House of Lords Journal Volume 8
7 December 1646

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1767-1830

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'House of Lords Journal Volume 8: 7 December 1646', Journal of the House of Lords: volume 8: 1645-1647 (1767-1830), pp. 597-599. URL: http://www.british-history.ac.uk/report.aspx?compid=34156 Date accessed: 21 September 2014.


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DIE Lunæ, 7 Decembris.

PRAYERS, by Mr. Tuckney.

E. Manchester, Speaker.

E. Kent.
E. Pembrooke.
E. Stamford.
E. Mulgrave.
Viscount Hereford.
E. Northumb'land.
Comes Sarum.
Comes Warwicke.
Comes Lyncolne.
Comes Rutland.
Comes Midd.
Comes Denbigh.
Comes Suffolke.
L. Viscount Say & Seale.
L. Mountague.
L. Roberts.
L. North.
L. Howard.
L. Bruce.
L. Maynard.
L. Wharton.
L. Willoughby.
L. Berkeley.
L. Grey.

Ordinance to press Ships for transporting Troops to Ireland.

Ordinance H. L. That Ships may be pressed, for the transporting of Soldiers into Ireland, 1a & 2a vice lecta; and Ordered to be sent to the House of Commons, to continue from the Date thereof unto Six Months next ensuing.

This was brought from the Committee of the Admiralty and Cinque Ports.

Message from the Assembly, with the Remainder of the Confession of Faith.

This Day Mr. Prolocutor, with many others of the Assembly of Divines, presented the Remainder of the Articles of the Confession of Faith; One Part whereof they brought up formerly, which their Lordships have passed; and because of the great Concernment of it, they have likewise now brought it up in One entire Body. And he gave their Lordships Thanks for their many Encouragements they have received from this House.

The House received the said Remainder of the Confession; and Ordered, That the Speaker should let them know, that this House hath passed the First Part of the Confession, and have sent the same to the House of Commons; and likewise that they shall have Thanks returned them, for their great Pains they have expressed in giving their Advice in the Matters concerning the Matters of Religion; and to signify to them, that this House will be ready to give them all further Encouragement in their Progress of the Work.

Answer to them.

The Prolocutor and the rest of the Assembly were called in again; and the Speaker spake to them to the Effect as aforesaid.

Message to the H. C. with an Ordinance, and about Ld. Pawlet's Petition.

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

To deliver to them the Ordinance for pressing Ships to carry Men and Ammunition into Ireland, and to desire their Concurrence therein.

2. To put them in Mind of the Lord Edward Pawlett's Petition.

Committee to prepare an Ordinance to prevent Malignants from residing in London.

"It was moved, That some Course may be taken how to prevent the great Concourse of Malignants to this Town; and to consider of their Abode here, and the Inconveniency that may happen thereby."

Hereupon this House Ordered, To appoint a Committee to draw up an Ordinance for this Purpose, and to present the same to this House; and to send to the House of Commons, that they would conjoin in adding a Committee of their House of the like proportionable Number.

Comes Northumb.
Comes Pembrooke.
Comes Sarum.
Comes Lyncolne.
Comes Warwicke.
Comes Kent.
Comes Manchester.
Comes Mulgrave.
Comes Denbigh.
Ds. Robertes.
Ds. Howard.
Ds. North.

Any Four, to meet To-morrow in the Afternoon; and afterwards to have Power to adjourn themselves from Time to Time as they shall see Cause.

Message to the H. C. to appoint a Committee to meet with them.

A Message was sent to the House of Commons, by Doctor Aylett, &c.

To let them know, the Lords have taken into their Consideration the present great Resort and Abode of such as have expressed their Disaffections to the Parliament, have thought fit to appoint a Committee of Twelve Lords, and desire the House of Commons to appoint a proportionable Number of their House, that may meet on Tuesday next, in the Afternoon, in the Prince's Lodgings, at Three of the Clock, that they may consult of such Ways and Means as may prevent the Dangers and Inconveniencies which may come to the Parliament, the Cities of London and Westm. and Parts adjacent, by their still Continuance in and about the said Cities, and to report their Opinions to the Houses.

The Quorum of the Lords is any Four, with Power after the First Meeting to adjourn from Time to Time.

Message from thence, with Instructions to the Committee for treating with the Scots Commissioners;

A Message was brought from the House of Commons, by Mr. Pierrepont:

To desire their Lordships Concurrence in Instructions to be given to the Members of both Houses that are of the Committee of both Kingdoms, concerning their treating with the Scotts Commissioners about the paying of the Two Hundred Thousand Pounds, and the delivering up of our Garrisons. (Here enter them.)

Agreed to.

and with a Vote about securing the Payment of Money due to the Scots.

2. A Vote concerning the Security for the Payment of the latter Two Hundred Thousand Pounds to the Scotts. (Here enter it.)

Read, and Agreed to.

Ordered, That the Members of this House that are of the Committee of both Kingdoms shall communicate the aforesaid Particulars to the Scotts Commissioners this Afternoon, and to proceed therein.

The Answer returned was:

Answer.

That this House agrees to both the Particulars now brought up.

Sir J. Brampston's Writ of Summons in Lieu of the One superseded by the King.

It was moved, "That Sir John Brampston Knight, might be called and admitted into this House, to be an Assistant, by virtue of his former Writ, which is superseded by the King."

And for the further Debate of this Business the House was adjourned into a Committee.

The House was resumed.

And the Question being put, "Whether to defer this Debate concerning Serjeant Brampston till Friday next?"

And the Votes were even.

Message from the H. C with Ordinances.

A Message was brought from the House of Commons, by Sir Wm. Strickland Knight, who brought up divers Ordinances:

1. An Ordinance for Continuance of Sir Tho. Fairefax'Army.

2. An Ordinance concerning Two Hundred Pounds to be paid to Colonel Aldridge. (Here enter it.)

Read, and Agreed to.

3. An Ordinance for Continuance of the Committee and Treasurers of the Army.

4. An Ordinance concerning the Comptroller of the Customs of South'ton.

5. To put their Lordships in Mind of the Ordinances concerning the Propositions, and concerning the Plymouth Duty.

The Answer returned was:

Answer.

That this House agrees to the Order for the Two Hundred Pounds to be paid to Colonel Aldridge: To all the rest, their Lordships will send an Answer by Messengers of their own.

Ordinance for pressing Ships to transport Troops to Ireland.

"Whereas there is at this present Soldiers, Horses, Arms, Ammunition, and other Provisions, to be transported out of this Kingdom into Ireland, there to be employed in the Parliament's Service against the Rebels; and for that the Exigencies of the Protestants in Ireland will necessarily call for future Supplies of Men and Provisions, the delaying whereof, through Want of fit Vessels to transport them, cannot but be very prejudicial, both to the Protestants there as also to this Kingdom: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the Committee of the Lords and Commons for the Admiralty, or Lord High Admiral, or Commissioners of the Admiralty for the Time being, appointed by both Houses of Parliament, shall and may, at any Time or Times from the Date hereof unto the End of Six Months then next ensuing, by their Officer or Officers, or such Person or Persons as they shall in this Behalf authorize and appoint, take up and impress, at any Port within His Majesty's Dominions, such and so many Ships, Barks, Pinnaces, and other Vessels, as now are, or hereafter shall be, requisite and necessary for the Transportation of Soldiers, Arms, Ammunition, or other Provisions, to any Port in the Kingdom of Ireland, for the Service of the Parliament, upon such Terms, and at such Rates, as shall be reasonable; and all Justices of Peace, Mayors, Sheriffs, Bailiffs, Officers of Ports, and all other Persons whom this may concern, are at their Peril to give their best Assistance thereunto, as they will answer the contrary."

Instructions to the Committee for treating with the Scots Commissioners, about paying the Money due to their Army; and for it to return Home.

"That the Two Hundred Thousand Pounds be brought to Yorke, and told there by Persons appointed on both Sides.

"That One Hundred Thousand Pounds of the said Two Hundred Thousand Pounds be paid to our Brethren of Scotland, at North Allerton, within Five Days after it is told at Yorke.

"That, when the said One Hundred Thousand Pounds comes to Topcliffe, the Kingdom of Scotland shall there deliver Hostages, for Assurance that the Scotts shall quit all their Quarters, (fn. *) Passes, and Garrisons, on the South Side of Tyne, with the Town of Newcastle and Castle of Tynmouth; and shall deliver up, to such Forces as both Houses of the Parliament of England, or such as shall be by them thereunto authorized, shall appoint, all the aforesaid Places, together with all the Ordnances, Arms, and Ammunition, belonging to the Kingdom of England, within Ten Days after the said Hundred Thousand Pounds shall be paid at North Allerton as aforesaid; and upon Performance hereof, the Hostages shall within a Day be re-delivered within Half a Mile of the Works on the North Side of Newcastle.

"That, upon the Delivery of the Garrisons on the South Side of Tyne, and of the Town of Newcastle and Castle of Tynmouth as aforesaid, the Kingdom of Scotland shall have Hostages given unto them, upon the Re-delivery of theirs as aforesaid, for Assurance that the other Hundred Thousand Pounds shall be paid to them on the North Side of Newcastle, within a Mile of the Works of the said Town, within Eight Days after the quitting of Newcastle, the Castle of Tynmouth, and the other Garrisons as aforesaid; and that all their Forces shall be drawn on the North Side of Tyne.

"That, upon the Delivery of the other Hundred Thousand Pounds on the North Side of Newcastle as aforesaid, our Hostages are to be delivered to us; and upon the coming of the Money out of Newcastle, Hostages are to be delivered to us from the Kingdom of Scotland, that their Army and their Forces do march out of the Kingdom of England; and Berwicke and Carlisle and the Garrisons in Scotland slighted, according to the large Treaty, within Ten Days after the Payment of the latter Hundred Thousand Pounds; which Hostages are to be delivered back as soon as their Armies and Forces are marched out of the Kingdom of England, and Berwicke and Carlisle and the Garrisons in Scotland slighted as aforesaid, according to the large Treaty.

"The Lords and Commons do agree to this Proposition, to be an Instruction to the Committee appointed to confer with the Commissioners of Scotland, upon the Manner of Payment of the Money to our Brethren of Scotland, upon the March of their Forces out of this Kingdom."

Security for the last 200,000£. to the Scots.

"Resolved, by the Lords and Commons in Parliament assembled, That the Security to be given for the Payment of the latter Two Hundred Thousand Pounds to our Brethren of Scotland, according to the Times formerly resolved on, shall be, the Public Faith of the Kingdom of England."

Order for 200£. to Colonel Aldridge.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee of Lords and Commons for the Advance of Monies at Habberdashers Hall do give Order for Payment of Two Hundred Pounds, upon Accompt, unto Colonel Edward Aldrich, to go in Part of the Arrears due unto the said Colonel Edward Aldrich upon his Entertainment."

E. of Leicester and Johnson, about Lands in Coventry.

Upon reading the Affidavit of William Gibbons; informing, "That, by virtue of a Writ which issued forth of His Majesty's Court of Exchequer in Trinity Term last, at the Prosecution of Edward Johnson Esquire, a Counsellor at Law, returnable in the same Court in Michaelmas Term then next ensuing, directed to the Sheriffs of Coventry, was, upon the 15th or 16th Day of September last past, by the then Sheriffs of Coventry, put out of Possession of divers Grounds, commonly called Astell Grove and Ellesden, lying in the County of the said City of Coventry; which Lands he then, and for divers Years then last past, did hold by Lease of and from the Right Honourable Robert Earl of Leicester."

And further it was informed, "That Mr. Thomas Basnett, Richard Taylor, and others, who were also Tenants to the said Earl of other Parts of the said Lands, were then also put out of Possession of the same, by the same Sheriffs, by virtue or colour of the aforesaid Writ; and that the said Mr. Johnson was then put into Possession into the said Lands by the same Sheriffs, though the said Earl hath been in Possession, both by Conveyance and Descent, about Twelve Years."

It is Ordered, by the Lords in Parliament assembled, That the Earl of Leicester shall be restored again to his quiet Possession of all the aforesaid Lands, out of which he or his Tenants have been put out of Possession. by virtue or colour of the aforesaid Writ out of the Exchequer; he being thus immediately dispossessed contrary to the Privilege of Parliament, he being a Peer of this Realm.

Sir T. Cheek and Sir H. Mildmay, concerning the Barony of Fitzwalter.

Upon reading of the Petition of Sir Thomas Gheeke Knight, laying Claim to the Barony of Fitzwater, to which Barony Claim is likewise made by Sir Henry Mildmay of Moulsham Knight, and was by Order to have been heard on this Day, whose Petition was read on the First of December, 1645, before the Lords in Parliament, and then and many Times since ordered to be heard touching the same his said Petition of Claim to the said Honour; and Reference from His Majesty to the Parliament in that Behalf being received into this House on the 9th of August, 1641: It is Ordered, &c. That the Cause between the said Sir Thomas Cheeke and Sir Henry Mildmay shall be heard, by their Counsel, at this Bar, touching their Claim unto the said Barony, the 15th of January next, at Eight of the Clock in the Morning; and that His Majesty's Solicitor is hereby desired to come then, prepared to maintain the King's Right; and that, in the mean Time, he will give Notice to other of the King's Counsel to assist him therein as he shall think fit, that, upon hearing of all Parties, this House may do therein as shall be meet.

Order to prevent Disturbances in Westminsterabbey during Service-time.

"Whereas there hath been formerly Orders, from the Lords and Commons in Parliament assembled, to prevent the gross and insufferable Abuse of disordered People, which, with their Walking, Talking, and Noise of Children, in Prayer and Sermon Times, disturb both the Ministers and Congregation; and the same Abuse continues still: It is therefore Ordered, That the High Constable do, upon Wednesday next, send Two Constables to the Abbey Church, with Two Beadles or Two Warders, to attend, One at the Monument Door on the South Side of the Church, and the other to attend in the Body of the Church, that, with their Care, and the Officers of the Church, so great an Abuse may be reformed: If there be any that will still wilfully offend, whether Men, Women, or Children, the Constables and Officers do seize upon their Persons, and bring them before the next Justice of Peace, to receive according to their just Demerit. Let neither Constables nor Officers fail of this their Duty, at their utmost Peril.

"This on Humiliation-days, Lords-days, and Thanksgiving-days, to be duly observed likewise."

Footnotes

* Origin, Passesses.