House of Lords Journal Volume 6: 21 August 1644

DIE Mercurii, videlicet, 21 die Augusti.

PRAYERS, by Mr. Prophett.

Ds. Grey de Warke, Speaker this Day.

A Petition was presented to this House, by divers Gentlemen of the County of Stafford, and read as followeth: (Here enter it.)

Petition of the County of Stafford, that the E. of Denbigh may not be retarded, but sent down to their Relief.

"To the Lords and Commons assembled in Parliament.

"The humble Petition of many of the Commitee, Commanders, and others well-affected, in the County of Stafford,

"Humbly sheweth,

"That this our Country being very much perplexed and infested by several strong Garrisons and Parties of the Enemy, now of late increased by Addition of many Northern Renegadoes, our Forces being not able to defend themselves or the Country from the grievous and daily Plunders, Imprisonments, and insupportable Taxations and Ransoms, cruelly exercised and charged upon them; having also very credible Intelligence that Prince Rupert is now recruiting his Army about Chester, Salop, and North Wales, where a Week since he had Five Thousand Horse and above Two Thousand Foot, and upon daily Increase, raising great Sums of Money in those Parts, Salop now busy in collecting Nine Thousand Pounds more for him; and that many Matters of great Concernment for the Public lie unsettled, and our Forces without Addition unserviceable, to the great Distraction and the Prejudice of our Country, and the Affairs in Hand:

"Humbly pray, that our Lord General the Earl of Denbigh (by whose Fidelity, Valour, and Wisdom, we are experimentally confident, under God, our Miseries may be prevented, and Grievances redressed) may not, as heretofore, to the Enemy's great Advantage and our long Sufferings, by particular Endeavours without general Concurrences be retarded, but with all Necessaries and suitable Conveniences speedily accommodated and dispatched away to our Relief, before our Country be quite over-run, and drained of the Wealth and Strength thereof, by the Enemy; and we shall, with his Lordship, willingly adventure our Lives and Fortunes in this great Cause.

"Si. Rugeley, &c.
Tho. Crompton.
Phill. Jackson."

To be communicated to the H. C. and Committees to meet about it.

Ordered, That this Petition be communicated to the House of Commons; with a Desire, that this Petition may be referred to the Committee formerly appointed to consider of the Earl of Denbighe's Business; and that the Committees may meet on Friday Morning next, at Nine of the Clock.

Answer to the Petitioners.

The Answer returned to the Gentlemen that brought the Petition was, "That this House gives them Thanks for their Care of their Country; and that this House will take their Petition into speedy Consideration."

Wilkinson, Minister of St. Faith's, Petition to live in a House, belonging to St. Paul's, Rentfree.

Upon reading the Petition of Henry Wilkinson Clerk; shewing, "That he being put in, by Sequestration of Parliament, to the Living of Faythe's Church in London, but is forced to live in a House belonging to the Church of Paule's, for which he pays Ten Pounds per Annum: Therefore, in regard it is a great Rent for him to pay, desires he may be excused for paying the said Rent of Ten Pounds."

It is Ordered, To recommend this Petition to the House of Commons.

E. of Stamford's Arrears.

The Earl of Stamford desired this House, "That some Course might be taken for the paying him his Arrears, due unto him for his Service to the Parliament."

Hereupon it is Ordered, To recommend the same to the House of Commons.

Answer from the H. C.

Sir Edward Leech and Mr. Page, sent Yesterday to the House of Commons with a Message, return with this Answer:

That they agree to the Ordinance for associating the Western Counties, with the Amendments; and they agree in adding the Earl of Northumb. to the Committee for to meet with the Commissioners of the Church of Scotland; and concerning the Alterations in the Ordinance for Tithes, and the Order for indemnifying Sir Mathew Boynton, &c. they will send an Answer by Messengers of their own.

Message to them, with the Staffordshire Petition, and Mr. Wilkinson's; and about the E. of Stamford's Arrears.

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

To communicate (fn. 1) unto them the Petition for Staffordshire; and desire that the Committee for the Earl of Denbighe's Business may meet on Friday Morning, at Nine of the Clock, and this Petition likewise to be referred to them; also to deliver to them the Petition of Mr. Wilkinson, with Recommendations; and lastly, to recommend to them (fn. 2) the Case of the Earl of Stamford, that he may be paid some Part of his Arrears.

Message from thence, with an Ordinance and Orders.

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

1. To desire Concurrence in an Ordinance for paying Ten Thousand (fn. 3) Pounds to Sir Wm. Waller's Army, out of the Excise. (Here enter it.)

Agreed to.

2. An Order, with Instructions for taking up of Horses for Sir Wm. Waller's Army.

Agreed to, with an Alteration.

3. An Order for Leave to Mr. St. Aubin, Sheriff of Cornwaille, to live out of the said County, as Occasion serves. (Here enter it.)

Agreed to.

4. An Order to license Sir Mathew Boynton to reside out of the County of Yorke, during the Time of his being Sheriff. (Here enter it.)

Agreed to.

5. An Order for Continuance of the Ordinance of the 10th of May last, for Gloucester, Hereford, and the other Counties therein named, concerning the Sequestration of Malignants Estates, &c. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House will send an Answer to the Order for taking of Horses for Sir Wm. Waller, by Messengers of their own: To all the rest of the Particulars, this House agrees to them.

E. of Nottingham to have Aorpe's Estate.

Upon reading the Petition of Charles Earl of Nottingham; it is Ordered, To be recommended to the House of Commons, that he may have the Lands of Thorpe Aorpe granted unto him for his Maintenance, the said Aorpe being a Papist, and with the Queen in France.

Message from the H. C. that The States Ambassadors desire an Answer, and to refer it to the Committee of both Kingdoms.

A Message was brought from the House of Commons, by Sir John Clattworthy:

To let their Lordships know, that The States Ambassadors have been with their Speaker, and acquainted him, "That they were sent by The States of the United Provinces, to mediate and do good Offices to settle Peace between the King and the Parliament; and they having been long here, and no Answer returned, they desire to know whether their Mediation shall be accepted; if not, they think it fit for them to signify so much to their Superiors, that so they may save the great Expence they lie at."

Upon this, the House of Commons have thought fit to refer the Consideration of this Business to the Committee of both Houses that is to treat with The States Ambassadors concerning their Demands of Ships taken; and to report to the Houses what they conceive fit to be done herein.

The Answer returned was:

Answer.

That this House agrees with the House of Commons, to refer to the Committee that are to treat with The States Ambassadors about Damages of the Dutch Merchants sustained by the English, &c. the Consideration of this Message.

Lords have taken the Covenant.

The Earl of Kent, &c. reported, "That the Lord Viscount Conway and the Lord Rich have taken and subscribed the Covenant."

Ordered, That the Earl of Clare and other Lords out of Town are to take it by Friday come Sevennight.

Pass desired for the French Minister's Gentleman. to go to the King.

It was moved, "That one Francois la Pinte, Gentleman to Monsieur Sabran the French Resident, may have a Pass, to go to the King, and return again to London:" And this House considering how inconvenient it may be to give this Pass to go into the King's Quarters, as the Affairs stand now in the West; Ordered, That it be referred to the Committee that formerly was appointed to consider of the Manner of the Reception of the French Resident, and to report to the House what (fn. 4) they think fit to be done in this Particular.

Message to the H. C. that the Lords agree to the Votes for raising Horses for Sir Wm. Waller; and with the E. of Nottingham's Petition.

A Message was (fn. 5) sent to the House of Commons, by Serjeant Fynch and Mr. Page:

To let them know, that this House agrees to the Ordinance concerning the Manner of taking up of Horses for Sir Wm. Waller's Army, with the Proviso; and to recommend unto them the Petition of the Earl of Nottingham.

Chapman and Wincott.

Ordered, That the Cause between Chapman and Wincutt shall be heard at this Bar, on Friday come Sevennight.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Sir Thomas Walsingham Knight, and others;

To desire Concurrence in these Two Orders:

1. For executing the Commissions of Oyer and Terminer, &c.

2. Concerning the granting of Commissions of Sewers.

The Answer returned was:

Answer.

That this House will take these Two Orders into speedy Consideration, and send an Answer by Messengers of their own.

Report of the Conference concerning the Propositions for Peace, returned from Scotland.

Next, the Lord North reported the Effect of the late Conference with the House of Commons, concerning the Propositions for Peace; which was, "To communicate to this House the Propositions for Peace returned from the Kingdom [* of Scotland], with some Alterations made by them therein;" which were read.

Next, was reported the Sense of the House of Commons upon the said Propositions, and some Alterations made by them.

Ordered, That the Debate of this Report shall be taken into Consideration on Friday Morning next; and the Lords to have Notice to be at the House.

Vanienden's Cause.

Ordered, That the Cause of Mrs. Vanenden shall be put off until Saturday next.

Warwickshire Petition.

Next, divers Gentlemen presented a Petition to this House, from the County of Warwicke; which was read; setting forth the Grievances of that County, by the Miscarriages and undue Proceedings of the Committee there. (Here enter it.)

The Answer returned was:

Answer to the Petitioners.

That this House gives them (fn. 6) Thanks for their good Affection expressed to the Parliament, and their Care of their Country; and concerning their Petition, their Lordships will take it into speedy Consideration.

Order for 10,000 l. for Sir W. Waller, out of the Excise.

"Whereas the Fellowship of Merchants Adventurers of England were, by Ordinance of both Houses of Parliament, dated the 5th of March last, 1643, to receive Ten Thousand Pounds, with Interest thereupon arising from the 12th Day of July last, upon the First Day of September now next coming, out of the Receipts of the Excise; which Sum and Principal of Ten Thousand Pounds, the said Fellowship hath consented and agreed to forbear until the Fourth Day of January next, as more fully appeareth by Ordinance of Parliament, dated the 10th Day of this present Month of August; and whereas John Towse Esquire, and Alderman of the City of London, and the rest of the Commissioners of Excise, have, for the Furtherance of the present Service of Sir William Waller's Army, consented to advance Ten Thousand Pounds for the said Expedition: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise and new Impost shall and may reimburse themselves of the said Ten Thousand Pounds, with Interest after the Rate of Eight per Cent. for such Time as they shall be out of the whole or any Part thereof, out of the First Receipts of the Excise coming in upon or after the First of September next, in Place and Stead of the said Fellowship of Merchant Adventurers of England, who are then to receive the said Ten Thousand Pounds as aforesaid: And it is hereby further Declared, That the said Commissioners of Excise shall not, by any Order or Ordinance of either or both Houses of Parliament, be excluded from the reimbursing of themselves of the said Ten Thousand Pounds, with Interest as is before ordained, but shall be permitted fully to receive the same, until they be re-paid the whole Sum of Ten Thousand Pounds with Interest as is beforementioned, according to the true Intent and Meaning of the Ordinance, which shall be their sufficient Discharge in this Behalf: And it is also hereby Ordained, That the Commissioners of Excise do pay the said Ten Thousand Pounds by them agreed to be advanced as aforesaid, unto John Trenchard Esquire, for the Use of Sir Wm. Waller's Army, whose Receipt shall be a sufficient Discharge unto them, and every of them."

Order for Leave for Mr. St. Aubyn, High Sheriff of Cornwall, to live out of the said County occasionally.

"Whereas John St. Aubine Esquire is nominated and appointed High Sheriff of the County of Cornwall, and is enjoined and required, by a certain Clause in the Oath to be taken by him the said John St. Aubine for the Execution of the said Office, that he shall reside and be dwelling, in his own proper Person, within his Bailiffwick, for the Time that he shall be in the said Office, unless he shall be otherwise licensed by the Lords and Commons in Parliament: Be it therefore Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said High Sheriff shall have, and hereby hath, full and free Leave and Licence, and is permitted, to be absent from his Bailiffwick, and to dwell and reside out of the said County of Cornwall, notwithstanding any Clause in the said Oath to the contrary."

A like Order for Sir Mathew Bointon, High Sheriff of York.

"Whereas Sir Mathew Bointon Knight and Baronet is nominated and appointed High Sheriff of the County of Yorke, and is enjoined and required, by a certain Clause in the Oath to be taken by him the said Sir Mathew Bointon for the Execution of the said Office, that he shall (fn. 7) reside and be dwelling, in his own proper Person, within his Bailiffwick, for the Time that he shall be in the said Office, unless he be otherwise licensed by the Lords and Commons in Parliament: Be it therefore Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the said High Sheriff shall have, and hereby hath, full and free Leave and Licence, and is permitted, to be absent from his Bailiffwick, and to dwell and reside out of the said County of Yorke, notwithstanding any Clause in the said Oath to the contrary."

Order to continue the Ordinance for Gloucester, &c. for sequestering Malignants Estates.

"Ordered, by the Lords and Commons assembled in Parliament, That that Part of the Ordinance of the 10th of May last, for Gloucester, Hereford, and the other Counties therein named, concerning the sequestering the Estates of Malignants, Delinquents, and Papists, within the Cities of London and Westm. and within Twenty Miles of the same, not yet sequestered or discovered, which shall be discovered in Three Months, now expired, shall be continued for Three Months longer from the passing this present Ordinance."

Adjourn.

House adjourned till Friday next, 9^a Aurora.