House of Lords Journal Volume 9: 10 November 1647

DIE Mercurii, 10 die Novembris.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Order to continue the Admiralty Committee.

"Ordered, by the Lords and in Parliament assembled, That the Committee of Lords and Commons for the Admiralty and Cinque Ports shall be continued for Four Months, from the Date hereof, according unto the Powers formerly granted."

And the Concurrence of the House of Commons to be desired herein.

Ld. Herbert's Fine taken off, and to attend as soon as he is well.

The Lord Herbert of Cherbery made his Excuse to this House of his not attending the House, which was in regard of his ill Health, and that now at present he hath an Indisposition of Health about him; but promised, as soon as his Health was better, he would attend the House.

Whereupon the House took off the Fine of One Hundred Pounds, set upon him Yesterday; and Ordered, That he attend the House as soon as his Health will give him Leave.

Answer from the H. C.

Doctor Heath and Mr. Hakewill return with this Answer from the House of Commons:

That they agree to the Three Branches added to the Proposition concerning Religion; and to the Addition in the Preamble to the Propositions, and communicating them to the Scotts Commissioners, they will send an Answer by Messengers of their own.

Message to them, for Committees to meet, to prepare an Answer to the Scots Commissioners Letter, desiring a Personal Treaty with the King; with the Order to continue the Admiralty Committee;—Wilkinson's Petition; and for Boys to be paid for Wines.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:

1. To communicate to them the Letter from the Scotts Commissioners, and to let them know, that this House hath appointed [ (fn. 1) a Committee] of Ten Lords, to consider of an Answer to be returned to the same; to meet To-morrow in the Afternoon, in the Prince's Lodgings, at Three a Clock; and desire that they would appoint a Committee of a proportionable Number, to join with their Lordships.

2. To desire their Concurrence in the Ordinance for continuing the Committee for the Admiralty and Cinque Ports for Four Months.

3. To recommend to them the Petition of Captain Wilkinson.

4. To desire them to consider of Mr. Tho. Boyes' Petition, sent down formerly, that he may, after his long Attendance (and the Recommendation from the States of Scotland), have Satisfaction for his Wines taken by Captain Plunkett, and expended by my Lord Inchiquin for the Army in Munster; and that Captain Plunkett be freed for so doing, according to the Report of the Committee of Lords and Commons for Indemnity, sent down to the House of Commons with Mr. Boyes' Petition.

Orders, &c. for Concurrence.

The Order concerning the Auditors for Officers and Soldiers, was read, and Agreed to. (Here enter it.)

The Order for Two Thousand Five Hundred Pounds, and other Monies, to the Lord of Ormond, was read, and Agreed to. (Here enter it.)

Order for 900 l. to Officers.

The Order for Nine Hundred Pounds to Officers, was read, but respited.

Ordinance concerning Trade.

The Ordinance concerning Trade, was committed to the Lord Viscount Say & Seale and the Earl of Warwicke.

Orders, &c. for Concurrence.

The Approbation of the Articles of Truro, was read, and Agreed to. (Here enter it.)

The Order for adding Mr. Strickland and Mr. John Ash to the Committee of Foreign Affairs, was read, and Agreed to. (Here enter it.)

The Ordinance for taking off the Delinquency of Wm. Burges, Thomas Piggott, and others, was read, and Agreed to. (Here enter it.)

Message from the H. C. about the Alterations in the Preamble to the Propositions;—and that they have committed Gen Stirling and Marshall.

A Message was brought from the House of Commons, by Mr. Reynolds, &c.

To let their Lordships know, that they agree to the Alteration in the Preamble before the Propositions, leaving out the Words ["be offered"].

Agreed to.

2. To acquaint their Lordships, that the House of Commons, about Four Days since, hearing that Major General Sterling and Lieutenant Colonel Marshall, being sent for by Order of both Houses, were in a Ship in the River; for the better securing of them, did commit them to the Custody of the Serjeant attending the House of Commons, to be disposed of as both Houses shall appoint.

The Answer returned was:

Answer.

That this House agrees to the Alterations in the Preamble to the Propositions, as it is now brought up.

Ordinance concerning Trade.

The Earl of Warwicke reported the Order concerning Trade, with an Alteration, which was read, and approved of.

Complaint against Cawdry and Hutton, Officers of Camb. University.

Ordered, That the Complaint against Mr. Cawdrey and Mr. Hutton shall be heard on Friday Morning next, by Counsel on both Sides.

Ordinance concerning Tonnage and Poundage.

The Ordinance concerning Tonnage and Poundage, was read Twice, and committed to these Lords following:

Any Three; to meet on Friday next, in the Afternoon, and when after they please.

Message to the H. C. for the Propositions to be communicated to the Scots Commissioners.

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hake . . .:

To desire their Concurrence, that the Propositions may be communicated to the Scotts Commissioners, Tomorrow in the Afternoon, by the Members of both Houses that are of the Committee of both Kingdoms.

Cook and Harvey.

Ordered, That the Writ of Error between Cooke and Harvey, on Friday Morning next, shall (fn. 2) be argued by Counsel on both Sides.

Ordinance concerning the auditing Officers and Soldiers Arrears.

"Whereas, by an Ordinance of both Houses of Parliament, of the First of October, 1647, Richard Wilcox, Henry Broad, Nicholas Bond, and James Prince, Gentlemen, or any Two of them, were authorized to examine and determine the Accompts of certain Persons therein mentioned, according to the Rules and Instructions which passed both Houses the 28th of May last, and were required to dispatch the same, to the End the Persons to be listed might receive such present Relief as is therein expressed: And whereas the said Committee do find that the said Persons to be listed cannot at present produce such Evidence, to make good their Arrears, as the said Instructions do require: It is hereby Ordered, That the said Committee, or any Two of them, do proceed to examine (by the Muster Rolls, or by the best Means which at present they can) such Certificates and Papers of the aforesaid Persons to be listed, as the said Persons already have, or are able at present to produce, to make good their Demands, deducting for Free Quarter, in such Cases, and according to such Rates, as are mentioned in the said Instructions; and so to present a List or Lists thereof, under their Hands, to the Parliament, together with the Proofs."

Order for 2500 l. to the Marq. of Ormond; and for other Monies due on Bills of Exchange to be paid to him.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five and Twenty Hundred Pounds be forthwith advanced and paid, by the Committee of the Revenue, to the Lord of Ormond, or his Assignee; and that it be earnestly recommended unto the Committee at Gouldsmiths Hall, forthwith to pay unto the said Lord Ormond, or his Assignee, the rest of the Monies due upon Bills of Exchange, delivered unto the said Lord Ormond in Pursuance of the Agreement and Undertaking of the Commissioners of Parliament authorized thereunto, upon Surrender of Dublyn and Garrisons by the Lord Ormond."

Articles of Truro approved of.

"The Lords and Commons in Parliament assembled do approve and allow of the Articles of Truro."

Committee for Foreign Affairs.

"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Strickland and Mr. John Ash be added to the Committee for Foreign Affairs."

Ordinance to clear Burges, Piggott, Renshaw, and Walker, of their Delinquenty.

"Whereas Wm. Burges, of Macklesfeild, in the County of Chester, Gentleman, Thomas Pigott, of Butley, in the County of Chester, Yeoman, James Renshaw, of the same, Husbandman, and John Walker, of Congleton, in the County of Chester, Skinner, have by both Houses of Parliament been admitted unto their several Fines; (videlicet,) the said William Burges to his Fine of Fifty Pounds, the said Thomas Pigott to his Fine of Thirty Pounds, the said James Renshaw to his Fine of Twelve Pounds, and the said John Walker to his Fine of Thirty-seven Pounds; for that the said John Walker was in Arms, and the other Three assisted 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 William Burges, Thomas Pigott, James Renshawe, and John Walker, in such Manner as is agreed by both Houses of Parliament, and according to this Ordinance, with a Grant and Restitution of their Lands, Goods, and Chattels, and other Estate for which the said Fines were accepted, according to the Particulars thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits; (videlicet,) to the said William Burges, from the 19th Day of December, 1645; to the said Thomas Pigott, from the 22th of December, 1645; to the said James Renshawe, from the 22th Dec'r, 1645; and to the said John Walker, from the 24th December, 1645; with an Exception of the Right or Estates of the said William Burges, Thomas Pigott, James Renshawe, and John Walker, 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 William Burges, Thomas Pigott, James Renshaw, and John Walker, 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 Particulars were of greater Yearly Values than are therein contained during Three Years before the Year of our Lord 1640, then the said Wm. Burges, Thomas Pigott, James Renshawe, and John Walker, shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Preamble to the Propositions for Peace.

"The Lords and Commons assembled in Parliament do declare, That the King of England for the Time being is bound in Justice, and by the Duty of his Office, to give His Assent to all such Laws as by the Lords and Commons in Parliament shall be adjudged to be for the Good of the Kingdom, and by them tendered unto Him for His Assent; and, in Pursuance thereof, do offer the ensuing Propositions to His Majesty, to be made Laws, for a present settling of a safe and well-grounded Peace."

Adjourn.

House adjourned till 10^a cras.