House of Lords Journal Volume 8: 17 January 1646

DIE Saturni, 17 die Januarii.

PRAYERS, by Mr. Corbett.

Ds. Grey de Warke, Speaker.

L. Evre's Allowance.

Ordered, To send to the House of Commons, to desire their Concurrence, that it may be referred to the Committee of Lords and Commons for Sequestrations, to consider of allowing some Maintenance for the Lord Evers.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer:

That they agree to the renewing of the Commission to Mr. Annesley and Sir Rob't King, &c. To the other, they will send an Answer by Messengers of their own.

Message to them with L. Evre's and L'estrange's Petitions;

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

1. To deliver to them the Petition of the Lord Evers, and desire their Concurrence, it may be referred to the Consideration of the Committee of Lords and Commons for Sequestrations, to allow him some Maintenance for his Support.

2. To deliver to them the Petition of Roger Le Strange, with special Recommendations.

with the Ordinances for pressing Soldiers, and about the London Militia;

3. To return them the Ordinance for impresting of Soldiers, with the Alterations; and to desire their Concurrence therein.

4. To deliver to them the Ordinance concerning the Militia of London, with Alterations, and desire their Concurrence therein.

and about Major Rutherford's Arrears.

5. To desire that some Course may (fn. 1) be taken for paying some Part of Major Rutterford' (fn. 1) Arrears, for the Burial of his Body.

Lady Berkley's Petition, for Alimony.

Upon reading the Petition of the Lady Berckley, concerning Alimony: (Here enter it.) It is Ordered, To be referred to the Consideration of these Lords following, who are also to consider of the Defects of the Ecclesiastical Courts, in the Case of Alimony and other Cases, in wanting coercive Power to execute Judgement in those Matters as are proper for those Courts; and report the same to the House:

Any Three, to meet when they please.

Staveley & Uxor.

Ordered, That the Cause of Arthur Staveley, between him and his Wife, be referred to the same Committee as the Lady Berckley' is.

Captain Plunket's Petition.

Upon reading the Petition of Captain Thomas Plunkett: It is Ordered, To be referred to the Committee of Lords and Commons for the managing the Affairs of Ireland, to give Relief to the Petitioner; the Goods mentioned in the Petition having been delivered to the Lord Inchequin.

Welch and the E. of Clare.

Upon reading the Affidavit of John Welsh; shewing, That he doth, by his Bill in Chancery, complain and seek Remedy against the Earl of Clare, for the Matters for which his Lordship prosecuteth Suit at the Common Law against him: Therefore desireth Leave to prosecute against his Lordship, and that a Letter may go from the Commissioners of the Great Seal, in the usual Form."

It is Ordered, That a Copy of the Affidavit be sent to the Earl of Clare; and, upon his Answer, this House will take the same into further Consideration.

Ordinance for Martial Law.

The Ordinance concerning Martial Law was read the Second Time, and committed to the Committee of the whole House; and presently the House was adjourned into a Committee during (fn. 2) Pleasure, to take the same into Consideration.

The House being resumed, the said Ordinance was read the Third Time, with some few Amendments.

Resolved, upon the Question, That this House agrees to this Ordinance now read.

Protest against it.

Memorandum, That the Earl of Essex, Earl of Lyncolne, dissented to the aforesaid Vote: Likewise the Lord Robertes.

Committee of Kent's Letter.

Ordered, That the Letter of the Committee of Kent be referred to the Committee of Privileges, (fn. 3) what is fit to be done further upon it.

Message from the H. C. with Ordinances, &c.; to expedite the One for pressing Men for Sir T. Fairfax; and for Lord Digby's, &c. Letters to be delivered to the Committee of both Kingdoms.

A Message was brought from the House of Commons, by Sir John Evelyn Knight:

1. An Ordinance giving Power to Colonel Jepson for Martial Law for the Forces under his Command.

(Here enter it.)

Agreed to.

2. That the Letters and Papers of the Lord Digbie's, taken at the late Fight near Sherborne in Yorkeshire, and now remaining with their Lordships, may be forthwith delivered over and transmitted to the Members of both Houses that are of the Committee of both Kingdoms.

Agreed to.

3. To desire Expedition in the Ordinance concerning pressing of Soldiers for Sir Tho. Fairefax's Army.

4. An Ordinance for paying Nine Hundred Sixtythree Pounds, Fourteen Shillings, and Two Pence, for Mr. Aldworth, out of the Excise. (Here enter it.)

Agreed to.

5. An Ordinance concerning Mr. Hill and Pennoyer.

6. An Ordinance for Five Hundred Pounds out of the Excise, for Winsor.

7. An Ordinance for Mrs. Mary Fiatt to have a Hundred Pounds, out of Sir Philip Carterett's Estate in the Isle of Sarke.

8. An Ordinance for Interest to be paid for Fifteen Hundred Pounds, changed upon the Excise for the Welch Drovers.

9. An Order for Edward Walford to have his House Rent-free.

10. An Order for One Hundred Pounds to Mr. Bedford, out of the Excise.

11. An Ordinance for Two Thousand Five Hundred Pounds for Colonel Poyntz, the Remainder of Five Thousand Pounds formerly charged.

12. An Order for Two Hundred Pounds, out of Haberdashers Hall, to Serjeant Major Baxter, Captain of Hurst Castle.

The Answer returned was:

Answer.

That this House agrees to the Order for granting Power of Martial Law to Major Jepson, and to the Ordinance for paying Nine Hundred Sixty-three Pounds, Fourteen Shillings, and Two Pence, to Mr. Aldworth; and that the Letters shall be transmitted to the Committee of both Kingdoms: To all the rest of the Particulars, this House will take them into Consideration, and return an Answer by Messengers of their own.

Message to the H. C. with the Ordinance for Martial Law.

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

To desire Concurrence in the Ordinance concerning Martial Law.

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

Upon reading the Petition of Sir Wm. Russell, &c. against Lenthall, &c. It is Ordered, That the said Lenthall and Marston shall have a Copy of this Petition, and return an Answer thereunto by Tuesday next; and then this House will take the same further into Consideration.

Order for Col. Jephson to exercise Martial Law.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Colonel Jephson shall have Power to punish by Martial Law, either by Death or otherwise, all such Persons as, having listed themselves under his Command for the Service of Ireland, and received either Money, Horse, or Arms, and shall run away from that Service, or shall commit any Robbery or Violence upon any Person whatsoever not in Arms against the Parliament, during their Abode in this Kingdom: And be it likewise Ordered and Ordained, That the said Colonel Jephson shall have full Power to punish by Martial Law all Persons under his Command (with the Advice of his Officers), according to the Articles of War now in Force in the Army under the Command of Sir Thomas Fairefax."

Order for 1165l. 18s. 2d. to Mr. Aldworth.

"Whereas Richard Aldworth Esquire hath, at several Times, disbursed the Sum of Nine Hundred Sixtythree Pounds, Fourteen Shillings, and Two Pence, for the Service of Ireland, the simple Interest of which Sum, after the Rate of Eight Pounds per Centum, from the 12th Day of March, in the Year of our Lord 1542 (at what Time the last Parcel of the said Sun was paid for the Use aforesaid), to the Twelfth of November last, amounteth unto Two Hundred and Two Pounds, and Four Shillings: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That One Thousand One Hundred Sixty-five Pounds, Eighteen Shillings, and Two Pence (the Total of Principal and Interest as aforesaid) be paid in Course, out of the Receipts of the Excise, by Ordinance of the 11th of September, 1643, together with Interest, after the Rate of Eight Pounds per Centum, for the said Sum of Nine Hundred Sixty-three Pounds, Fourteen Shillings, and Two Pence, until the same shall be paid unto the said Richard Aldworth, his Executors, Administrators, or Assigns; any of whose Receipt or Receipts shall be unto the Commissioners of Excise for the Time being their sufficient Warrant and Discharge for the Payment of the said Sum of One Thousand One Hundred Sixty-five Pounds, Eighteen Shillings, and Two Pence, and Interest for every Part and Parcel thereof, accordingly."