House of Lords Journal Volume 8: 23 September 1646

DIE Mercurii, 23 Septembris.

Comes Manchester, Speaker.

Committees to give Audience to the Spanish Ambassador.

Ordered, That the Meeting of the Committee for Foreign Affairs, at Sir Abraham Williams's House, touching the Spanish Ambassador, shall meet To-morrow, at Three of the Clock in the Afternoon; and the House of Commons to be acquainted therewith, and they desired that their Members of that Committee may meet accordingly.

Sir J. Evelyn's Ordinance.

The House was put in Mind of Sir John Evelin's Ordinance, that it was particularly appointed to be considered of by a Committee of the whole House.

Whereupon it was adjourned during Pleasure, and the Ordinance was considered of.

And being resumed;

It was moved, "That the Ordinance might be read."

It was read accordingly, and Agreed to.

(Here enter it.)

Tregonwell's Ordinance.

An Ordinance for taking off the Sequestration of the Estate of Mr. Jo. Tregonwell. (Here enter it.)

Read, and Agreed to.

Temple's, to be Minister of Tredington.

An Ordinance was read, "That Doctor Temple may be Parson of Tredington."

Agreed to; and Ordered to be sent to the House of Commons.

Ordered, That the Lord Willoughby shall be of the Committee of Foreign Affairs.

Absent Lords to pay to the Poors Box.

Ordered, That such Lords as shall be absent from Prayers shall pay as formerly to the Poors Box; (videlicet,) every Earl and Viscount Two Shillings, and every Baron One Shilling; and that such as be absent from the House without Leave shall pay Double the Value for every Day's Absence; and that this Order do begin on Tuesday next, and not before.

Rawlinson's Ordinance to be Minister of Lambeth.

Ordered, That the Ordinance for Mr. Rawlinson to be Parson of Lambeth shall be sent on Friday next to the House of Commons, for their Concurrence.

Watson, a Protection till his Arrears are paid.

The Petition of Phillip Watson read.

Ordered, That he shall have the Protection of this House, having much Arrears due to him from the State; provided, that he shall pay his Creditors out of his Arrears as they shall be paid him.

Macgolin to be freed from an Arrest.

The Petition of Peter Macgolin, read; desiring "a Habeas Corpus, to be released from Imprisonment by Privilege."

Ordered, That he shall have a Habeas Corpus, if he be in Execution when the Seal is open; but if upon Mean Processes, then he shall be released by Order of this House.

Dr. Bastwick's Ordinance.

The Petition of Mr. Doctor Bastwicke, desiring "that the House of Commons may be put in Mind of his Ordinance remaining there."

Ordered, To put the House of Commons in Mind accordingly.

Order about Rous s Psalms.

An Order that came from the House of Commons, for using of the Book of Psalms set forth by Mr. Rous, passed with Amendments; and Ordered to be sent to the House of Commons, for their Concurrence.

Nicholas, a Pass to France.

Ordered, That a Pass be granted, for Phillip Nicholas to pass into France.

E. of Northumb. to export a Horse.

Ordered, That the Earl of Northumberland shall have a Horse with the Dogs into France.

Message to the H. C. about the following Particulars.

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

1. To put them in Mind of Six Horses for the Prince Royal, formerly sent to them.

2. To put them in Mind of Six Horses for D'Harambux, formerly sent to them.

3. Doctor Temple's Ordinance for Tredington Parsonage. desire Concurrence.

4. Order Mr. Rouse's Psalms, with Amendments. Desire Concurrence.

5. The Spanish Ambassador's Petition sent down.

Ordinance to continue the Treasurers at War, &c.

Report was made, by the Speaker, touching the Ordinance for the Treasurers for the Army, and touching the Ordinance for the Moiety of the Excise in the North, and that Ordinance for the Moiety of the Excise for the West; the House of Commons adhering to them as they were sent up, and not to have them altered as this House desired.

And after Debate;

This Question was put, touching that for the Treasurers of the Army,

"As many of your Lordships as are of Opinion to adhere to your former Opinions, touching the Treasurers of the Army and Committee of the Army being sent to the House of Commons, say "Content"; others, "Not Content"."

Passed in the Affirmative.

Committee to prepare Heads for a Conference about adhering to the Alterations in it.

Lords Committees appointed by the House, to draw up Reasons for a Conference with the House of Commons, for this House's adhering to the Alterations and Additions made in the Ordinance concerning the Treasurers at War for Six Months; and to report:

Their Lordships, or any Three, to meet To-morrow Morning, at Nine, in the Lord Keeper's Lodgings.

Ordinance for the Moiety of the Excise in the Western Association, for the Pay of the Garrisons there.

The Ordinance for the Moiety of the Western (fn. 1) Excise to be allowed to the Committee in those Parts for Monies that they raised for those Counties being for the Garrisons there, was considered of.

And after some Debate;

This Question was put,

"As many as are of Opinion to adhere to the Additions and Alterations made to this Ordinance brought up from the House of Commons, say, "Content"; others, "Not Content"."

Passed in the Negative.

"As many of your Lordships as are of Opinion to pass the said Ordinance as it came from the House of Commons, say, "Content"; others, "Not Content"."

Passed in the Affirmative.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the One Half of the Excise that is, or shall be, collected within the Counties of Wilts, Dorsett, Som'sett, Devon, and Cornwall, and within the Cities and Counties of Bristoll and Exon, and the Town and County of Poole, be allowed for and towards the Payment of the Garrisons and Forces in the said Counties, Cities, and Places, for the Space of Four Months; and that the Commissioners of the Excise and their Sub-commissioners, for the several Counties and Places aforesaid, shall pay, or cause the same to be paid, from Time to Time, to such Person or Persons, for the Purposes aforesaid, as the Committee of the West shall appoint: And this Ordinance shall be their Warrant and Discharge for so doing."

1 Question put:

"As many of your Lordships as are of Opinion to adhere to the Alterations and Additions made to the Ordinance for the Excise in the Northern Association, say, "Content"; others, "Not Content"."

Passed in the Negative.

2 Question put:

"As many of your Lordships (fn. 2) as are of Opinion to pass the Ordinance for the allowing of the Moiety of the Excise for the Northern Association, to say, "Content"; others, "Not Content"."

Passed in the Affirmative.

Ordinance for the Moiety of the Excise in the Northern Association for the Garrisons there.

"Ordered, by the Lords and Commons assembled in Parliament, That a full Moiety of the Proceed of the Excise arising in the Northern associated Counties be allowed unto the Northern Counties, for the Maintenance of the English Forces and Garrisons there, to continue for the Space of Four Months; and that the Commissioners of Excise do give sufficient Order and Warrant to their Sub-commissioners in those Counties, to pay the said Moiety of Excise to such Person or Persons as the Northern Committee shall direct and appoint, to be employed for the Uses aforesaid; and that the Acquittance or Receipt of such Person or Persons so appointed as aforesaid shall be a sufficient Discharge to the Sub-commissioners of Excise, upon their Accompt, for so much as they shall pay upon this Order."

Visc. Hereford summoned to attend as a Peer.

A Letter to be sent to the Lord Viscount Hereford, to attend the great Affairs of the Kingdom.

"My Lord,

The House of Peers being certainly informed, that, by the Death of the Earl of Essex, the Right, Title, and Place of Lord Viscount Hereford is descended upon you; I have received Direction, as their Speaker, to require your Personal Appearance, with all convenient Speed, in this present Parliament, as a Peer of this Realm. And this being all at present I have to impart, I rest

Westm'r, the 23th Sept. 1646.

"Your Lordship's humble Servant,

"Manchester, Speaker of the House of Peers, pro Tempore."

Ordinance to secure the Payment of 1240 l. to Sir J. Evelyn, out of Sir G. Strode's Estate.

"Whereas there is due and owing unto Sir John Evelin, of Godstone, in the County of Surrey, Knight, a Member of the House of Commons, the Sum of One Thousand Pounds of Principal Money, and the Sum of Two Hundred and Forty Pounds for Three whole Years Interest, to be due and ending the 11th Day of May, 1646, by Sir Geo. Strode, late of Westram, in the County of Kent, Knight, a Delinquent, as by his Bond, bearing Date the 9th Day of November, 1640, doth appear; and forasmuch as the said Sir John Evelyn is wholly without Means or Remedy to recover the said Sums by any Course at the Common Law, in regard of the Absence of the said Sir George Strode, and the Sequestration of his Estate: The Lords and Commons in Parliament assembled, taking the Justness of the Debt and the Premises into their Consideration, do Order and Ordain, That, out of the Sequestration, or upon the Sale, of the said Sir George Strode's Lands and Estate in the County of Surrey, the said Sum of One Thousand Pounds, due and owing by the said Sir George Strode unto the said Sir John Evelyn, and all Interest in Arrear as aforesaid, and to become due, for the Forbearance thereof, until the Day of the Payment of the same, shall be satisfied unto the said Sir John Evelyn, or his Assigns; and all Committees, as well of Sequestrations as otherwise, wherever the Lands and Estate of the said Sir George Strode shall happen to be situated, lying, or being, are hereby authorized and required to see the same duly satisfied and paid, according to the true Intent and Meaning of this Ordinance; and for so doing, this present Ordinance shall be to them, and every of them, a sufficient Warrant and Discharge in that Behalf."

Ordinance to clear Mr. Tregonwell of his Delinquency.

"Whereas John Tregonwell, of Anderson, in the County of Dorsett, Esquire, hath by both Houses of Parliament been admitted to his Fine of Three Thousand Seven Hundred Thirty-five Pounds, having adhered to the Forces raised against the Parliament: The Lords and Commons in Parliament assembled do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said John Tregonwell, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said John Tregonwell, from the 13th Day of June, 1646, with an Exception of the Right or Estate of the said John Tregonwell in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England for the Time being are hereby authorized to pass under the Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Tregonwell from any further Composition, for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that, in case the said Lands mentioned in the said Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said John Tregonwell shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

Adjourn, 10 To-morrow.