House of Lords Journal Volume 8: 20 March 1646

DIE Veneris, 20 die Martii.

PRAYERS, by Mr. Sallawey. Comes Manchester, Speaker.

Devenish's Petition.

Upon reading the Petition of Tho. Devenish, Keeper of Winchester House: (Here enter it.) It is Ordered, That the Consideration of the Things desired be referred to the Two next Justices of the Peace, to do therein as they shall think fit.

Message from the H.C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Walter Erle Knight:

To desire Concurrence in the Ordinance for Twelve Thousand Pounds to be paid, out of the Excise, for furnishing of Ammunition and (fn. 1) Powder for the State.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Ordinance now brought up.

Message from thence, that they may see the Commissioners of the Great Seal sworn.

A Message was brought from the House of Commons, by Sir Henry Vane Senior, Knight:

To desire that the House of Commons may come to this Bar, to see the Great Seal delivered to the Commissioners of the Great Seal of England, and to see them sworn.

The Answer returned was:

Answer.

That this House agrees that the House of Commons come to this Bar, to see the Commissioners have the Great Seal delivered to them, and see them sworn.

Letter to the Prince, to invite him into the Parliament Quarters.

The Earl of Northumb. reported from the Committee, the Draught of a Letter to be sent to the Prince; which being read, was Agreed to, and sent to the House of Commons, by Sir Edward Leech and Mr. Page, to desire their Concurrence therein; and that the same may be sent to Sir Tho. Fairefax, to be sent to the Prince wheresoever he is in the King's Dominions.

Propositions to the King, for a Peace.

The House took into Consideration the Matter of the late Conference with the House of Commons, concerning the Propositions.

And this House adhered to their former Resolution for adding Ric'd Lane Esquire, now called Sir Richard Lane, to the First Exception to the Fifteenth Proposition.

Resolved, upon the Question, That this House adheres to their former Resolutions, to leave out the Earl of Derby out of the First Exception in the Fifteenth Proposition.

Resolved, upon the Question, That this House adheres to their former Resolutions, for leaving out the Lord Pawlett out of the First Exception in the Fifteenth Proposition.

Resolved, upon the Question, That this House adheres to their former Resolutions, for leaving out Sir John Byron out of the First Exception in the Fifteenth Proposition.

Resolved, upon the Question, That this House adheres to their former Resolutions, for leaving out John Bodvill Esquire, out of the First Exception in the Fifteenth Proposition.

Resolved, upon the Question, That this House doth not adhere to their former Resolutions, to leave out the Lord Brudnell out of the First Exception from being particularly named.

Resolved, upon the Question, That this House doth not adhere to their former Resolutions, to leave out Sir Charles Howard out of the First Exception from being particularly named.

Resolved, upon the Question, That this House doth not adhere to their former Resolutions, to leave out Wm. Shelden of Beely out of the First Exception from being particularly named.

Next, the House was adjourned into a Committee during Pleasure, to consider of the Alterations brought up at the late Conference with the House of Commons, in the Vote sent to the House of Commons, concerning the Militia of London.

And the House being resumed;

The Question being put, "Whether this House adheres to their Vote as it was sent down to the House of Commons, concerning the Militia of London?"

And it was Resolved in the Affirmative.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Mr. Maynard:

To desire Concurrence in an Ordinance for Twenty Thousand Pounds to be charged upon the Excise, for Payment of the Forces under the Command of Colonel Massey, in the West. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Steward and Sir R. Meredith.

Upon the Request of Mr. Henry Steward: It is Ordered, That Execution of the Sentence against Sir Rob't Meredith shall be respited, until the Pleasure of this House be further signified.

H.C. to be acquainted, that the Commissioners are ready to be sworn.

The Gentleman Usher of the Black (fn. 2) Rod was commanded by the House to let the House of Commons know, that this House is ready to swear the Commissioners of the Great Seal of England, and to deliver the said Seal to them, if they will come up.

Ordinance for 10,000£. for the Forces in N. Wales.

Next, the Ordinance for Ten Thousand Pounds, for the Forces in North Wales, was read, and Agreed to.

(Here enter it.)

Ordinance for 6000£. for Forces.

The Ordinance for Six Thousand Pounds, for the Forces that are to follow Sir Jacob Ashleye's Forces, was read, and Agreed to, with a small Alteration.

Message to the H. C. with it; and for Sir R. Willys and Mr. Villiers to have a Pass.

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

To deliver to them the Ordinance for the Six Thousand Pounds, with the Alteration, wherein their Concurrence is desired.

2. To communicate to them the Letter of Mr. Edw. Villiers; and desire their Concurrence, that a Pass may be granted to him and Sir Ric'd Willys, to go beyond the Seas; they having disengaged themselves from the King's Service against the Parliament, promising never to bear Arms more against the Parliament.

Recorder Glynn's Ordinance.

The Ordinance for making Mr. Recorder Prothonotary and Clerk of the Crown for Denbigh, &c. was read, and Agreed to. (Here enter it.)

Commissioners of the Great Seal sworn.

This Day the House of Commons came up, with their Speaker, to see the Commissioners of the Great Seal of England sworn, and the Seal delivered to them.

The Seal lay upon the Woolsack, where the Speaker sat.

Then the Earl of Kent and the Earl of Bolingbrooke came and stood at the Table of the Clerk of the Parliaments; and these Oaths were given them:

3. The Oath for the due Execution of their Place; which the Speaker of this House read unto them, in hæc verba; videlicet,

"Whereas, by Authority of Parliament given you by Ordinance of both Houses of Parliament, you are a Commissioner of the Great Seal of England; you shall swear, that well and truly, according to your Skill and Knowledge, you will perform your Duty in the Execution of the Office."

This being done, the Oath in the Act of Parliament, 16° Car'l. for the Triennial Parliament, was read to them by the Clerk of the Crown.

After this, the Clerk of the Parliament went to the Bar, and administered the Oath of Supremacy, Oath of Allegiance, and the Oath for executing their Office, to Oliver St. Johns, John Wylde, Samuell Browne, and Edmond Prideaux, the rest of the Commissioners, Members of the House of Commons.

And then the Clerk of the Crown gave them the Oath appointed to be taken by the Act for the Triennial Parliaments.

This being done; the Speaker of this House brought the Great Seal down to the Bar, and delivered it to all the Six Commissioners together.

Which being done; the Speaker with the House of Commons went to their House.

Order for 12,000£. for furnishing the Public Stores with Powder, &c.

"Whereas there hath lately been issued out of the Public Stores great Quantities of Powder for the several Services, like Proportions whereof are necessary to be forthwith provided and supplied into the Stores, for the Safety and Service of the State: For effecting whereof, it is hereby Ordained, by the Lords and Commons assembled in Parliament, That the Receipts of the Grand Excise shall be charged, and are hereby chargeable, with the Payment of Twelve Thousand Pounds, after the Monies already charged on the Excise are satisfied, as the same shall follow in Course; which said Twelve Thousand Pounds the Commissioners of Excise shall pay as shall be appointed by the Committee settled to contract for Powder, Match, and Bullet, for Land and Sea Stores, whose Order from Time to Time shall be their sufficient Discharge."

Order for 20,000£. for the Forces under Major General Massey.

"Whereas it is thought fit that Six Weeks Pay be made to Colonel Massey, Commander in Chief of all the Forces of the Western Association, and to the Forces under his Command; and whereas the Committee of Lords and Commons for the Western Association have reported, that Twenty Thousand Pounds (as they conceive) (fn. 3) is a fit Proportion for that Service Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Twenty Thousand Pounds for the Pay of said Forces, together with Interest after the Rate of Eight Pounds per Centum for the same, and at the End of every Six Months until full Payment thereof be made, shall be paid in Course, out of the Receipts of the Grand Excise, unto such Person or Persons, their Executors, Administrators, and Assigns, who shall lend or advance any Sum or Sums of Money for the Use aforesaid, they paying in the Money by them so advanced or lent to Nathan Wright and Francis Lenthall, appointed Treasurers to receive and disburse the same; which said Nathan Wright and Francis Lenthall shall disburse the same Monies so lent, by Warrant of the Committee of the West, whose Warrant for disbursing of the same shall be a sufficient Discharge to the said Nathan Wright and Francis Lenthall, their Executors and Assigns: And it is Ordained, That the Acquittance or Note of Receipt of the said Nathan Wright and Francis Lenthall to the Person or Persons so lending or advancing any Sum of Money; the Loan or Advance of the said Monies entered with the Commissioners and Comptroller of Excise for the Time being, within Six Days after the Date of the said Notes, shall be a sufficient Warrant to the said Person or Persons lending the said Monies, their Executors and Assigns, to demand the said Monies so lent or advanced, with Interest after the Rate aforesaid, from the Commissioners of Excise for the Time being: And it is Ordained, That any Person or Persons who shall advance any Sum of Money by Way of Loan upon this Ordinance, or to whom any shall be assigned, his and their Executors and Assigns, shall have Power to assign the Money to them due, or any Part thereof; and such Assignee, his Executors or Assigns, shall be thereby intitled and enabled to demand, receive, and give Discharge for, so much as is to him or them assigned; and the Commissioners of Excise shall make Payment thereof accordingly: Provided, That such Assignment be made in Writing, and Entry thereof made with the Commissioners and Comptroller of the Excise for the Time being, who shall, at the Request of any Person or Persons, make such Entry; and before such Entry made, such Assignment to be of no Force."

Order for 10,000£. for the Forces of N. Wales.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Ten Thousand Pounds, with Interest after the Rate of Eight Pounds per Centum, for the Service of the Forces designed for North Wales, under the Command of Colonel Mitton, be paid in Course, out of the Receipts of the Excise, to come in upon the Ordinance of the Eleventh of September, 1643, unto Mr. Walter Frost Secretary to the Committee of both Kingdoms, his Assignee or Assigns, whose Receipt or Receipts shall be a sufficient Warrant and Discharge unto the Commissioners of Excise, and every of them, in that Behalf, for the Payment of the said Ten Thousand Pounds, and Interest, and every Part and Parcel thereof accordingly; and the said Ten Thousand Pounds is to be issued forth and disposed of, for the Service aforesaid, by the Order and Direction of the Committee of both Kingdoms."

Order for Mr. Recorder Glynn to be Prothonotary and Clerk of the Crown for the Counties of Denbigh, &c.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Places of Prothonotary and Clerk of the Crown of the Counties of Denbigh, Flint, and Mountgomery, forfeited and become void by the Delinquency of Kenrick Eaton, be conferred and bestowed upon John Glyn Esquire, Recorder of the City of London, to have and to hold for his Life, and to receive the Profits and Advantages thereof in as full and ample Manner as the said Kenrick Eaton, or any other, heretofore did, or might, or ought to have done, or receive the same; and that Oliver St. John Esquire, His Majesty's Solicitor General, do prepare a Bill to pass the Great Seal, containing a Grant unto the said John Glynn, for his Life, of the said Offices or Places, with all Fees, Profits, and Emoluments thereunto belonging; which Grant, so prepared, the Commissioners for the Great Seal of England for the Time being are to pass in usual Form, * under the said Great Seal, accordingly."

Devenish, Keeper of Winchester House Prison, Petition that he may have Leave to release the Prisoners for small Crimes, consined in his Prison, on Security being given to send them to Barbadoes.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of Thomas Devenish, Keeper of Winchester House Prison;

"Sheweth,

"That there are several Prisoners committed to him by the Justices of Pence of Surrey, most of them being for petty Misdemeanors (who have lain in his Custody a long Time), at his great Charge, he having had no Allowance at all for them since the Time of their Commitment.

"For the Easemento your Petitioner's future Charge; and forasmuch as Captain William Fortescue (a Gentleman of Quality) offers to give good Security to transport to Barbadoes as many of them as the Justices of Peace in the said County shall think fit to permit, so that this Kingdom shall be troubled with them no more, most of them being able young Men, and fit to do that Country Service, who (if they be detained in Prison till the next Quarter Sessions) will be discharged in Course, their Crimes being but for petty Things as aforesaid, whereby the Country on their Release will be in Danger of greater Mischief done by them.

He therefore most humbly beseecheth your Lordships, as well for the easing of the Charge in their Keeping, as for the Kingdom's Good and Safety in their Removal from hence, who else might prove dangerous if any sudden Accident should happen (which God forbid), to be pleased to recommend it to any Two Justices of Peace of the said County, to examine the Premises, and, finding them to be true, to give Order for their present Releasement, upon Security to be taken for their Transportation to The Barbadoes Islands, for the Services aforesaid.

"And your Petitioner shall pray, &c.

"Tho. Devenish."