House of Lords Journal Volume 6: 15 February 1644

DIE Jovis, 15 die Februarii.

PRAYERS, by Mr. Wilkinson.

Lords present this Day:

Ds. Grey de Warke, Speaker this Day.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Sir Gi'b't Gherra'd, and others;

1. To desire Concurrence in these Orders:

1. Concerning the Payment of One Thousand Pounds to the Lord General's Army.

(Here enter it.)

Agreed to.

2. Concerning the Payment of Mr. Pym's Debts.

(Here enter it.)

Agreed to.

2. To desire Expedition to the Ordinance concerning Midd.

Order for 1000 l. to the Lord General's Army.

"It is this Day Ordered by the Lords and Commons in Parliament assembled, That the Commissioners of the Excise do forthwith pay unto the Treasurer at Wars the Sum of One Thousand Pounds, to pay Part of the Fortnight's Arrear remaining upon the last Payment of the Army under the immediate Command of the Lord General."

Mr. Pym's Debts.

"This House doth undertake to pay the Debts of John Pym Esquire, not exceeding Ten Thousand Pounds."

The Answer returned was:

Answer to the H. C.

That this House agrees to the Orders now brought up; and concerning the Ordinance concerning Midd. this House will take it presently into Consideration.

Ordinance concerning the Committees of both Kingdoms.

The Lord General reported from the Committee, "That they are desirous that the House may go unanimously in this Business; (fn. 1) and think that (fn. 1) the Reasons (fn. 1) that have already passed between both (fn. 2) Houses, concerning the Alterations in the Ordinance concerning the joining of the Counsels of both Kingdoms, [ (fn. 1) are sufficient] and therefore more Reasons will but prolong Time; therefore his Lordship, to the Intent that Things may be done with the Preservation of Unity and Peace between both Houses, offered the Draught of a new Ordinance, being the same as the other, only the Time of Continuance changed from Three Months to Six Weeks; but, he said, the Committee were ready with their Reasons, if the House would command them:" Which Ordinance was read Twice, and it was moved it might be read again; and it was debated, "Whether this Ordinance or the former should be first read?"

And it was Resolved, upon the Question, That this Ordinance now brought in shall be first read.

And then it was committed to a Committee of the whole House.

The House was adjourned into a Committee during Pleasure, to debate the said Ordinance.

The House was resumed.

And the said Ordinance was read the Third Time.

And it was Resolved, upon the Question, This House passes this Ordinance.

Message to the H. C. to sit a white; and with the Ordinance for taking the Accounts of the Kingdom.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Aylett:

To let them know, that this House is upon Debate of a Business of great Consequence, which they (fn. 3) intend to communicate to them; therefore to desire they would sit until they hear from this House.

2. To carry down the Ordinance for Accompts, with the Alterations made by this House; and to desire their Concurrence therein.

Ordinance concerning the Committees of both Kingdoms, sent to the H. C.

A Message was sent to the House of Commons, by Serjeant Whitfeild and One of the former Messengers:

To deliver to them the Ordinance now passed, and to desire their Concurrence therein.

Writ of Outlawry against the E. of Middlesex, sent to the Great Seal.

The Earl of Kent, One of the Commissioners of the Great Seal, acquainted this House, "That there came a Writ of Utlary against the Earl of Midd. which the Commissioners stayed until this House had given Directions therein, whether he should be allowed the Privilege of Parliament, in regard he is disabled by the Judgement of Parliament to fit in this House as a Peer."

And this House declared, "That, he being disabled by Judgement of Parliament from sitting in Parliament, the Privilege is taken away, it being allowed in regard of his sitting in Parliament, that so he should not be distracted from that Duty."

Therefore the House thought it fit that the Earl of Kent should let the Earl of Midd. know, that his best Way is to give Satisfaction to the Parties that are concerned in it.

Report from the Committee about his Assessment.

The Lord Viscount Say & Seale reported, "That the Committee have heard what he can say concerning his Assessment of One Thousand Pounds for the Twentieth Part; and his Lordship offers these Considerations to the House, why he is not able to pay it:

"That your Lordships have assessed him at One Thousand Pounds for the Twentieth Part of his Estate, and Ordered upon his former Petition that he should be first heard before any further Proceedings.

"He humbly sheweth, that, by the Ordinance of both Houses of Parliament for the Twentieth Part, it is directed to be limited and assessed upon able Men, according to the true Value of every Man's Personal Estate, and not above the Twentieth Part.

"And the Fifth Part, to the Yearly Revenue of the Land, and not above.

"He truly affirmeth, that his just Debts are greater than his Personal Estate.

"That he hath sold and spent all his Plate (except some Pieces of little Value), to defray the ordinary and necessary Expences of his Family.

"That most of his Revenue of late (which he acknowledgeth to be of considerable Value) lies betwixt the Two Armies, which produceth such miserable Effects to him, that his Officers lately wrote him, they cannot receive sufficient Monies to satisfy the Taxes imposed by both Armies, to keep the Cattle upon his Land from driving.

"That his own and his Tenants Stocks of Corn and Cattle, and other Goods, are daily diminished, destroyed, and made unprofitable both to him and them; which Spoils do so dishearten and disable his Tenants, that many of them forsake their Tenancies of great Value), whereby he is not only deprived of his Rents for the present, but, by the Hazard of these Times, subjected to the Danger of the Loss of his Stock and Goods every Day, considering how unfortunately his Lands lie between Two Armies.

"That, over and above the Losses which lie upon his Estate and Revenue in those Parts, the Parliament Forces for Coventry and Warwick do forcibly levy upon his Lands Twenty and Eighty Pounds at a Time, and carry away his Cattle; and the other Army do the like.

"That the Residue of his Land lying within the Circuit of the Parliament, though before these Times they were worth about Nine Hundred Pounds per Annum, he doth not now receive much more of them than One Hundred Pounds per Annum, nor any other Benefit than the Use of a little Park wherein his now Dwelling-house stands.

"That he is ready to avow all this upon Oath; and, upon the Truth of it, appeals to their Lordships favourable Consideration of him, and the miserable Condition of his present Estate; professing, as he hath hitherto obeyed their Commands, he shall continue to do so in all Things that shall be in his Power.

"Middlesex."

His Assessment reduced.

Hereupon, for the aforesaid Reasons, this House Ordered, That the Thousand Pounds formerly assessed upon the Earl of Midd. by this House, for his Twentieth Part, shall be reduced to Six Hundred Pounds; and that the House of Commons have these Reasons sent them, to see upon what Grounds this House abated the former Assessment.

No Business to be moved after 12 o'Clock.

Ordered, That if any Peer move any Business in this House after the Clock of this House hath struck Twelve, he is to forfeit Twenty Shillings to the Use of the Poor.

Adjourn.

House adjourned till 9^a cras.