House of Lords Journal Volume 8: 30 May 1646

DIE Saturni, 30 die Maii.

PRAYERS, by Mr. Corbett. Comes Manchester, Speaker.

Sir C. Athowe's Ordinance.

The Ordinance for taking off the Sequestration of Sir (fn. 1) Anthony Athowe's Estate, was read, and Agreed to.

(Here enter it.)

Propositions for a Peace.

The House took into further Consideration the Papers formerly delivered in to this House, concerning the Propositions.

And it is Ordered, That, in the Fourteenth Proposition, the same Words to be put in for Ireland as is put in for England, concerning the Settlement of Religion.

Expedient for settling the Militia.

Next, the Business of the Militia was debated; and the House nominated these Lords as a Committee:

It was moved, "That it might be put to the Question, Whether this should not be the Power of this Committee; which was read, as follows:

"The Power of the Committee to consider of an Expedient to this Sense,

"That the Militia be in the Houses for a certain Time absolutely; that, after that Time expired, it shall be in the King and the Two Houses; and in case of any Emergencies, that any Forces are either raised or gathered together without the Consent of the King and both the Houses, and that any Forces shall be brought against us from abroad, that then, the King refusing to join with the Houses, the Two Houses shall have Power to raise Forces by their own Authority without the King, to prevent and suppress any Insurrection or Force within this Kingdom, and to prevent and resist any Force or Invasion from abroad."

It was also moved, "That this Question might be put, Whether this House shall adhere to the former Vote?"

Then,

It was put to the Question, "Which of these Two Questions should be first put?"

And it was Resolved in the Affirmative, That the First Question shall be First put.

And then the First Question being read;

It was Resolved in the Affirmative, "That that shall be the Power of this Committee."

Letter from the Scots Commissioners.

A Letter from the Scotts Commissioners was read, as follows. (Here enter it.)

"For the Right Honorable the Speaker of the House of Peeres pro Tempore."

Sent to the H. C.

Ordered That this Letter be communicated to the House of Commons, by a Message; and accordingly it was sent down to the House of Commons, by Sir Edw. Leech and Mr. Page:

Letter from the Scots Commissioners, desiring Supplies for their Army, and that Orders may be given for their Quarters.

"Right Honnorable,

"If the sending of Supplyes to the Scottish Army, and the giveinge Order for their Quarters, were a Matter of small Consequence, or could without very greate Prejudice suffer a Delay, wee would bee very loath soe frequently to trouble the Honnorable Houses aboute that Particular; but when wee consider the exceeding greate Wants of that Army, and the insupportable Burthen that lyes upon the Countyes where they doe now reside, by reason noe Moneyes are paid to the Army wherewith they may discharge their Quarters, from whence many Dangers, Inconveniencyes, and sad Evills must needs follow, as may appeare by the Letters from the Committee at Yorke, if not very speedily prevented; wee doe find a Necessity laid upon us, still to importune the Honnorable Houses, for sendinge a considerable Supply of Money to that Army, and in the meane Tyme to give Order for their Quarters, that all Differences which may arise betweene them and the Country, or the Parliament's Forces, may bee avoyded, and all faire Correspondence may bee mutually cherished and entertained. These Things wee have earnestly pressed at the Committee of both Kingdomes, and doe now againe renew to both Houses, for our farther Exoneration; wherein as wee have used our best Endeavors to prevent the Evills that are like to ensue, soe wee cannott but promise to ourselves that the Honnorable Houses will take the same into their wise Consideration, and speedyly retourne a sattisfactory Answere to

Worcester House, 30 May, 1646.

"Your Lordships

"Very affectionate Freinds and humble Servaunts,

"Lauderdaile.

W. Jhonston.

"Hew Kennedy.

Ro. Barclay."

Ordinance to clear Sir C. Athowe of his Delinquency.

"Whereas Sir (fn. 2) Christopher Athow, of Beckamwell, in the County of Norff. Knight, hath by both Houses of Parliament been admitted unto his Fine of Four Hundred Pounds, for that he adhered to the Forces raised against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint the Commissioners of the Great Seal of England to pass a Pardon for the said Sir Christopher Athowe, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the 4th of February, 1645, with an Exception of the Right or Estate of the said Sir Christopher Athow in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; and Oliver St. John Esquire His Majesty's Solicitor General is hereby required to prepare a Pardon accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Christopher Athowe from a further Composition for any other Lands, Goods, or Chattels, than what are contained in the Particular aforesaid; and that in case the said Lands mentioned in the said Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of Our Lord 1640, then the said Sir Christopher Athowe shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Brooke and Webb in Error.

"Whereas Richard Brooke & al. Plaintiffs, in a Writ of Error against Nicholas Webb Defendant, have alledged Diminution, and pray a Certiorari before (in nullo est erratum) is pleaded: It is Ordered, by the Lords in Parliament assembled, That the said Writ of Certiorari be sued out in ordinary Course, returnable the Ninth Day of June next; and this to be a sufficient Warrant in that Behalf.

"To the Clerk of the Crown in the Chancery, or his Deputy."

Adjourn.

House adjourned till 10^a, Monday Morning next.