House of Lords Journal Volume 8: 12 February 1646

Pages 162-163

Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 162
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DIE Jovis, 12 die Februarii.

PRAYERS, by Dr. Hill.

Comes Manchester, Speaker.

Comes Essex.
Comes Pembrooke.
Comes Stamford.
Comes Lyncolne.
Comes Warwicke.
Comes Nottingham.
Comes Sarum.
L. Viscount Say & Seale.
Comes Suffolke.
Comes Kent.
Comes Bolingbrooke.
Comes Denbigh.
Comes Northumb.
Ds. North.
Ds. Robertes.
Ds. Howard.
Ds. Grey.
Ds. Bruce.
Ds. Mountague.
Ds. Willoughby.
Ds. Dacres.
Ds. Berckley.
Ds. Wharton.
Ds. Maynard.

Answer from the H. C.

Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:

That they agree for The Unicorne and The Victory to be added to the Navy for this Summer's Fleet: To the rest of the Particulars (fn. 1)

Message from thence, with an Order, &c.

A Message from the House of Commons, by Sir Thomas Dacres and others:

The House of Commons desires the Lords Concurrence in an Ordinance and and Order; videlicet,

Order H. C. for Justices of Assize and Gaol Delivery be appointed; which was read, and Agreed.

(Here enter it.)

Ordinance H. C. for the Well-Government of the University of Cambridge, 1a, 2a.

Ordinance for Government of Cambridge University.

The Ordinance for the University of Cambridge was read Twice, and committed to these Lords following:

Comes Lyncolne.
Comes Warwicke.
Comes Manchester.
Comes Nottingham.
Ds. Robertes.
Ds. Mountague.
Ds. Willoughby.
Ds. Bruce.

Any Three, to meet To-morrow Morning, at Nine a Clock, in the Prince's Lodgings.

The Answer returned was:


That this House agrees to the Order concerning the Assizes; as to the Ordinance concerning Cambridge, their Lordships will send an Answer by Messengers of their own.

Pass, for the Portuguese Agent to go Home.

The Speaker acquainted this House, "That he had received a Letter from the Portugall Agent, for a Passport, for himself, his Wife, his Son, Servants, and Houshold Stuff, to go to Portugall, either directly, or by Way of France:" Which being read, it is Ordered, That he shall have a Pass accordingly.

Moiety of Leicester Excuse to be employed for the Forces there.

Resolved, &c. That the Moiety of the Excise in the County of Leicester shall be employed for the Use and Maintenance of the Forces in the said County.


Colonel Needham to be Governor of Leicester, and Cambridge Major there.

"Ordered, by the Lords and Commons assembled in Parliament, That the Members of both Houses that are of the Committee of both Kingdoms do grant unto Colonel John Nedham, Governor of Leicester, and so appointed by Sir Thomas Fairefaix, a Commission for the said Place of Governor; and that they likewise grant a Commission to Owen Cambridge, to be Major to the said Governor."

Sir J Harrington, 4 l. per Week.

"Ordered, by the Lords and Commons assembled in Parliament, That the Allowance of Four Pounds per Week be allowed unto Sir James Harrington, for his present Support, to commence from the First of January, 1645; and that this Allowance be charged upon the Receipt of the Committee of Lords and Commons at Haberdashers Hall."

Votes for reducing the Scots Horse.

Next, the House took into Consideration that Branch of the Message brought from the House of Commons by Sir Henry Mildmay, to desire their Lordships Concurrence, that the Vote passed both Houses, for reducing of the supernumerary Horse in the Scotts Army, may be communicated to the Scotts Commissioners.

And after some Debate;

"This Question was put, "Whether to have this Vote to be communicated to the Scotts Commissioners, according to the last Desire of the House of Commons?"

And the Votes were even, so as nothing (fn. 2) was concluded at this Time.

Ordered, That this Vote shall be taken into Consideration To-morrow Morning.

Ordered, That the Orders of this House shall be read on Saturday Morning next.

Ordinance for Martial Law.

The House was adjourned during Pleasure into a Committee, to consider of the Alterations brought up from the House of (fn. 3) Commons in the Ordinance concerning Martial Law.

The House was resumed.

And the House Resolved, To lay aside the Addition of Colonel Daniell Sowton, Major Rob't Tompson, Lieutenant Colonel Taylor.

Next, the Question was put, "Whether to agree with the House of Commons in this Alteration, (videlicet,) in the 3° Folio, in the 17th Line, after the Word [" whosoever"], add these Words [hath plotted, contrived, or endeavoured, since the 16th of December, 1644"]? And it was Resolved in the Affirmative.

The Clause in the said Ordinance, for exempting Peers of this Kingdom, &c. to be liable to be sent for as Witnesses, to be adhered to; and the Alteration of the House of Commons not to be agreed to; and it was Ordered so, nemine contradicente.

In Folio 6, leave out the Proviso beginning in the 21 Line, and ending in the 2d Line of the 7th Leaf.

Resolved, upon the Question, That this House agrees with the House of Commons in this Alteration.

In the 7th Folio, after the Word [" Witnesses"], in the 5th Line, leave out the Word [concurring"].

The Question was put, "Whether to agree with the House of Commons in leaving out the Word ["concurring"]?

And the Votes were even, so nothing was now Resolved.

In the 7th Folio, after the Word ["the"], in the 9th Line, add these Words ["apprehending or summoning either a Delinquent or Witnesses, or to the"].

Ordered, That this House agrees not to this Alteration; but adhere.

In the 7th Folio, after the Word ["Parliament"] in the 12 Line, add these Words ["without Assent and Leave first had and obtained of the Houses of Parliament respectively, whereof he is, shall be, or hath been, a Member, Assistant, or Officer"].

Laid aside; and adhere as it was.

In the 7th Folio, after the Word [" Parliament"] in the 12th Line, leave out all that follows to the Word ["And"] in the 16th Line.

The Question was put, "Whether to agree with the House of Commons in leaving out the said Proviso?"

And the Votes being even, nothing was Resolved on.

Ordered, That such of these Questions as are undetermined shall be taken into Consideration To-morrow Morning.

Judges to go the Circuits.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Justices of Assize, Gaol Delivery and Nisi Prius, do go their Circuits in usual Manner as formerly hath been accustomed; and that the Commissioners for the Great Seal of England do issue Commissions to the Justices of either Bench, and Barons of the Exchequer, and to the Commissioners of the Peace in the several Counties respectively, under the Power of the Parliament, where Affizes may be with Safety held, to perform the said Service accordingly."


  • 1. Sic.
  • 2. Deest in Originali.
  • 3. Origin. Conference.