House of Lords Journal Volume 7
2 September 1645

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1767-1830

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'House of Lords Journal Volume 7: 2 September 1645', Journal of the House of Lords: volume 7: 1644 (1767-1830), pp. 562-564. URL: http://www.british-history.ac.uk/report.aspx?compid=33390 Date accessed: 02 September 2014.


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DIE Martis, 2 Septembris.

PRAYERS.

Ds. Grey de Warke, Speaker.

Comes Kent.
Comes Pembrooke.
Comes Bolingbrooke.
Comes Nottingham.
L. Viscount Say & Seale.
Comes Manchester.
Comes Stamford.
Comes Essex.
Comes Northumb.
Comes Denbigh.
Ds. North.
Ds. Robertes.
Ds. Mountague.
Ds. Bruce.
Ds. Willoughby.

Capt. Battin to be Governor of Mount Battin, near Plymouth.

Whereas Captain Wm. Battin, Vice Admiral of the Narrow Seas, hath liberally contributed unto the making of a Tower and other Works, called Mount Battyn, and Battyn's Works, and hath industriously and faithfully assisted the Town of Plymouth: It is this Day Ordered, by the Lords and in Parliament assembled, That the said Captain Battyn be made Governor of the said Tower, and all Works thereunto belonging; and that the said Captain Battyn have Power to make a Deputy, by virtue of this Order.

Ordered, That the Concurrence of the House of Commons be desired herein.

Message to the H. C. about it, and Mr. Porter's Ordinance to be Minister at Plymouth.

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

To desire their Concurrence in the Order concerning Captain Battyn.

2. That the Ordinance sent about Two Months since to the House of Commons, concerning Mr. Porter, a deserving Minister of Plymouth, being a Matter of meet Justice, to desire their present Concurrence in the said Ordinance.

Answer from the H. C.

Sir Edward Leech and Mr. Page returned with this Answer to (fn. *) the Message sent to the House of Commons on Saturday last:

That they agree to the Ordinance to make Mr. Henry Wilkinson Rector of the Parish Church of Dunstan's in the East. (Here enter it.)

2. To the Petition concerning Captain Kettleby, and concerning Mr. Lestrange's Liberty upon Bail, they will send an Answer by Messengers of their own.

Jennings, consined by Col. Kerr, Governor of Plymouth, to be brought up.

Upon Information to this House, "That Ambrose Jennings Junior, being Merchant and Inhabitant of Plymouth, hath, for some causeless Displeasure conceived against him by Colonel Kerr the Governor there, been consined a Prisoner in his Father's House for about Two Months, without any Proceeding against him in the Council of War; and the said Jenings often desiring to know his Accusers, and for what he is committed and consined, cannot be heard; it is desired, that he may appear before this House, where he is willing to answer what shall be objected against him."

Hereupon this House Ordered, That he shall be sent for up, and brought before this House; and the Mayor, Governor, or Committee of Plymouth, shall send up to this House the Cause of his Commitment; and then this House will give further Directions herein.

Ordinance to raise Money for Defence of the Eastern Association.

The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for raising Monies, by Assessments, for maintaining divers Garrisons in the Eastern Association.

The House being resumed;

It was reported as fit to pass, with some Alterations.

The Alterations were (fn. *) read by themselves, and afterwards the Ordinance with the Alterations; and Agreed to.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they will send an Answer, by Messengers of their own, touching the Business of Captain Battyn and Mr. Porter.

Message from thence, with an Ordinance, and about Captain Hutchins.

A Message was brought from the House of Commons, by Dr. Aylett and Dr. Heath:

To desire their Concurrence in the Alterations in the Ordinance concerning the Garrisons in the Eastern associated Counties. (Here enter it.)

2. To put them in Mind of Captain Hutchin's Business, formerly sent down to them.

Message from thence, for a Day of Humiliation.

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

To desire their Lordships Concurrence in these Particulars:

1. An Order, That Friday next be appointed for a Day of Humiliation, within the Lines of Communication, to be humbled for the Miseries of Scotland; and to desire God's Blessing upon the Army under Sir Tho. Fairefax; and for ceasing of the Plague in the Kingdoms of England and Scotland.

Agreed to.

Preachers at the Fast;

Ordered, That Mr. Henderson and Mr. Seaman are desired to preach before the Lords in Parliament, in the Abbey Church at Westm. on Friday next.

Public Humiliation;

2. An Order, That Friday next come Fortnight shall be a Day appointed for Public Humiliation, through all the Parliament Quarters, to be humbled for the Miseries of Scotland; and to desire God's Blessing upon the Army under Sir Tho. Fairefax; and for ceasing of the Plague in the Kingdoms of England and Scotland.

Agreed to.

and with Ordinances for Concurrence.

3. An Ordinance for issuing out Fifty Thousand Pounds, out of the Excise, for Sir Tho. Fairefaix' Army. (Here enter it.)

Agreed to.

4. An Ordinance to pay Two Hundred Pounds unto Colonel Whalley, &c. for to furnish them with Horses. (Here enter it.)

Agreed to.

5. An Order for Two Horses to be given to Colonel Thornhaugh. (Here enter it.)

Agreed to.

6. An Ordinance (fn. *) for Martial Law. Read Once.

7. An Ordinance (fn. *) concerning the Wives of Delinquents.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to the Ordinances concerning Martial Law, and the Wives of Delinquents: To all the rest of the Particulars, this House (fn. †) agrees.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Nicolls;

To desire Concurrence in these Particulars:

1. An Ordinance for Four Thousand Pounds, out of the Excise, for the Northern Association.

(Here enter it.)

Agreed to.

2. An Ordinance to pay, out of the Excise, Two Thousand Five Hundred Pounds to Mr. Toll, for the maintaining the Five Hundred Horse raised in the Eastern Association, according to a former Ordinance.

(Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to both the Ordinances now brought up.

Message from thence, for a Conference on the Ordinance for selling Delinquents Estates;

A Message was brought from the House of Commons, by Sir Henry Mildmay, &c.

To desire a Conference, concerning the Ordinance for selling of Delinquents Estates.

and to sit on Thursday.

2. To desire their Lordships would please to sit on Thursday next, in regard of some Business of Consequence which they shall have Occasion to impart to this House.

The House taking the desiring of a Conference into Consideration, concerning the Ordinance for selling of Delinquents Estates: And it was Resolved, upon the Question, to give the House [ (fn. *) of Commons] a Conference To-morrow Morning, at Ten of the Clock, in the Painted Chamber.

The Answer returned was:

Answer.

That this House will give the House of Commons a Conference To-morrow Morning, at Ten of the Clock in the Painted Chamber.

Order for 50,000 l. for Sir Tho. Fairfax's Army.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Fifty Thousand Pounds shall be paid in Course, for the Service of the Army under the Command of Sir Thomas Fairefax, out of the Receipts of the Excise, by Ordinance 11 Sept. 1643, unto the Treasurers at War; and the Receipt of any Four of them, together with this Ordinance, shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for Payment of the said Fifty Thousand Pounds, and Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same shall be unpaid, before it become due as aforesaid."

Order for 200 l. to Col. Whalley, to furnish him with Horses.

"It is Ordered, by the Lords and Commons in Parliament assembled, That Two Hundred Pounds shall be paid in Course, out of the Receipts of the Excise, by Ordinance of 11 Septembris, 1643, unto Colonel Whalley, Captain Lawrence, Captain Canon, Captain Browne, and Lieutenant Disher, for the furnishing them with Horses, Arms, and other necessary Accommodations, for the present Service they are now employed upon and designed unto; whose Receipt, together with this Ordinance, shall be a sufficient Discharge to the Commissioners of Excise, and every of them, for Payment of the said Two Hundred Pounds accordingly."

Order for Two Horses for Col. Thornhaugh.

"Ordered, by the Lords and Commons, That Two very good serviceable Horses shall be forthwith provided, and bestowed by the Houses upon Colonel Thornhagh, as a Mark of the Esteem they set upon his many faithful and good Services performed to this great Cause maintained by the Parliament; and that it be referred to Sir Phillip Stapilton and Sir Arthur Hasilrigg, to take Care of the providing of these Horses; and that they be forthwith paid for by the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall: The Care hereof is more particularly referred to Mr. Hill."

Order for the Commissioners of Excise to re-pay themselves and Mr. Ash 4000 l. advanced for the Northern Association.

"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, (fn. *) have advanced and lent the Sum of Three Thousand Pounds; and Edward Ash Esquire, a Member of the House of Commons, (fn. †) hath advanced and lent One Thousand Pounds; which said Four Thousand Pounds, advanced and lent as aforesaid, is in Part of Ten Thousand Pounds, charged upon the Receipts of the Excise, per Ordinance of the 23 Julii last, for the Service of the Northern Association: Be it Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners of Excise and new Impost shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall be satisfied and reimbursed, the said Three Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn; [ (fn. ‡) and likewise] pay unto the abovesaid Edward Ash, his Executors, Administrators, or Assigns, the Sum of One Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn; which said Three Thousand Pounds, and a Thousand Pounds, as aforesaid, shall be reimbursed and paid, out of such Intervals of Receipts, by Ordinance of the 11 Septembris, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, and, for Want of such Intervals, then as the same shall follow in Course; and that the said Commissioners of Excise shall pay the said Three Thousand Pounds, and the said Edward Ash the One Thousand Pounds, unto Colonel William White, whose respective Receipts shall be a sufficient Discharge unto the said Commissioners of Excise, and the said Edward Ash, and every of them, in that Behalf; and that the said Colonel William White do pay One Thousand Pounds of the said Four Thousand Pounds to Colonel Thornhagh, upon Accompt, for the Service of those Horses under his Command that are to come to the Assistance of Sir Thomas Fairefax."

And 2500 l. Part of 15000 l. for the Eastern Association, including Essex, Suffolk, Norfolk, &c.

"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, have advanced and lent the Sum of Two Thousand Five Hundred Pounds, Part of Thirteen Thousand Pounds, charged by the Ordinance of the 10th of July, 1645, on the Excise and new Impost, for the raising and maintaining Five Hundred Horse, for Four Months, to be sent towards the Borders of the Eastern Association, to be paid in Course after other Assignments, with Interest for the same: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise, their Executors or Assigns, shall and may satisfy and reimburse themselves the said Two Thousand Five Hundred Pounds, out of the Receipts on the Ordinance of the 11th September, 1643, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts as shall happen when other Payments already assigned on those Receipts shall not fall due, or, in Default thereof, then as the same shall follow in Course of the said Ordinance of the 10th of July, 1645; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from satisfying themselves accordingly; and that the said Commissioners of Excise shall pay the said Two Thousand Five Hundred Pounds to Thomas Toll Esquire, a Member of the Commons House, or to such other Person or Persons as shall be nominated and appointed by the Committee of the Members of the House of Commons for the said Association, whose Receipt shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, for the said Two Thousand Five Hundred Pounds, and every Part thereof, in that Behalf."

Ordinance for Mr. Wilkinson to be Minister of St. Dunstan's in the East.

"Forasmuch as the Parsonage of Dunston's in the East, London, is lately become void, by the Death of Mr. Doctor Childerly, late Parson and Incumbent thereof, being formerly in the Gift of the late Archbishop of Canterbury, and now to be disposed of: The Lords and Commons in this present Parliament assembled, to the End the said Church and Parish may be supplied with a Learned, Godly, and Orthodox Divine, have Ordered, Ordained, and Appointed, and do hereby Order, Ordain, and Appoint, Mr. Henry Wilkinson Junior, Batchelor in Divinity, and One of the Assembly of Divines now sitting at Westm. to be Rector and Parson of the said Church and Parish of Dunstan's; and that he shall and may have, hold, possess, and enjoy, the said Church and Parsonage, and the Parsonage-house, with the Rights, Members, and Appurtenances, Stipends, Duties, Profits, and Commodities whatsoever, to the said Parish Church or Parsonage belonging, from the Death of the said Doctor Childerly, in as large and ample Manner as the said Doctor Childerly, or any other Rector or Parson thereof, lawfully or of Right had, or ought to have had, the same; and that without any further Presentation, Admission, Institution, or Induction: Provided, That the said Mr. Wilkinson shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid, for and in regard of his Incumbency there: Saving also to all Bodies Politic and Corporate, and all other Person and Persons, all such Right and Title as they, or any of them, have unto the Patronage of the Church of Dunston's aforesaid, except such Persons as are sequestrable by Ordinance of Parliament, for the sequestering of Papists and Delinquents Estates: And the Commissioners of the Great Seal are hereby authorized to pass the same, under the Great Seal of England, unto the said Mr. Wilkinson accordingly."

Leigh's Petition for a Pass, to send for Papers from Oxford.

Upon reading the Petition of Eliz. Leigh; shewing, "That she is to find an Office for her Son, upon the Death of her Husband at Oxford; but wanting some Writings, without which the Business cannot be done; it is desired, that a Pass may be granted to one Wm. Acton, to go to Oxford, to fetch the said Writings."

Hereupon it is Ordered, That this be communicated to the House of Commons, for their Concurrence; provided the Petitioner puts in Security, not to send her Son to Oxford, nor make any Composition at Oxford for the Wardship of her Son.

House adjourned till 9a cras.

Footnotes

* Deest in Originali.
* Deest in Originali.
* Deest in Originali.
Origin. agrees to.
* Origin, hath.
Origin. have.
Bis in Originali.