House of Lords Journal Volume 8: 14 April 1646

DIE Martis, 14 die Aprilis.

PRAYERS, by Mr. Stirry.

Comes Manchester, Speaker.

Rutter and Jones.

The Earl of Warwicke reported, "That the Committee have considered of the Business between Rutter and Jones; and they find that there was Fraud in Rutter's conveying away Finsham, that so the Bail of Finsham may be liable to the Debt: Hereupon the Committee are of Opinion, That, in regard of the Fraud, all Proceedings against Jones and the other Bail shall be staid, until the further Pleasure of this House be signified."

Sir C. Hatton, a Pass.

Ordered, That Sir Christopher Hatton, with Six Servants, shall have a Pass, to go from Oxford, and ship himself at any Port, to go for The Low Countries.

Ingle and Ford versus Cornwallis.

This Day being appointed for the Hearing of the Cause between Ingle and Cornwallis; at the Desire of the Plaintiff Ingle, it is Ordered, That the Cause shall be put off until this Day Fortnight, at which Time Parties on both Sides, with their Counsel, shall attend; and then the Witnesses of Mary Ford shall be heard against Cornwallis: And because the Cause was put off from Hearing this Day, Cornwallis being ready with his Counsel, this House will give the Defendant Damages accordingly, if it shall be thought fit at the Hearing.

Letter from the Committee before Newark.

A Letter from the Lord Mountague was read, giving an Account of the Army before Newarke.

Scots Commissioners desire Ammunition for their Army.

Next, a Paper from the Scotts Commissioners was read; desiring, "That the Scotch Army might be furnished with Two Hundred Barrels of Powder, a proportionable Quantity of Match and Ball, with Two Hundred Three-pound Ball, and Two Hundred Hand Granadoes with their Squibs."

Ordered, That this be sent to the House of Commons.

Message from the H. C. with Ordinances.

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

To desire Concurrence in these Particulars:

1. An Ordinance to pay to the Earl of Denbigh Fifteen Hundred Pounds out of the Excise.

(Here enter it.)

Read, and Agreed to.

2. An Ordinance for disposing of Mr. Henlie's Fine.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to both the Particulars now brought up.

Message from the H. C. for a Conference about Scotch Papers.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight:

To desire a Conference with their Lordships, when and where their Lordships shall appoint, concerning some Scotts Papers.

Ordered, To give the House of Commons a present Conference, in the Painted Chamber.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber.

Adjourn.

The Lords went to the Conference; and the House was adjourned till 10^a cras.

Order for 1500£. for the Earl of Denbigh, in Part of his Arrears.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Fifteen Hundred Pounds shall be paid in Course, out of the Receipts of the Excise and new Impost, by the Ordinance of the 11th of September, 1643, unto the Earl of Denbigh, in Part of the Sum of Five Thousand Five Hundred and Seventy-seven Pounds due unto the said Earl for his Arrears: And for the more speedy Payment thereof to the said Earl, be it further Ordained, That if any Person or Persons shall advance the said Sum of Fifteen Hundred Pounds, or any Part thereof, by Way of Loan, that every such Person, their Executors or Assigns, shall be paid and reimbursed the Sum or Sums which he or they shall so advance, out of the said Receipts of the Excise and new Impost, together with Interest, at the End of every Six Months, after the Rate of Eight Pounds per Centum for One Year, for so long Time as the same, or any Part thereof, shall be forborn; and that the said Sum or Sums to be advanced be paid to the said Earl of Denbigh, or his Assigns, whose Receipt or Receipts, testifying the Sum or Sums so advanced, together with the Receipt of the respective Advancers and Lenders thereof, their Executors or Assigns, shall be a sufficient Discharge unto the Commissioners of Excise for the Time being, for the Payment of the said Fifteen Hundred Pounds and Interest, and every Part and Parcel thereof, accordingly."

Order to clear Mr. Henly of his Delinquency on a Composition.

"Whereas Robert Henly Esquire hath compounded for his Delinquency, for adhering to the Enemies of the Parliament: It is Ordained, by the Lords and Commons assembled in Parliament, That the said Robert Henly paying, or procuring to be forthwith paid, to the Committee of Habberdash'rs Hall, the Sum of [ (fn. 1) Five Thousand Two Hundred] Pounds, whereof Three Thousand Pounds is to be for the Garrison of Abingdon, and Twelve Hundred Pounds for the Use of the maimed Soldiers, and One Thousand Pounds is for the Garrison of Bristoll, shall be, and is, freed from his said Delinquency, and Fifth and Twentieth Part, and the Sequestration of his Real and Personal Estate, which he or any other hath to his Use or in Trust for him; and the said Robert Henly is enabled to receive and take the Benefit of Eleven Parts of Twelve of the Profits of the King's Bench Office, of Chief Clerk, during the Life of Samuell Whightwick Esquire, and of the Covenants and Agreements between him and the said Samuell Whightwick touching the said Office; and the said Robert Henly shall secure to the said Committee at Habberdashers Hall the Sum of Three Thousand Eight Hundred Pounds, besides the Sums aforesaid, Eighteen Hundred Pounds thereof to be paid at the End of Michaelmas Term next, and Two Thousand Pounds at the End of Hillary Term following: And it is farther Ordained, That the Commissioners of the Great Seal shall pass a Pardon to the said Robert Henly, in usual Form, excepting the Grant and Restitution to him of his said Office; and Oliver St. John Esquire His Majesty's Solicitor General is to prepare the same accordingly: And it is Ordained, That One Thousand Pounds of the said Three Thousand Eight Hundred Pounds shall be disposed to the Garrison of Abingdon by the Committee of Habberdash'rs Hall, and by them paid to John Billingsly, or other Treasurer for that Garrison for the Time being; and other One Thousand Pounds thereof for the Garrison of Bristoll, to be paid to such Person or Persons for that End as the Committee of the West shall appoint; and the rest of the said Monies to be disposed for the Relief of the West, by the said Western Committee: And if any Person or Persons will advance the said Sums of One Thousand Pounds and One Thousand Pounds, or either of them, or any Part of them, to the said Committee at Habberdash'rs Hall, he, his Executors, Administrators, and Assigns, shall be re-paid the same, with Interest after the Rate of Eight per Centum, out of the First Monies to be paid in of the said Three Thousand Eight Hundred Pounds; and the said Committee are enjoined to see Payment made accordingly; and such Person or Persons, his Executors, Administrators, and Assigns, shall have all such Power and Advantage to receive and assign, as if he had advanced the same on the Ordinance of the 30th of March last, touching Four Thousand Pounds, Part of the said Robert Henlye's Fine: Provided, That this Ordinance shall not discharge the said Robert Henly from any further Composition, for any Lands, Tenements, Hereditaments, or Leases, not comprized in a Schedule delivered to the Committee of Lords and Commons sitting at Habberdash'rs Hall for Advance of Money."

Letter from the Committee before Newark, concerning the Siege of that Place.

"For the Right Honourable the Speaker of the House of Peers pro Tempore.

"Edw. Mountagu.

"My Lords,

"We are hastening our Approaches to the Town of Newarke on all Sides. Our Brethren have gained a Fort on the North Side, within less than Musket Shot; and we hope by the Middle of this next Week to finish a Fort and Battery on the other Side, within Musket Shot of Balderton Gate. We have made Trial of some of our Mortar-pieces, and doubt not ere long to do good Service with them, and give a good Account of Affairs in these Parts.

Lincolne, 11 April, 1646.

"Your Lordships humble Servant,

"Edw. Mountague."