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, 19 die Martii.
PRAYERS, by Mr. Wilkinson.
Comes Manchester, Speaker.
L. Viscount Hereford.
Ds. De Lawarr.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they agree to the Removal of the King's Children to any of the King's Houses near London, as the Earl of Northumb. shall think fit; and they agree to the Ordinance concerning the Excise, with the Alterations: (Here enter it.) And to the rest of the Particulars, they will send an Answer by Messengers of their own.
Withers to be allowed 120 l. and bailed.
The Lord North reported a Paper from the Committee of Lords and Commons for Sequestrations, which was read; (videlicet,)
In the Case of Mr. Anthony Withers, touching Allowance of One Hundred and Twenty Pounds unto him for his Pains and Charges in the Service of the State, as One of the Committee of Westm. according to an Order of the said Committee, of the last of June, 1645, it is thought fit, and Ordered, That the Matter thereof be reported unto both Houses, as a Thing fit and reasonable to be allowed him; and that it be recommended to the Committee of Accompts, before whom the said Matter (fn. 1) is in Question, to take Bail for his Enlargement in the mean Time, unless they shall certify just Cause to the contrary to this Committee within a Week after Notice hereof.
19 Aug. 1646.
Ordered, That this House approves of this Report; and that it be sent to the House of Commons for their Concurrence therein.
Message from the H. C. about the List for the Summer Fleet.
A Message was brought from the House of Commons, by Mr. Gyles Greene, &c.
That whereas the House of Commons received from this House a List of the Commanders Names for this Summer's Fleét, (fn. 2) they have transposed the Names of some, and also have put out Captain Somaster's Name in The Swallow, and instead of him hath put in Edward Hall; wherein they desire their Lordships Concurrence.
Alteration in it.
Ordered, That this House adheres to Captain Somaster to be Captain of The Swallow, and agrees to the transposing of Captain Mildmay and Captain Jarvais.
E. of Derby's Order, to protect his House, &c.
The Order for Preservation of the House and Goods, &c. of the Earl of Derbie's House, at Knowlsley, in Lancashire, was read, and approved of.
(Here enter it.)
Papers concerning Ld. Lovelace and Mr. Brown.
The Earl of Northumb. presented Papers from the Committee of Lords and Commons for Sequestrations, concerning the Lord Lovelace and Mr. Browne, which were read. (Here enter it.)
Ordered, That the Lord Lovelace shall have a Sight of these Papers; and accordingly this House will proceed when his Lordship gives his Answer, which is to be within Ten Days after Sight.
Heads for a Conference about the Army quartering in the Eastern Association.
The Earl of Manchester reported the Reasons which the Committee hath drawn up, to be offered at a Conference to the House of Commons, concerning the Inconveniences of the Quartering of the Army in the Eastern associated Counties; which were read.
And it being put to the Question, "Whether to agree to these Reasons to be offered at a Conference with the House of Commons?"
It was Resolved in the Affirmative.
(Here enter them.)
Ordered, To (fn. 3) send to the House of Commons, to desire a Conference To-morrow Morning, at Eleven of the Clock.
Message to the H. C. for this Conference;—with Withers's Report;—and about the List of the Summer's Fleet.
A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:
1. To let them know, that this House adheres to their Resolution for making Captain Somaster Captain of The Swallow; and they agree to the transposing of Captain Mildmay and Captain Jarvais.
2. To desire they would give a Conference, in the Painted Chamber To-morrow at Eleven of the Clock, concerning some Things touching the Army.
3. To deliver to them the Report concerning Anthony Withers; and to let them know, that this House approves thereof, and desires their Concurrence therein.
Letters from Sir T. Fairfax, about his quartering in the Eastern Association.
Sir Thomas Fairefax' Two last Letters were read.
And it was moved, "That it might be put to the Question, Whether these Letters are a satisfactory Answer to the Order of this House sent him?"
Then the Question being put, "Whether this Question shall be put?"
The Votes were equal; so nothing was now determined.
Col. Allen freed from an Arrest.
Upon reading the Petition of Lieutenant Colonel Allan, who is arrested, and is in Prison, upon Mean Process:
It is Ordered, That he be presently released, there being many Arrears due to him from the State.
Order for protecting the E. of Derby's House at Knowlsley.
Upon Information given this Day to the House, That there is very great Spoil and Destruction made of the Earl of Darbye's House, at Knowlsley, in the County of Lancaster; and that the Woods belonging to the same are cut down, wasted, and destroyed, by some now residing in the said House and others, which, if not timely prevented, will be an utter Ruin and Destruction to that Seat:"
It is Ordered, by the Lords in Parliament assembled, That the Committee of Parliament in the County of Lancaster for Sequestrations shall preserve the House of the Earl of Darby at Knowlsley, for the Use of the State; and that the Wainscot, Chimney-pieces, Brewing Vessels, Bedsteads, and Tables, in and about the said House, Out-houses, and Lands, late letten by that Committee to one Mr. Jackson, may now be disposed of unto one Mr. John Ashurst, to the End the same be preserved from all Spoil, Waste, and Sale.
Report concerning Lord Lovelace and Mr. Brown.
"Die Veneris, 20 Februarii, 1645.
"At the Committee of Lords and Commons for Sequestrations.
"In the Case of Mr. Peter Browne, touching the Sum of Three Hundred Pounds, lent by his Wife then sole, to the Lord Lovelace, and a Judgement had against him for the same; upon the Report of Mr. Bradshawe (a Copy whereof is hereto annexed, attested with the Clerk's Hand of this Committee), it appearing to this Committee, That the said Judgement was obtained before Sequestration of the said Lord's Estate, and that he was then permitted to fit in the House of Peers; and that there is due and in Arrear to the said Peter Browne, at the 14th of this Instant February, 1645, Three Hundred Seventysix Pounds: It is thought fit, and Ordered, That it be referred to the Committee of Berksheir, &c. (by whom the Sequestration was made), either to pay the said Money so due, or else permit him to take the Benefit of his Judgement, according to Law, until he be thereof satisfied.
"Vera Copia, ex. per me, R. Vaughan, Cler. Com."
At the Committee of the County of Berks, sitting at Reading Abbey, the 28th Day of February, 1645.
"Whereas an Order of the Committee of Lords and Commons for Sequestrations, of the 20th of February Instant, was this Day tendered to this Committee, by Mr. Peter Browne, touching a Judgement obtained against the Lord Lovelace, Delinquent, before Sequestration of his Estate, upon a Debt of Three Hundred Pounds, which, by the said Order, is referred to this Committee, either to pay the said Money, or else to permit him to take the Benefit of the said Judgement: It is therefore thought fit, and Ordered, by this Committee, That, notwithstanding the said Sequestration, the said Mr. Browne may take the Benefit of the said Judgement, according to Law, until he be thereof satisfied.
"To the Right Honourable the Lords assembled in the High Court of Parliament.
"The humble Petition of John Lord Lovelace;
"That your Petitioner did formerly, about Four Years since, acknowledge a Judgement to Mary Offlye; and the said Mary, being since married to one Peter Browne, of London, hath extended your Petitioner's Land, contrary (as he humbly conceiveth) to the Privilege of Peers, whereby your Petitioner is utterly disabled to prosecute his Composition:
"Wherefore he humbly prayeth, that your Lordships would vouchsafe him the Benefit of the Privilege of a Peer, as your Lordships are pleased to afford others of the same Condition; and to give Order that the Extent be taken off, and the Parties sent for to this Honourable House.
"And your Petitioner shall ever pray, &c.
"Die Martis, 27 Octobris, 1646.
"Upon reading of the Petition of John Lord Lovelace this Day in the House; shewing, That one Peter Browne, of London, hath extended the Lands of the said Lord Lovelace, contrary to the Privilege of Parliament: It is Ordered, by the Lords in Parliament assembled, That the Petitioner shall have the Privilege of Parliament, he being a Peer of this Realm; and that the said Extent shall be taken off, any Thing to the contrary notwithstanding."
"In the Case of Peter Browne and Sarah his Wife, to me referred by the Order annexed, I find that, 13 Decembr. 18° Car. John Lord Lovelace did acknowledge a Recognizance in Chancery, of the Penalty of Six Hundred Pounds, to the Petitioner Sarah, whilst she was sole, conditioned to be void upon Payment of Three Hundred Pounds to her, or her Assigns, 14 Decembr. 1643; and upon a former Petition presented by the Petitioner to this Honourable Committee, it appearing to this Committee, That there was due and in Arrear to the said Peter Browne, 14 Febr. 1645, Three Hundred and Seventy-six Pounds; it was thought fit and ordered, 20 Febr. 1645, by this Committee, That it should be referred to the Committees of Berksheir, &c. by whom the Sequestration was made, either to pay the said Money so due, or else permit the Petitioner to proceed according to Law, until he should be thereof satisfied, as by the said Order hereto annexed may appear: And also the Committee for the County of Berks, by their Order, dated 28 Febr. 1645, Ordered, That, notwithstanding the Sequestration, the Petitioner might proceed according to Law, until he were satisfied, as by that Order hereto annexed also appeareth: And I do also find that, upon Petition of the said Lord Lovelace to the Right Honourable the Lords in Parliament assembled, suggesting, That the Petitioner Peter Browne had extended his Land, contrary to the Privilege of Parliament, 27 Octobris, 1646, it was by their Lordships ordered, That the said Lord should have the Privilege of Parliament, he being a Peer of this Realm; and that the said Extent should be taken off, any Thing to the contrary notwithstanding, as by the said last mentioned Order, a Copy whereof is hereto annexed, may appear: And the Petitioners, by their Petition, say, That they have extended the said Lord's Lands, and had East Parke in Sunning and other Lands delivered over to them in Extent, which cost them Forty Pounds at least; and thereupon they contracted to let the same to one Ferryman to rent; and Ferryman is in Possession under that Contract: And further say, That the said Lord Lovelace applied himself to them, and promised to pay them in their Money; but, pending that Debate, hath obtained the aforesaid Order of the Lords House; and pray an Order for their quiet enjoying the Premises, which, upon Perusal of the said Papers, I find to be the Case wherein this Relief is prayed.
Vera Copia, ex'r per me, 4 January, 1646.
"R. Vaughan, Cler. Com.
"Die Martis, 9 Martii, 1646.
At the Committee of Lords and Commons for Sequestrations.
"In the Case of Peter Browne Gentleman, and Sarah his Wife; and upon the Report of Mr. Bradshawe, to whom it was referred (a Copy whereof is hereto annexed, and attested with the Clerk's Hand of this Committee); and upon reading the former Order of this Committee, bearing Date 20 Febr. 1645, whereby the Petitioner was permitted to take the Benefit of his Judgement upon the sequestered Estate of the Lord Lovelace, according to Law; and likewise upon reading of the Order of the Right Honourable the House of Peers, bearing Date 27 Octob'r, 1646, whereby the Petitioner's Extent upon the said Lord's sequestered Estate was taken off, any Thing to the contrary notwithstanding: It is Ordered, That the Petitioner's Case be recommended to the said House of Peers, to give the Petitioner Relief; and that the Right Honourable Algernon Earl of Northumberland be desired to report the same accordingly.
Declaration concerning Grants from the Excise.
"The Lords and Commons assembled in Parliament do Declare, That the Time when the Grant of Excise shall determine, to such Towns, Cities, and Counties, as have the whole Excise of the said Towns, Cities, and Counties, respectively given them, with or without Limitation of Time, shall be the Five and Twentieth Day of March next; and that all such Counties, Cities, and Places, as have the Moiety or any other Proportion of the Excise granted unto them in Kind, either with Limitation or without Limitation of Time, the Time for Continuance of such Grant shall be until the 25th Day of March next, and no longer; and the Commissioners of Excise, London, are to take Notice of this Declaration, and to give Direction to their Sub-commissioners in all Places to receive the whole Excise within their respective Limits, and make due Returns from Time to Time of all Monies thereby raised, and to be raised, and accruing, unto the Grand Office of Excise, London."
Order for the King's Children to be removed to Hampton Court.
"The Earl of Northumberland desiring to know the Pleasure of the Houses, "Whether they thought it not fit to have the Duke of Yorke and the King's other Children remove into the Country for some Part of this Summer?" The Lords and Commons in Parliament assembled do hold it convenient, that they be removed to some of the King's Houses near London; and have appointed Hampton Court, or such other of the King's Houses thereabouts as the Earl of Northumberland shall make Choice for that Purpose."
Heads for the Conference, for the Army to remove out of the Eastern Association; and for its being disbanded.
"The Lords have received a Petition from the Lord Mayor, Aldermen, and Commons, of the City of London; wherein as they do seasonably and fully declare their good Affections to the Parliament, together with their fixed Resolutions carefully to intend the Honour, Security, and Advantage thereof, so they do likewise express a great Sense of their present Pressures, by reason of the Quartering of the Forces commanded by Sir Thomas Fairefax in those Parts adjoining near to the City; neither is this resented by them alone, but the County of Essex did some few Days since, by Petition, make known unto their Lordships the Burthens and other Mischiefs that was likely to fall upon that County, for the Quartering of great Numbers of the Army upon them and the rest of the associated Counties.
"The Lords, having seriously considered these Petitions, do find it to be of very ill Consequence to have the Army quartered either in the associated Counties or any Parts adjacent to the City of London; being the Place where the Parliament and all the Courts of Justice are kept must of Necessity have a very great Concourse of People, as an Addition to that numerous Body of their own settled Inhabitants: If, therefore, this City shall, by the near Quartering of the Army, be deprived of their usual Provisions and necessary Accommodations, it may give an Occasion to some to break that good Orders, and interrupt that Government, which in all these Times of our great Distractions hath been kept in a settled Quietness, which hath not only been a Security, but an Advantage to the Parliament.
"And (fn. 4) at this Conjuncture of Time, it may probably increase such Jealousies and Suspicions as may not suddenly be removed; most Men looking upon such Actions as these, which prove inconvenient to them, as Designs rather than Matters of Necessity: And their Lordships express their Fears in this Particular the rather, because they have received divers Informations that some Persons of the Army, in all Places where they come, do endeavour to disaffect the People to the present established Resolutions of the Parliament: They do likewise consider the great Assistance and Advantage that the Parliament hath had from the Eastern Association; they having been faithful unto the Parliament from the first to the last, when divers other, either in Whole or in Part, have deserted and opposed the Parliament in this Cause. These Counties have been, during these Troubles, the Magazine of Provisions to the City; and other Parts of the Kingdom do now expect to be furnished from them with those Necessaries which are not to be had in that Plenty in other Counties, they being much wasted in their Stores of Corn and Cattle: It will therefore prove a Mischief in general to the whole Kingdom, if these Counties shall have their Stores exhausted by the Quartering of an Army, which, by a provident and orderly Management and Use, might support themselves and furnish others.
Upon the whole Matter thus before them, their Lordships do think it necessary that the Forces commanded by Sir Thomas Fairefax should not quarter within the associated Counties, or any Parts near adjoining to the City of London.
"And seeing likewise that, by the great Blessing of God upon the Endeavours of the Parliament, and the Successes of their Armies, they now enjoy a Freedom from any Force maintained against them, they do hold it their Duty to do what in them lies towards the freeing the Kingdom from these Burthens that lie upon them: And therefore they press this as the most necessary Means, tending to the Ease and Satisfaction of the Kingdom, that a Provision of Money be made, for the speedy Paying and Disbanding of our Armies; the Way of raising this they leave to you to consider; that so we may give a real and speedy Relief to the distressed Kingdom of Ireland, and keep such a competent Force within ourselves, as may secure our Garrisons, and prevent the Designs of such as, out of their ill Affections, should at any Time attempt to disturb the Peace and Happiness of the Parliament and Kingdom."
House adjourned till 10a cras.