House of Lords Journal Volume 8: 13 November 1646

Pages 562-564

Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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DIE Veneris, 13 die Novembris.

Prayers, by Mr. Carryll.

Domini præsentes fuerunt:

E. Manchester, Speaker.

E. Pembrooke.
E. Salisbury.
E. Rutland.
E. Northumb'land.
E. Warwicke.
Comes Denbigh.
Comes Lyncolne.
Comes Midd.
Comes Suffolke.
Comes Kente.
L. Hunsdon.
L. Grey.
L. Howard.
L. North.
L. Dacres.
L. Wharton.
L. Maynard.
L. Willoughby.
L. Mountague.

Beck to be Gunner of The Providence;

The Earl of Warwicke reported a Paper from the Committee of the Admiralty and Cinque Ports; which was read, as follows:

"Die Jovis, 12 Nov. 1646.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"On Recommendation from Captain Batten and the Commissioners of the Navy; Ordered, That Robert Becke, late Gunner of The Fellowship, be presented to both Houses of Parliament, for their approving of him to be Gunner of The Providence, now ready to set forth to Sea, in this Winter's Expedition."

Ordered, That this House agrees to this Report.

and Loane of The Fellowship.

"On Recommendation from the Commissioners of the Navy; Ordered, That Richard Loane be presented to both Houses of Parliament, for their Approbation of him to be Gunner of The Fellowship, lately come from the Irish Seas."

Agreed to.

Order to secure 186l. 178 to Webb, taken out of Smith's Hands.

Upon reading the Petition of Thomas Smith, this Order was made:

"Whereas, the Sum of One Hundred Eighty-six Pounds and Seventeen Shillings, remaining in the Hands of Thomas Smyth, late Alderman of St. Edmond's Bury in Suffolke, in Question, whether it did belong to Robert Higham Gentleman, a known Malignant, or to Gardner Webb Esquire, the said Money was seized upon, by the Parliament's Forces lying before the Town of Lynn, in the Year 1643, and employed for the then urgent Necessities of the Commonwealth to such Person as it should appear to belong; and whereas, upon a Trial at the last Summer Assizes for the County of Suffolke, touching the Property of the said Money, it was found by Verdict, that the said Money belonged to the said Gardner Webb; and he recovered the same, with Damages against the said Thomas Smyth: It is therefore Ordered, by the Lords in Parliament assembled, That the said Gardner Webb shall have the Public Faith of the Kingdom for Payment of the said One Hundred Eighty-six Pounds and Seventeen Shillings to him, according to the said former Promise; and that the Postea upon the said Trial, and all other Proceedings against the said Thomas Smyth thereupon, shall be staid."

Ordinance for better Observation of the Fast.

Ordered, That the Committee for the Ordinance for the better Observation of the Fast-day shall meet To-morrow Morning, at Nine of the Clock, and report their Opinions To-morrow Morning to this House.

E. of Westmorland and St. John.

Upon reading the Answer of the Earl of Westm'land to the Petition of Mr. St. John's. (Here enter it.)

It is Ordered, that Mr. St. Johns shall have a Copy of it.

Capt. Browning's Petition, for a Protection till his Arrears are paid.

Upon reading the Petition of Captain Harmond Browning; alledging, "That there is Money due to him in Arrear, for his Service in the Parliament's Employments; and coming to London, he is arrested for Debt: Therefore desires he might have the Protection of this House, until he shall receive his Arrears, whereby he may pay his Debts:"

It is Ordered, That he shall bring a Certificate, under the Hand of some Chief Officer of the Army, that he was in the Service of the Parliament.

Clayton to be instituted to Robotham.

Ordered, That Doctor Aylett shall give Institution and Induction to Luke Clayton, to the Vicarage of Robotham, in Com. Yorke; presented by the Earl of Pembrooke; with a salvo Jure cujuscunque.

Sir. T. Fairfax come to Town.

The Speaker informed this House, "That Yesterday Sir Thomas Fairefax came to Town, and last Night came to him, and expressed his Readiness to serve this House, in any Thing as lies in his Power, with all Readiness and Respects."

Speaker and a Committee to go to him.

This Question being put, "Whether their Lordships will appoint their Speaker, with a Committee of the whole House, to go to Sir Thomas Fairfax?"

It was Resolved in the Affirmative.

Protest against it.

Before the putting this Question, these Lords following desired Leave of this House to enter their Dissents, if the Question were carried against their Votes; which the House granted: And accordingly they entered their Dissents, by subscribing their Names.

"Middlesex. T. Lyncolne.


"Jo. Hunsdon. F. Willughbye.

"W. Maynard."

Speaker to address Sir T. Fairfax.

Ordered, That it is left to the Speaker of this House, what to speak to Sir Thomas Fairfax, from this House, upon these general Heads; videlicet,

"To congratulate his coming to this Town, and to acknowledge his good Service done to the Parliament and Kingdom."

Ordered, That the Speaker, with a Committee of this House, shall go To-morrow, at Eleven of the Clock, to Sir Thomas Fairefax.

Message to the H. C. to appoint a Committee of their House to go to him with the Lords.

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

To let them know, that this House hath appointed their Speaker, with a Committee of the whole House, to go To-morrow, at Eleven of the Clock, to Sir Thomas Fairefax, to acknowledge his good Service to the Parliament and Kingdom, and to bid him Welcome to this Town.

Message from thence, with Ordinances, &c

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

To desire their Lordships Concurrence in divers Particulars:

1. An Order for giving Leave to the Sheriff of Yorke to reside out of the County, during his Place, as often as he hath Occasion. (Here enter it.)

Agreed to.

2. An Ordinance for taking up Twelve Thousand Pounds, upon the Credit of the Customs, &c. for the Use of the Navy. (Here enter it.)

Read, and Agreed to.

3. An Ordinance to charge the Excise with (fn. 1) Twelve Thousand Pounds, for to provide Powder, Match, and Bullet. (Here enter it.)

Agreed to.

4. An Ordinance concerning the Relief of Captives. (Here enter it.)

Read, and Agreed to.

The Answer returned was:


That this House agrees to all the Ordinances and Order now brought up.

Doctor Frasier, & al. a Pass to come Home.

Ordered, That Doctor Alex. Fraiser, with Two Servants, shall have a Pass, to come into England, out of France, with their necessary Accommodations for Travel.

Sibsey and Kingerby.

This Day the Counsel of Captain Kingerby and the Counsel of Sibsey was heard: "That Sibsey, a Grasier, sold Cattle in London, and carried into Lyncolneshire One Hundred and Ninety Pounds, which was taken away by Captain Kingerby, and employed to the Use of the State, for which the Lord Willoughby had accounted for to the State."

It is Ordered, That it is referred to the Committee of the County of Lyncolne, to re-pay to the said Sibsey his Money taken from him, and employed to the Use of the State, out of such Monies as shall come to their Hands belonging to the State, within Three Months.

Order concerning the Lieut. of The Tower.

Ordered, That the Committee of Privileges do meet To-morrow Morning, at Nine of the Clock, about the Order of the Lieutenant of The Tower, and report the same to the House.

Lady Zouch and the Copyholders of Woking.

Upon hearing the Counsel between the Copyholders of the Manor of Woking, in the County of Surry, and the Lady Zouch Widow, Committee of the Wardship of her Son Edward Zouch Esquire, an Infant, and the Counsel of George Duncombe Steward of the Manor of Woking; it being a Complaint of the Tenants against the Lord and the Steward for Breach of their Customs, and making their Fines of Copyhold uncertain, and against a Decree in the Court of Exchequer; desiring it may be set aside, that the Customs may be tryable at Law.

Message from the H. C. for a Conference on the Ordinance for Sale of Bishops Lands.

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

To desire a Free Conference, so soon as their Lordships shall please to appoint, concerning the Matter of the late Conference concerning the Ordinance for Sale of the Bishops Lands.

Rosolved, upon the Question, To give the House of Commons a Free Conference presently, as is desired.

The Answer returned was:


That this House appoints a present Free Conference, in the Painted Chamber, as is desired.

Answer from the H. C.

Mr. Page and Doctor Aylett return with this Answer from the House of Commons:

That they agree to the sending of Colonel Muncke into Ireland, and to the granting of Martial (fn. 2) Law to the Commissioners for Ireland, and to making of the Earl of Mulgrave Vice Admiral of Yorkeshire: To all the rest of the Particulars, they will send an Answer by Messengers of their own. And they have appointed their Speaker, with a Committee of the whole House, to go To-morrow to Sir Tho. Fairefax, at Eleven a Clock.

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

And the Report is to be made To-morrow Morning.

Sir J Bourchier, Sheriff of York, Leave to reside out of the County.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir John Bourchier, Sheriff of the County of Yorke, have Leave to come to London, and to reside out of the County of Yorke during his Sheriffalty; any Law, Statute, or Ordinance, to the contrary notwithstanding."

Ordinance for 12,000 l. for the Use of the Navy.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Committee of the Navy and Customs, or any Five of them, have Power to take up Money, not exceeding the Sum of Twelve Thousand Pounds, for making Provisions for the Use of the Navy, at Interest, not exceeding the Rate of Eight per Centum for One Year, upon the Credit of the Customs, or the Excise of Flesh and Salt appropriated for the Use of the Navy, and to satisfy the Interest-money out of the Monies arising on the said Receipts; and the Committee of Accompts, Comptroller, and Auditor of the Excise, are to make Allowance of the same, upon the respective Accompts of the Commissioners of the Customs and Excise, accordingly."

Ordinance for 12,000£. for Powder, &c.

"Whereas both Houses of Parliament have given Commission to several Persons for the making of Saltpetre in the several Ports of the Kingdom, and contracted for the same to be converted into Powder for the Use of the State: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the Receipts of the Grand Excise or new Impost are hereby chargeable and charged with the Sum of Twelve Thousand Pounds, to be paid, as the same shall fall due in Course, unto such Person or Persons as the Committee for Powder, Match, and Bullet, or any Five of them, shall order and appoint; and the Commissioners of Excise are hereby required to take Notice hereof, and make Payment of the same, accordingly: And be it further Ordained, That the said Committee, or any Five of them, shall have Power to take up Monies at Interest, not exceeding Eight per Cent. upon the Credit of this or any former Ordinance for Powder, Match, and Bullet; and the Order of the said Committee for such Interest, as for the Principal, shall be a sufficient Warrant to the Commissioners of Excise to pay the same."

Ordinance to continue the Duty for Relief of Captives at Algiers, &c.

"The Lords and Commons assembled in Parliament, intending to carry on that so pious a Work of the releasing of those distressed Captives taken by Turkish, Moorish, and other Pirates, to some good Conclusion; and for that Purpose they have sent away Dispatches for Algeir: But finding that the Monies already collected, or which may be collected by virtue of the Ordinances already granted, for the receiving of One Fourth Part of One per Cent. imposed on all Goods and Merchandizes, and appropriated to that Use, will not perfect the Work without Continuance of the said Duty; do therefore Order and Ordain, That the Ordinance of Parliament, of the 7th of July, One Thousand Six Hundred and Forty-five, which expires the 11th of December, One Thousand Six Hundred Forty-fix, for the collecting of the said Duty and Imposition of One Fourth Part of One per Centum, which is One Shilling in every Twenty Shillings paid for Custom and Subsidy, according to the now Book of Rates established by Authority of this present Parliament, upon all Goods and Merchandize exported out of, and imported into, this Kingdom of England, and Dominion of Wales, and Port and Town of Berwicke, for the Relief of the said distressed Captives, and every Clause and Article therein contained, shall be observed, stand, and continue, in full Force and Power.

"And it is further Ordained, That the Chamberlain of London, his Deputy or Deputies, and every of them, shall be saved harmless and indemnified for whatsoever Act or Acts they shall do in Execution of this Ordinance, according to the Clause of Indemnity in the Ordinance of the 28th of January, 1644.

"Provided, That this Ordinance shall continue until the 11th of December, in the Year of our Lord 1647, and no longer."

E. of Westmorland's Answer to Mr. St. John's Petition.

"My Answer to a Petition exhibited by John St. John Esquire to the Lords House.

"For the Lease, I acknowledge the letting thereof: But that he paid his Rent (being Four Hundred and Fifty Pounds per Annum) until I went to the King, I deny; for I have not received One Penny of it from him since Michaelmas 1641.

"What he suffered for adhering to the Parliament by the Neighbour Garrisons was not by my Means procured, nor in my Power (I being then a Prisoner) any Ways to prevent. As for his Stock, I am credibly informed that it will be proved he lost little or none, but sold most of it off.

"That it was sequestered, I never heard until now; but only that the Committee had seized upon it to make Money for Taxes due and unpaid, which was by Mr. St. John's Default, who ought to have paid Taxes, and deducted them out of the Rent.



House adjourned till 10a cras.


  • 1. Origin. 120,000-Vide postea, p. 564; and Journals of the H. C. Vol. IV. p. 720.
  • 2. Deest Originali.