Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 16 die Aprilis.
PRAYERS, by Dr. Hoyle.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Captain Forest, a Pass beyond Sea.
Ordered, That Captain Forrest shall have a Pass, to go to the Isle of Sterlinge, in New England.
Captain Stratton to be attached, for quartering Men in the E. of Salisbury's House.
Upon Affidavit made at Bar this Day, by Henry Rattin, Bailiff of the Earl of Sarum, "That, upon Saturday the 10th of April Instant, he shewed Captain Wm. Stratton a Copy of the Order of this House, for Exemption of the Earl of Sarum' Houses from Quartering of Officers and Soldiers, who thereupon did forbear to send any Soldiers to quarter at the said Earl's House till Wednesday the 14th of this Instant, upon which Day a Ticket was delivered unto him from Captain Wm. Stratton, and with it came about Twenty Soldiers, peremptorily requiring Quarter in the House of the said Earl of Sarum, at Quickswood, in the County of Hertford, for Four of their Company; for which he was forced to provide at an Inn, having no Recommendation for them: That the said Henry Rattin shewed the Order of this House to the said Captain Wm. Stratton; and he answered, They must be quartered there."
The House taking this as a high Contempt to the Order and Authority of this House; Ordered, That the Gentleman Usher attending this House shall attach the Body of the said Captain Wm. Stratton, and bring him before the Lords in Parliament, to answer the Contempt.
Votes for slighting Garrisons, and disbanding Forces.
Next, the Votes of the House of Commons, concerning the slighting Garrisons in the Kingdom of England and Dominion of Wales, were read.
Latham House is not agreed to.
"Ordered, That all the Foot of the Northern Association, excepting such as are appointed to be detained in the Garrisons, be forthwith disbanded."
"Ordered, by the Lords and Commons, That all the Foot throughout the Kingdom of England and Dominion of Wales, excepting such as are to be kept in the Garrisons, and are to be employed in the Service of Ireland, be forthwith disbanded."
To all the rest of the Votes; it is Ordered, That they be referred to these Lords following, to make Alterations therein, according to the Sense of the House; and report the same to the House:
L. Viscount Say & Seale.
Any Three, to meet when they please.
Message from the H C for a Conference on the Ordinances for regulating Oxford University, and the London Militia;
A Message was brought from the House of Commons, by Denzell Holles Esquire:
1. To desire a Free Conference, by a Committee of both Houses, touching the Ordinance for regulating the University of Oxford.
2. To desire a Conference, concerning the Ordinance for the Militia of the City of London.
3. An Ordinance concerning Mr. Robert Reynolds. (Here enter it.)
with Ordinances for Concurrence;
4. An Ordinance concerning the taking off Mr. Aylett's Delinquency.
5. An Ordinance concerning the Lady Brooke, to whom the Houses formerly intended Four Thousand Pounds (fn. 1), which she is likely to be defeated of the Fruit of, in regard that Sir John Brooke hath compounded for his Delinquency, unless this Ordinance be passed; the Care of which Business the House of Commons have recommended to the Commissioners at Gouldsmithes Hall, and desire their Lordships Concurrence therein: And as they have appointed Mr. John Ash, a Member of their House, to acquaint the Commissioners herewith, so they desire their Lordships would please to appoint some Members of this House to do the like.
6. To put their Lordships in Mind of passing the Ordinance (fn. 2) concerning the East India Company.
and for the Committee for Irish Affairs to sign Orders for Money for that Service;
7. To let their Lordships know, that the House of Commons have enjoined the Members of their House that are of the Committee for the Irish Affairs sitting at the Star-chamber, to sign some Orders for the issuing out of Monies; for Want whereof, the Business of Ireland is much retarded: And they desire this House would please to enjoin the Members of this House that are of that Committee, to meet and sign those Orders.
Ordered, That the Members of this House, of the Committee for the Affairs of Ireland sitting at Starch . . . . . are hereby enjoined to meet this Afternoon, and . . . . the Orders for issuing out of Monies for Ireland.
The Answer returned was:
That this House doth appoint a present Free Conference, in the Painted Chamber, touching the regulating of the University of Oxford: They do likewise appoint a present Conference, in the Painted Chamber, concerning the Ordinance touching the Militia of the City of London: That this House agrees to the Ordinance for Four Thousand Pounds to the Lady Brooke, and to the Ordinance concerning Mr. Reynolds: That this House hath enjoined their Members, that are of the Committee for the Affairs of Ireland sitting at the StarChamber, to meet this Afternoon, and sign those Warrants.
To all the rest of the Particulars, this House will return an Answer by Messengers of their own.
Rules for Regulation of Trade.
Ordered, That these Lords following are appointed to hear Merchants, and consider of General Rules for the Regulating and Ordering of Trade in General; and have Power to send for such Persons as they shall think fit, to inform them, and to report the same to this House:
L. Viscount Say & Seale.
Any Five, to meet on Wednesday next, at Three of the Clock in the Afternoon; and to adjourn themselves from Time to Time, as they shall think fit.
Message to the H. C. with the Ordinance about the Court of Wards Compositions.
A Message was sent to the House of Commons, by Sir Edw. Leech and Doctor Aylett:
To deliver to them an Ordinance concerning the Court of Wards and Liveries, and desire their Concurrence therein.
Betty and Baker.
Upon reading the Petition of Henry Betty; It is Ordered, that Michaell Baker shall have a Sight of this Petition, and return his Answer thereunto.
Walker's Petition about his News Paper.
Upon reading the Petition of Henry Walker; desiring, "That some Persons may be deputed by this House, to peruse his Occurrences of News before he prints them:"
Ordered, To be respited for a few Days.
Order for Mr. Eltenhead to have the Seal of S. Wales.
An Order, That Mr. Eltenhead shall have the Judicial Seal for South Wales delivered to him from Sir Marmaduke Lloyd, was brought in, and read, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence therein.
Sent to the H. C.
And accordingly it was sent down to the House of Commons, for their Concurrence, by Sir Edw. Leech and Doctor Aylett.
The House of Commons being ready for the Conference, the Lords went to the Conference.
The House was adjourned during Pleasure.
The Conference being ended, the House was resumed.
And it is Ordered, That the Report of this Conference shall be made on Tuesday Morning next.
Ordered, That the Report of the Matter of the last Conference shall be made now.
Woodcock to be bailed.
Ordered, That Woodcocke, now in the Custody of the Gentleman Usher, shall be bailed, to be taken by the Gentleman Usher to appear before this House within Ten Days Notice.
Report of the Conference on the Ordinance for regulating Oxford University;
The Speaker reported the Matter of the last Conference:
"1. Concerning the Ordinance for regulating the University of Oxford; touching which, the House of Commons do adhere to their Resolution of adding more Members of their House to the Number of Lords which were added, because, their Lordships having receded from all Additions therein, they conceive the Persons named therein are no more Commissioners, but Committees; and that it is a Right to the House of Commons to have a Double Number in Committees."
Ordered, That this Business be put off till Tuesday Morning next.
and on the One about the London Militia.
"The Second Part was, concerning the Ordinance concerning the Militia of London, which formerly was sent down to the House of Commons, wherein they have made Alterations and Additions, and desire their Lordships Concurrence therein."
The said Alterations and Additions were read.
The Question being put, "Whether to go on now in the Business concerning the Militia of London?"
It was Resolved in the Affirmative.
Ordinance to settle the Militia of London.
Then the House took into Consideration the said Ordinance, with the Additions and Alterations brought from the House of Commons.
For the better Debate thereof, the House was adjourned into a Committee of the whole House during Pleasure.
The House was resumed.
And the Question being put, "Whether to agree to this Ordinance, with the Alterations and Additions brought up now from the House of Commons, and now read?" (Here enter it.)
It was Resolved in the Affirmative.
Major Rogers sent for.
Ordered, That Major Rogers shall be brought to this House on Tuesday Morning next.
Answer to the H. C. about the Subject of the Confeferences.
The Lords went to the House of Commons, in the Painted Chamber, to give them this Answer: "That this House agrees to the Alterations and Additions in the Ordinance concerning the Militia of London; and concerning the Ordinance for regulating the University of Oxford, this House will take it into Consideration, and send an Answer."
Ordinance to settle the Militia of London, &c.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, are hereby authorized to nominate, and to present to both Houses of Parliament, such One and Thirty Persons as they shall think fit, to be a Committee for the Militia of the City of London and Liberties thereof, and all other Places within the Line of Communication and Weekly Bills of Mortality; and that the said Persons, so nominated and approved, or any Nine of them, be hereby constituted a Committee for the Militia of the City of London and the Liberties thereof, and all other Places within the Line of Communication and the Weekly Bills of Mortality, to be employed and directed, from Time to Time, in such Manner as shall be agreed and appointed by both Houses of Parliament; and that the said Committee, or any Nine of them, shall have the sole Power of ordering and disposing of the said Militia, in the same Manner and Form as the present Committee hath at the passing of this Ordinance; and that the aforesaid Power and Authority hereby granted to the said Committee shall continue for the Space of One whole Year, and no longer; and that all and every Person or Persons who have heretofore acted or done, or hereafter shall act or do, any Act or Thing whatsoever, by virtue of this or any former Ordinance or Ordinances of Parliament concerning the said Militia, shall be saved harmless and indemnified concerning the same, by Authority of Parliament: Lastly, it is hereby Ordained, That no Citizen of the City of London, nor any of the Forces of the said City or Liberties thereof, shall be drawn forth, or compelled to go out of the said City, or Liberty thereof, for the Military Service, without their Free Consent."
Order for 4000l. to Lady Brook, &c.
"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Four Thousand Pounds be bestowed upon the Lady Penelope Brooke, for the Use and Benefit of herself, and the Children of Sir William Brooke Knight, deceased in the Service of the Parliament; and that the said Sum of Four Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, in Course, and paid unto the Trustees named and intrusted in an Ordinance of 9 Octobris, 1643, for the Benefit and Advantage of the said Lady and her said Children: And the Lords and Commons do further earnestly recommend the said Condition of the said Lady and her Children to Mr. John Ashe in particular, and to the rest of the Commissioners at Gouldsmiths Hall, that she may receive some good Proportion of the said Four Thousand Pounds in Time, for the present Support and Redress of their instant Necessities, and the Remainder in Time convenient, for the future Benefit and Maintenance of her and her Children."
Order for Wayte and Hylord to pay a Debt due to Notts, to Reynolds and Hall, due by the said Notts to them.
"Whereas Mr. Roger Nott and Sir Thomas Nott do owe unto Robert Reynolds Esquire, a Member of the House of Commons, by Bond, dated the 23th Day of May, 16to Caroli, Eight Hundred Pounds, conditioned to pay Four Hundred Sixteen Pounds on the 24th Day of November then next following, whereupon remains due the Sum of Two Hundred Eighty Pounds; and also the said Mr. Nott and Sir Thomas Nott do owe unto Barthol'mew Hall Esquire, by Bond, dated the Seventh of February, 17 Caroli, Six Hundred Pounds, conditioned to pay the Sum of Three Hundred Six Pounds on the 8th of May then next following, whereupon remains due the Sum of Four Hundred Four Pounds; and whereas the said Mr. Reynolds also, and the said Mr. Hall, have discovered a Debt of Six Hundred Pounds and upwards, due by Recognizance, from Francis Wayte, of Keythorpe, in the County of Leicester, Esquire, unto the said Mr. Nott: It is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament, and by the Authority of the same, That the said Mr. Wayte, and Mrs. Hylord of London Widow (in whose Hands the Monies due upon the said Recognizance now remains), shall pay, out of the said Debt due unto Mr. Nott as aforesaid, the said several and respective Debts, with Damages, due unto the said Mr. Reynolds and Mr. Hall as aforesaid; and the Overplus thereof, if any be, to remain to the Use of the State, or otherwise to be disposed of as both Houses of Parliament shall think fit: And be it further Ordained, by the Authority aforesaid, That, upon Payment of the said several and respective Debts as aforesaid, the said Mr. Wayte and Mrs. Hylord, their Heirs, Executors, and Administrators, shall be saved harmless of and from the said Debt so due by Recognizance, and of and from all Recognizances, Statutes, Judgements, Bonds, and other Security, given for the same, or any Part thereof; and that all Statutes, Judgements, Recognizances, and Bonds, concerning the same, or any Part thereof, shall from thenceforth be vacated, and for ever made void, to all Intents and Purposes whatsoever."
Willard to be instituted to Southes.
Ordered, &c. That Doctor Heath, or his lawful Deputy, are hereby authorized and required, upon Sight hereof, to give Institution and Induction unto John Willard Master of Arts, unto the Rectory of Southeese, in Sussex, void by the Death of the last Incumbent, salvo Jure cujuscunque; the said Mr. Willard taking the National League and Covenant, and producing the Presentation thereunto under the Hand and Seal of Arthur Amherest Gentleman, the lawful Patron.
House adjourned till 10a Tuesday Morning next.