his Arrears, and for Money laid out for Books.

To the Right Honourable the Committee of Lords and Commons for the regulating of the Government of the College Library at Westm.

Humbly sheweth,

That, by a Patent under the Seal of the Dean and Chapter of Westm. dated the 18th of December, 1626, the Office of Library-keeper aforesaid was duly granted unto the Petitioner, for Term of his Life, with a Salary of Twenty Pounds per Annum, and a Commons at the Dean and Prebends Table, as by his said Patent appeareth; as also a convenient Lodging, for his better Attendance upon the Place, by their Chapter Act of the same Date; all which, save the Commons, that upon breaking up of House-keeping was converted into an Yearly Allowance of Thirteen Pounds, Six Shillings, and Eight Pence, he hath constantly ever since enjoyed, according to the said Grant, till these last Three Years, that the same, together with his Salary of Twenty Pounds per Annum, is behind, and in Arrear unto him.

That the Place of Library-keeper aforesaid was and still is a Place of Necessity, and of Daily Attendance; many of the Reverend Divines of the Assembly and other Personages of Quality frequently repairing to the said Library, and making great Use thereof.

That the Petitioner did likewise, about the Beginning of this Parliament, disburse, for the Provision of some necessary Books which the Library wanted, the Sum of Eleven Pounds, Ten Shillings; that was approved of by the Dean and Prebends as a good Service, and at their last Chapter ordered to be repaid, but remains yet unsatisfied.

Now, as much as that, for Want of his said Yearly Salary and Allowance for Commons for these Three last Years, the Petitioner hath been inforced to borrow Monies for his Maintenance, and hath not otherwise wherewith to make Satisfaction, or to subsist hereafter:

He therefore humbly beseecheth your Honours, taking into Consideration the Necessity of the said Office, and the Petitioner's necessary and daily Attendance upon the same, with his diligent and faithful Performance, as also the Wants and Necessities he is driven unto; that you would be pleased, out of your Honours well-known Love to Justice, and to the promoting of Good-letters, upon the whole Matter to commiserate the Petitioner's distressed Condition, and graciously be pleased to give Order that his said Arrears, together with the said Eleven Pounds, Ten Shillings, laid out by him for Books, may be satisfied and paid him; and that, for the future, he may duly receive the said Salary, and Allowance for Commons, as heretofore, that he may be encouraged chearfully to proceed in the said Service and Daily Attendance upon (fn. 3) the said Office.

And the Petitioner, as in Duty he is bound, shall daily pray, &c."

Adjourn.

House adjourned till 9^a cras.