House of Lords Journal Volume 8: 6 June 1646

DIE Saturni, 6 die Junii.

PRAYERS, by Mr. Corbett.

Comes Manchester, Speaker.

Answer from the H. C.

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

That they will send an Answer, by Messengers of their own, to all the Particulars.

Behere & al. Order.

An Order for paying Commissary Behre and other Officers Six Hundred Seventy Pounds, &c. was read, and Agreed to. (Here enter it.)

Doctor Collidon, a Pass.

Ordered, That Doctor Collidon shall have Leave to carry over into France, for his own Use, Three Nags or Geldings, Custom-free; and shall have a Pass, for himself and his Two Servants, to go into France, and return back again, with his Family.

Moor's Order to be Governor of Ludlow,

The Order for Mr. Sam. Moore to be Governor of the Garrison and Castle of Ludlowe, was read, and Agreed to. (Here enter it.)

and Mackworth for Shrewsbury.

The Order for Colonel Humphry Mackworth to be Governor of Shrewsbury, was read, and Agreed to.

(Here enter it.)

Taylor's Order.

The Order for to pay Ten Pounds to John Taylor the Messenger, was read, and Agreed to. (Here enter it.)

Colonel Manwaring protected from Arrests till his Arrears are paid.

Upon reading the Petition of Colonel Randall Manwaringe: (Here enter it.) It is Ordered, That he shall receive the Benefit of the Protection of this House, until the Arrears owed him by the State be paid, or he recover such Debts as are owing unto him, whereby he may satisfy his Creditors.

Everard & al. versus Cater.

Upon reading the Petition of Thomas Everard, Tho. Verrin, &c. against Cater:

It is Ordered, That the Petitioners shall be sent up hither, with the Cause of their Commitment, by the Mayor of Leverpoole; and then this House will bail them, and hear their Cause.

E. of Clare's Order.

Upon reading the Petition of the Earl of Clare:

(Here enter it.)

It is Ordered, That the like Order shall be made in his Behalf, as was made in the Case of the Earl of Bedford and the Earl of Bolingbrooke, the 11 Septem. 1645.

Whinnell, committed for Words against Lord Say, released.

Upon the humble Petition of James Whinnell, who about Eight Months since was sentenced by this House, for speaking Words to the Dishonour of the Lord Viscount Say & Seale, and was committed to the Prison of The Fleete during the Pleasure of this House; the Petitioner acknowledging his deep Sease of their Lordships just Displeasure for the same:

It is Ordered, That he shall be released of his present Imprisonment.

Sir J. Sidley versus Balden.

Upon reading the Petition of Sir John Sidley, complaining against one John Balden, as appears by the Articles:

It is Ordered, That the said John Balden shall be sent for, to appear before this House, to answer the same.

Proceedings against Rawleigh stayed.

Upon reading the Petition of George Rawleigh; complaining, "That several great Actions are brought against him, for what he did as a Soldier:"

It is Ordered, That the Parties at whose Suit such Actions are commenced (fn. 1) do appear before this House, that so both Parties may be heard; and in the mean Time their Proceedings be staid.

Report of the Conference on the Papers concerning the Scots Army; and about the Propositions for Peace.

The Speaker reported the Conference Yesterday with the House of Commons, which was to this Effect:

"That Mr. Fiennes said, He was commanded by the House of Commons to deliver to their Lordships some Votes concerning the Scotch Army; which were read; videlicet,

"1. That the House of Commons do declare, That this Kingdom hath no further Use of the continuing of the Scotch Army within the Kingdom of England.

"2. That the Sum of One Hundred Thousand Pounds be forthwith provided for the Scotts Army, Fifty Thousand Pounds thereof to be paid unto them upon the Delivery-up of all the Garrisons, except Barwicke which is to be ordered and disposed of according to the Treaty; and the other Fifty Thousand Pounds when they shall be in the Kingdom of Scotland.

"3. That this House doth again desire, that the Scotts Commissioners will send to the House the Accompts of the Arrears of their Army; and doth declare, That, upon the adjusting of their Accompts, they shall be satisfied that which shall be due to them according to the Treaty.

"The House of Commons desires their Lordships Concurrence to these Votes.

"The next was, To acquaint their Lordships with some Alterations which they have made in the Propositions to be sent to the King for Peace, wherein they desire their Lordships Concurrence; videlicet,

"1. That this shall be the Introduction to the First Proposition, videlicet,

["Whereas both Houses of the Parliament of England have been necessitated to undertake a War, in their just and lawful Defence; and afterwards both Kingdoms of Engl. and Scotland, joined in solemn League and Covenant, were engaged to prosecute the same."]

"2. That these Words ["the Parliament of the Kingdom of Scotland"] be added to these Words ["Conventions of Estates"] in the First Proposition.

"Concerning the Propositions touching Delinquents; The House of Commons doth agree with the Lords, to leave John Lord Pawlett out of the First Qualification of Exception from Pardon.

"The House of Commons adhere, to continue the Earl of Derby in the First Exception from Pardon; and adhere, to continue Sir John Byron in the First Exception from Pardon; and they adhere, to continue Sir John Strangwayes in the First Exception from Pardon.

"They agree with the Lords, that Sir Richard Lane be put in the First Qualification, to have no Pardon.

"They agree to leave John Bodvile Esquire out of the First Qualification or Exception from Pardon.

"The Second Part of the Conference was delivered by Sir Henry Vane Junior; which was, concerning the Proposition to be sent to the King, touching the Militia of the City of London: And he said, He was commanded by the House of Commons to acquaint their Lordships with the Matter of Fact touching that Business, which was thus:

That 2^o Feb. 1645, the Proposition concerning the Militia of the City of London and Liberties only, without that Part which concerns the Out-parts, was at a Conference delivered to their Lordships, managed by Mr. Recorder and others, together with the other Propositions concerning the City of London.

"That, 10^o Februarii, 1645, the Lords acquainted the House of Commons, by Message sent by Justice Pheasant and Justice Rolle, that they had lately received a Petition from the City of London: They have taken Notice of the great Affections of that City, and of their great Service to the Parliament and Kingdom; that they do incline to grant their Desires, and have resolved on Two Votes, which were sent: That they have likewise returned the Propositions concerning the City of London, and do desire they may be now sent to the King with the rest of the Propositions.

"The First of these Votes to this Effect: That it might be provided, in the Act or Propositions that should pass for the Militia of the Kingdom, That the City of London might enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the raising and employing the Forces of the City, for the Defence thereof, in as full and ample Manner as they might have done before the making of the said Act or Proposition.

To the Substance of this, the House of Commons agreed, 13 Martii, 1645, limiting the Time to the 10th January, 1641, instead of these Words ["before the making of the said Act or Proposition."]

"The Second Vote delivered at this Message was to this Effect: That the Proposition for the Militia may be continued entire, as it was formerly agreed on by both Houses of Parliament, and accordingly settled with the Militia of the rest of the Kingdom.

Upon this Vote, the House of Commons resolved nothing.

"That, 13 Martii, 1645, the former of the Two Votes was agreed unto, as is aforesaid; and a Vote passed, for a Message to be sent to the Lords, to desire their Answer to the Proposition sent from this House, concerning the Militia of the City of London, to the End it may be sent with the rest of the Propositions to His Majesty.

"The same Day a Conference was ordered to be desired with the Lords the next Day, to acquaint them with the Proceedings of the House of Commons in the Propositions; to desire their Concurrence to them, and that they may be communicated to the Scotts Commissioners: They were likewise to be acquainted with the Reasons why the House of Commons cannot proceed to the finishing of the Propositions of the Militia for the Out-parts of the City of London, for the present, both Parties having not yet been heard.

"The 24 Martii, the Lords desired a Conference upon the Propositions and other Matters. Mr. Nathaniell Fiennes reported that Conference among other Matters. As to the Proposition concerning the Militia of the City of London, he reported, That he had received, as the Conference, this in Writing from the Lords; (videlicet,)

"That the Lords sent down Two Propositions concerning the Militia of the City of London, which the Lords thought fit to insert instead of those that came from that House.

"That they received, at the last Conference, from them no Mention of their Second Proposition; which was To settle the Militia of the City of London and the Parts adjacent as it was settled by the Propositions of Uxbridge.

That the Lords observe, the Parliament takes not any ancient Privilege from Bristoll, or such Towns as have been most averse to the Parliament and that the Merit of the City of London has been so eminent, as my Lords think fit rather to add than diminish any Favour toward them; and therefore they adhere to their former Votes sent down concerning the said City.

"The House of Commons took Part of this Report into Consideration, Monday, the First of June, as much as concerns Delinquents; and resolved thereupon in such Sort as is set down in the Votes of that Day.

"The House of Commons, 4 Junii, took into Consideration that Part of the Report as concerning the Proposition of the Militia of the City of London; and did agree to the former of those recited Votes, concerning the City enjoying their Rights and Privileges, in employing their Forces, in as ample Manner as they might have done before the passing the Proposition or Act for settling the Militia of the Kingdom, in the very same Terms it was formerly sent from the Lords, as appears by that Resolution. They passed other Resolutions the same Day concerning this Business; videlicet,

"Resolved, by the Lords and Commons assembled in Parliament, That whatsover Act of Parliament, or Propositions, shall pass, or be agreed on, concerning the Militia of the whole Kingdom, some Clause may be expressed therein to this Effect: That this City of London shall have and enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the raising and employing the Forces of this City, for the Defence thereof, in as full and ample Manner, to all Intents and Purposes, as they have or might have used or enjoyed the same, at any Time before the making of the said Act or Proposition, to the End this City may be fully assured it is not the Intention of Parliament to take from them any Privileges or Immunities, in raising or disposing of their Forces, which they have or might have used or enjoyed heretofore.

"To this Vote the House of Commons do fully concur in; but they say, They have received no Answer as yet to that Vote which was sent up to the Lords touching the Militia of London, wherein the Out-parts were excepted; but, instead of an Answer thereunto, they say, their Lordships sent them other Votes touching the Militia of London, which they conceive is not usual to proceed as their Lordships have done.

"The House of Commons say, That they have received Two Petitions, One from the City of London, and another from the Out-parts, concerning the Militia of the Out-parts; and that, the Difference being of great Weight and Concernment, and under Commitment at present, therefore they desire their Lordships, that the Proposition for the Militia of London, as to the City of London and Liberties, may be agreed to, and sent away speedily with the rest of the Propositions; and that the Matter in Difference that concerns the Out-parts, a Thing of Length and Difficulty, shall be taken into Consideration in convenient Time."

Ordered, That the Matter of this Report shall be taken into Consideration on Monday Morning next, at Ten a Clock, at which Time the Lords are to have Notice to be all here.

Order for 674£. 8s. 4d. for Commissary General Behre & al.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Six Hundred Seventy-four Pounds, Eight Shillings, and Four Pence, shall be paid in Course, out of the Receipts on the Grand Excise or new Impost, with Interest for the same, according to the Proportions following; videlicet, unto Commissary General Behre, Two Hundred Sixteen Pounds, Nine Shillings; unto Major Boza, Three Hundred Eighteen Pounds, Eight Shillings, Seven Pence; and unto Major Boza's Lieutenant, Forty-seven Pounds, Eight Shillings, Three Pence; unto his Quarter-master, Fifty-six Pounds, Fifteen Shillings, Nine Pence; and to the Two Trumpeters Thirty-five Pounds, Six Shillings, and Nine Pence; upon Accompt, towards their Arrears: And for the more speedy Payment thereof to the said Persons, be it further Ordained, That if any Person or Persons shall advance the said Sum of Six Hundred Seventy-four Pounds, Eight Shillings, and Four Pence, or any Part thereof, by Way of Loan, that every such Person, their Executors, Administrators, or Assigns, shall be paid and reimbursed the Sum or Sums which he or they shall so advance, out of the said Receipts of the Excise and new Impost, together with Interest, at the End of every Six Months, after the Rate of Eight Pounds per Centum per Annum, for so long Time as the same, or any Part thereof, shall be forborn; and that the said Sum or Sums to be advanced be paid to Major Samuell Boza, or his Assigns, for the Service aforesaid, whose Receipt or Receipts, testifying the Sum or Sums advanced, together with the Receipt or Receipts of the respective Advancers and Lenders thereof, their Executors, Administrators, or Assigns, shall be a sufficient Discharge to the Commissioners of Excise for the Time being for the Payment of the said Six Hundred Seventy-four Pounds, Eight Shillings and Four Pence, and Interest, and every Part and Parcel thereof, accordingly."

Col. Moore to be Governor of Ludlow.

"Ordered, by the Lords and Commons assembled in Parliament, That Colonel Samuell Moore shall be Governor of the Garrison and Castle of Ludlow; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission to be Governor of the said Garrison and Castle accordingly."

Col. Mackworth to be Governor of Swrewsbury.

"Ordered, by the Lords and Commons assembled in Parliament, That Colonel Humfrey Mackworth shall be Governor of the Castle and Garrison of Shrewsbury; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission to be Governor of the said Garrison accordingly."

Order for 10£. to Taylor, from Newark.

"Ordered, by the Lords and Commons assembled in Parliament, That John Taylor, the Messenger that brought the Letter from Major General Poyntz, from the Leaguer before Newark, of May 5, 1646, shall have Ten Pounds bestowed upon him, and paid by the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall."

Col. Manwaring's Petition, for a Protection, till his Arrears are paid, and his Debts collected.

"To the Right Honourable the House of Peers.

"The humble Petition of Randall Manwaringe Colonel;

"Sheweth,

"That your Petitioner hath with all Faithfulness served the Cause of God, the Commonwealth, and this Parliament, both before and ever since their First Sitting, unto this Day; and still is employed, both by Commission from the Militia to command all the Horse and Foot within the Line (as their Major General), and by Order of Parliament to take Care of, and to look to, the Guards at the Forts and Passages; which your Petitioner hath and doth with all Care and Diligence perform.

"Your Petitioner further sheweth, that he hath above Twelve Thousand Pounds owing him, in England, Scotland, and Ireland, which, in the Beginning of this Parliament, and since, he accounted good Debt; yet now is in Danger to lose a great Part thereof, by reason that many of his Debtors have suffered so much by these unhappy Wars, whereby your Petitioner cannot at present receive of his Debts, to enable him to pay such as he is indebted and engaged unto.

"He also sheweth your Honours, that he hath divers Arrears (to above the Value of One Thousand Pounds) due unto him, for Service to the State.

"Your Petitioner further taketh the Boldness to acquaint your Honours, that he is indebted and engaged for some others, unto some Men ill-affected to the Parliament, who with much Violence press and prosecute your Petitioner, which he conceives is done, not so much to benefit themselves, as to disable your Petitioner to serve the Parliament and City in his public Employment; or of Malice, to lay up your Petitioner, thereby to hinder him, that he cannot follow a Suit he now hath in the Admiralty, of a great Value, which is near to Sentence.

"Your Petitioner therefore humbly prayeth your Honours to grant him, that, without Leave of this Honourable House, no Man may molest or trouble him; that your Petitioner may still serve the Parliament and City, and look after his Business in the Admiralty, which is to him of so great Concernment: And if, upon Complaint to your Honours, your Petitioner shall be found justly blame-worthy, in neglecting to satisfy his Creditors as he can recover his Debts, he will willingly submit to the Severity of the most cruellest of them.

"And shall ever pray, &c.

"Rand. Manwaring."

E. of Clare's Petition, for the Seizure of his Lands in St. Clements &c. to be taken off.

"To the Right Honourable the Peers assembled in Parliament.

"The humble Petition of John Earl of Clare;

"Sheweth,

"That, being desirous to make Provision for his Younger Children, about Six Years past, he suffered a Recovery in the Court of Common Pleas, to Mr. Godfrey Maidwell and others, of certain Houses and Lands, in the Parishes of St. Clements Danes and St. Giles in the Fields; it being no Alienation, but to settle Portions for his Children, and Part hereof being held in Capite.

"For Want of Licence of Alienation, Issues were estreated, and a Seizure of those Lands issued out of the Exchequer; and the Sheriffs ready to distrain upon those Lands for those Issues.

"Your Petitioner humbly prayeth, your Lordships will be pleased to vouchsafe him the same Favour, in taking off the Seizure of his Lands, that you have afforded other Peers in Cases of the same Nature.

"And he shall pray, &c.

"Clare."

Adjourn.

House adjourned till 10^a, Monday next, Aurora.