Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 30 die Novembris.
L. Viscount Say & Seale.
Comes Essex, Lord General.
Serjeant Finch's Absence excused.
Committees to meet, and consider how the French Ambassador may offer Propositions to the Two Houses.
The Earl of Northumb. reported to this House, "That the Prince De Harcourt hath visited his Lordship; and by Discourse it appears that he is satisfied with the Answer returned him from both Houses; but he complains, that he knows not how to present any Proposition to the Houses of Parliament in such a Way as is fit for him to do, in regard of the Declaration of both Houses lately, he being come for the Good of the Kingdom:" Hereupon this House thought it fit to have a Conference with the House of Commons, to desire that Committees of both Houses may be appointed to meet, and consider of some Expedient how Prince Harcourt may make his Addresses to this House, with such Propositions as he shall offer from the Crown of France; and to report the same to this House.
Message to the H. C. for a Conference about it.
Sea Officers Petition for Pay when not in actual Service in the Fleet.
Upon reading the Petition of Colonel Wm. Davies, Captain Ric'd Owen late Rear Admiral, John Bowen, Wm. Somaster, John Stanisby, and Ric'd Blyth, Captains under the Right Honourable the Earl of Warwicke; shewing, " That, in their several Commands at Sea, (fn. 1) they have faithfully performed their Duties, having Allowance according to the Rates of their Ships during their being at Sea; yet are bound (uncapable of other Employments) continually to attend the Service of the State at Land, in the Cessation of the Sea Service, without any Allowance; that most Officers (unless Captains) have in the King's Ships continued Pay, as well out as in Employment, whereby, and by reason of their unavoidable Charge at Sea, which their Pay will hardly necessarily defray, but by incurring Debts and Inconveniences: (fn. 2)
"For the better Animation and enabling them to do the State Service, and to support themselves according to their Quality, which without some further Allowance, they are disabled (fn. 1) to perform;
"They humbly (fn. 3) pray, that as Land Commanders receive Reformadoes Pay, so the Petitioners may be allowed some additional Exhibition for their Attendance at Land (if their Lordships shall so think fit they may be employed in Land Service), wherein some of them have had former Command, rather than appear unnecessary Members, that can contribute nothing to the Benefit of the general Good; and that, being granted to the Petitioners, will not charge the State above Six Hundred Pounds a Year, or thereabout."
Answer from the H. C.
Clotworthies and Middleton.
Message to the H. C. with the Petition of the Sea Captains, and about the Earl of Nottingham's.
To put them in Mind of the Petition of the Earl of Nottingham formerly (fn. 4) sent down, and recommended to them from this House; also to recommend unto them the Petition of the Sea Captains.
Message from thence, with Ordinances;
and about bringing up the Great Seal.
Ordered, That the Commissioners shall be sworn (fn. 5) presently.
The Lords ready to receive the Great Seal.
Ordered, That the Gentleman Usher of the Black Rod shall go to the House of Commons, and let them know, that this House is ready to receive the Great Seal, and swear the Commissioners, if they will come up presently with their Speaker.
Scandalous Papers to be burnt, and the Authors to be punished.
The Lord General presented to this House a Paper, which was taken, with other Papers, about Sir Henry Anderson, at Lecyester; which Paper being a scandalous Paper, much to the Dishonour and Prejudice of his Excellency, being pretended Propositions for Accommodation with his own Conceit upon them, was kept secret, and private Particulars of it were divulged abroad, to the great Disparagement and Dishonour of his Excellency, and other Persons of Honour: Hereupon, this House thought fit to have a Conference, and propound unto them the passing of an Ordinance to this Effect, That all Papers scandalous to any Persons of Honour may either be burnt, or publicly put into a speedy Way of Examination, whereby the Person may be brought to condign Punishment if guilty, else not to be kept secretly to be made Use of to his Prejudice."
Message from the H. C. with an Ordinance.
Great Seal of England brought up by the Commons.
"That whereas the Great Seal of England was, by Order of the House of Commons, appointed to be kept in his Custody, without being made Use of until it was settled and disposed of by Authority of Ordinance of both Houses of Parliament; and it being settled by Ordinance and Authority of both Houses of Parliament, he (fn. 6) is commanded, by the House of Commons, to deliver the same to the Speaker of this House, that so the Commissioners may be sworn, and the Great Seal delivered to them in full Parliament."
Then the Speaker of this House went down from his Place to the Bar, and received the Great Seal from the Hands of the Speaker of the House of Commons, and brought it to his Place on the Woolsack; and then the Earl of Kent and the Earl of Bollingbrooke, Peers, Two of the Commissioners, came to the Clerk of the Parliament's Table; and the said Peers took their Oath, the Speaker of this House reading the Oath to them severally, as follows:
Oath taken by the Commissioners.
"Whereas, by Authority of Parliament, given you by Ordinance of both Houses of Parliament, you are made 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."
Next, the Four Commissioners, Members of the House of Commons, videlicet, Oliver St. Johns Esquire Solicitor to His Majesty, John Wylde Esquire Serjeant at Law, Samuell Browne Esquire, Edmund Prideaux Esquire, severally took the same Oath as the Two Peers Commissioners aforesaid did, the Clerk of the Parliaments reading it unto them.
The Seal delivered to them.
Answers from the H. C.
That (fn. 7) they will take the Petitions of the Earl of Nottingham and the Sea Captains into Consideration, and will return an Answer, by Messengers of their own.
Message to them, that the Lords agree to the Ordinance for fitting out a Fleet.
Message from thence, to fit To-morrow.
To let their Lordships know, that, in regard of some important Occasions, the House of Commons are Resolved to sit To-morrow; and they desire their Lordships would please to sit likewise, if it may stand with their Lordships Conveniency.
Sir Thomas Dawes's Counsel not to be heard.
Hertfordshire Regiment ordered into Newport Pagnel.
"That the Hertfordshire Regiment, lying near Luton, shall be forthwith sent into Newport Pannell, for the Defence and Safety of that Garrison, until the Garrison can be otherwise settled, according to the Ordinance; and that the said Regiment shall be paid by the associated Counties, according to the Ordinance for the settling the said Garrison; and that, if that Regiment shall not be sufficient, that then so many Forces out of Bedfordshire shall be sent into the said Garrison as shall be thought by my Lord General to be sufficient for the Safety of that Garrison."
Order for the Commissioners of Excise to re-pay themselves 2000l. advanced to Sir Wm. Waller.
"Whereas the Commissioners of Excise in London have, upon Ordinance of Parliament, dated the 27th present, advanced Two Thousand Pounds of the Five Thousand Pounds thereby assigned unto Sir William Waller out of the Excise, and received an Ordinance of both Houses of Parliament, dated the 28th present, for their Reimbursement; and whereas the said Commissioners are ready and willing to advance Two Thousand Pounds more, upon the said Ordinance of the 27th present: Be it hereby Ordained, by the Lords and Commons assembled in Parliament, That John Towes Esquire Alderman of the City of London, and the rest of the Commissioners of Excise, shall and may re-pay themselves out of such Monies as shall first come in upon the Receipt of Excise, over and above such Monies as by former Ordinances are assigned unto the Merchant Adventurers, or advanced by them the said Commissioners of Excise upon a former Ordinance or Ordinances, and to pay themselves after the Rate of Eight per Centum Interest, for so long Time as the said Commissioners shall be out of the same Sum of Two Thousand Pounds, or any Part thereof; and John Trenchard Esquire is hereby authorized to receive the said Two Thousand Pounds for the Use of Sir William Waller as aforesaid."