House of Lords Journal Volume 8: 29 December 1646

DIE Martis, 29 die Decembris.

PRAYERS, by Mr. Dury.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Ab. Rogers to be released.

Ordered, That Abigall Rogers, now in Bridewell, shall be released presently; she being with Child, as appeared by a Certificate from the Keeper of the Prison.

Goad to be instituted to Braughton.

Ordered, That Doctor Aylett shall give Institution and Induction to Mr. Goad, to the Church at Braughton, in the County of Oxon; he taking the Covenant, and he being presented thereunto by the Lord Viscount Say & Seale, the Patron: And this to be with a salvo Jure cujuscunque.

Message from the H. C. for a Conference concerning the Vote about disposing of the King's Person; and about the following Particulars.

A Message was brought from the House of Commons, by Sir John D' Anvers, &c.

To desire a Conference, concerning the Vote sent down to them concerning the King.

2. To put their Lordships in Mind of expediting the Ordinance concerning the Army.

3. To desire Expedition in the Order for Mr. Bence to be One of the Commissioners of the Navy, in the Place of Captain Morris, deceased.

The Answer returned was:

Answer.

That this House appoints a present Conference, in the Painted Chamber, as is desired: To all the rest, they will send an Answer by Messengers of their own.

Dan to be instituted to Worksop.

Ordered, That Doctor Heath shall give Institution and Induction to Mr. Oliver Dan Batchelor in Divinity, to the Parsonage of Warsop, in the County of Nottingham, avoided by the Death of Mr. Spur; and this to be with a salvo Jure cujuscunque; he taking the Covenant, and being presented by the Earl of Rutland.

Ordinance to settle the Militia of England Irel.

Next, the Ordinance for settling the Militia of the Kingdoms of England and Ireland, was read the Second Time.

Sir H. Cary & al. a Pass to France.

Ordered, That Sir Henry Cary, with Two Servants, John Mushan and Edward Hill, shall have a Pass, to go into France.

Sir J. Smith & al. ditto.

Ordered, That Sir James Smyth, with Two Servants, Ralph Goodman and James Williams, shall have a Pass, to go into France.

Williams to be instituted to Letterston.

Ordered, That Doctor Aylett shall give Institution and Induction to Morgan Williams Clerk, to the Rectory of Letterston, in the County of Pembrooke, void by the Incumbent's Death; he taking the Covenant; he being presented by Grant under the Great Seal of England: This to be with a salvo Jure cujuscunque.

The House of Commons being come, the House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference about the Vote for disposing of the King's Person.

The Speaker reported the Effect of the Conference with the House of Commons; which was, "That they having received a Vote from their Lordships concerning the disposing of the Person of the King, they agree to it, with some Alterations and Additions: As for the Place, they think it fittest to be at Holdenby, because that House is more capacious and better fitted to receive Him and His Company; and it is in the Heart of the Kingdom, safer and fitter for Addresses to His Majesty. As to the latter Part of it, they have made Alterations in it, because they say they cannot undertake for any but for the Kingdom of England."

Committee to amend it.

Then the said Vote was read, with those Alterations and Additions, as it came from the House of Commons.

And this House thought it fit to make some Alterations therein, according to the Sense of the House.

And the House named these Lords following, to draw up the Alterations, and present the same to this House:

The House was adjourned during Pleasure.

And the House being resumed;

The Speaker reported the Alterations which the Committee hath made.

Then the House commanded the said Vote should be read, with the said Alterations.

And the Question being put, "Whether to pass this Vote, with the Alterations and Additions now read?"

It was Resolved in the Affirmative.

Message to the H. C. for a further Conference about it.

A Message was sent to the House of Commons, by Mr. Serjeant Fynch and Mr. Doctor Aylett:

To desire a present Conference, concerning the last Conference.

Ordinance for settling the Militia.

Next, the House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for settling the Militia of England, &c.

The House was resumed.

Answer from the H. C.

Mr. Serjeant Fynch and Doctor Aylett return with this Answer:

That the House of Commons will give a present Conference, as is desired.

The House was adjourned during Pleasure; and the Lords went to give a Meeting to the House of Commons, at a Conference; which being ended, the House was resumed.

Ordinance for settling the Militia.

The House was again adjourned into a Committee during Pleasure; and took into Debate the Ordinance concerning the settling of the Militia.

And the House was resumed.

An Addition to the Proviso was reported, as fit to be added, for saving the Right of the Lord Lieutenants.

And the said Addition was read.

And the Question being put, "Whether this Addition shall be added to the Proviso?

It was Resolved in the Affirmative.

The said Ordinance was then read the Third Time, with the aforesaid Addition.

And the Question being put, "Whether to agree to this Ordinance with this Addition now read?"

It was Resolved in the Negative.

Clause in the City Petition, about electing their Militia.

The Question being put, "Whether the Clause in the Petition of the City of London, about electing of their Militia, shall be taken into Consideration on Thursday Morning next?"

It was Resolved in the Negative.

Then the House took that Clause into Consideration; and these Two Questions were proposed; videlicet,

"1. Whether an Ordinance shall be drawn, in Pursuance of the Proposition for the Militia of London?

Ordinance to be drawn in Answer to it.

"2. Whether an Ordinance shall be drawn, in Answer to the Clause in the City Petition?"

And the Question being put, "Whether the First Question shall be first put?"

It was Resolved in the Negative.

The Second Question was Agreed to by general Consent.

Committee to prepare it.

And the Earl Lyncolne, Lord Wharton, and the Lord Robertes, were appointed to draw up an Ordinance accordingly, and present the same to the House.

L. Rich, Privilege.

The House was informed, "That the Lord Rich is arrested, and carried to a Tavern."

It is Ordered, That the Lord Rich, being a Peer of this Realm, and now in Arrest, shall be presently released, and enjoy the Privilege of a Peer of this Realm.

Langham and Lymbrey.

Ordered, That the Cause between Alderman Langham, &c. and Lymbrey, &c. shall be put off till Tuesday come Sevennight; and Parties on both Sides to have Notice hereof.

Forster, Countess of Peterborough's Servant, Privilege.

Upon reading the Petition of the Countess of Peterburgh; complaining, "That Thomas Forster, a menial Servant of hers, is arrested, upon Mean Process, by the Bailiff of the Dutchy of Lancaster, at the Suit of Anne Stempe Widow:"

It is Ordered, That the said Forster shall be forthwith released of his present Restraint, and enjoy the Privilege of Parliament, as menial Servant to the said Countess of Peterburgh.

Ordinance about the London Militia.

The Lord Robertes reported the Draught of the Ordinance concerning the Clause in the City Petition, which was read Twice.

And the Question being put, "Whether this Ordinance shall be committed, and the other Ordinances to be perused?"

It was Resolved in the Negative.

Then the said Ordinance was read the Third Time.

And the Question being put, "Whether to agree to this Ordinance or not?"

It was Resolved in the Affirmative.

Watson and Sir J. Corbet.

Ordered, That the Committee for Mr. Watson's Business shall meet on Thursday Morning; and to adjourn from Time to Time.

Message to the H. C. with the Ordinance about the London Militia.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To communicate to them the Ordinance concerning the Militia of London, and desire their Concurrence therein.

Adjourn.

House adjourned till 9^a cras.