House of Lords Journal Volume 9: 6 January 1648

DIE Jovis, 6 die Januarii.

PRAYERS, by Mr. Callamy.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Roberts, a Pass.

Ordered, That Mr. Peter Roberts, and One Servant, shall have a Pass, to go into France, and return into England.

Message from the H. C. with Orders.

A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight, &c.; who brought up divers Orders, wherein they desire their Lordships Concurrence:

1. An Order of further Powers to be given to Colonel Rob't Hamond. (Here enter it.)

Read, and Agreed to.

2. An Order concerning the Billeting of Soldiers. (Here enter it.)

Agreed to.

3. An Order concerning the Lady Shurley. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to all the Particulars now brought up.

Sir H. Mildmay and Sir T. Cheek, about the Barony of Fitzwalter.

Ordered, That the Cause between Sir Henry Mildmay and Sir Thomas Cheeke shall be heard, by Counsel on both Sides, this Day Sevennight; at which Time all the Lords are to have Notice to attend the House, and to be acquainted with the Business; and that all the Judges (fn. 1) be then present.

White, a Priest, in Newgate, to be released, and go Abroad.

Upon reading the Petition of Andrew White, a Priest, who is Eighty Years of Age, and hath lain Eighteen Months in the Gaol at Newgate, being brought out of Maryland into England against his Will, and so not within the Law of this Land:

Upon his Desire, it is Ordered, That he have Liberty to go beyond the Seas, and released of his Imprisonment; and the Concurrence of the House of Commons to be desired herein.

And accordingly a Message was sent down to the House of Commons, by Doctor Aylett and Mr. Eltonheade.

Ordinances to clear the following Delinquents.

Next these Ordinances for Composition of Delinquents Estates were read, and passed:

1. Ordinance for Richard Sikes.

2. Ordinance for Laurance Bull.

3. Ordinance for Edward Copley.

4. Ordinance for James Longe.

Spaven's Ordinance to be Master of the Armory.

An Ordinance was brought in, according to an Order of this House, for Robert Spaven Gentleman to be Master of the Armory, during the Pleasure of both Houses; which, being read, was Agreed to upon the Question.

Letters from the Scots Commissioners.

Two Papers from the Scotts Commissioners were read:

Ordered, That these Letters be communicated to the House of Commons; with a Desire that speedy Consideration may be taken of the Particulars in the Letters, according to the Treaty.

Message to the H. C. with them;—with Spaven's Ordinance;—and White's Petition.

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

To communicate to them the Two Letters from the Scotts Commissioners; with a Desire that speedy Consideration may be taken of the Particulars in the Letters, according to the Treaty.

2. To deliver to them the Ordinance for Rob't Spaven to be Master of the Armory, and desire their Concurrence therein.

3. To deliver to them the Petition of Rob't White, with the Sense of this House upon it.

Morgan and Sir S. Scott's Petition.

Ordered, That the Petitions of Mrs. Morgan and Sir Stephen Scott shall be read To-morrow, and then this House will consider what to do thereupon; and Mr. Justice Bacon to be present.

Letter from the Scots Commissioners, for Payment of 100,000 l. now become due.

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

"Right Honnorable,

"It is agreed on in the Treaty betwixt the Kingdomes, of the 23d of December, 1646, and the Publique Faith of the Kingdome of England is thereby given, for Payment of the latter Two Hundred Thousand Pound of Four Hundred Thousand Pound to the Kingdome of Scotland, whereof One Hundred Thousand Pound at Twelve Monethes after the Payment of the last 100,000 l. of the first 200,000 l.; which Tearme is now in this Instant Moneth of January. Wee doe therefore desire, that the Houses of Parliament will give Order for Payment of the said 100,000 l. whereof Fifty Thousand Pound out of Receipts of Goldsmiths Hall, according to the Treaty, to such Persons as are nominated in an Ordinance of Parliament for that Effect, of the Date the 13th of January, 1646 / 7; and the other Fifty Thousand out of such Wayes and Meanes as both Houses shall thinke fitt, to bee delivered to such Persons as are authorised by the Parliament of Scotland to receive it: Of which the Kingdome of Scotland doth expect due Performance, according to the Engagement of the Publique Faith of this Kingdome. And soe we rest

Worcester House, the 5th of January, 1648 / 7.

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

Letter from them, for the Accompts of their Army in Ulster to be stated; and that, on their receiving Satisfaction, they shall be disbanded.

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

"Right Honnorable,

"Wee have often made knowne to the Houses of Parliament, the distracted and desperate Estate of the Scottish Army in Ireland, by reason noe Course hath bin taken these Three Yeares past for their Entertainment according to the Treaty. And more particularly wee represented their Condition, in our Papers of the 13th of November, 1646, the 9th of January and 7th of June, 1647; which wee desire the Houses, after soe long Delay, to take into their serious Consideration. Upon the Fowerth of September last, the Houses in a Letter to the Councell of Scotland did signify their Resolutions for Discharge of that Army: In Answere whereunto, the Committee of Estates of Scotland did declare, in the Name of that Kingdome, That, the Kingdome of England makeing good what by the Articles of the Treaty concerning that Army (especially the 6th and 11th) their Publict Faith is engaged for, then that Army shall be forthwith disbanded, and retourned Home. But noe Course being yet taken by the Houses for their Sattisfaction; in Pursuance of the Direction of the Parliament of Scotland, wee doe once againe desire, That either that Army may be speedily supplyed with Moneys and Provisions whereby to carry on the Service wherein they are employed, or otherwise that they may receive due Sattisfaction according to the Treaty; for, untill this be performed, the Kingdome of England stands ingaged for their Intertainment: Where if the Houses would have them dismissed, wee desire that they will send some into Ulster to state their Accompts (wherein all Free Quarter, or whatsoever else they have received in Money or Provisions, shall be allowed); or to agree with them by Way of generall Estimate for the Whole. Which beinge done, and Payment made accordingly, they shall be forthwith disbanded. Wee are

Worcester House, January 5th, 1648.

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

Ordinance to clear Sikes of his Delinquency.

"Whereas Richard Sikes, of Kirkheaton, in the County of Yorke, Clerk, hath by both Houses of Parliament been admitted to his Fine of One Thousand Three Hundred and Fifty Pounds, he having left his Habitation, and resided in the Enemy's Quarters: The Lords and Commons assembled in Parliament do hereby authorize and appoint His Majesty's Solicitor General to prepare a Pardon to the said Richard Sikes, 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, from the Ninth Day of March, 1646, with an Exception of the Right or Estate of the said Richard Sikes 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 for the Time being 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 Richard Sikes 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Richard Sikes shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Bull, D°.

"Whereas Laurence Bull, of Peglinch, in the County of Som'sett, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred Seventy and Two Pounds, he having been a Collector of Monies for the Forces raised 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 Laurence Bull, 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, from the 17th Day of February, 1646, with an Exception of the Right or Estate of the said Laurence Bull in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal of England for the Time being are hereby likewise authorized to pass under the said Great Seal accordingly: Provided, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Laurence Bull 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 Laurence Bull shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Copley, D°.

"Whereas Edward Copley, of Battley, in the County of Yorke, Esquire, hath by both Houses of Parliament been admitted to his Fine of Three Hundred and Twenty 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 Copley, 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, from the Tenth Day of November, 1646, with an Exception of the Right or Estate of the said Edward Copley 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 for the Time being 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 Copley 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 Values than are therein expressed during Three Years before the Year of our Lord 1640, then the said Edward Copley shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Long, D°.

"Whereas James Longe, of Draycott, in the County of Wilts, Esquire, hath by both Houses of Parliament been admitted to his Fine of Seven Hundred and Fourteen 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 James Longe, 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, from the Day of the Payment of his said Fine, with an Exception of the Right or Estate of the said James Longe in or to all Advowsons, Presentations, and Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal for the Time being are hereby likewise 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 James Longe 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 James Long shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint: Provided likewise, That if the said James Longe have heretofore, or shall at any Time hereafter, revoke or release One Bond, bearing Date the 12th of May, 1640, wherein William Coriton Esquire, together with John Earl of Bridgewater and Sir Edward Littleton Knight and Baronet, stand bound unto the said James Longe, in the Sum of One Thousand Pounds, for the Payment of Five Hundred and Twenty Pounds of lawful Money of England upon the 14th of November then next following; and other Bond, bearing Date the 15th of March, 1640, wherein Sir Edward Heron of Cressyhall in the County of Lincolne Knight, together with Sir John Brooke Knight, Sir William Killigrew Knight, Edward Heron late of Lincolne's Inne Esquire, Henry Killigrew Esquire, George Bampfeild Esquire, Edward Read of London Esquire, and Richard Ligon of London Gentleman, stand bound in the Sum of Four Hundred Pounds, for the Payment of Two Hundred and Eighty Pounds upon the 17th Day of September then next following; which said Bonds have been ordered and allotted unto John Dove, of Salisbury, in the County of Wilts, Esquire, for and towards the Reparation of his Losses and Damages sustained by the Means of the said James Longe and others then actually in Arms against the Parliament; which said Bonds were discovered unto the House of Commons the 22th Day of April, 1646; that then this present Composition made with the said James Longe shall be null and void."

Suspected Persons to be removed from the King's Person.

"Ordered, by the Lords and Commons assembled in Parliament, That Power be given to Colonel Robert Hammond, Governor of the Isle of Wight, and Sir William Constable, and they are hereby required and enjoined, to remove from their Attendance upon the Person of the King, all such Persons as they in their Judgements have Suspicion of, to be prejudicial to the Safety and Security of the King's Person, or to the Discharge of that Trust which lies upon them in relation to the Safety and Security of the King's Person; notwithstanding any such Person be appointed to their Attendance by Order of both Houses of Parliament."

Order for 100 l. to Ly. Shirley.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of One Hundred Pounds be charged upon the Moiety of the Receipts at Gouldsmiths Hall, in Course, not given for Security, and advanced and bestowed upon Sir George Shurley, and paid unto the Lady Sherley Wife of the said Sir George Shurley lately deceased; and that the lamentable and distressed Case and Condition of the Family of Sir George Shurley be especially recommended unto the Committee at Gouldsmiths Hall; and the Committee and Treasurers there are earnestly desired to advance, and presently pay unto the Lady Shurley, the said Sum of One Hundred Pounds, to be employed for the Interring of the said Sir George Shurley, and Relief of the said Family."

"Additional Directions for the Billeting of the Army, when they are upon a March, or settled in their Quarters.

Additional Directions for billeting the Army.

1. That whensoever any Forces shall be, by virtue of an Order from the General or from such as he shall appoint, upon a March, or removing Quarters, they shall, at the Towns or Parishes where they shall be ordered to quarter, be billeted in the usual Way, by the Quarter-master or Superior Officers, according to the Directions of the Constables or Chief Civil Officers of the said Towns or Parishes; and the respective Inhabitants where any of the said Soldiers shall be so billeted shall receive them, and for One Night or Two Nights at the most shall find them their ordinary Family Diet; wherewith the Soldiers shall be contented, and pay for the same at the Rate of Six Pence per Diem for a Foot Soldier, and Twelve Pence per Diem for a Trooper, and Hay only for his Horse.

"2. That, for the First Fortnight after the Forces shall be drawn into Garrisons, Towns, and Cities (according to the Directions of Parliament), and until they shall be furnished with Pay to enable them to maintain themselves, they shall in the same Manner be quartered, received, and provided for, at the same Rates aforesaid, by such Inhabitants upon whom they shall be billeted by the Magistrate of the Place, or by their own Officers in case the Civil Magistrate shall refuse to do it; the Officers engaging to the Inhabitants, to see the Quarters discharged at the said Rates.

3. That, after the said Fortnight is expired, or after the Forces shall be furnished with Pay as aforesaid, in any Garrisons, Towns, or Cities, where any Forces shall come by Order as aforesaid to be at a settled Quarter, so many of them as cannot be conveniently disposed of to Inns, Ale-houses, Taverns, or Victualing-houses, shall be billeted at other Houses by the Chief Magistrate of the Place, or (if he shall refuse to do it) by the Chief Officer present with the said Forces; and in case of any Abuse or Inequality therein, the said Magistrate or next Justice of Peace to have Power to order and alter the (fn. 2) Proportions of Billeting to the several Inhabitants, as he shall find most fit and equal; and the Persons where they shall be so billeted shall receive them accordingly; but shall not, after the Two First Nights from the Soldiers coming thither (for which the Soldier is to pay at the Rates aforesaid), be liable to find the Soldier any Diet or Horsemeat, except by Agreement betwixt him and the Soldier, and at such Rates as they shall agree upon; but shall only entertain the Soldier with Lodging, Stable-room, and the Use of their ordinary Fire and Candle-light. And in case any such Inhabitants be aggrieved therewith, and desire to have no Soldiers at all in his House, he or the Magistrate providing such Billet for the Soldier elsewhere within the Town, or at any Village adjacent (within such Distance as the Chief Officer commanding in the Quarter shall allow of), such Inhabitant shall have his House wholly free."

Adjourn.

House adjourned till 10^a cras.