DIE Veneris, 16 die Octobris.
PRAYERS, by Mr. Sallawey.
Comes Manchester, Speaker.
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Comes Northumb.
Comes Kent.
Comes Midd.
Comes Stamford.
Comes Nottingham.
Comes Denbigh.
Comes Suffolke.
Comes Lyncoln.
Comes Warwicke.
Comes Sarum. |
Ds. Grey.
Ds. Robertes.
Ds. Willoughby.
Ds. North.
Ds. Howard.
Ds. Maynard.
Ds. Hunsden.
Ds. Berkley.
Ds. Wharton. |
Lymbrey and Langham.
Ordered, That Lymbrey, &c. shall have a Copy of
Alderman Langham's Petition, and return an Answer to
this House this Day Fortnight; in the mean Time all
Proceedings to be staid.
The Earl of Sarum reported a Paper from the Committee of the Admiralty and Cinque Ports; which was
read, videlicet,
Swanley to be Admiral of the Irish Fleet, and to command The Lion.
Die Jovis, 15 Die Octobris, 1646.
By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas the Ship Lyon, employed in the last
Year's Expedition, under the Command of Captain
Rob'rt Moulton, as Admiral of the Irish Seas, is now
come into Portsmouth, and is near to return to her
former Station, as Admiral of the Irish Fleet, for
this Winter's Expedition; and whereas Captain
Richard Swanley, being employed in that Command
in Summer 1645, was suspended therefrom until he
had given Satisfaction to some Matters objected against
him; upon a full Hearing whereof before this Committee, he was clearly acquitted therefrom, there
appearing no Cause to repute him less capable to be
intrusted and employed in the Parliament's Service
than before; and for that this Committee conceives
his Reputation will be best repaired by a Restitution
of him to that Command: It is therefore recommended from this Committee, to both Houses of Parliament, that the said Captain Swanley may be by
them approved of, to be Captain of The Lyon, and
Admiral of the Irish Seas, for this Winter's Expedition.
"W. Jessop, Secretary."
Ordered, That this House approves that Captain
Richard Swanley be employed as Admiral of the Irish
Fleet, as is expressed in this Report; and the Concurrence of the House of Commons to be desired herein.
No Forces to be disbanded but by Order of both Houses.
Resolved, That such Forces as are raised by Ordinance of both Houses of Parliament cannot be disbanded by any Order of either House, without Order
of both Houses of Parliament.
Letter to be wrote to Sir T. Fairfax about it.
Ordered, That this Vote be sent to Sir Thomas
Fairefax, inclosed in a Letter from the Speaker of this
House; and to let him know, that this House expects
he should conform to the Contents of this Vote, when
any Thing of this Nature comes to be agitated by him.
Votes that the Letters from the E. of Ormond and Council of Ireland to the King, and Lord Mayor of London, shall not be sent them.
Next, the House took into Consideration, whether
to agree with the House of Commons in the Votes
brought Yesterday from the House of Commons, concerning sending the Earl of Ormond's Letter to the
King, and about the Delivery of the Earl of Ormond's
Letter to the City of London.
The First Vote was read, as follows:
"The Lords and Commons assembled in Parliament
do Declare, That they will not admit of the sending
of this Letter from the Earl of Ormond and others of
the Council at Dublyn to the King."
And it being put to the Question, "Whether to
agree with the House of Commons in this
Vote?"
It was Resolved in the Affirmative.
The other Vote was read, as follows:
"The Lords and Commons assembled in Parliament
do Declare, That they will not admit of the Delivery
of this Letter from the Earl of Ormond and others of
the Council at Dublyn, to the Lord Mayor of the
City of London."
And it being put to the Question, "Whether to
agree with the House of Commons in this
Vote?"
And the Votes were even, so nothing could be
Resolved at this Time.
Report of the Conference about the Ordinance concerning the Commissioners of the Great Seal.
Next, the Speaker reported the late Conference
with the House of Commons, which was to this Effect:
"That whereas their Lordships sent down to them
an Ordinance concerning Commissioners of the Great
Seal of England, wherein they have thought fit to
make some Alterations and Amendments; which they
offer to their Lordships Consideration, and do desire
Concurrence therein, with those Alterations and
Amendments and Additions."
The House taking these Additions and Alterations
into Consideration;
The Question was put, "Whether to adhere to
the Four Names formerly nominated by this
House, and sent down to the House of Commons, and to add these Three Names brought
up from the House of Commons to be Commissioners of the Great Seal of England?"
It was Resolved in the Affirmative.
Next, the First Proviso was read, in hæc verba;
(videlicet,)
"Provided always, and be it hereby Ordained, That
in case the said Persons, or any of them, before
named to be Commissioners, shall hereafter be called
or appointed Assistants in Parliament to the House
of Peers, that then the Authority or Power hereby
given to him or them so called to be such Assistants as
aforesaid shall wholly cease and be void; any Thing
in this Ordinance to the contrary notwithstanding."
And the Question being put, "Whether to agree
with the House of Commons in this Proviso."
It was Resolved in the Negative, nemine contradiconte.
Next, the Second Proviso was read; videlicet,
"Provided also and it is hereby Declared and Ordained, That notwithstanding any Thing in this Ordinance, yet the Power for the nominating and appointing Justices of Peace in any Counties or Places
within this Kingdom or Dominion of Wales, as also
the Power of presenting Ministers to any Benefice
or Living heretofore in the Gift, or belonging to
the Gift or Dispose, of the Lord Keeper of the
Great Seal of England for the Time being, shall be
and continue in the Power of both Houses of Parliament; and that the said Commissioners shall not, without Consent of both the said Houses, appoint any
Justices of Peace, or confer any Benefice belonging
to the Gift of the said Lord Keeper or Chancellor,
without such Assent as aforesaid."
And the Question being put, "Whether to agree
with the House of Commons in this Proviso?"
It was Resolved in the Affirmative.
Another Conference to be had about it.
Ordered, To have a present Conference with the
House of Commons, and to give Reasons to the House
of Commons concerning this Business.
Committee to prepare Heads for it.
These Lords following were appointed to draw up
Reasons for the Conference with the House of Commons:
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Comes Lyncolne.
Comes Denbigh. |
Ds. Willoughby.
Ds. Robertes. |
Message from the H. C. for a Conference about printing some Papers of the Scots Commissioners.
A Message was brought from the House of Commons,
by Sir Rob't Pye Knight, &c.
To desire a Conference, so soon as it may stand with
their Lordships Conveniency, touching the printing of
some Papers containing Speeches of the Scotts Commissioners at the Conference with the Committees of
both Houses.
The Answer returned was:
Answer.
That this House will send an Answer by Messengers
of their own.
Message to the H. C. about it; and the Ordinance for Commissioners of the Great Seal.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
To let them know, that this House will give a Conference presently, in the Painted Chamber, touching
the Papers of the Scotch printed; and that, at the same
Conference, their (fn. *) Lordships may offer to them somewhat concerning the Ordinance touching the Commissioners of the Great Seal.
Sir R. Shirley to have his Plate out of the Court of Wards.
Upon reading the Petition of Sir Rob't Shirly: It is
Ordered, That Mr. Hugh Awdley shall deliver to him
his Plate out of the Court of Wards and Liveries; it
being there deposited, for safe Custody only, Four Years
ago.
Fathers to be quieted in the Possession of the Parsonage of Stoke Climesland.
Upon reading the Petition of John Fathers Clerk;
shewing, "The Houses of Parliament, by Ordinance,
presented him to the Parsonage of Stoke Climseland,
in Cornwall; he is kept out of Possession by one
Pyke."
It is Ordered, That an Order shall be sent to the
Sheriff of Cornwall, to put him into quiet Possession,
according to the general Ordinance of Parliament, concerning quieting of Possessions.
Drew to be instituted to Bulwick.
Ordered, That Doctor Heath shall give Institution
and Induction to Mr. Tho. Drew, to the Parsonage of
Bulwick, in the County of North'ton; presented thereunto by Mr. Moses Tryon the Patron, with a salvo Jure
cujuscunque.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer:
That the House of Commons will give their Lordships
a present Conference, as is desired, concerning both the
Particulars.
Letter to Sir T. Fairfax, not to disband Forces without Order of both Houses.
Ordered, That the Earl of Lyncolne and the Lord
Willoughby do draw up a Letter, to be sent to Sir Tho.
Fairefax, and present the same to this House.
The Lord Willoughby reported the Draught of the
said Letter.
Which being read;
The Question was put, "Whether to agree to this
Draught of the Letter as it is brought in,
and to have it sent to Sir Thomas Fairefax?"
(Here enter it.)
And it was Resolved in the Affirmative.
Protest against it.
These Lords following, before the putting of this
Question, desired their Right of Dissent, if this Question
were carried against their Votes; which was granted:
And accordingly, that it might appear that they dissented thereunto they caused their Names to be underwritten as followeth, in Testimony of their said Dissent:
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Comes Denbigh.
Comes Kent.
Comes Nottingham: |
Comes Manchester.
Ds. Wharton. |
Ald. Fowkes and the E. I. Co.
Ordered, That the Cause between Alderman Foukes
and the India Company shall be put off till Wednesday
next, at Ten of the Clock in the Morning.
Heads for the Conference about the Ordinance for the Commissioners of the Great Seal.
The Lord Robertes reported from the Committee the
Matter of the next Conference to be with the House
of Commons; which was read, and approved of, (videlicet,)
That the Lords did send an Ordinance to the
House of Commons, on the 4th of September last
past, concerning the Great Seal of England, the Dispatch of which they looked upon as a Matter of Importance: That they did not hear from the House
of Commons until the 14th of October Instant. The
Lords find therein divers Alterations; as omitting
the Names of such as they had appointed Commissioners without any Cause alledged, they being
in their Lordships Judgement fit for that Employment. Yet, to shew how forward they are to dispatch this Affair, they have, with adhering to the
Persons formerly named by them, added those that
are desired by that House. As to the First Proviso
added by that House, the Lords do not agree, there
being no Cause to put such an Incapacity upon
them. As to the latter Proviso, the Lords do agree.
And having thus far shewed their Diligence for the
concluding of this Business, they hope no further
Delays will be therein; but that the Course of
Justice may speedily be administered by that Seal,
according to the Expectation of the Kingdom."
The House of Commons being ready for the Conference, in the Painted Chamber;
It was put to the Question, "Whether to adjourn
the House during Pleasure, or not?"
And it was Resolved in the Negative.
Then
The Question was put, "Whether to adjourn the
House till Tuesday next, at 10a of the Clock
in the Morning?"
And it was Resolved in the Affirmative.
Letter to Sir T. Fairfax, not to disband any Forces without Order of both Houses.
SIR,
I am commanded by the House of Lords to let you
know, that they have received Information of some
Directions to you, for the present Reducement of the
Forces of the Western Association under the Command of Major General Massey; upon which their
Lordships have passed this Vote, which they have
commanded me here inclosed to send to you, expecting your Conformity thereunto: And so, having no
more in Command, I rest
Your humble Servant,
Westm. the 16th Oct. 1646.
E. Manchester, &c.
"For the Honourable Sir Thomas Fairefax Knight,
General of the Forces raised by the Parliament. Haste. Haste. Post Haste."
Adjourn;
House adjourned till 10a
Tuesday next.