Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 13 die Martii.
PRAYERS, by Mr. Corbett.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
Ds. De La Warr.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this Answer from the House of Commons:
That they have delivered their Messages to the House of Commons; and they will take them into Consideration, and send an Answer by Messengers of their own.
Colonel Hooke, a Protection till his Arrears are paid.
Upon reading the Petition of Lieutenant Colonel Hooke; shewing, "That he hath served the Parliament from the Beginning, for which there is due to him about Nine Hundred Pounds from the Estate; but in Danger to be arrested by some Creditors: Therefore desires the Protection of this House, until such Time as he shall receive his Arrears from the State, or receive his just Debts owing to him."
It is Ordered, That the said Lieutenant Colonel Hook shall (fn. 1) have the Protection of this House, as is desired, for his Person and his Goods, until he shall receive his Arrears due unto him from the State.
Captain Swain, D°.
Upon reading the Petition of Captain Francis Swaine, of the City of Yorke; shewing, "he hath faithfully served the Parliament in these Wars, for which there is many Arrears due unto him, but is in Danger of being arrested by some of his Creditors; desiring to have the Protection of this House, till such Time only as he can obtain some Relief out of his Arrears, or out of the Estates of Grove and Escrig:"
It is Ordered, That the said Francis Swaine shall have the Protection of this House, according to his Desire.
Ordinance for Judges for Wales.
An Ordinance was brought in, for giving Power to the Commissioners of the Great Seal of England to nominate fit Persons to be Justices of Affizes in North and South Wales, &c. which was read Twice.
Sir R. Tankard's Ordinance.
The Ordinance for taking off the Sequestration of Sir Rich. Tankard, was read, and Agreed to.
(Here enter it.)
Captain Giffin, a Protection till his Arrears are paid.
Upon reading the Petition of Captain Edward Giffin; shewing, "That he hath been in the Service of the Parliament, for which there are many Arrears due to him:"
It is Ordered, That he shall have the Protection of this House, till he shall receive his Arrears from the State, [ (fn. 2) wherewith to] pay his Debts.
Order to prevent Clipping and Coining.
An Order was brought in, for preventing of Counterfeiting, Coining, and Clipping of Money; and read Twice, and Ordered to be committed to a Committee of the whole House.
And accordingly the House was adjourned into a Committee to take the same into Consideration.
The House being resumed;
The said Order was read the Third Time, and Agreed to. (Here enter it.)
Ordered, That this Order be forthwith printed and published.
Order to repair London Streets.
An Order for (fn. 3) repairing London Streets, was read, and Agreed to. (Here enter it.)
Ordered, That this Order shall be printed and published.
Mrs. Stapilton's Cause.
Ordered, That this House thinks it fit that Mrs. Stapilton do go out of Town till the Eleventh of May next, unless Cause be shewn by the Parties on the other Side to the contrary on Tuesday next; and Notice hereof to be given to the said Parties whom it concerns.
Message from the H. C. with Ordinances.
A Message was brought from the House of Commons, by Mr. Greene;
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance for continuing the Custom of Tonnage and Poundage for One whole Year longer.
(Here enter it.)
Read Thrice, and Agreed to.
2. An Ordinance for One Thousand Pounds to be paid to Colonel Rous, out of Gouldsmithes (fn. 4) Hall, was read, and committed to the Consideration of these Lords following:
Any Three, to meet on Tuesday Morning next.
The Answer returned was:
That this (fn. 4) House agrees to the Ordinance concerning Tonnage and Poundage: To that concerning Colonel Rous, they will take it into Consideration, and send an Answer by Messengers of their own.
Ordinance to reduce the Interest of Money.
The House was adjourned into a Committee during Pleasure, to take into Consideration the Ordinance for reducing Money to Six Pounds per Cent.
The House was resumed.
And it is Ordered, To be committed to the Consideration of these Lords following, and report their Opinions thereof to this House:
Ds. De La warr.
Any Three, to meet on Monday Morning, at Nine of the Clock.
Ordinance concerning the E. I. Co.
Ordered, That the Ordinance concerning the East India Company shall be taken into Consideration on Tuesday Morning next.
Order to protect the E. of Derby's House, &c. at Knowlsley.
Upon Information to this House, "That there is Spoil and Destruction made of the Earl of Derbye's House, at Knowlsley, in the County of Lancashire; and that the Woods are cut down by the Person that is in it:"
It is Ordered, That a particular Order be drawn, that no Spoil shall be made to the House, nor any Woods be cut down, whereby a Prejudice may ensue to the State; but the House and Woods to be (fn. 5) preserved from Defacing and Spoil; and that the Order shall be sent to Sir Tho Fairefax in a Letter.
Declaration concerning the French Ambassador's Proposal, for raising Men in Ireland.
The Earl of Warwicke reported a Declaration from the Committee for the Admiralty, in Answer to a (fn. 6) Proposition to them by the French Ambassador concerning Men raised in Ireland.
Read, and Agreed to; and Ordered to be sent to the House of Commons by the next Messengers.
And accordingly it was given to Doctor Aylett and Doctor Heath.
Ld Capel confined to his House.
The House being informed, "That the Lord Capell is come from beyond the Seas, by virtue of an Order of this House; and now his Lordship intends to apply himself to make his Composition for his Delinquency:"
It is Ordered, That the said Lord Capell is hereby confined to his House, until the Pleasure of this House be further signified.
Serjeant Glanvile to be bailed.
Upon reading the Petition of Serjeant Glanvile, a Prisoner in The Tower: (Here enter it.)
It is Resolved, upon the Question, That Serjeant Glanvile shall be bailed.
Ordered, That Serjeant Glanvile shall be bound in a Recognizance, himself in Two Thousand Pounds, with Two sufficient Sureties to be bound in One Thousand Pounds apiece, That Serjeant Glanvile shall be forthcoming, and appear before the Lords in Parliament, within Twenty Days after he shall receive Summons from this House; and that the Names of the Bail shall be presented to this House on Tuesday Morning, that this House may approve of them.
Ordinance for recruiting this House.
This Day an Ordinance was offered to the House, for recruiting of this House.
And the House was put in Mind of an Order formerly made, "That this House shall adjourn at Twelve of the Clock, and no Motion made that Day after Twelve of the Clock."
The said Order dated the 15 Feb. 1643, was read.
And the Question being put, "Whether this Ordinance shall be read, notwithstanding the Order of the 15th of February, 1643, now read?"
And it was Resolved in the Affirmative.
Then the said Ordinance was read the First Time.
Ordered, That Wednesday next is appointed, to consider of the Business now in Debate.
Lords to attend.
Ordered, That all the Lords shall have Notice to attend this House on Wednesday next.
Preacher at the Fast thanked.
Ordered, That Mr. Rawlinson shall have Thanks given him, for his Sermon preached before the Lords in Parliament, in the Abbey Church, on the 10th of of March, being a Fast, against the Growth of Heresies; and he is desired to print and publish his Sermon.
Ordinance to clear Sir Ric. Tankard of his Delinquency.
"Whereas Sir Richard Tankard, of Whixley, in the County of Yorke, Knight, hath by both Houses of Parliament been admitted to his Fine of Three Hundred Forty and Six 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 Sir Richard Tankard, 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 (fn. 7) Hall, and of all Mean Profits thereof, from the 11th Day of March, 1645, with an Exception of the Right or Estate of the said Sir Richard Tanckard 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 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 Sir Richard Tanckard 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 Value than are therein expressed during Three Years before the Year of our Lord 1640, then the said Sir Richard Tanckard shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint: And it is further Ordered, Ordained, and Declared, by the said Lords and Commons, with the Consent and Agreement of the said Sir Richard Tanckard, as Part of his said Composition, That Forty Pounds per Annum shall be from henceforth issuing and paid for ever, out of his Impropriate Parsonage and Rectory (fn. 7) of Quicksley, besides the Eight Pounds per Annum formerly allowed for and towards the Maintenance of a learned preaching Minister in the said Church or Chapel of Quicksley, to be Yearly paid to the said Minister and his Successors for ever, at Two usual Terms of the Year, (videlicet,) the 29th Day of September, and the 25th Day of March, by equal Portions; and that the said Sir Richard Tanckard do and shall, within Six Weeks after the Tenth Day of September, 1646, make a good Conveyance and Assurance in Law of the said Sum, to the said Minister and his Successors for ever, accordingly."
Ordinance to continue the Duty of Tonnage and Poundage.
"The Lords and Commons assembled in Parliament, taking into Consideration that there is a Continuance of those Causes that first induced them to pass the Ordinance of Tonnage and Poundage; the Affairs of the Kingdom and other His Majesty's Dominions necessitating the setting forth and maintaining of several Fleets of Ships at Sea, as well for Defence of the Kingdom, as Safety of Navigation and Commerce; do therefore hereby Order and Ordain, That the respective Ordinances of Parliament concerning the Subsidy of Tonnage and Poundage, dated the First of July, 1642, and 21th of February, 1644, together with the Book of Rates agreed on by the House of Commons, and by their Order published in Print, and all and every the Clauses, Articles, and Instructions, in the said Ordinances and Book of Rates set down, shall continue and stand in full Force and Virtue, from the 26th of March next inclusive (the Time of their Expiration), unto the 26th of March which shall be in the Year of our Lord 1648 inclusive; and Samuell Avery Alderman of the City of London, Richard Bateman, Charles Lloyd, Christopher Pack, and Walter Boothby, Merchants, the present Commissioners of the Customs, are hereby continued Commissioners and Collectors of all such Monies as shall be paid for Customs, or advanced by Way of Loan, for Goods and Merchandize imported into or exported out of this Kingdom of England, Dominion of Wales, and Port and Town of Barwicke, with so full Power in all Particulars as hath been granted them by any Order or Ordinance of Parliament: Provided always, That the whole Duties advanced on Currants shall be employed for the Use of the Navy."
Serjeant Glanvile's Petition, to be bailed.
"To the Right Honourable the Lords in Parliament assembled.
The humble Petition of Serjeant Glanvile, Prisoner of your Lordships House, in The Tower of London;
"That your Petitioner being committed to the said Tower, by the Honourable House of Commons, about Two Years and Nine Months since; and upon a Transmission by them to your Lordships, the 22th of July, 1644, made the Prisoner of your Lordships House the 24th of the same July; in which Condition he still remaineth:
"So it is that, after some Variety of Proceeding with him, and after grievous Sickness, and great Damages befallen him during his Imprisonment, he petitioned your Lordships to be bailed; whereupon you were favourably pleased, upon Wednesday the 2d of September last, to declare, That you intended to bail him on Wednesday then next following, unless before that Time the House of Commons should prosecute further against him; and Notice was thereof given to the House of Commons, by your Lordships Messengers, the next Day; at which Time the said House ordered, That one of their Members should go to your Lordships, to desire you to forbear his Bailing for a longer Time: And such Message being thereupon delivered to your Lordships the 10th of that September, as by Entry with you upon Record appeareth, your Lordships Answer was, That you would return Answer by Messengers of your own; since when, full Six Months and more are elapsed: And your Petitioner having in the Interim with Diligence solicited the Proceeding of the House of Commons in the Ways by themselves prescribed, and with Patience expected their Determination; so it is, further may it please your Lordships, That, upon the 25th of December last, the said Commons made the Order of general Reference annexed, for their Committee of the said Tower to consider what Persons there in Prison were fit to have their Liberties upon Bail, and to take Bail of them accordingly; to which Committee your Petitioner (fn. 8) hath applied himself: They have made the Order of the 9th of this Month of March, 1646, hereunto annexed, under the Hand of the proper Chairman, whereby it appeareth, That, in the Opinion of the said Committee, it is fit that your Petitioner be bailed; though, in respect he is the Prisoner of your Lordships House, they have not Power to do it.
The Premises considered, his humble Suit is, That your Lordships will now be pleased to declare and order, your Petitioner shall be bailed; and to agree and declare the Certainty for the Time and Manner thereof, to the Intent that he may provide himself, and attend your Lordships accordingly.
"And he will pray, &c.
Order of the H. C. and Report on it, for him to be bailed.
"Die Veneris, 25 Decembris, 1646.
"Ordered, by the Commons assembled in Parliament, That it be referred to the Committee of The Tower and of the other Prisons, to consider what Persons now in Prison in The Tower, or in any other Prison, are fit to have their Liberties upon Bail; and to take Bail of them accordingly."
"9 Martii, 1646.
At the Committee for the Safety of The Tower.
"It is the Opinion of this Committee, That it's fit Serjeant Glanvill be bailed; but, in respect that he is a Prisoner to the House of Peers, this Committee hath no Power to bail him.
Order to repair London Streets.
"Whereas the several Streets within the Cities of London and Westminster, and the Places about the same, are, by the Carelessness of such as are to repair and amend the same, so broken and ruinous, that they can hardly be passed without great Danger; and whereas also, by reason of Neglect of those to whom it belongs to look to the cleaning thereof, and the carrying away of the Dung, Dirt, and Soil thereof, the said Streets are very noisome and offensive to Passengers; which, if no Remedy should be taken therein, might be a Means to bring Sickness and Plague, to the endangering of the Lives of many People: The Lords in Parliament assembled, taking the same into their serious Considerations, do order, That the Lord Mayor of the City of London (for the Time being), the Justices of Peace of the City of London and Westm. and County of Midd. in their several Divisions, (fn. 9) do take special Care, as well for the mending, repairing, and paving, of the several Streets aforesaid, as also of the cleansing and making clean of the said Streets, from all Dung, Dirt, and Soil whatsoever; of which the said Lords in Parliament do expect an Account."
"An Order for the putting in due Execution of the several Statutes made against Counterfeiting of the King's Coin, or the Coin of any other Kingdom made current within this Realm; and also against Clipping, Filing, Rounding, Washing, or Lightening, any of the several Coins aforesaid.
Order to put in Execution the Laws against Clipping and Coining.
"Whereas, by the Common (fn. 10) Law of England, it is High Treason to counterfeit the proper Coin of this Kingdom, and is so declared by the Statute of the 25th of Ed. III.; and whereas also the Forging of any Coin of any Foreign Nation made current by Proclamation within this Kingdom is made High Treason, by a Statute made in the First Year of Queen Mary; and whereas also the Clipping, Washing, Rounding, or Filing, of any the Monies current in this Kingdom, for wicked Lucre or Gain's Sake, is also made High Treason, by a Statute made in the Fifth Year of the Reign of Queen Elizabeth; and whereas the Diminishing, Falsifying, Scaling, or Lightening, of any the Money current within this Kingdom, for wicked Lucre or Gain's Sake, is also made High Treason, by an Estatute made in the Eighteenth Year of Queen Elizabeth: Notwithstanding all which several Acts of Parliament, and the Penalties therein comprized, many and several Persons within the Kingdom of England and Dominion of Wales, and especially in the Northern Parts of this Kingdom, have of late Years and do daily offend, and commit with great Boldness all and every the said Offences, to the great Loss of His Majesty's Subjects, and the Scandal and Reproach of this Kingdom, in the Subjects Commerce and Traffick among themselves and People of other Nations and Countries.
"For Remedy whereof, it is Ordered, by the Lords in Parliament, in this present Parliament assembled, That all Judges and Justices of the Affize, and Commissioners of Oyer and Terminer and of General Gaol Delivery, in their several Circuits, do strictly and carefully put in Execution all and every the said several Acts of Parliament, against all Offenders against the said Acts, or any Breach thereof, according to the Laws and Statutes of this Realm."
House adjourned till (fn. 11)