House of Lords Journal Volume 8: 11 June 1646

DIE Jovis, 11 die Junii.

PRAYERS, by Mr. Pickeringe.

Comes Manchester, Speaker.

Mr. Chomley's Ordinance.

The Ordinance for paying One Thousand Nine Hundred Pounds, out of the Excise, to Mr. Chomeley, was read Twice, and Agreed to.

Sir T. Liddell's.

The Ordinance concerning the taking off the Sequestration of Sir Thomas Liddell's Estate, was read, and Agreed to. (Here enter it.)

Colonel Birch's Order.

An Order to pay One Thousand Pounds to Colonel John Birch, was read, and Agreed to. (Here enter it.)

Ingle and Ford versus Cornwallis.

Ordered, That the Cause between Mary Foord and Cornwallis, and likewise the Cause (fn. 1) between Inggle and Cornwallis, shall be heard, at this Bar, the Second of July next.

Abingdon, &c. Ordinance.

An Ordinance for paying Three Thousand Pounds, out of the Excise, for the Garrisons of Abbingdon and Reading, was read, and Agreed to. (Here enter it.)

Henly, D°.

An Ordinance for paying One Thousand Pounds, out of the Excise, to the Garrison of Henly, was read, and Agreed to. (Here enter it.)

Monmouth, D°.

An Ordinance for paying One Thousand Pounds to the County of Monmouth, was read, and Agreed to.

(Here enter it.)

Northern Association, D°.

An Ordinance for Ten Thousand Pounds for the Northern Association, was read.

Message from the H. C. to communicate the Propositions to the Scots Commissioners.

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

To desire that such Propositions for Peace as are agreed upon by the Houses, and have not been communicated to the Scotts Commissioners, that some Course may be taken to acquaint them with them; and that such as are not yet agreed upon may be dispatched with as much Expedition as may be.

Answer.

"Resolved, upon the Question, That this Answer shall be given to this Message: That their Lordships are in Consideration of the Propositions to be sent to the King, and will give as speedy a Consideration as they can to them, and will send an Answer by Messengers of their own."

Russian Ambassador to have an Audience of Leave.

The House was informed, by the Master of the Ceremonies, "That the Ambassador for the Emperor of Russia is going away; and he desires he may have the Honour as to see the Houses of Parliament before he goes."

Hereupon this House Ordered, That he may be received here on Saturday Morning next, and receive the Letter from this House; and that a Chair be set for him to sit in; and that the Master of the Ceremonies do signify so much to the Ambassador.

Propositions for Peace.

The House took into Consideration the Remainder of the Scotch Paper.

And the House Ordered, That now, with the rest of the Propositions, a Proposition shall be sent to the King, for an Act of Oblivion for both Kingdoms of England and Scotland; and also a Proposition for an Act for disbanding the King's Armies, both in England and Scotland, and Dominion of Wales.

The Earl of Lyncolne reported, "That the Committee, Yesterday appointed, considered of the Names of the Lords who are to be Conservators of the Peace between the Two Kingdoms; and likewise some Powers, which the Committee offers to the Consideration of the House;" which were read, as follow:

The Powers are:

"To preserve Peace betwixt the Kingdoms, and to prevent the Violation of the Articles of the large Treaty of Peace; and to hear and determine all Differences that may arise by any Violation of the said Articles."

Resolved, upon the Question, That this brought now in by the Committee shall be added to the Propositions to be now sent to the King.

Message from the L. Mayor, &c. that the City Charters relative to the Militia may not be insringed by the Propositions.

A Message was delivered, by Mr. Proby, accompanied with many Aldermen and Common Council, from the Lord Mayor and Court of Aldermen of the City of London;

"That he was commanded to give their Lordships Thanks, for their Favour shewed towards the said City; and that the Lord Mayor and Court of Aldermen take Notice of a Vote, made by both Houses of Parliament, of the 4th of June last; and they humbly desire, that when Propositions are sent to the King, that nothing may be sent as may infringe the Liberties and Franchises of the said City, which are confirmed by their Charters."

The Persons withdrew; and the House taking this Message into Consideration.

And the Speaker was commanded by the House to return them this Answer:

Answer to them.

"Gentlemen,

"The Lords do acknowledge your faithful and good Service of the City of London; and have commanded me to declare, That it is not the Intention of this House to infringe any of the Rights and Privileges of the City of London in the Militia thereof; and that they intend to send a Proposition with the First as are to be sent to the King, to this Purpose: ["That no Citizens, or City Forces, shall be compelled to be drawn forth of the said City, or Liberties thereof, for Military Service, without their Consent."]."

Colonel Lylburn committed for Contempt.

This Day Lieutenant Colonel Lylborne was brought to this Bar, for writing a scandalous Pamphlet; and at the Bar he delivered in a Paper, intituled, "The Protestation, Plea, and Defence of Lieutenant Colonel John Lilburne, given to the Lords, at their Bar, the 11th June, 1646; with his Appeal to his competent, proper, and legal Tryers and Judges, the Commoners of England assembled in Parliament."

Hereupon it is Ordered, That the said Lieutenant Colonel Lylburne shall stand committed to the Prison of Newgate, during the Pleasure of this House, for bringing into this House, at this Bar, a scandalous and contemptuous Paper; and that the Keeper of Newgate do keep him in safe Custody.

Writs of Error brought in.

Mr. Justice Bacon One of the Judges in the King's Bench, brought this Day into the House Eight several Writs of Error, and One Certiorari; (videlicet,)

1. A Writ of Error pro Andrewe Hart Plaintiff, versus Edw. Bradley Defendant.

2. George Gardner Plaintiff, versus Kath. Highlord Defendant.

3. Humfrey Stile Plaintiff, versus Thomas Jerman Defendant.

4. John Tompson Plaintiff, versus Francis Scott Defendant.

5. Rob'te Burges Plaintiff, versus Tho. Whitacre Defendant.

6. Jul. Ferris Plaintiff, versus James Hayes Defendant.

7. Charles Lee Plaintiff, versus Sarah Gregg Defendant.

8. Edward Midwinter Plaintiff, versus Alann Vane Defendant.

A Certiorari inter Brooke & Webb.

Order for 1900£. to Mr. Chomley.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That One Thousand Nine Hundred Pounds, due unto Nicholas Cholmeley Esquire, lately deceased (being so much by him lent for the Public Service of the State), be paid in Course (together with Interest, after the Rate of Eight Pounds per Centum, at the End of every Six Months, from the Second of December last, until the same shall become due), out of the Receipts of the Grand Excise, unto Thomas Lowman Gentleman, and Parthenia his Wife, Executrix of the said Nicholas Cholmeley, their Assignee or Assigns, whose Receipt or Receipts shall be the Commissioners of Excise for the Time being their and every of their sufficient Warrant and Discharge for Payment of the said One Thousand Nine Hundred Pounds and Interest, and every Part and Parcel thereof, accordingly."

Ordinance to clear Sir T. Liddel of his Delinquency.

"Whereas Sir Thomas Lyddell, of Newcastle upon Tyne, Baronet, hath by both Houses of Parliament been admitted to his Fine of Four Thousand Pounds, for that he hath been in Arms 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 Sir Thomas Lyddell, in such Manner as shall be agreed by both Houses, and according to this Ordinance, with a Grant and Restitution of his Lands, Goods, and Chattels, and other Estate for which the said Fine was accepted, according to the Particular thereof made and entered with the Committee at Gouldsmiths Hall, and of all Mean Profits, from the Seventh of April, 1646, with an Exception of the Right or Estate of the said Sir Thomas Lyddell in or to all Advowsons, Presentations, and Rights 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 Sir Thomas Lyddell 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 Particular were of greater Yearly Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Thomas Lyddell shall pay such further Fine, by Way of Composition for the same, as both Houses of Parliament shall appoint."

Order for 1000£. to Colonel Birch.

It is this Day Ordained, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be paid in Course, after other Assignments already charged (fn. 2) be first satisfied, out of the Receipts to come in upon the Grand Excise, with Interest, after the Rate of Eight Pounds per Centum, for the Forbearance thereof, to be paid unto Colonel John Birch Governor of Hereford, or his Assigns, to be employed for the disengaging of an Undertaking made unto him by the Committee of both Kingdoms; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of the said One Thousand Pounds and Interest accordingly, unto the said Colonel John Birch, his Executors, Administrators, or Assigns, or such Person or Persons, being the Lenders thereof, or of any Part thereof, as he shall by Writing under his Hand and Seal appoint, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, in that Behalf."

Order for 3000£. for Abingdon and Reading Forces before Wallingford.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Three Thousand Pounds, with Interest, be paid in Course, out of the Receipts of the Grand Excise, unto the Committee for the Counties of Oxon, Bucks, and Berks, or any Three of them, or to such other Person or Persons as they or any Three of them shall appoint, to be employed for the Pay of the Forces belonging to the Garrisons of Abingdon and Readinge, upon Accompt and Muster; and the Receipt or Receipts of any Three of the said Committee, or of such Person or Persons appointed as aforesaid, shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for paying of the said Three Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly."

Order for 1000£. for Henley Forces.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That One Thousand Pounds, with Interest, be paid in Course, out of the Receipts of the Grand Excise, unto the Committee for the Counties of Oxon, Bucks, and Berks, or any Three of them, or to such other Person or Persons as they or any of them shall appoint, to be employed for the Pay of the Forces belonging to the Garrison of Henley, upon Accompt and Muster; and the Receipt or Receipts of any Three of the said Committee, or such other Person or Persons appointed as aforesaid, shall be a sufficient Warrant unto the Commissioners of Excise, and every of them, for Payment of the said One Thousand Pounds and Interest, and every Part and Parcel thereof, accordingly."

Order for 1000£. to Mr. Herbert, for the Forces in Monmouthshire.

"It is this Day Ordained, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be paid in Course, after the Assignments already charged (fn. 3) be first satisfied, out of the Receipts to come in upon the Grand Excise, with Interest, after the Rate of Eight Pounds per Centum, for the Forbearance thereof, to be paid to Henry Herbert Esquire, and Mathew Herbert of London Gentleman, or either of them, or their or either of their Assignee or Assigns, to be employed for the Forces of the County of Monmouth, upon Accompt; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of the said One Thousand Pounds and Interest accordingly, unto the said Henry Herbert and Mathew Herbert, or either of them, their Executors, Administrators, or Assigns, or such Person or Persons, being Lenders thereof, or of any Part thereof, as they or either of them shall by Writing under their Hands and Seals appoint, whose Receipt or Receipts respectively shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, in that Behalf."

Order for 1000£. for Mr. Roberts.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be charged upon the Receipts of Monies coming in at Habberdashers Hall, to be bestowed and paid to Mr. William Robertes, a Fire-master, who hath been employed and done several very good Services for the Parliament, with a Mortar-piece, as a Reward of his said Service; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said Sum of One Hundred Pounds, to the said William Robertes accordingly."

Order for 200£. for Sir John Watts.

Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be charged upon the Receipts of Monies coming in at Habberdash'rs Hall, and employed and paid to Sir John Watts Knight, late Governor of Chirke Castle, in Discharge of Colonel Mitton's Engagements to the said Sir John Watts, upon the Surrender of the said Castle; and that the Committee of Lords and Commons for Advance of Monies sitting at Habberdashers Hall do pay the said Two Hundred Pounds accordingly."

Adjourn.

House adjourned till 10^a cras.