House of Lords Journal Volume 6: 28 May 1644

DIE Martis, 28 die Maii.

PRAYERS, by Mr. Gibson.

Domini præsentes fuerunt:

Ds. Grey de Warke, Speaker.

Ordinances from the H. C. for Concurrence.

An Ordinance for settling the Excise of Kingston upon Hull for the Lord Fairefaix, was read Thrice, and Agreed to. (Here enter it.)

Next, an Ordinance for reimbursing Monies to Captain Wm. Edwards, was read Thrice, and Agreed to.

(Here enter it.)

Ordered, That this Ordinance shall be printed and published.

Another Ordinance was read Twice, to enable Mr. Solicitor General to do all Acts, in the Absence of Mr. Attorney General, as he ought to do.

And the House was adjourned into a Committee during Pleasure, to take the same into Consideration.

The House being resumed;

The said Ordinance was read the Third Time, and Agreed to. (Here enter it.)

Surrender of Cawood Castle.

The Earl of Northumb. reported from the Committee of both Kingdoms, One Letter they have received from the Lord General, and One Letter from Sir Wm. Waller, giving an Account of the Proceedings of the Armies, and of the surrendering of Cawood Castle, and the Fort upon the Mouth of the River of Ayre, to the Northern Forces.

Ordered, That, One of the Delinquents sent for by this House for cutting down the Earl of Thanett's Woods, shall be released of his Restraint.

L. Willoughby and Colonel King.

Next, this House heard the Cause between the Lord Willoughby and Colonel Kinge.

The Charge of the Lord Willoughby against Colonel Kinge was read.

Likewise Colonel King's Answer to the said Charge was read.

The Counsel of the Lord Willoughby having given in Evidence to the whole Charge; this House Ordered, That Colonel Kinge shall make his Defence to this Charge on Thursday Morning next.

Ordinance for the Excise of Hull to be paid to Lord Fairfax, for Support of the Garrison there.

Whereas, by Ordinance of both Houses of Parliament, dated the 9th of February last, the Receipts of the Excise in the Town and County of Kingstone upon Hull are assigned to be paid to the Right Honourable Ferdinando Lord Fairefax, for and towards the Payment of the Garrison at Hull, upon which Ordinance there hath been already paid, by the Sub-commissioners of the Excise there, unto Captain William Harrison, Treasurer for the Northern Army, the Sum of Eight Hundred Pounds, the 2d of April last: It is hereby Declared, by the Lords and Commons in Parliament assembled, That the said Receipt for the Eight Hundred Pounds aforesaid shall be a sufficient Discharge unto the Commissioners of Excise: And it is further Ordained, by the said Lords and Commons, That the Receipt or Receipts of the said Lord Fairefax, or of the Treasurer for the Northern Army, for the Use of the Garrison aforesaid, shall from Time to Time be a sufficient Discharge unto the said Commissioners of Excise, for so much Monies as shall be paid by their Sub-commissioners at Kingston upon Hull, as aforesaid, until both Houses shall take further Order, according to the said Ordinance (fn. 1) of the 7th of February last."

An Ordinance of the Lords and Commons in Parliament assembled, for reimbursing of Captain William Edwards the Monies to him due for the Service of the State, and for his better enabling to proceed on in the said Service.

Ordinance for reimbursing Monies to Capt. William Edwards of Chester.

Whereas Captain William Edwards, Alderman of Chester, a Captain of a Troop of Horse under the Command of Sir William Brereton, hath done good Service, and suffered much in his Estate for his Fidelity to the Parliament, as by sufficient Testimony appeareth: The Lords and Commons thereof taking Notice, and that there is in Arrear to him, his Officers and Troopers, the Sum of Three Thousand Forty-one Pounds, Four Shillings, and Six Pence; and that, unless the same be paid, or he some other Way competently provided for, he can neither recruit or maintain his Troop and Charge, or proceed to do more Service, which he is willing to do; do think fit that some Course should be held for his Encouragement and further Supply; and whereas some Citizens of London and others have Debts owing unto them by Delinquents, within the County of Chester, and the County of the City of Chester, and have also some Debts owing unto them by well-affected Persons in the said County and City, who were of sufficient Abilities, but are of late plundered and destroyed in their Estates, by the Commissioners of Array in the said County and City, for their Adherence and good Affection to the Public Cause of the Parliament and Kingdom, some of them having suffered long Imprisonment, and others fled for their Safety, with Loss of their Estates: Be it therefore, on the said Captain's Behalf, and for and towards his better Satisfaction, Ordered and Ordained, in case any such Creditors shall now advance, by Way of Loan, to the said Captain Edwards, for and towards the said Recruit and Satisfaction of his said Arrears, the Value of the Fifth Part of such Debts as are to them owing as aforesaid, the said Captain Edwards shall have, and hereby hath, full Power and Authority to receive the same, and to take the Subscriptions of such Citizens and others as will lend the said Fifth Part, and to give Notes or Acquittances for the same, indorsed on this Ordinance, or upon such true Copy thereof as shall be published in Print, and therein mentioning the Sums due unto them, and the Debtors Names, and Place of their Dwelling; and, in such Cases, it shall be lawful for Sir William Brereton Baronet, or, in his Absence, for the Committees of Sequestration, or any Three or more of the Deputy Lieutenants of the said County of Chester, or the County of the City of Chester, when the said City and Places respectively shall be reduced to Obedience to the Parliament, to set and let, by Lease or Leases, unto the said Creditors, so much of the Lands, Tenements, and Hereditaments, of Delinquents, which shall be seized and sequestered in the said County, and County of the City of Chester respectively (to wit, such as are already by Ordinance of Parliament ordered and disposed of, for Maintenance of the Forces under the Command of the Parliament, for reducing of those Parts to Obedience, and to be put in Execution by the said Sir William Brereton, whose express Assent is hereunto), as may serve not only to satisfy the said Fifth Part so contributed and lent, with Interest at Eight Pounds per Cent. for the same, but also the Residue of such their just Debts respectively, whereof (fn. 2) they shall make such Contribution as aforesaid; and the said Captain is to give Accompt to the said Sir William Brereton, or, in his Absence, to the Committees or Deputy Lieutenants, of the Sums (fn. 1) of what he shall receive by virtue of this Ordinance, so as the same may not exceed the Proportions intended and owing unto (fn. 3) the said Captain as aforesaid; and the said Sir William Brereton, and the said Committees and Deputy Lieutenants, are hereof to take Notice; and the said Captain Edwards is also to be accountable to the Lords and Commons, or such as they shall appoint, for what he shall execute, do, or receive, by virtue of the Premises.

Ordinance for Mr. Solicitor St. John to execute the Place of Attorney General.

Upon the humble Petition of the Officers and Clerks belonging to the Courts of Common Law now sitting at Westm. That the Course and Proceedings of the Common Law are now greatly obstructed by the Absence of the Attorney General, who, by his Place, is to attend the said Courts, to do several necessary Acts in divers Causes now depending, or hereafter to be commenced, betwixt His Majesty and Private Persons; as namely, for granting his Warrant to the Cursitors, to make Writs of Errors, for several (fn. 4) Outlawries in His Majesty's Court of King's Bench, for Persons outlawed for Offences of a small Nature, being the ancient Course of that Court, as also for exhibiting Informations for Offences of several Natures; and likewise Informations of Quo Warranto; and for his Warrants for Nisi Prius and Tales, amongst divers other necessary Acts; which may be done as well by the Solicitor General as by the Attorney General, and lately have been done by His Majesty's Solicitor General, in the Absence or Vacancy of the Attorney General: For Redress of the said Obstructions, it is this Day Declared and Ordained, by the Lords and Commons now assembled in Parliament, That Oliver St. John Esquire, His Majesty's now Solicitor General, be authorized and required, and is hereby authorized and required, to do and execute, from Time to Time, all and every the Matters and Things beforementioned, with such other necessary Acts belonging to the said Places of Attorney (fn. 5) and Solicitor General, as may or shall be requisite for the Expedition of the Proceedings of the said several Courts at Law; and the said Oliver St. John is hereby enabled to take all Fees and Profits belonging to the said Place of Attorney General, during the Absence of the said Attorney; and this Ordinance to continue till both Houses of Parliament shall otherwise direct; and all Judges, Justices of either Bench, Barons of the Exchequer, Clerks, and other Officers, are hereby enjoined and required to yield Obedience to all Warrants and other Acts touching the Premises, as shall be issued forth from the said Solicitor General, in as full and ample Manner as if they had been issued forth by the Attorney General.