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 Lunæ, 19 die Julii.
PRAYERS, by Mr. Chambers.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. La Warr.
Langham & al. and Lymbrey & al.
This Day the House heard Mr. Justice Godbold, Mr. Justice Rolls, Mr. Baron Atkins, and Mr. Justice Pheasant, make their several Arguments, to shew upon what Grounds they delivered their Opinions, in the Case referred unto them between Langham, &c. and Lymbery, &c.
It is Ordered, That Mr. Baron Trevor and Mr. Justice Bacon shall be heard to argue To-morrow Morning.
Message from the H. C. with an Ordinance;—about the One for the Army Committee to bring in the Arrears; and about disbanding the Forces that came from the Army.
A Message was brought from the House of Commons, by Sir Henry Vane Senior; who brought up divers Particulars, in which their Lordships Concurrence is desired:
1. An Order for all the Land Forces in the Pay of the Parliament to be put under the Command of Sir Tho. Fairfax.
2. An Ordinance for rectifying a Mistake in a late Ordinance for Thirty Thousand Pounds for Ireland.
(Here enter it.)
3. To put their Lordships in Mind of the Ordinance for the Committees of the Army to bring in the Arrears for the Army.
4. To put their Lordships in Mind of the Votes formerly brought, for the Disbanding of those Forces that came off from the Army.
Order for all the Parliament's Forces to be under the Command of Sir T. Fairfax:
The Order for all Land Forces that are under the Pay of the Parliament may be put under the Command of Sir Thomas Fairefax Knight, was read.
And the Question being put, "Whether to go on in the Debate of this Order brought from the House of Commons now, or not?"
It was Resolved in the Affirmative.
The House was adjourned into a Committee of the whole House during Pleasure.
After Debate, the House was resumed.
And then the said Order was read the Third Time.
And the Question being put, "Whether to agree to this, as it is now read?"
It was Resolved in the Affirmative.
Protest against it.
Memorandum, That these Lords following, before the putting of the aforesaid Question, desired Leave to enter their Dissents, if the Question were carried in the Affirmative: Which being granted, they do accordingly enter their Dissents, by subscribing their Names.
The Answer returned was:
Answer to the H.C.
That this House agrees to the Order for putting all the Forces under the Command of Sir Thomas Fairefax, and also to the Order for the Seven and Twenty Thousand Pounds: To the rest, they will send an Answer by Messengers of their own.
Answer from thence.
Sir Edward Leech returns with this Answer from the House of Commons:
That they agree to the Order for pardoning Captain Borras: (Here enter it.) To all the rest, they will send an Answer by Messengers of their own.
Letter from the Commiss. with the Army.
A Letter from the Commissioners with the Army was read. (Here enter it.)
Order about Pembrooke College.
An Order was brought in, for suspending the Election of the Master of Pembrooke Colledge, in Oxon, upon the Death of Doctor Clayton; which was read, and Agreed to. (Here enter it.)
Message to the H. C. with the Earl of Pembrooke's Ordinance; to be Chancellor of Oxford.
A Message was sent to the House of Commons, by Doctor Aylett and Mr. Sadler:
1. To desire their Concurrence in an Ordinance for restoring the Earl of Pembrooke to be Chancellor of Oxford.
Order for 27, 362 l for Ireland.
"Be it Ordained, by the Lords and Commons in Parliament assembled, That Alderman Bunce and the rest of the Treasurers at Weavers Hall do forthwith pay, out of the Two Hundred Thousand Pounds by them lately received, unto such Person or Persons as the Committee for the Affairs of Ireland at Darby (fn. 1) House shall appoint to receive the same, the Sum of Twenty-seven Thousand Three Hundred Sixty-two Pounds, being the Remainder of Forty Thousand Pounds by former Order of both Houses appointed for the Service of Ireland; and that the Acquittance of such Person or Persons as shall by the said Committee be appointed to receive the same shall be a sufficient Warrant and Discharge to the said Treasurers at Weavers Hall, for the Payment of the said Sum of Twenty-seven Thousand Three Hundred Sixty-two Pounds accordingly: Provided always, and be it Ordained, by the Authority aforesaid, That the Ordinance for Thirty Thousand Pounds for the Affairs of Ireland, bearing Date July 16th, 1647, be hereby made void, to all Intents and Purposes."
Order for all the Parliament's Forces to be under the Command of Sir T. Fairfax.
"Ordered, by the Lords and Commons assembled in Parliament, That all the Land Forces, within the Kingdom of England, Dominion of Wales, and the Isles of Guernesey and Jersey, under the Pay of the Parliament, shall be under the immediate Command of Sir Thomas Fairefax, in order to the Security and Peace of the Kingdom, the Reducing of Ireland, and Disbanding of such as shall be thought fit by both Houses."
Order for pardoning Borros.
(fn. 2) "Ordered, by the Lords and Commons assembled in Parliament, That John Borros shall be pardoned of his Offences of Felony, whereof he stands indicted by several Indictments: And it is hereby further Ordered, That the Commissioners of the Great Seal shall pass a Pardon under the Great Seal accordingly."
Order for suspending the Choice of a Master of Pembrook College.
Whereas Thomas Clayton, Doctor of Physic, and Master of Pembrooke Colledge, Oxon, is lately deceased; and whereas the Fellows of the said College have affixed to their said College-gate a Signification of their Purpose to choose a new Master, in the room of the said Doctor Clayton, by a Day suddenly too: Now, for that the said College is not yet visited, according to the Purpose of the Parliament, whereby it might be purged of the ill Members; and in respect the intended Master and the Majority of the Fellows are supposed to be such Persons as the Parliament can no ways conside in; it is therefore Ordered, by the Lords in Parliament assembled, That the said Fellows forbear to make Choice of a new Master, in the room of the said Doctor Clayton, until the Pleasure of this House be further understood.
Letter from the Commissioners with the Army, about the Treaty.
"For the especial Service of the Parliament.
"For the Right Honourable Edward Earl of Manchest'r, Speaker of the House of Peers. These.
"Haste, Haste, Post Haste.
"May it please your Lordship,
"By our last of the 15th Instant, we made bold to acquaint you, that, having daily press'd the proceeding on in the Treaty, we had Word sent unto us late that Evening, that we should receive their Answer some Time the next Day; and now, late this Evening, Commissary General Ireton and several other Officers of the Army came and acquainted us, "That the General and Officers took Notice of a Vote passed in the House of Commons Yesterday, concerning the putting of all the Land Forces now in the Parliament's Pay under the immediate Command of Sir Thomas Fairefax;" which is looked upon by them as an Expression of great Trust which that House is pleased to repose in the Army; and hoped it would lay the Foundation of further Confidence, and of that which will tend to the Security and Peace of the Kingdom; and that, for the present, it had occasioned some Alteration in a Paper they intended for us this Night." And withal told us, "That the Proposals which they were preparing for the Settlement of the Peace of the Kingdom had been much interrupted by their long Sitting in the Council of War for these Two Days last past, upon the Consideration of several Things thought necessary for present Security; some Particulars thereof not being yet cleared."But further acquainted us, "That most of the Heads of those Proposals were written, but neither agreed on nor amplisied as was necessary, and as they intended." They read these Heads unto us, to let us see what Progress they had made; and that their Thoughts had been intent upon the general Settlement of the Peace of the Kingdom; and said, "They hoped within Five or Six Days to have them in Readiness to be delivered unto us."
"In the mean Time, we thought it our Duty to give your Lordship this Account. We rest
Reading, the 18th of July, 1647, past 12 at Night,
House adjourned till 10a cras.