House of Lords Journal Volume 8: 14 February 1646

DIE Saturni, 14 die Februarii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Judgement in Lilburn's Cause.

The Judgement of this House in Lieutenant Colonel Lylborne's Cause was read, and approved of.

Isle of Axholm Order.

Agreed to.

Committee to prepare Heads for a Conference on the Ordinance for Martial Law.

Ordered, That the Earl of Stamford, the Lord Willoughby, and the Lord Robertes, are to prepare Reasons, to offer to the House of Commons at the next Conference, why they do not agree with the House of Commons in some of the Alterations in the Ordinance for Martial Law.

Ordinances for Concurrence.

The Ordinance for Three Thousand Pounds for poor Women, was read, and Agreed to. (Here enter it.)

Ordered, That the Ordinance for regulating the University of Cambridge shall be printed and published.

The Ordinance for One Thousand Pounds for Colonel Mitton, was read, and Agreed to. (Here enter it.)

An Ordinance for taxing Six Hundred Pounds Weekly upon the County of Hereford, for Maintenance of the Forces of that County, for Nine Months, was read, and Agreed to. (Here enter it.)

An Ordinance for Fifteen Thousand Pounds, for the Scotts Army, was read, and Agreed to. (Here enter it.)

An Ordinance for Colonel Sanderson's Regiment to have Two Thousand Five Hundred Pounds, was read, and Agreed to. (Here enter it.)

Captain Fienes's Petition.

Upon reading the Petition of Captain Edward Finnes: It is Ordered, That it be recommended to the House of Commons.

Garrison to be removed from Tattershall Castle.

The Earl of Lyncolne acquainted this House, "That he had received a Letter from the Earl of Rutland and the rest of the Commissioners about Newarke; signifying, That, now Belvoir Castle is reduced, they are of Opinion, that there is no Use of the Garrison at Tattershall."

Hereupon this House Ordered, That the Garrison at Tattersham shall be removed; and the Committee to dispose of the Governor and the said Forces in the Garrison as they shall think fit for the Public Good.

Message to the H. C. about the Countess of Peterborough's Timber at Ryegate being cut by L. Mounson's Order.

A Message was sent to the House of Commons, by Serjeant Ayliff, &c.

To desire that, at the next Conference, their Lordships may communicate to them something concerning the Countess of Peterborough, and the Lord Mounson a Member of their House.

Montreul, French Agent for Scotland, desires a Pass to the King.

A Paper was presented to the House, from Sabran and Montreul, to give their Lordships Thanks for their late Favour towards (fn. 1) them, and desire that Montreul may have a Pass, to go into Scotland; and having received Letters from the French King and Queen Regent to the King, he desires a Pass, to go to the King, to deliver to Him those Letters.

Ordered, That this Business be taken into Consideration on Tuesday next.

Ward, for staying the French Courier at Rochester.

Phillip Ward was called in, to give an Account by what Authority he staid the Courier with his Letters at Rochester.

And it is Ordered, That he set down the Matter of Fact in Writing, and present the same to this House on Monday next.

The Earl of Warwicke reported from the Committee for the Admiralty a Paper, which was read:

Ordinance for Martial Law at Sea.

Ordered, That the Earl of Warwicke be desired to move the House of Peers, by Message to the House of Commons, to quicken the passing of the Ordinance for Martial Law by Sea; there being many Prisoners that have been taken at Sea, which do burthen those Parts where they be imprisoned; and much Insolency at Sea being encouraged by their remaining unpunished for their Piratical Practices."

Ordered, To send to the House of Commons, by the next Message, concerning this Business.

E. of Exeter and the Master of the Court of Ward, about the Presentation to the Rectory of Barnack.

It was moved, "That Sir Nathaniell Brent might give Institution and Induction to John Ludlow, to the Rectory of Barnacke, in the County of North'ton; it being in the Gift of John Earl of Exon."

Upon this, the Lord Viscount Say & Seale claimed his Right, as Master of the Court of Wards and Liveries, to present to this Living; the Earl of Exon being a Ward.

Hereupon it is Ordered, That the Earl of Exon shall be heard on Wednesday next, concerning this Motion.

Answer to the H. C.

Doctor Aylett and Doctor Heath returned this Answer to the Message sent to the House of Commons:

That to the Petition of the Lord Buckhurst, and the Petition of the Lady Drake, and to the adding of the Six Lords to be added to the Committee for Sequestrations, they will send an Answer by Messengers of their own.

To the Proviso in the Ordinance for Martial Law for Newport Pagnell, &c. they do agree.

And they are to have the several Particulars to be communicated at the next Conference.

Heads for the Conference for Martial Law.

The Lord Roberts reported the Reasons to be given to the House of Commons, at the next Conference, concerning the Alterations in the Ordinance for Martial Law. And the House approved of them.

(Here enter them.)

Blaney's Petition for Arrears.

The Petition of Captain Edward Blaney, was read; desiring some Part of his Arrears to be paid him: It is Ordered, To be recommended to the House of Commons.

The House was adjourned during Pleasure, and the Lords went to give a Conference to the House of Commons; which being ended, the House was resumed.

Report of the Conference about the Propositions.

And the Speaker reported the Effect of this Conference; which was, "That whereas their Lordships sent them those Propositions, which were to be presently sent to the King, with some Alterations and Additions; the House of Commons having taken them into Consideration, they do adhere to the 5th Proposition as it was brought from them, and do not concur in the Alteration made by this House: Likewise they do not agree in the Saving added to the 21th Proposition, because they hold it not lawful to have any Chief Office of Trust to go by Way of Inheritance.

"As concerning the 15th Proposition; the House of Commons have not yet taken it into Consideration, but will in convenient Time.

"To all the rest of the Alterations, the House of Commons agrees. And they desire that such as are agreed to may be communicated to the Scotts Commissioners."

L. Say & Seale's Claim to the Wardenship of the Cinque Ports.

Ordered, That this House gives Leave to the Lord Viscount Say & Seale, to make it appear to the Committee of the House of Commons, what Claim and Title he hath to the Place of Warden of the Cinque Ports and Constableship of Dover Castle.

Order for 3000 l. for poor Widows of Officers, &c. belonging to the E. of Essex's and Sir W. Waller's Artillery.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, that Three Thousand Pounds, with Interest, whereof Two Thousand Pounds for Payment of the Poor Women, being the Wives and Widows of the Persons employed in the Train of Artillery belonging to the Earl of Essex and Sir William Waller, and of Waggoners, and One Thousand Pounds for Officers Widows, shall be paid, out of such Intervals of Receipts on the Excise, 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 all due, or, in Default thereof, then as the same shall follow in Course; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Three Thousand Pounds and Interest unto the Committee of Accompts (to be by them paid, upon Accompt, for the Use aforesaid), or to such other Person or Persons as shall, by Order of that Committee, or any Five of them, be nominated or appointed to receive the same, or any Part thereof; and the Receipt or Receipts of such Person or Persons so appointed, or to be appointed, or nominated, as aforesaid, their Executors, Administrators, or Assigns, shall be the Commissioners of Excise their sufficient Warrant and Discharge for Payment of the said Three Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly: And it is further Ordained, That the Interest for the Sum aforesaid, and every Part thereof, shall be paid at the End of every Six Months, until the said Three Thousand Pounds and Interest, and every Part and Parcel thereof, shall be fully satisfied."

Order for 1000 l. for Colonel Mitton's Regiment.

"Be it Ordained, by the Lords and Commons in this present Parliament assembled, That the Sum of One Thousand Pounds shall be paid, out of the Receipts of the Excise or new Impost arising upon the Ordinance of the 11th of September, 1643, towards the Payment of Colonel Mitton's Regiment; which said Sum of One Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Centum per Annum, for so long Time as it shall remain unpaid, the Commissioners of Excise for the Time being are hereby authorized to pay unto Sir Thomas Middleton, One of the Members of the House of Commons, or to his Assigns, out of such Intervals of Receipts as shall happen when other Payments already assigned shall not fall due, or, for Want of such Intervals, then as the same shall follow in its due Course and Order; and the Receipt or Receipts of the said Sir Thomas Middleton, or of his Assigns, shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, their Heirs, Executors, and Administrators, for Payment of the said One Thousand Pounds, with Interest, in Manner and Form aforesaid."

Order for raising 600 l. Weekly. in Herefordshire, for the Forces there.

"Be it Ordained, and it is Ordained, by the Lords and Commons assembled in Parliament, That the Committees of Gloucester, Hereford, Monmouth, Glamorgan, Brecknock, and Radnor, nominated in several Ordinances of Parliament, or any Four or more of them, shall have, and hereby hath, full Power and Authority to rate and tax, upon the County of Hereford, Six Hundred Pounds per Week, to be Weekly paid, for the Space (fn. 2) of Nine Months next ensuing, from the 18th Day of December last past, unless the Two Houses of Parliament shall make any other Order concerning the same; to be rated, taxed, levied, and collected, in such Sort, Manner, and Form, as is prescribed in the former Ordinances of Weekly Assessments, and to be employed by the Committee residing in the said County of Hereford, for and towards the Maintenance of the Forces in the Garrisons of the said County, or of or belonging thereunto."

Order for 15000 l. for the Scots Army before Newark.

"Ordered, by the Lords and Commons in Parliament, That Fifteen Thousand Pounds, Part of the One and Thirty Thousand Pounds per Mensem appointed for the Pay of the Scotts Army, shall be Monthly paid to the Scotts Forces before Newarke; and that this Fifteen Thousand Pounds per Mensem shall not be extended to the Pay of any supernumerary Horse; but that the Horse be reduced to the Number expressed in the Treaty, according to the Votes of both Houses; and that the Soldiers, upon the Receipt of this Allowance, do constantly pay and discharge their Billet."

Order for 2500 l. for Colonel Sanderson's Regiment.

"Whereas, by Ordinance of the Sixth of August last, Five Thousand Pounds were charged in Course, upon the Receipts of Excise, settled by Ordinance of the 11th of September, 1643, for and towards the Reducing of Oxford, and Preservation of the Garrison of Abingdon: Be it Ordained, by the Lords and Commons assembled in Parliament, That Two Thousand Five Hundred Pounds thereof shall be paid, either by Intervals when other Ordinances become not payable, or otherwise in Course of the said Ordinance of the Sixth of August last (which shall first happen), for the Service of Colonel Sanderson's Regiment of Reformadoes, Captain Dainton's and Captain Hanson's Troops; which said Sum of Two Thousand Five Hundred Pounds the Commissioners of Excise for the Time being are hereby authorized to pay accordingly, unto such Person or Persons as shall be appointed by the Committee of the Three Counties of Oxon, Berks, and Bucks, for the Use aforesaid, whose Receipt shall be their and every of their sufficient Discharge in that Behalf; and this Ordinance shall be likewise Security unto such Person or Persons as shall advance and lend the said Two Thousand Five Hundred Pounds, or any Part thereof, for the Reimbursement by Intervals or Course as aforesaid, together with Interest, after the Rate of Eight Pounds per Centum, for so long Time as they shall be out of all or any Part thereof; for Payment of which Principal and Interest unto the Advancers and Lenders thereof respectively, this Ordinance shall be likewise a sufficient Warrant, together with the Receipt of every of them, unto the Commissioners of Excise, and every of them."

Heads for the Conference concerning the Ordinance for Martial Law.

"To the Amendment, 5 Fol. 18 Line; the Lords think it not fit that Peers of this Realm, or the Judges, should, upon Warrants of Commissioners for Martial Law, be summoned to appear; nor that the Privilege of Parliament should in that Case be waved.

"In the 7th Folio, 9 Line, Those Words seems so obscure, as the Effect of the Ordinance is made doubtful; wherefore, it being needful in such Ordinances as these all Things should be clear, my Lords think fit to lay it aside.

"In the 7th Folio, my Lords do not agree to the Amendment; it intrenching against the most inherent Privilege of the Peers of this Realm, not only in, but out of Parliament, who in Causes Capital are invested by the fundamental Laws of this Kingdom with that Right of Trial by Peers: And therefore they have commanded me to let you know their Resolution in this Particular in the ancient Style, Nolimus Leges Angliæ mutari.

"To the Amendment in the 7th, they do not agree, but adhere; which they think necessary, that in all Cases Martial there should be a Power to pardon; and putting it in both Houses they think it is in safe Hands; which were ineffectual, were there not such a competent Time left for Information of the Houses, and for sending and conferring together, as in such Cases may be requisite."

Adjourn.

House adjourned till 10, Monday Morning next.