House of Lords Journal Volume 9: 13 November 1647

DIE Saturni, 13 die Novembris.

PRAYERS, by Mr. Salawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Letter from the Scots Commissioners;

A Letter from the Scotts Commissioners was read, to desire to know what is become of the King.

and from Sir T. Fairfax.

A Letter from Sir Thomas Fairefax, was read.

Message to the H. C. for the King's Message to be communicated to the Scots Commissioners.

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

To desire that the Message of the King's, sent down Yesterday to the House of Commons, may be communicated to the [ (fn. 1) Scots Commissioners] by the Members of both Houses that are of the Committee of both Kingdoms.

Congham and Shipden.

Ordered, That the Complaint of Congham, against Shipden, shall be heard on Wednesday next; in the mean Time, Shipden to be bailed.

Griffith's Petition.

Upon reading the Petition of John Griffith, Gentleman:

It is Ordered, To be referred to the Committee of Lords and Commons for Sequestrations.

Andrews, in Error.

A Petition of Lieutenant Colonel Andrewes, was read; and Ordered, That the King's Solicitor shall grant a Warrant, for a Writ of Error for him.

Message from the H.C. with Ordinances and Orders.

A Message from the House of Commons, by Mr. Pierrpont and others; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Order for Money to be disposed, for the present Subsistence of the Forces of Lemster.

(Here enter it.)

Read, and Agreed to.

2. An Order for disposing Six Hundred and Forty Pounds, for the Relief of Ireland. (Here enter it.)

Read, and Agreed to.

3. An Agreement with Mr. Davies, for Provisions for Ireland. (Here enter it.)

Read, and Agreed to.

4. An Order for Two Hundred Pounds to be paid to the Lady Percival. (Here enter it.)

Read, and Agreed to.

5. An Order concerning Mr. Pococke and Mr. Greenhill. (Here enter it.)

Agreed to.

6. An Ordinance for taking off the Delinquency of Edward Colfer Esquire. (Here enter it.)

Agreed to.

7. An Ordinance for raising Thirty Thousand Pounds, for the Affairs of Ireland. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to all those Orders and Ordinances now brought up.

Poyntz, alias Morris, and his Wise, committed in Execution.

Ordered, That John Poyntz, alias Morris, and Mary his Wife, now in the Custody of the Gentleman Usher attending this House, shall be removed unto the Prison of the King's Bench; the said John Poyntz to stand committed by virtue of a Judgement of this House, against him and others, dated the 21th September last; and the said Mary his Wife for combining with others, in forging of a Copy of a pretended Act of Parliament; there to be until the further Order of this House.

Writs of Error brought in.

This Day Mr. Justice Bacon brought in these following Writs of Errors:

Parson and Wadman.
Wilmore and Mounke.
Pilcher and Gardner.
Burnford and Payne.
Smith and Davies.
Loftus and Whitchcott.
Viccars and Shapton.
Staveley and Rounthwaite.
Melhuish and Trowte.
Grey and Brereton.
Washborne and Hill.

Col. Whaley's Narrative, concerning the King's Escape.

This Day Colonel Whaly made a Narrative to this House, concerning his Guarding of the King, and the Manner of His Majesty's Escape from Hampton Court.

Thanks of the House given him.

And the Speaker, in the Name of the House, gave Colonel Whaley this Answer: "That their Lordships are fully satisfied with this his free and ingenuous Relation, and also with his former and faithful Service; especially with his Carriage in this Business, for which the House doth give him Thanks."

Message from the H. C. to sit P. M.

A Message was brought from the House of Commons, by Sir Thomas Dacres:

To let their Lordships know, that the House of Commons (fn. 2) intends to sit this Afternoon, at Three of the Clock; and desire their Lordships would please to do the like, if it may stand with their Lordships Conveniency.

Letter from the Scots Commissioners, concerning the King's Escape.

"For the Right Honnorable the Speaker of the House of Peeres pro Tempore.

"Right Honnorable,

"This Morning wee have heard a Report, that His Majesty is gone from Hampton Court: Therefore wee have thought it incumbent to us, to desire that both Houses would make knowne to us the Certainty thereof, to the End wee may be the better enabled to give an Account to the Kingdome of Scotland. And soe we rest

"Your Lordship's
Humble Servaunts,
Loudonn.
Lauderdaill.
Charles Erskine.
Hew Kennedy.
Ro. Barclay."

Letter from Sir T. Fairfax, for an Enquiry to be made about it, and that he is going to Ware to rendezvous the Army.

"For the Right Honourable the Earl of Manchester, (fn. 2) Speaker of the Right Honourable the House of Peers pro Tempore.

"My Lord,

"This Morning Colonel Whaley hath been with me, and given me an Account (as far as he yet understandeth) of the Circumstances appearing about the King's going away; all which the Commissioners of both Houses (as he saith) do know as fully as he: And therefore, they being (as he tells me) to acquaint the Houses therewith, I forbear for this Day to command his Attendance of your Lordships, especially in regard that there is yet some Need of the Continuance of his Guard and Care at Hampton Court, for the safe Keeping of those whom he hath secured, to be examined concerning the King's Escape; about whom I desire your Lordships would take some Order what shall be done with them, for the Examination of them or otherwise. I shall To-morrow go to Ware, according to former Resolutions, to rendezvous the Army; and shall be there until Monday towards Night, to receive your Commands.

Putney, 12 Nov.1647.

"Your Lordship's
Humble Servant,
T. Fairefax."

Ordinance for Money for Support of the Forces in Ulster and Lempster.

"Whereas there was Ten Thousand Pounds, by Ordinance of the 12th of June, appointed for paying and transporting of Four Regiments of Foot into Ireland, that were come off from the Army, Part whereof was paid unto them; and that the said Regiments did not go into Ireland: It is Ordered, by the Lords and Commons, That the Residue of the Money, that is now in the Hands of the Treasurers at Wars, be disposed by the Committee for the Affairs of Ireland at Darby House, for the present Subsistence of the Forces of Lemster, and those of Ulster, that came to their Assistance; and that, out of the same Money, the Remainder of the Money due unto Colonel Jones upon his Contract for his Regiment of Horse, being about Three Hundred and Sixty Pounds, be also paid unto him the said Colonel Jones."

Order for 640 l to Mr. Davis, for Provisions for Ireland, and to the Under Treasurers at Grocers Hall.

"Ordered, by the Lords and Commons assembled in Parliament, That the Committee for the Affairs of Ireland at Darby House do dispose of Six Hundred and Forty Pounds, of the Remainder of that Money of the First Eighty Thousand Pounds that was to be disposed by the Committee of both Kingdoms, to Mr. Davis, in Part of that Bargain: And that the said Committee shall have Power also to dispose the rest of that Money, in Way of Salary, to those who are employed as Under Treasurers at Grocers Hall."

Contract with Davis, for Provisions for Ireland.

"Ordered, by the Lords and Commons, That the Propositions of Mr. Davis and Partners, concerning a Bargain for Six Thousand Pounds-worth of Provisions, being as followeth, be approved of, and agreed unto; (videlicet,)

"It is humbly offered, That if One Thousand Pounds in Hand may be paid, that Victuals to the Values hereafter expressed shall be delivered, at the Rates and Places expressed:

"Wheat, at Four Pounds the Quarter.

"Rye, at Two Pounds Ten Shillings the Quarter.

"Oatmeal, at One Pound Two Shillings and Six Pence the Bow, every Bow weighing One Hundred and Twenty Pounds Weight.

"Oats, at One Pound Two Shillings and Six Pence the Quarter.

"Cheese, at Four Pence Half-penny the Pound:

"For the Five Thousand Pounds that will remain, Payment will be accepted on the Ordinances for Ireland, after all Money already charged on it is paid: Provided, That, if the said Money be not paid out of the said Assessments within Twelve Months after the Delivery of the said Victuals, that then some other Course shall be taken, for Payment of the said Advances some other Way, and Interest allowed him for what Time he shall want his Money after the said Twelve Months as aforesaid."

Order for 200 l. to Lady Percival.

"It is Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be charged upon the Revenue, and paid forthwith by the Committee of the Revenue, to the Lady Percivall, Relict of Sir Philip Percivall, upon Accompt, to be deducted and allowed upon her Husband Sir Philip Percivall."

Order for 900 l. for indigent Persons.

Ordered, This Order bear Date 17 Nov 1647.

Whereas Mr. Pocock and Mr. Greenhill are named Treasurers in the late Ordinance for Nine Hundred Pounds, appointed to be received out of Weavers Hall: It is now Ordered, by the Lords and Commons assembled in Parliament, That Mr. Pocock or Mr. Grenhill be and are appointed Treasurers, to receive and issue the said Monies, according to the Purport of the said Ordinance."

Ordinance to clear Colfer of his Delinquency.

"Whereas Edward Colfer, of Aylesham, in the County of Norffolke, Esquire, hath by both Houses of Parliament been admitted to his Fine of Three Hundred Pounds, he having been in Arms against the Parliament: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Edward Colfer, for his said Offence, in such Form as is agreed by both Houses for like Offenders, together with a Grant of, and Restitution to him, his Heirs and Assigns, of all his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to a Particular thereof made, and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits thereof, to the said Edward Colfer, from the 16th Day of August, 1646, with an Exception of the Right or Estate of the said Edward Colfer in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners for the Great Seal of England are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edward Colfer from any 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 Particular were of greater Yearly Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward Colfer shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Ordinance to raise 30,000l. by Adventurers Lands in Ireland.

"Whereas, by an Ordinance of this present Parliament, bearing Date the 14th Day of July, 1643, it was granted, ordained, and declared, That all those who should advance One full Fourth Part of their former, Adventures for Lands in Ireland, or that should de novo be now Adventurers, by advancing any Sum or Sums of Money, shall have a Double Proportion of Land, that is, Twice so much as was granted by any the preceding Acts or Ordinances of Parliament to Adventurers in that Behalf: Now, forasmuch as the said Ordinance, being without Limitation of Time for such Advances to be made, may much disadvantage the State, the Lords and Commons in Parliament assembled, taking the same into Consideration; and to the End Thirty Thousand Pounds and no more Money may be advanced, by paying in One full Fourth Part upon the said Ordinance to have a Double Proportion of Land, as is therein expressed; do ordain, and it is Ordained by the said Lords and Commons, That the Time limited for the Coming-in, Subscription, and Payment, of any Sum of Money, for a full Fourth Part of any the former Adventurers for Lands in Ireland, or otherwise, upon the said Ordinance of 14th July, 1643, shall be within Twenty Days next after the Passing and Printing of this present Ordinance, by all such Persons, Corporations, or Bodies Politic, as are in London, or within Ten Miles thereof; and the Time limited shall be within Forty Days after the Passing and Printing of this Ordinance, for the Coming-in, Subscription, and Payment, of any Money, for a full Fourth Part as aforesaid by all other Persons, Corporations, or Bodies Politic, of the First Adventurers for Land in Ireland, that will advance and pay One full Fourth Part thereupon, or otherwise: And it is further Ordained, by the Authority aforesaid, That, in case the said Thirty Thousand Pounds shall not be advanced and paid within the said Forty Days, as is before declared, that then it shall and may be lawful for any Person or Persons whatsoever, within Seven Days next after the Expiration of the said Forty Days, to advance and pay the full Fourth Part of any the said First Adventures, whereunto the said Fourth Part is or shall not be then added; and, upon Payment thereof, shall have and take that Advantage to himself which the said First Adventurer should or might have had by Payment of the said full Fourth Part, by virtue of the said Ordinance of Parliament of the 14th of July, 1643, before mentioned: And whereas many of the First Adventurers intended to have paid in their whole Money, according to their Subscription, within the Times limited for Payment, but were hindered by reason of the then great Troubles, and of the War in this Kingdom; it is therefore Ordained and Declared, by the said Lords and Commons in Parliament assembled, That all such Adventurers shall be admitted to make Payment of their full Adventure and Subscription of Money, and to add a full Fourth Part thereunto of their said full Adventure and Subscription, according to the said Ordinance of the Fourteenth July, 1643; and, upon Payment thereof according to the several and respective Limitation of Lives before mentioned, and not otherwise, shall have and take the like Benefit of the said Ordinance of the 14th July, 1643, for a Double Proportion of Land in Ireland, as is therein declared; any Act or Ordinance of Parliament to the contrary in any Wise notwithstanding: And it is also Ordained, by the said Lords and Commons in Parliament, That all such Coming-in, Subscriptions, or Payment of any Money, and the Benefit or Profit that may or should accrue thereupon, as shall be made in Pursuance of the said Ordinance of Parliament of the 14th of July, 1643, by any Person or Persons, or for any Corporations or Bodies Politic whatsoever, after the End and Expiration of the said Seven Days next coming after the Forty Days before mentioned, are, and shall be, by virtue of this present Ordinance, void and of none Effect, and from thenceforth shall be accounted null and void, and to be so interpreted to all Intents and Purposes any Thing in the said Ordinance to the contrary in any Wise notwithstanding: And it is hereby further Ordained, That the said Thirty Thousand Pounds; or so much thereof as shall be advanced, shall be paid in to Mr. Thomas Andrews, Mr. Thomas Foote, Mr. John Kendrick, and Mr. Samuell Avery, Aldermen of the City of London, who are hereby appointed Treasurers for the said Service, and to issue forth the said Money as they shall be ordered by both Houses of Parliament."

Post Meridiem.

PRAYERS, by Mr. Salawey.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Adjourn.

House adjourned till 10^a, Monday next.