House of Lords Journal Volume 7: 18 April 1645

DIE Veneris, 18 die Aprilis.

PRAYERS, by Mr. Corbett.

Ds. Grey de Warke, Speaker.

Message from the H. C. with Ordinances; and for a Conference about One concerning the Commissioners of the Admiralty.

A Message was brought from the House of Commons, by Mr. Nicolls, &c.

To desire Concurrence in divers Ordinances.

2. To desire a Conference, so soon as it may stand with their Lordships Conveniency, concerning the Ordinance touching the Commissioners for the Admiralty.

The Answer returned was:

Answer.

This House will give a present Conference, in the Painted Chamber, as is desired; concerning the rest of the Particulars, their Lordships will send an Answer by Messengers of their own.

Mr. Stavely & Uxor.

Ordered, That Mr. Stavelye's Cause, between him and his Wife, shall be heard on Thursday in Whitson Week; and all Parties and Witnesses to have Notice to attend, as formerly was Ordered.

Tylson, the E. of Manchester's Commissary General of Horse, Petition to be freed from an Arrest;

to have a Habeas Corpus.

Upon reading the Petition of John Tylson Esquire; shewing, "That he hath served the State in the Place of Commissary General for Horse, in the Army late under the Command of the Right Honourable the Earl of Manchester, and was arrested upon the 10th of this Month, and ever since kept in Prison, there being no Action of real Debt brought against him:" Now, in regard the Petitioner hath not yet delivered up his Accompts, and not discharged of his Trust, it is Ordered, That a Habeas Corpus cum Causa shall be issued, to bring the Petitioner before this House on Monday Morning next; and then this House will give further Directions.

Answer from the H. C.

Dr. Aylett and Dr. Heath return with this Answer to the Message sent Yesterday to the House of Commons:

1. That the Petition of the Earl of Nottingham is taken into Consideration.

2. That they will take the Ordinance concerning Windsor Great Parke into Consideration.

3. Concerning the Petition of Captain Ryter, they concur therein.

4. That they agree, that the Committee for Foreign Affairs do meet on Saturday next, in the Afternoon.

5. Concerning the Ordinance for Commissioners for the Admiralty, they will send an Answer by Messengers of their own.

6. (fn. 1) They agree to the Alteration in the Ordinance concerning Sir Ric'd Norton. (Here enter it.)

7. They concur for a Pass to be granted to the Lady Grandison, to go into France.

Walsingham and Baker.

This Day the Cause between Sir Tho. Walsingham Knight, against Sir John Baker Knight, was heard, by Counsel on both Sides, concerning the Reversal of a Decree formerly made in the Court of Exchequer, concerning the Manor of Hunton, in the County of Kent: And it is Ordered, That this Business shall be taken into Consideration To-morrow Morning.

Ordinance concerning Portsmouth Garrison.

Next, an Ordinance was read, concerning allowing Maintenance out of the Excise to the Garrison of Portsmouth. (Here enter it.)

Read, and Agreed to.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Ordinance concerning the Commissioners of the Admiralty.

The Speaker reported the Effect of this Conference; "That whereas the House of Commons sent up an Ordinance, for appointing Commissioners for managing the Admiralty, which their Lordships returned to them, with an Addition in these Words ["whereof One Lord at least to be present"], which the House of Commons thinks not fit to pass; because, if there should be any emergent Occasion, nothing can be done without One Lord, which may be difficult to get, in regard of the many several (fn. 2) Businesses now in Agitation, because most of the Lords of this Committee are of the Committee of both Kingdoms."

Then this House took it into Consideration; and it was Resolved, Not to adhere to the Alteration sent down to the House of Commons.

Resolved, upon the Question, That the Quorum shall be reduced to Five.

Message to the H. C. for the Quorum in it to be reduced; and with Mr. Samwell's Petition.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To let them know, that this House agrees to the Ordinance for appointing Commissioners for the Admiralty, with this Alteration of reducing the Quorum to Five, and desire their Concurrence therein; and to deliver Mr. Samwell's Petition to them, and specially recommend it to them.

Marichal De Gascoigne to export Horses.

Ordered, That Marishall De Gascoigne shall have a Pass, to transport Eight Horses for France.

Letter to the Queen of Sweden to be signed.

The Earl of Northumb. reported to this House the Letter to be sent from both Houses to the Queen of Sweden, translated into Lattin: And it is Ordered, That the same be signed by the Speakers of both Houses.

Ordinance for an Allowance, out of the Excise in Hampshire, for Portsmouth Garrison.

"Whereas, by an Ordinance of Parliament, of the 2d of August, 1644, a Charge was laid upon the Excise of the County of South'ton, not formerly granted, of Five Hundred Pounds per Mensem, if the Excise of the said County should amount to so much, to continue for Six Months then next ensuing, for Support of the Charge of that Garrison, increased by the Danger of these Times; and whereas, by reason of the great Power of the Enemy within that County, the said Excise hath not amounted to near that Proportion, which, being all the Support allotted for that Garrison, except the old Establishment for One Company, hath much increased the Arrears of that Garrison: It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Excise which shall be collected out of the said County of South'ton, not granted otherwise, be paid for the Use of the Garrison of Portsmouth, until the Sum that was formerly Ordered to be paid out of it to the said Garrison be completed and made up; and the Commissioners of Excise are Ordered to make Payment of the same accordingly; and the Receipts of the Treasurer, or his Assigns, shall be their sufficient Discharge: Provided, That this Ordinance shall not extend to any Excise appropriated to the Use of the Navy."

"An Ordinance for the Discharge of the Delinquency of Sir Richard Norton, Knight and Baronet.

Ordinance to clear Sir R. Norton of his Delinquency.

"Whereas Sir Richard Norton, of Rotherfeild, in the County of South'ton, Knight and Baronet, hath been fined the Sum of Five Hundred Pounds for his Delinquency, to pay the same, by Way of Composition, to the Use of the State; in Pursuance of which Composition, he hath paid the Sum of Two Hundred and Fifty Pounds, and given Security for the Payment of the other Two Hundred and Fifty Pounds, to the Content and Satisfaction of the Committee intrusted for that Service: It is therefore Ordained and Declared, by the Lords and Commons in Parliament assembled, and the said Lords and Commons do hereby Order, Ordain, and Declare, That the Estate of the said Sir Richard Norton shall be, and is hereby, discharged from Sequestration, from the First Day of this Instant April; and all Committees and other Officers are required to take Notice hereof, and to suffer the said Sir Richard Norton quietly and peaceably to receive and enjoy all the Profits of his Estate, in any County or Place where the same hath been sequestered, as formerly he hath done, and to restore him to the full Possession thereof; any former Order or Ordinance notwithstanding."

Master of the Ceremonies to shew The States Ambassadors the usual Civilities, on their Departure.

It was moved, "That Sir Oliver Fleminge, Master of the Ceremonies, desires their Lordships Directions, what civil Respects should be shewed to The States Ambassadors, before their Departure out of this Kingdom."

And this House left it to the Discretion of the said Master of the Ceremonies, to give them such Civilities as hath been usual in the like Cases, and belonging to his Place.

Adjourn.

House adjourned till 9^a cras.