DIE Saturni, 14 die Februarii.
PRAYERS, by Mr. Corbett.
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Judgement in Lilburn's Cause.
The Judgement of this House in Lieutenant Colonel
Lylborne's Cause was read, and approved of.
Isle of Axholm Order.
Committee to prepare Heads for a Conference on the Ordinance for Martial Law.
Ordered, That the Earl of Stamford, the Lord
Willoughby, and the Lord Robertes, are to prepare Reasons, to offer to the House of Commons at the next
Conference, why they do not agree with the House of
Commons in some of the Alterations in the Ordinance
for Martial Law.
Ordinances for Concurrence.
The Ordinance for Three Thousand Pounds for poor
Women, was read, and Agreed to. (Here enter it.)
Ordered, That the Ordinance for regulating the
University of Cambridge shall be printed and published.
The Ordinance for One Thousand Pounds for Colonel
Mitton, was read, and Agreed to. (Here enter it.)
An Ordinance for taxing Six Hundred Pounds Weekly
upon the County of Hereford, for Maintenance of the
Forces of that County, for Nine Months, was read, and
Agreed to. (Here enter it.)
An Ordinance for Fifteen Thousand Pounds, for the
Scotts Army, was read, and Agreed to. (Here enter it.)
An Ordinance for Colonel Sanderson's Regiment to
have Two Thousand Five Hundred Pounds, was read,
and Agreed to. (Here enter it.)
Captain Fienes's Petition.
Upon reading the Petition of Captain Edward Finnes:
It is Ordered, That it be recommended to the House
Garrison to be removed from Tattershall Castle.
The Earl of Lyncolne acquainted this House, "That
he had received a Letter from the Earl of Rutland and
the rest of the Commissioners about Newarke; signifying, That, now Belvoir Castle is reduced, they are of
Opinion, that there is no Use of the Garrison at
Hereupon this House Ordered, That the Garrison at
Tattersham shall be removed; and the Committee to dispose of the Governor and the said Forces in the Garrison
as they shall think fit for the Public Good.
Message to the H. C. about the Countess of Peterborough's Timber at Ryegate being cut by L. Mounson's Order.
A Message was sent to the House of Commons, by
Serjeant Ayliff, &c.
To desire that, at the next Conference, their Lordships
may communicate to them something concerning the
Countess of Peterborough, and the Lord Mounson a Member of their House.
Montreul, French Agent for Scotland, desires a Pass to the King.
A Paper was presented to the House, from Sabran and
Montreul, to give their Lordships Thanks for their late Favour towards (fn. *) them, and desire that Montreul may have
a Pass, to go into Scotland; and having received Letters
from the French King and Queen Regent to the King,
he desires a Pass, to go to the King, to deliver to Him
Ordered, That this Business be taken into Consideration on Tuesday next.
Ward, for staying the French Courier at Rochester.
Phillip Ward was called in, to give an Account by
what Authority he staid the Courier with his Letters at
And it is Ordered, That he set down the Matter of
Fact in Writing, and present the same to this House on
The Earl of Warwicke reported from the Committee
for the Admiralty a Paper, which was read:
Ordinance for Martial Law at Sea.
Ordered, That the Earl of Warwicke be desired
to move the House of Peers, by Message to the House
of Commons, to quicken the passing of the Ordinance
for Martial Law by Sea; there being many Prisoners
that have been taken at Sea, which do burthen those
Parts where they be imprisoned; and much Insolency
at Sea being encouraged by their remaining unpunished for their Piratical Practices."
Ordered, To send to the House of Commons, by
the next Message, concerning this Business.
E. of Exeter and the Master of the Court of Ward, about the Presentation to the Rectory of Barnack.
It was moved, "That Sir Nathaniell Brent might give
Institution and Induction to John Ludlow, to the Rectory of Barnacke, in the County of North'ton; it being
in the Gift of John Earl of Exon."
Upon this, the Lord Viscount Say & Seale claimed his
Right, as Master of the Court of Wards and Liveries,
to present to this Living; the Earl of Exon being a
Hereupon it is Ordered, That the Earl of Exon shall
be heard on Wednesday next, concerning this Motion.
Answer to the H. C.
Doctor Aylett and Doctor Heath returned this Answer
to the Message sent to the House of Commons:
That to the Petition of the Lord Buckhurst, and the
Petition of the Lady Drake, and to the adding of the
Six Lords to be added to the Committee for Sequestrations, they will send an Answer by Messengers of their
To the Proviso in the Ordinance for Martial Law for
Newport Pagnell, &c. they do agree.
And they are to have the several Particulars to be
communicated at the next Conference.
Heads for the Conference for Martial Law.
The Lord Roberts reported the Reasons to be given
to the House of Commons, at the next Conference, concerning the Alterations in the Ordinance for Martial
Law. And the House approved of them.
(Here enter them.)
Blaney's Petition for Arrears.
The Petition of Captain Edward Blaney, was read;
desiring some Part of his Arrears to be paid him: It is
Ordered, To be recommended to the House of Commons.
The House was adjourned during Pleasure, and the
Lords went to give a Conference to the House of Commons; which being ended, the House was resumed.
Report of the Conference about the Propositions.
And the Speaker reported the Effect of this Conference; which was, "That whereas their Lordships sent
them those Propositions, which were to be presently
sent to the King, with some Alterations and Additions;
the House of Commons having taken them into Consideration, they do adhere to the 5th Proposition as it
was brought from them, and do not concur in the
Alteration made by this House: Likewise they do
not agree in the Saving added to the 21th Proposition, because they hold it not lawful to have
any Chief Office of Trust to go by Way of Inheritance.
"As concerning the 15th Proposition; the House
of Commons have not yet taken it into Consideration,
but will in convenient Time.
"To all the rest of the Alterations, the House of
Commons agrees. And they desire that such as are
agreed to may be communicated to the Scotts Commissioners."
L. Say & Seale's Claim to the Wardenship of the Cinque Ports.
Ordered, That this House gives Leave to the Lord
Viscount Say & Seale, to make it appear to the Committee of the House of Commons, what Claim and Title
he hath to the Place of Warden of the Cinque Ports and
Constableship of Dover Castle.
Order for 3000 l. for poor Widows of Officers, &c. belonging to the E. of Essex's and Sir W. Waller's Artillery.
"It is this Day Ordained, by the Lords and Commons assembled in Parliament, that Three Thousand
Pounds, with Interest, whereof Two Thousand Pounds
for Payment of the Poor Women, being the Wives
and Widows of the Persons employed in the Train of
Artillery belonging to the Earl of Essex and Sir William
Waller, and of Waggoners, and One Thousand Pounds
for Officers Widows, shall be paid, out of such Intervals of Receipts on the Excise, to come in upon the
Ordinance of the 11th of September, 1643, as shall
happen when other Payments already assigned on those
Receipts shall not all due, or, in Default thereof,
then as the same shall follow in Course; and the Commissioners of Excise or new Impost are hereby authorized to pay the said Three Thousand Pounds and Interest unto the Committee of Accompts (to be by
them paid, upon Accompt, for the Use aforesaid), or
to such other Person or Persons as shall, by Order of
that Committee, or any Five of them, be nominated
or appointed to receive the same, or any Part thereof;
and the Receipt or Receipts of such Person or Persons
so appointed, or to be appointed, or nominated, as
aforesaid, their Executors, Administrators, or Assigns,
shall be the Commissioners of Excise their sufficient
Warrant and Discharge for Payment of the said Three
Thousand Pounds and Interest, and every Part and
Parcel thereof, accordingly: And it is further Ordained, That the Interest for the Sum aforesaid, and
every Part thereof, shall be paid at the End of every
Six Months, until the said Three Thousand Pounds and
Interest, and every Part and Parcel thereof, shall be
Order for 1000 l. for Colonel Mitton's Regiment.
"Be it Ordained, by the Lords and Commons in this
present Parliament assembled, That the Sum of One
Thousand Pounds shall be paid, out of the Receipts of
the Excise or new Impost arising upon the Ordinance
of the 11th of September, 1643, towards the Payment
of Colonel Mitton's Regiment; which said Sum of One
Thousand Pounds, together with Interest for the same,
after the Rate of Eight Pounds per Centum per Annum,
for so long Time as it shall remain unpaid, the Commissioners of Excise for the Time being are hereby
authorized to pay unto Sir Thomas Middleton, One of
the Members of the House of Commons, or to his
Assigns, out of such Intervals of Receipts as shall
happen when other Payments already assigned shall
not fall due, or, for Want of such Intervals, then as
the same shall follow in its due Course and Order; and
the Receipt or Receipts of the said Sir Thomas Middleton, or of his Assigns, shall be a sufficient Discharge
unto the said Commissioners of Excise, and every of
them, their Heirs, Executors, and Administrators, for
Payment of the said One Thousand Pounds, with Interest, in Manner and Form aforesaid."
Order for raising 600 l. Weekly. in Herefordshire, for the Forces there.
"Be it Ordained, and it is Ordained, by the Lords
and Commons assembled in Parliament, That the Committees of Gloucester, Hereford, Monmouth, Glamorgan,
Brecknock, and Radnor, nominated in several Ordinances of Parliament, or any Four or more of them,
shall have, and hereby hath, full Power and Authority to rate and tax, upon the County of Hereford,
Six Hundred Pounds per Week, to be Weekly paid,
for the Space (fn. *) of Nine Months next ensuing, from the
18th Day of December last past, unless the Two
Houses of Parliament shall make any other Order
concerning the same; to be rated, taxed, levied,
and collected, in such Sort, Manner, and Form, as is
prescribed in the former Ordinances of Weekly Assessments, and to be employed by the Committee residing in the said County of Hereford, for and towards the
Maintenance of the Forces in the Garrisons of the said
County, or of or belonging thereunto."
Order for 15000 l. for the Scots Army before Newark.
"Ordered, by the Lords and Commons in Parliament, That Fifteen Thousand Pounds, Part of the One
and Thirty Thousand Pounds per Mensem appointed
for the Pay of the Scotts Army, shall be Monthly paid
to the Scotts Forces before Newarke; and that this
Fifteen Thousand Pounds per Mensem shall not be
extended to the Pay of any supernumerary Horse;
but that the Horse be reduced to the Number expressed in the Treaty, according to the Votes of both
Houses; and that the Soldiers, upon the Receipt of
this Allowance, do constantly pay and discharge their
Order for 2500 l. for Colonel Sanderson's Regiment.
"Whereas, by Ordinance of the Sixth of August last,
Five Thousand Pounds were charged in Course, upon
the Receipts of Excise, settled by Ordinance of the
11th of September, 1643, for and towards the Reducing of Oxford, and Preservation of the Garrison of
Abingdon: Be it Ordained, by the Lords and Commons
assembled in Parliament, That Two Thousand Five Hundred Pounds thereof shall be paid, either by Intervals
when other Ordinances become not payable, or otherwise in Course of the said Ordinance of the Sixth of
August last (which shall first happen), for the Service
of Colonel Sanderson's Regiment of Reformadoes,
Captain Dainton's and Captain Hanson's Troops;
which said Sum of Two Thousand Five Hundred
Pounds the Commissioners of Excise for the Time
being are hereby authorized to pay accordingly, unto
such Person or Persons as shall be appointed by the
Committee of the Three Counties of Oxon, Berks,
and Bucks, for the Use aforesaid, whose Receipt shall
be their and every of their sufficient Discharge in
that Behalf; and this Ordinance shall be likewise
Security unto such Person or Persons as shall advance
and lend the said Two Thousand Five Hundred
Pounds, or any Part thereof, for the Reimbursement by Intervals or Course as aforesaid, together
with Interest, after the Rate of Eight Pounds per
Centum, for so long Time as they shall be out of all
or any Part thereof; for Payment of which Principal
and Interest unto the Advancers and Lenders thereof
respectively, this Ordinance shall be likewise a sufficient
Warrant, together with the Receipt of every of them,
unto the Commissioners of Excise, and every of them."
Heads for the Conference concerning the Ordinance for Martial Law.
"To the Amendment, 5 Fol. 18 Line; the Lords
think it not fit that Peers of this Realm, or the
Judges, should, upon Warrants of Commissioners for
Martial Law, be summoned to appear; nor that
the Privilege of Parliament should in that Case be
"In the 7th Folio, 9 Line, Those Words seems
so obscure, as the Effect of the Ordinance is made
doubtful; wherefore, it being needful in such Ordinances as these all Things should be clear, my Lords
think fit to lay it aside.
"In the 7th Folio, my Lords do not agree to the
Amendment; it intrenching against the most inherent
Privilege of the Peers of this Realm, not only in,
but out of Parliament, who in Causes Capital are
invested by the fundamental Laws of this Kingdom
with that Right of Trial by Peers: And therefore
they have commanded me to let you know their Resolution in this Particular in the ancient Style, Nolimus Leges Angliæ mutari.
"To the Amendment in the 7th, they do not agree,
but adhere; which they think necessary, that in
all Cases Martial there should be a Power to pardon; and putting it in both Houses they think it is
in safe Hands; which were ineffectual, were there
not such a competent Time left for Information of
the Houses, and for sending and conferring together,
as in such Cases may be requisite."
House adjourned till 10, Monday Morning next.