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 Jovis, 3 Junii.
PRAYERS, by Mr. Delmy.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Gallop's Ordinance to have the Benefit of the Articles of Portland.
The Ordinance concerning Captain Gallop to have (fn. 1) the Benefit of the Articles made by the Vice Admiral, at the Surrender of Portland Castle, was (fn. 2) read the Second and Third Time, and Agreed to; and Ordered to be sent to the House of Commons for their Concurrence therein.
Report for Morley to be re-admitted to the Living of Wotton Courtney.
The Lord North reported, from the Commissioners at Gouldsmithes Hall, a Paper to certify, " That John Morley, of Wotton Courtney, in the County of Som'sett, Clerk, hath taken the National Covenant and Negative Oath, and hath (fn. 3) compounded with them for his Delinquency and Estate, and hath fully paid the Fine imposed on him for the same."
Hereupon it was moved, "That the said John Morley may be admitted and restored again into the said Living out of which he was put out."
It is Ordered, That this Business be considered when the Ordinance for Discharge of the Sequestration of the said John Morley comes to pass this House.
Message from the H. C. with an Ordinance.
A Message was brought from the House of Commons, by Mr. Gott; who brought up an Ordinance for the raising of Forty-two Thousand Pounds, and for Explanation of the Ordinance for raising of the Two Hundred Thousand Pounds for the Service of England and Ireland.
Read Thrice, and Agreed to; and Ordered to be printed and published
(Here enter it.)
The Answer returned was:
That this House agrees to this Ordinance now brought up.
Parnacot and Tate, in Error.
Ordered, That the Errors between Humphry Parnacott and Hester Tate shall be argued, by Counsel on both Sides, the 16 June Instant.
Message from the H. C. with Ordinances;
A Message was brought from the House of Commons, by Sir Wm. Lewis, &c.; who brought up divers Ordinances, wherein they desire their Lordships Concurrence.
and to sit P. M.
2. To let their Lordships know, that (fn. 4) the House of Commons intends to sit this Afternoon, about some important Business that is before them; and desires their Lordships would please to sit likewise, if it may stand with their Lordships Conveniency.
The Answer returned was:
That this House will sit this Afternoon: To all the rest, they will send an Answer by Messengers of their own.
Orders for Concurrence.
The Order for paying Three Thousand Pounds to the Widows, &c. was read, and Agreed to
(Here enter it.)
The Order for a Month's Pay to be given to the Soldiers that are drawn out for Ireland, was read, and Agreed to. (Here enter it)
Information that the Army have a Design of taking the King from Holdenby.
This Day John Harris, Servant to John Crewe Esquire, was called in; and, at the Bar, gave the House this Account: "That he was sent from the Commissioners at Holmeby, to give the House Notice, that Yesterday the Commissioners had Information, that the Army had a Design to take away the King from Holdenby; and that last Night there came Seven Hundred Horse to Kingstrop, near Holdenby: That he, coming away, was searched by the said Troopers, though they knew him to be Mr. Crewe's Man: That the Commissioners dare not send any Letters, lest they be intercepted."
Committee sent to the Army, return without seeing it disbanded.
The Earl of Warwicke and the Lord Lawarr gave the House this Account: "That the rest of the Commissioners sent from the Houses are returned, according to the Order of the Houses; but they have not (fn. 5) disbanded the Foot in the Army, in regard the Army was in a Distemper, and did march away from the Place of Rendezvous."
Order for 3000 l. for poor Wives and Widows.
"Ordered, by the Lords and Commons assembled in Parliament, That Three Thousand Pounds, Part of the Ten Thousand Pounds reserved by both Houses to be paid out of the Receipts at Gouldsmiths Hall for the Supply of indigent Persons, be forthwith paid, by the Treasurers at Gouldsmiths Hall, to the Committee of The Military Garden, to be paid by the said Committee to Wives and Widows who have long attended for their Arrears, and whose Accompts remain in the Custody of the Committee of The Military Garden, towards Satisfaction of the Arrears demandable by them, according to the Instructions lately passed both Houses for taking the Accompts of the Kingdom; and that the Acquittance under the Hand of the said Committee, or such as they shall appoint to receive the same, shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for Payment of the said Sum of Three Thousand Pounds accordingly."
Order for a Month's Pay for the Forces that engage for Ireland.
(fn. 5) "Ordered, by the Lords and Commons in Parliament assembled, That the Committee for the Affairs of Ireland at Darby House shall have Power to give Warrant [to the Treasurers at Weavers Hall] for a Month's Pay to be issued and paid [to Sir John Wollaston, and the rest of the late Treasurers of the Army, to be by them paid] to those Forces that are drawn off from the Army, and are engaged for Ireland; and that they [the said late mentioned Treasurers] do take Care that their Quarters be paid, according to usual Proportions; and that the Committee of the Army do take Care to send a Muster-master down to them, that they may be paid upon Muster; the which Month's Pay is to be accompted as Part of their Pay upon their Entertainment in the Service of Ireland."
Cook and Harvey in Error.
Ordered, That the Errors between Cooke and Harvey shall be argued, by Counsel on both Sides, at this Bar, the 15th Instant.
Deerham and Wise, D°.
Ordered, That the Errors between Deereham and Wise shall be argued, by Counsel on both Sides, at this Bar, the 15 Instant.
(fn. 7) "Die Jovis, 3 Junii, 1647.
"An Ordinance of the Lords and Commons assembled in Parliament, for the raising and securing of Forty-two Thousand Pounds, for the Payment of the Guards of the City of London, and for Re-payment of such poor Persons as have voluntarily contributed any Money, Plate, &c. upon the Propositions (not exceeding the Sum of Ten Pounds) in the Year 1642, and are not able to double the same; as also for Explanation of the former Ordinance, for raising of Two Hundred Thousand Pounds, for the Service of this Kingdom and the Kingdom of Ireland.
Ordinance for raising 42,000 l. for the Payment of the City Guards; and to explain the One for borrowing 200,000 l. of the City.
"The Lords and Commons assembled in Parliament, intending to raise the Sum of Forty-two Thousand Pounds, for the Uses herein after expressed, do hereby Declare and Ordain, That every Person who hath advanced any Monies, Plate, or Horse, with their Furniture and Arms, or hath lent any Monies for or upon any the particular Occasions or Services mentioned in the late Ordinance, intituled, " An Ordinance of the Lords and Commons assembled in Parliament, for securing of all those that shall advance Two Hundred Thousand Pounds, for the Service of this Kingdom, and of the Kingdom of Ireland;" that such Persons may, for every Sum of Money which they shall further lend, for or toward the Advancement of the aforesaid Forty-two Thousand Pounds, be secured a like Sum more, to be paid out of the Grand Excise, and all other the several Securities given and assured by the said late Ordinance, and in such Manner as is therein and thereby provided and appointed, which of them shall first happen, together with the Interest due thereupon, after the Rate of Eight per Cent. per Annum, till Principal and Interest be fully discharged, in Course, after the former Engagements for which the Grand Excise and all other the said several Securities now stand engaged, be fully satisfied and discharged; as for Example, if there be owing to any Person One Hundred Pounds Principal, which, with the Interest thereupon for Three Years past, will make One Hundred Twenty-four Pounds, he, adventuring One Hundred Twenty-four Pounds more, shall be secured, as is aforesaid, for the whole Two Hundred Forty-eight Pounds, and so proportionably for a greater or lesser Sum, and according to the Interest due thereupon; and also that he shall be paid his Interest, which shall be then due, after the Rate of Eight per Cent. per Annum, every Six Months, out of the Receipt of the Grand Excise.
"And the said Lords and Commons do hereby Declare and Ordain, That Sir John Wollaston Knight and Alderman of London, and the rest of the Trustees for the Sale of Bishops Lands, appointed by an Ordinance of Parliament, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the lessening of the Number of the Trustees for the Sale of Bishops Lands," and the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall stand and be seised of all and singular the Counties Palatine, Honours, Manors, Lands, Tenements, and Hereditaments, and other the Premises settled and vested in them and their Heirs and Assigns in and by the said Ordinance, excepting as is therein excepted; and shall take and receive all the Rents, Revenues, Issues, and Profits, hereafter due and payable for the Premises, or any Part of them, until Sale shall be made of the same, to the Uses, Intents, and Purposes, herein after mentioned and declared, after the former Sums lent and secured thereupon, or which are to be satisfied and paid out of the same, shall be fully satisfied and discharged; and that John Blackwell Senior, of Mortlake, in the County of Surrey, Esquire, and the rest of the Contractors for Bishops Lands, and William Gibbs Alderman of London; and the rest of the Treasurers formerly appointed for receiving the Monies which shall arise upon the Sale or Proceed of Bishops Lands, and John Fowke Alderman of London, Comptroller, and his Deputy or Deputies, and Henry Elsynge Esquire, Clerk of the House of Commons, Register, and his Deputy or Deputies, and Colonel Robert Manwaring, Register Accomptant, shall continue in their said several Trusts, Offices, and Places, respectively; and shall hereby have Power severally and respectively to do all other Acts and Things, as in and by the said first-recited Ordinance, or any other Ordinances, Declarations, or Instructions of Parliament, heretofore in that Behalf made, they, every or any of them respectively, are authorized, directed, and appointed, to act or do, excepting what is otherwise directed in and by this present Ordinance, until Sale shall be made of the Premises, to the Uses, Intents, and Purposes, herein after mentioned; and also that James Bunce Alderman of London, and Richard Glyde and Lieutenant Colonel Lawrence Bromfield Citizens of London, shall be and continue Treasurers, for the receiving and paying out of the said Forty-two Thousand Pounds hereby intended to be raised, which they shall do at Weavers Hall, in London, or any other Place where they or the major Part of them shall think fit; and shall do, act, and execute, all other Acts and Things whatsoever, for or concerning the receiving and paying of the said Forty-two Thousand Pounds, as fully and amply, and in such Manner respectively, as is by the said first-recited Ordinance appointed and declared, for and concerning the receiving and paying of the said Two Hundred Thousand Pounds therein mentioned; and that the aforesaid Robert Manwairing shall be Register Accomptant of all and singular the Accompts and Registries, and do and execute all Acts and Things concerning all and singular the Premises mentioned and contained in this present Ordinance respectively, as fully and amply, and in such Manner and Form, as is formerly ordained and appointed by the said first-recited Ordinance, or any other Ordinances heretofore made in that Behalf respectively; and that the said James Bunce and the rest of the Treasurers before named, and the said Robert Manwaring, and their respective Clerks, shall have and receive the same respective Allowances and Salaries continued, allowed, and paid unto them respectively, for this present Service, as in and by the former Ordinances is limited and appointed to them, for the like respective Services therein expressed and required; and that all Persons who have voluntarily lent any Monies, Plate, or Horse, with their Furniture and Arms, upon the Propositions, by virtue of any Ordinance, Declaration, or Instruction, of both Houses of Parliament, shall have the same allowed, in such Manner, and upon such Certificates, and shall have all such Benefits and Advantages, as in and by the said late Ordinance is expressed and appointed; and that it shall and may be lawful to and for every Person or Persons to whom any Money is owing upon the Public Faith, or otherwise as is aforesaid, or any who shall have any Monies due to him or them by virtue of this present Ordinance, to grant or assign his or their said Debts, or any Part thereof, to any other Person or Persons whatsoever; and that such Assignees shall have all such Benefits and Advantages thereof, and thereupon, as in and by the said first-recited Ordinance is granted and allowed; and that every Person and Persons, who shall lend any Monies upon this present Ordinance, shall be demeaned in like Manner, and shall have all such Benefits and Advantages whatsoever, by Defalcation upon Purchases, in Course, after the former Engagements shall be fully satisfied and discharged, or otherwise, as fully and amply, and in such Sort and Manner, as by the first-recited Ordinance is granted and allowed; and that every Person or Persons, who shall wittingly and willingly produce, and bring in to the Register Accomptant, any forged Acquittance or Certificate, shall undergo such Penalty as in and by the said Ordinance is declared and appointed; and that every Person or Persons, who shall have his Ticket allowed and entered by the Register Accomptant in his Book, and shall not bring in his Money thereupon, according to this present Ordinance, within Eight Days after such Entry, to the Treasurers hereby appointed for the same, shall undergo such Penalty as in and by the said Ordinance is declared and appointed.
"And the said Lords and Commons do hereby Declare, Ordain, and Appoint, That the said Treasurers shall pay Twelve Thousand Pounds, Part of the said Forty-two Thousand Pounds to be advanced upon this Ordinance, unto the Committee of the Militia of the City of London, or such as they or any Nine of them shall appoint, to be disposed by the said Committee, or any Nine of them, for and toward the Paying of the Arrears already due for the Guards of the said City, or which shall hereafter become due for the same, and such other requisite Charges as may concern the same; and that the Warrant of the said Committee, or any Nine of them, in Writing under their Hands, to the said Treasurers, for the Payment of the said Forty-two Thousand Pounds, or any Part thereof, shall be a sufficient Discharge to the said Treasurers for the same; and that Thirty Thousand Pounds, being the Residue of the said Fortytwo Thousand Pounds, shall be paid to such poor Persons as have voluntarily contributed any Monies, Plate, or Horse, with their Furniture and Arms, upon the Propositions in the Year 1642, and are not able to double the same, not exceeding the Sum of Ten Pounds to any One such poor Person, in such Manner as shall be hereafter directed and appointed by both Houses of Parliament; and that the Warrant of such who shall be thereunto hereafter appointed by both Houses of Parliament, in Writing under their Hands, shall be a sufficient Discharge to the said Treasurers for the same.
"And the said Lords and Commons do hereby Declare and Ordain, That the said Forty-two Thousand Pounds shall not be disposed or employed, nor paid out by the said Treasurers, to any other Uses or Purposes than such as is herein before limited and appointed.
"And be it further Declared and Ordained, That the said Treasurers shall receive all Sums of Money due and payable out of any the Securities aforesaid, from the Hands of the Treasurers there already appointed, or who hereafter shall be appointed; and as they shall receive the same (deducting Charges and Allowances) shall again pay out and divide such Monies to the Lenders, by One Fourth Part of their whole Debt that shall be owing to them, in Course as they did pay in their Money, with the Interest then due; and so from Time to Time till the Whole be paid: And that the said Treasurers shall keep true and perfect Accompts of all Receipts, Disbursements, and Payments, of or concerning the said Forty-two Thousand Pounds; and shall give in their Accompts to the Committee for taking the Accompts of the whole Kingdom for the Time being, who are hereby required to take the same every Six Months, and thereupon to give Discharges to the said Treasurers; and, after such Discharges, the said Treasurers shall not be further questioned for or concerning any of the Matters for which they have had and received such Discharges: And the Commissioners of the Grand Excise are hereby required and authorized to pay unto the said Treasurers, every Six Months, all such Interest as shall be then due for any Sum or Sums of Money lent upon this Ordinance, upon their Certificate thereof in Writing, in such Manner as is expressed and appointed in the said first-recited Ordinance, concerning the Interest due, or to be due, according to the said Ordinance; and that the said Commissioners of Excise, and the respective Treasurers of any the Treasuries or Receipts hereby engaged for the Securities aforesaid, shall respectively, from Time to Time, pay, unto the Treasurers hereby appointed for that Purpose, all and every Sum or Sums of Money due and payable by this present Ordinance, which shall come to and be in their said Treasuries or Receipts, in Course as is aforesaid; and the Receipts of the said Treasurers hereby appointed, or any Two of them, shall be a sufficient Discharge to the said Commissioners of Excise, and the Treasurers of the said several Treasuries and Receipts, respectively.
"And be it further Ordained, That no Grant or Assignment hereafter to be made upon the Receipts of the Grand Excise, or any of the aforesaid Securities, shall precede this present Ordinance; whereof the said Commissioners and respective Treasurers are to take Notice accordingly.
"And it is further Ordained, That the Excise and New Impost mentioned in the Ordinance of the Eleventh of September, 1643, or any Ordinance or Ordinances of this present Parliament made in Explanation or Continuance thereof, shall be continued, taken, and put in due Execution, until such Time as all Sums of Money payable by virtue of this present Ordinance shall be paid and satisfied.
"And it is also Ordained, That this present Ordinance, and every Article, Clause; and Thing therein contained, shall be pleadable, and may be given in Evidence, in any of His Majesty's Courts of Justice, or other Courts; and the Judges of the said Courts are hereby required to allow and admit thereof accordingly.
"Provided always, That all such Sums of Money as shall be lent upon this present Ordinance, with the respective Tickets or Receipts of Money formerly lent, as is aforesaid, which shall be thereby doubled, shall be secured as is aforesaid, although the full Sum of Forty-two Thousand Pounds shall not be advanced (as is intended).
"And for a further Explanation, and better putting in Execution as well of the aforesaid late Ordinance as of this present Ordinance, the said Lords and Commons do hereby Declare and Ordain, That the said James Bunce Alderman, and the rest of the Treasurers, or any Two of them, are hereby authorized and required to give Receipts to the Parties who have lent, or shall lend, any Money toward the raising of the aforesaid Two Hundred Thousand Pounds, or the said Forty-two Thousand Pounds, both for the Sum or Sums now lent, or to be lent in ready Money, and the like former Sum or Sums due upon the Public Faith, or otherwise, according to the said Ordinances, and ascertained by the said Robert Manwaring, which are or shall be doubled by them; which Receipts, given by the said Treasurers, or any Two of them, for the said Two Hundred Thousand Pounds, and such Receipts as are to be given for the said Forty-two Thousand Pounds, shall be a sufficient Ground to such Persons to whom the same are or shall be given, their Executors, Administrators, and Assigns, to require and receive the same; and also that the said Treasurers shall pay unto the said Lenders, in Course, every Six Months, the Interest which shall be then due by the said Ordinance, or this present Ordinance, after the aforesaid Rate of Eight per Cent. out of such Monies as they shall then have received; and further, that the said Treasurers, or any of them, shall have free Liberty and Power, from Time to Time, as Occasion shall require, to peruse and examine the Books of Receipts and Disbursements of the several Treasurers and Commissioners of the said Treasuries and Receipts engaged for the Security aforesaid, to the End that they may see and find out what Sum and Sums of Money are or shall be come into the said Treasuries and Receipts, towards the Re-payment of the Monies which are or shall be due and payable by the said Ordinances: And the Treasurers and Commissioners of the said Treasuries and Receipts engaged for the Security aforesaid are hereby required to shew unto them their said several Books of Receipts and Disbursements, and to suffer them to peruse and examine the same; and shall also, from Time to Time, pay unto them such Monies due and payable by the said Ordinances which shall be then received, and come into their said Treasuries and Receipts, for the Repayment of the Principal and Interest of the Sums due by the said Ordinances.
"And lastly, be it Declared and Ordained, That the Committee of Lords and Commons formerly appointed, for the allowing of incident Charges to the former Treasurers appointed by the Ordinance for the Sale of Bishops Lands, or any Five of them, shall have Power and Authority to allow the like incident Charges to the said James Bunce and the rest of the Treasurers respectively.
"Provided always, That the aforesaid Sums of Ten Pounds, or under, intended for the Re-payment of poor Persons, shall be paid only to such poor Persons, or for their proper Use and Benefit, and not to any Persons who have bought or shall buy of them any such Tickets or Receipts as if aforesaid.
"Die Jovis, 3 Junii, 1647.
"Ordered, by the Lords assembled in Parliament, That this Ordinance be forthwith printed and published.
House adjourned till 3a post Meridiem.
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
E. of Kildare's Petition.
Upon reading the Petition of the Earl of Kildare: It is Ordered, To be recommended to the House of Commons.
Charge against Sir J. Norris, for using the Public Money.
A further Charge was brought in against Sir John Norris: And it is Ordered, That he shall put in an Answer to the former Charge and this altogether.
Further Information of the Design of the Army; to remove the King from Holdenby.
John Harris was again sent for in, and, upon his Oath, gave an Account, "That he was sent from some of the Commissioners with the King at Holdenby, to the Earl of Manchester and Mr. Holles; and that the Commissioners had Information, by a Soldier that came with the Horse from the Army, that those Horse at Kingstropp were to fetch away the King from Holdenby: That, before he came away, Colonel Graves had drawn all the Guards in, and had shut up the Gates: That there are not the usual Guards there as formerly was; for, when he came away, there was not above Fifty or Sixty Horse: That he received Letters in the Lord Mountague's Chamber, to bring to London; but, understanding that the Soldiers did take away Letters, thereupon the Letters were taken away from him by Sir John Coke, Mr. Crewe, and Major General Browne: That he received a Post Warrant from the Lord Mountagu and Mr. Crewe, to come to London."
Next, Sir Thomas Fairfax' Two last Letters were again read.
Letter to Sir T. Fairfax, desiring him to come up.
"Resolved, upon the Question,
"That a Letter be sent to Sir Thomas Fairefax, to come up to London, that so this House may be more fully informed of him of the Distempers and Dissatisfactions of the Army; and be advised of the best Way how they may receive Satisfaction, and the Distempers of the Army appeased."
Accordingly a Draught of a Letter was drawn up, and read; and Agreed to upon the Question.
Message to the H. C. withit.
Ordered, That this Letter be sent to the House of Commons, for their Concurrence therein.
And accordingly it was sent down, by Sir Edward Leech and Mr. Page, to the House of Commons; and their Concurrence desired.
House adjourned till 9a cras.