House of Lords Journal Volume 8
2 February 1646

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1767-1830

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'House of Lords Journal Volume 8: 2 February 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 138-140. URL: http://www.british-history.ac.uk/report.aspx?compid=33948 Date accessed: 01 October 2014.


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DIE Lunæ, 2 die Februarii.

PRAYERS, by Mr. Coleman.

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Essex.
Comes Kent.
Comes Denbigh.
L. Viscount Say & Seale.
Comes Midd.
Comes Bolingbrooke.
Comes Sarum.
Comes Suff.
Comes Stamford.
Comes Warwicke.
Comes Lyncolne.
Comes Northumb.
Comes Nottingham.
Ds. North.
Ds. Robertes.
Ds. Howard.
Ds. Willoughby.
Ds. Grey de Warke.
Ds. Dacres.
Ds. Mountague.
Ds. Wharton.
Ds. Maynard.
Ds. Bruce.
Ds. Berckley.

Message to the H. C. with the Ordinance for paying 32,000 l. to the City.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Page:

To deliver to them the Ordinance for Thirty-two Thousand Pounds, with some Alterations, wherein their Concurrence is desired.

Preachers at the Fast.

Ordered, That Mr. Perne and Mr. Case are appointed to preach before the Lords, the next Fast, at the Abbey Church.

Message from the H. C. for a Conference about Propositions for a Peace;

A Message was brought from the House of Commons, by Sir Robert Knight, &c.

1. To desire their Lordships would please to give a Conference, so soon as it may stand with their Lordships Conveniency, touching Propositions to be speedily sent to the King, for a safe and well-grounded Peace.

and with Orders.

2. To desire Concurrence in Two Orders:

1. An Order concerning Doctor Wincupp to have Doctor Braye's Books.

2. An Order for Sir Charles Egerton.

The Answer returned was:

Answer.

That this House appoints to meet, at the Conference, presently, in the Painted Chamber; as for the rest, they will give an Answer by Messengers of their own.

Person of Quality in the King's Service desires a Pass to go beyond Sea.

The Earl of Manchester reported a Paper from the Committee of both Kingdoms; which was read:

"Die Saturni, 31 Jan. 1645.

"At the Committee of both Kingdoms, at Derby House.

"Ordered, That it be reported (fn. *) to the Houses, That a Person of great Quality now in the Enemy's Quarters, who is not within the Exception, is desirous to have a Pass, to go beyond the Sea; and will engage himself, upon his Honour, never to bear Arms against the Parliament, or do them any Disservice in his Travel.

"Gualter Frost,

"Ex'r.

"Secretary to the same Committee."

Answer from the H. C.

Sir Edward Leech and Mr. Page returned with this Answer from the House of Commons:

That they agree to the Alterations in the Ordinance for Thirty-two Thousand Pounds. (Here enter it.)

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about Propositions for a Peace.

And the Speaker reported the Effect of the Conference; which was,

"That Mr. Recorder said, That the House of Commons having taken into Consideration divers of the King's Letters, specially His last Letter; and they thought that, if something was not presently done, the Parliament might suffer some Prejudice, in regard of the specious Pretences in the King's Letters: Therefore the House of Commons have collected some Propositions out of the Bulk, to be presently sent to the King, and the rest of the Propositions to be dispatched as soon as conveniently may be; and that an Act of Parliament be framed, and sent away with these Propositions. They desired that these Propositions might be dispatched, that so they may be communicated to the [ (fn. *) Scots Commissioners.]

"Resolved, &c. That the First Proposition for a safe and well-grounded Peace, concerning the re-calling of all Declarations, Proclamations, &c. with the Addition of this Clause for a Preamble unto it, videlicet, ["Whereas both Houses of the Parliament of England, and the Estates of the Kingdom of Scotland, have been necessitated to undertake and prosecute a War in their just and lawful Defence,"] be One of the Propositions that shall be now sent to the King.

"Resolved, &c. That the Propositions for the settling Religion, with all the Branches of them, shall be now sent to the King.

"Resolved, &c. That the Propositions agreed by both Houses, concerning the Forces by Sea and by Land in all the Three Kingdoms, shall be now sent.

"Resolved, &c. That the Propositions concerning raising of Monies, as agreed upon in this House, shall be now sent.

"Resolved, &c. That the Propositions concerning Ireland, agreed in this House, shall be now sent.

"Resolved, &c. That the Fifteenth Proposition, with the several Qualifications concerning Delinquents, shall be now sent.

"Resolved, &c. That the Propositions concerning the Great Seal shall be now sent.

"Resolved, &c. That the Twentieth Proposition, concerning no Peace, is to be made, ["to have Voice or Seat in Parliament, without Consent of both Houses of Parliament,"] shall be One of the Propositions that shall now be sent.

"Resolved, &c. That the Militia of the City of London, and Liberties thereof, may be in the Ordering and Government of the Lord Mayor, Aldermen, and Commons, in Common Council assembled, or such as they shall from Time to Time appoint, whereof the Lord Mayor and Sheriffs for the Time to be Three, to be employed and directed from Time to Time in such Manner as shall be agreed on and appointed by both Houses of Parliament; and that this shall be One of the Propositions to be now sent to His Majesty for a safe and well-grounded Peace.

"Resolved, &c. That the Proposition concerning an Act to be passed for granting and confirming the Charters and Liberties of the City of London shall now be sent to the King.

"Resolved, &c. That the Proposition concerning the Chief Governor of The Tower of London shall be now sent to the King.

"Resolved, &c. That the Proposition concerning the not drawing out of the Forces of the City of London without their own Consent shall be now sent to the King.

"Resolved, &c. That the Proposition concerning the calling Common Councils in the City of London, &c. shall be One of the Propositions, and shall be now sent to the King.

"Resolved, &c. That the Proposition for confirming the Treaties between the Two Kingdoms shall be One of the Propositions that shall be now sent to the King.

"Resolved, &c. That a Conference be desired with the Lords, on Monday Morning next, upon the present sending of Propositions to the King; and that the Votes for the Propositions to be (fn. *) presently sent be communicated at this Conference, and the Lords acquainted with the Reasons that move the House to the present sending of these Propositions; and that they do intend (fn. †) likewise to prosecute the rest; and that they do intend that an Act be prepared for the enacting of these, and presented together with these Propositions; and that they be desired to concur in the speedying of these, to the End they may be communicated to the Scotts Commissioners and with all Speed sent to the King."

Ordered, That this Business be taken into Consideration To-morrow Morning.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons to the Messages sent to them:

1. To the Explanation to the Ordinance concerning The Covent Garden, they agree to. (Here enter it.)

2. To the Lady Marquess of Winton's Business, they agree to.

3. To the Lord Ever's Business, they have considered of it.

4. To the Ordinance for Henry Morris, (fn. ‡) they agree to. (Here enter it.)

5. To the Petition of Mr. Weckherlin, they have considered of it.

6. To the Order for Mr. Wynch, they agree to.

The House was adjourned into a Committee during Pleasure, to consider of the Papers lately reported from the Conference with the House of Commons, concerning the Scotch Horse.

And the House being resumed;

This Vote was read, and put to the Question:

Scots Horse and Dragoons in England limited to 3000.

"That, in the Scotts Army in this Kingdom, there shall not be above Two Thousand Horse and One Thousand Dragoons, according to the Treaty."

And it was Resolved in the Affirmative.

Protest against it.

These Lords following dissented to this Vote:

Comes Lyncolne.
Comes Essex.
Comes Suff.
Comes Bolingbrooke.
Comes Warwicke.
Comes Manchester.
Ds. Robertes.
Ds. Willoughby.
Ds. Berkley.
Ds. Bruce.
Ds. Dacres.

Next, this Order brought from the House of Commons was read; (videlicet,)

"Ordered, by the and Commons assembled in Parliament, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to confer with the Scotts Commissioners, concerning that Part of their Paper of the 6th of January last which concerns their supernumerary Horse; and to offer unto them the Reasons approved by this House, why their Horse should be reduced to the Number of the Treaty, and such other Reasons as (fn. *) they shall think sit for Maintenance of the Vote of this House of the 5th of January last, That, in the Scotts Army in this Kingdom, there shall not be above Two Thousand Horse and One Thousand Dragoons, according to the Treaty."

Resolved, upon the Question, That this House agrees not with the House of Commons in this Order.

Lilburn's Business.

Ordered, That Mr. Lilburne's Business shall (fn. †) be heard this Day Sevennight; and Mr. Bradshawe is assigned to be of Counsel for him.

Order for Henry Morris, a Clerk of this House, to be Rent-free, and to be further encouraged.

"Ordered, by the Lords and Commons assembled in Parliament, That Henry Morris (a Clerk belonging to the House of Peers) shall have the House he now lives in, with the Plot of Ground thereunto belonging, Rent-free, and free from Payment of any Arrears formerly due from him for the said House and Garden Plot; and that the Committee for Sequestrations in Westm'r do grant him the said House and Ground Rent-free accordingly.

"And in regard the House of Peers have found the said Henry Morris a diligent, painful, and deserving Man, whose long Pains (in his Way of Clerkship) hath been very serviceable to the State; both Houses do, for his better Subsistence in the future, especially recommend him to the Care of the Committee of the Revenue, to do further for him as to them shall seem fit."

Ordinance to pay 32,000 l. to the City.

"Upon the humble Motion and Desire of the Common Council of London; the Lords and Commons in Parliament assembled do Ordain and Declare, and be it Ordained, That the Sum of Thirty-two Thousand Pounds shall forthwith be advanced, by Way of Loan, by such Persons of Ability as do inhabit, or have any Stock or Trade going, within the City of London and Liberties thereof, as shall lend the same on the Security and Term hereafter expressed: And for the more speedy and orderly Raising of the said Sum, be it also Ordained, That the Committee of Arrears appointed by the Common Council of the City of London, or any Seven of them, shall be a Committee, and shall have Power, and are hereby authorized, to raise and levy the said Sum, and every Part thereof, in such Manner and Form as is expressed in an Ordinance, dated the First of July, 1645, intituled, "An Ordinance of the Lords and Commons in Parliament assembled, for the raising of Twenty Thousand Pounds, to be employed towards the reducing of Oxford to the Obedience of the Parliament;" the said Money to be paid to such Treasurers as shall be appointed by the said Committee; which Money, so brought in to the Treasurers as aforesaid, shall be issued out according to Order and Direction of the Court of Common Council, deducting Three Pence per Pound for Payment of Officers and other Charges, as the said Committee, or any Seven of them, shall direct and appoint: And for the better Encouragement and Securing of such Persons as shall advance the said Sum, or any Part thereof, the said Lords and Commons do hereby Ordain, That such Person or Persons as shall lend or pay any Money upon or by virtue of this Ordinance, and pay the same to such Treasurers as aforesaid, shall be re-paid the several Sums which shall be by them advanced, out of the Receipt of the Excise and new Impost, with Interest after the Rate of Eight Pounds per Centum per Annum, for so long Time as they shall forbear the same; and the Commissioners of Excise and new Impost for the Time being are hereby authorized and required to pay, unto the several Lenders, their Executors or Assigns, at the End of every Six Months, the Interest for so much Money as shall be advanced by virtue hereof, and the Principal and Remainder of the Interest thereof, after the Rate aforesaid, in due Course, Order, and Rank, as the same stands charged upon the Excise and impost, after other Sums already ordered to be charged upon the said Receipts for the Use of the Army are first satisfied; and the Receipt or Receipts of the several and respective Lenders, together with a Certificate or Certificates under the Hands of the Treasurers aforesaid, or any Two of them, testifying the several and respective Sums advanced and received as aforesaid by virtue of this present Ordinance, shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for Payment of the said Interest, and Principal and Interest, in Manner and Form aforesaid.

"Provided, This Ordinance, or any Thing therein contained, shall not extend to any Peer of this Realm, or Assistant of the House of Peers, or unto any Member of the House of Commons, or to any Attendant of either of the Houses of Parliament.

"And the Lords and Commons do also Ordain, That all Persons acting according to the true Meaning of this Ordinance shall be saved harmless, by Authority of Parliament."

Explanation of the Ordinance concerning Covent Garden.

"Whereas, in an Ordinance of the Lords and Commons in Parliament, touching the making of the Precinct of Covent Garden Parochial, there is a Clause, touching Allowance to be made by the said Parish of Covent Garden to the Poor of the Parish of St. Martin's, in these Words following; (that is to say,) ["and shall also pay the Sum of One Hundred Seventeen Pounds, One Shilling Four Pence Farthing, Half Farthing, and the Fifth Part of a Half Farthing, Quarterly, to be paid unto the Parish of St. Martin's, for the Maintenance of their Poor; which said Sum shall be paid, by the Parish of Covent Garden, to the Parish of St. Martin's, for ever"], as by the said Ordinance, amongst other Things contained, it doth appear: For Explanation of the said Clause, it is hereby Declared and Ordained, by the Lords and Commons in Parliament, That the true Meaning of the said Clause was, and is, and shall be taken to be, That the Yearly Sum of One Hundred Seventeen Pounds, One Shiling, Four Pence Farthing, Half Farthing, and the Fifth Part of a Half Farthing, shall be every Year, for ever, paid by the said Parish of Covent Garden, to the said Parish of St. Martin's at Four Terms in the Year; (videlicet,) upon every Five and Twentieth Day of March, Four and Twentieth Day of June, Three and Twentieth Day of September, and Three and Twentieth Day of December, by equal Portions, for and towards the Maintenance of the Poor of the said Parish of St. Martin's, and in full Discharge of the said Parish of Covent Garden from all further Contributions thereunto."

Mr. Field to be Rector of Ussington, in the Place of South a Malignant.

"Upon reading of the humble Petition of the Inhabitants of Uffington, in the County of Lincolne; shewing, "That one Mr. South, late Rector of the said Parish, for Scandal of Life, and Malignancy to the Parliament, is ejected; and one Mr. Henry Feild, an Orthodox Divine, is lately put in his Place, by Authority of Parliament; since which, the said South hath resigned his Interest into the King's Hands in whose Right the Presentation is, it being above Twenty Pounds in the King's Books:"

"It is Ordered and Ordained, by the Lords and Commons in Parliament assembled, That the Commissioners of the Great Seal are hereby authorized and desired to grant the Presentation of the said Rectory of Uffington to the said Mr. Henry Feild; any Thing to the contrary in any Wise notwithstanding."

Adjourn.

House adjourned till 10a cras.

Footnotes

* Origin. at.
* Origin. House of Commons.
* Origin. present.
Origin. like.
Origin. the.
* Bis in Originali.
Origin. to be.