DIE Martis, 14 die Octobris.
PRAYERS, by Mr. Carryll.
Ds. Grey de Warke, Speaker.
Message to the H. C. about the following Particulars.
A Message was sent to the House of Commons, by
Mr. Serjeant Fynch and Mr. Page:
1. To desire their Concurrence in the Alteration in
the Ordinance concerning the poor Widows.
2. To put them in Mind of Captain Cannon's Ordinance.
3. To put them in Mind of the Reformadoes Order.
Ordinances for Concurrence.
An Ordinance was read, for (fn. *) paying Two Thousand Pounds to Colonel Langberne, for the Forces under
him, and Agreed to. (Here enter it.)
An Order for One Hundred Pounds to be paid to
Colonel Parsons, was read, and Agreed to.
(Here enter it.)
An Ordinance was read, for paying Five Hundred
Pounds to Colonel Mytton, out of the Excise.
(Here enter it.)
An Ordinance to pay to Colonel Berckenhead, out of
the Excise, One Hundred Fifty-seven Pounds, Sixteen
Shillings. (Here enter it.)
An Ordinance for Tryers of Elders for the Classis of
the Two Sergeants Innes, was read. (Here enter it.)
L. Balmerino and Justice Heath.
Upon reading the Affidavit of John Dodd; shewing,
That he hath shewed the Order of this House, dated
23 September last, to Rob't Heath, Solicitor and
Agent for Justice Heath, in the Cause between
him and the Lord Balmerino; and his Answer is,
That he had not sent unto, or heard from, the said
Lord Chief Justice Heath these Two Years.
Hereupon this House Ordered, To hear the Lord
Balmerino, by his Counsel, on the 24th of this Instant
October, concerning that Business.
Answer from the H. C.
Mr. Serjeant Fynch and Mr. Page return with this
Answer from the House of Commons :
That they will send an Answer by Messengers of
their own to all the Particulars of the last Message.
E. of Suffolke, and the Executors of Sir R. Hitcham.
Upon hearing the Counsel of the Earl of Suffolke,
and the Counsel of Keeble and others, upon the Statute
of 4 H. IV: It is Ordered, That the Counsel on both
Sides shall be heard further to all the Matters contained
in the Defendants Demurrer, on the 9th of November
Letter from the Scots Commissioners.
A Letter, directed to the Speaker of this House,
from the Scotts Commissioners, was read:
(Here enter the Letter.)
For the Right Honourable the Speaker of the
House of Peers.
Message from the H. C. about the Alterations in the poor Widows Ordinance.
A Message was brought from the House of Commons, by Sir Walter Erle Knight, &c.
To desire that, at the next Conference, they might
offer to their Lordships some Things concerning the
Alteration in the Ordinance for the poor Widows.
The Answer returned was:
That this House will receive what they shall offer at
the next Conference, concerning the Alterations in the
Ordinance for the poor Widows.
Sir J. Hele's Petition.
Upon reading the Petition of Sir John Heale : (Here
enter the Petition). It is Ordered, To be referred to
the Committee for Privileges ; and the Sheriff is to attend the said Committee, and the Judges are to attend
Order for 2000l. for the Forces under Col. Langherne.
It is this Day Ordained, by the Lords and Commons assembled in Parliament, That Two Thousand
Pounds, for the Service of the Forces of Pembrokesheir
under the Command of the Colonel Langherne, be
paid in Course, out of the Receipts of the Excise, by
Ordinance of the 11th of September, 1643, unto Charles
Lloyd Merchant, One of the Commissioners of the
Customs, whose Receipt, or of his Assignee sufficiently by him authorized hereunto, shall be the
Commissioners of Excise their sufficient Warrant and
Discharge, for Payment accordingly of the said Two
Thousand Pounds, together with Interest for the same
(hereby likewise ordained to be paid), after the Rate of
Eight Pounds per Cent. for so long Time as the
same, or any Part thereof, shall be forborn, before it
become due as aforesaid.
Order for 100l. to Col. Parsons.
Whereas, by Order of Parliament of the 29th of
September last, One Hundred Pounds were ordered to
be paid in Course, out of the Excise, unto Colonel
Lawrence Parsons, for his Use and Service; and
whereas John Cullum, of London, Gentleman, hath advanced and lent the Sum of One Hundred Pounds,
for that End and Purpose: Be it Ordained, by the
Lords and Commons assembled in Parliament, That
the said John Cullum, his Executors, Administrators,
or Assigns, shall and may be satisfied and reimbursed
the said One Hundred Pounds, together with Interest
for the same, after the Rate of Eight Pounds per
Centum, for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, by Ordinance of the 11th of September, 1643,
as shall happen when other Assignments already made
on those Receipts shall not fall due, or, in Default
thereof, then as the same shall follow in Course; and
that the said One Hundred Pounds, advanced and lent
as aforesaid, be paid unto the said Colonel Lawrence
Parsons, or his Assigns, whose Receipt, together with
the Receipt of the said John Cullam, his Executors,
Administrators, or Assigns, shall be the Commissioners
of Excise for the Time being their sufficient Warrant and Discharge, for Payment of the said One
Hundred Pounds and Interest, and every Part and
Order for 500l. to Col. Mitton.
Be it Ordained, by the Lords and Commons in
Parliament assembled, That the Sum of Five Hundred Pounds, with Interest for the same at Eight
Pounds per Cent. until satisfying thereof, shall be
paid unto Colonel Thomas Mitton, out of the Receipts of the Excise and new Impost, upon the
Ordinance of the 11th of September, 1643, in
Course after other Assignments already charged
upon the said Receipts shall be satisfied; and the
Receipt of the said Colonel Thomas Mitton shall be
a sufficient Discharge to the Commissioners of Excise and new Impost, for Payment of the said Sum,
with Interest as aforesaid.
Order for 157l. 16s. to Col. Birkenhead.
Whereas, by Warrant under the Hand of the Earl
of Essex, 6th of March, 1643, One Hundred Fiftyseven Pounds, Sixteen Shillings, were assigned to be
paid unto Lieutenant Colonel Birkhead, by Sir
Gilbert Gerrard Baronet, out of the Treasury of the
Army; and whereas there are Fifty Pounds only paid
and satisfied thereof: Be it therefore Ordained, by
the Lords and Commons assembled in Parliament,
That One Hundred and Seven Pounds, Sixteen Shillings, in Arrear and due upon the said Warrant (that
Office now ceasing), be paid unto the said Lieutenant Colonel Birkhead, out of the Receipts of the
Excise, by Ordinance of the 11th of September,
1643, in Course, next after other Assignments already made on those Receipts shall be first satisfied;
with Interest, after the Rate of Eight Pounds per
Cent. for the Time of the Forbearance thereof; and
the Commissioners of Excise and new Impost are
hereby authorized accordingly to make Payment
thereof unto the said Lieutenant Colonel Birkhead,
his Executors, Administrators, or Assigns; any of
whose Receipts, together with this Ordinance, shall
be a sufficient Discharge unto the said Commissioners
of Excise, and every of them, in that Behalf.
Tryers of Elders for the Classis of the Two Serjeans Inns.
Resolved, by the Lords and Commons in Parliament, That Doctor William Gouch, Andrew Perne
Minister of Dunstan's West, Samuell Browne Esquire;
Edmond Prideaux Esquire, William Ellis Esquire;
and William Prynne Esquire, shall be Tryers and
Judges of such Persons as shall be chosen to be Elders for the Classis of the Two Serjeants Inns."
Sir J. Hele's Petition, to be freed from all Arrest at Sir H. Holcroft's Suit, when he was attending the Parliament about a Composition for his Delinquency.
"To the Right Honourable the Lords assembled in Parliament.
"The humble Petition of Sir John Hele, Knight;
"That your Petitioner being a Prisoner to the Parliament, and upon his Composition for his Delinquency the 13th of this Month of October, as he
was coming to attend the Parliament about the same,
he was arrested by the Under Sheriff of Midd. at the
Suit of Sir Henry Holcroft Knight, contrary to the
Law and Liberties and Privileges of Parliament, as
he humbly conceiveth; and is still detained a Prisoner.
"And therefore humbly prayeth, that, by your
Honours Order, he may be discharged of his
said Arrest; the rather, for that otherwise he
shall be utterly disabled to proceed with his
"And he shall ever pray, &c.
Paper from the Scots Commissioners, about a Letter sent by Lord Digby to the Generals of the Scots Army at Berwick.
"For the Right Honnorable the Speaker of
the House of Peeres.
"By some private Letters wee receaved Yesternight
by the Post, Notice is given us, that a Letter was
sent from the Lord Digby to the Generall and Leiuetenant Generall of the Scottish Army then at Barwicke; which they noe sooner received, but forthwith did communicate the same to the Commissioners
of both Houses residinge there; and nothinge proceeded thereupon, but with the Knowledge of the
Commissioners of Parliament. Our Letters doe alsoe
report, that it was informed there, that Letters to the
same Purpose were sent from the King to the Parliament here.
"The Letter of the Lord Digbye's, with what hath
followed thereupon, wee understand by our private
Letters to bee sent from Berwicke by an Expresse; and
though they bee not yet come to our Hands, yet wee
have thought fitt to comunicate soe much as wee
knowe for the present; and when wee shall receave
these Letters, wee shall forthwith make them knowne
to the Honnorable Houses, and shall upon all Occasions studdy to preserve the joynt Interest and Publique Good of both Kingdomes with that Candor
and Tendernes of Affection which becometh
"Your Lordships very affectionate Servaunts,
Worcester House, 14th October, 1645.