House of Lords Journal Volume 10: 10 March 1648

DIE Veneris, 10 die Martii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Statutes of Trin. College to be revised:

Upon reading the Petition of Thomas Hill, Master of Trynity Colledge, in Cambridge; shewing, "That whereas, in the Statutes of Trynity Colledge, there are divers absurd Things, favouring of the Darkness of those Popish Times wherein the said College was founded:"

It is Ordered, That the Master and Eight Seniors, or major Part of them, are hereby commanded, with all convenient Speed, to represent unto this House the Particulars which they conceive need Reformation; and then this House will give further Directions therein.

Account to be given of the Beadsmen put into that College, to prevent the Charity being abused.

Upon reading the Petition of Thomas Hill, Master of Trynity Colledge, in Cambridge; shewing, "That whereas King Henry VIII. gave Twenty Beadsmens Places of Six Pounds apiece per Annum to Trynity Colledge, reserving to himself the Nomination of Ten Persons for Ten of those Places when they fall void, and leaving the other Ten to be nominated by the Master and major Part of the Eight Seniors, divers of which Ten to be nominated by the College have been formerly misplaced upon rich Men, as by Enquiry will suddenly be made appear:"

It is Ordered, That the Master of the said College and Eight Seniors, or major Part of them, are hereby required to give a speedy Account to this House, both of the Tenor of the Statute what Persons are to be chosen, and likewise of the Names of all those Persons which do enjoy those Ten Places, and how long they have possessed them; that so, if any Thing be amiss, it may be rectified, and Charity reduced into the proper Channel.

Edbrook & al. and Sir Sam. Luke & al.

Ordered, That the Business concerning Edbrooke, &c. complained of by Sir Sam. Luke, &c. shall be heard on Wednesday next.

Col. Thompson, a Pass.

Ordered, That Colonel Thompson shall have a Pass, to go into Holland.

L. Cromwell's Fine to be abated.

Upon reading the Petition of the Lord Crumwell:

It is Ordered, To be sent down to the House of Commons, with this Sense, "To desire that his Lordship's last Payment may be remitted, in regard of his Inability to pay the same."

Blaithwaite's Petition.

Ordered, That the Petition of Mary Blaithwaite, and the Articles annexed, shall be referred to Sir Edward Leech, to examine the Business, and state the same; and make Report (fn. 1) of the same to this House with all convenient Speed.

Worlich to be heard, concerning his Place of Register of York.

Upon reading the Petition of Toby Worlich, Doctor of Laws; shewing, "The Office of the Register of the Exchequer Court of Yorke, the 20th of March, 1646, was granted by Dr. Neale to him, for his Life; which said Office is by this House (fn. 2) lately disposed of to another Person, no Notice being given to the Petitioner:"

It is Ordered, That, (fn. 3) before any further Proceeding therein, the Petitioner shall be heard concerning his Title.

Beringer to assign his Reasons, for refusing to act as Sheriff of Bucks.

Ordered, That Mr. Beringer, who is appointed by both Houses to be Sheriff for the County of Bucks, shall deliver in the Particulars of his Scruples, which moves him to desire to be exempted from executing the said Office, by Monday Morning next.

Message from the H. C. with a Vote about the Declaration signed by the Members who went to the Army.

A Message was brought from the House of Commons, by Sir Dudly North; who brought up a Vote passed the House of Commons, concerning those Members of the Houses that subscribed the Declaration of the 4th of August last, wherein they desire their Lordships Concurrence.

Read Once.

The Answer returned was:

Answer.

That this House will take this Message into Consideration, and will send an Answer by Messengers of their own.

Committee For Sequestrations in Lancashire.

Ordered, That Gilbert Ireland, Wm. Langton, Richard Hawarth, Rob't Hide, Richard Ashton, Peter Holt, Henry Porter, George Towlson of Lancaster, Wm. West, Thomas Clayton, Wm. Knipe, and George Piggott, Gentlemen, be added to the Committee of Sequestrations within the County Palatine of Lancaster; and the Concurrence of the House of Commons to be desired herein.

Frecheville, a Pass.

Ordered, That Mr. John Frecheville Esquire, with John Ramsdine and James Ledger his Servants, shall have a Pass, to go into France.

Decree in the Exchequer, against the Trustees for Impropriations for Charitable Uses, canceled.

Upon Motion this Day at this Bar, by Mr. Glover, Counsellor, "That, according to an Order of this House, dated the 8th Day of March, 1647, the Decree made in the Exchequer-chamber, Lunæ, 11 Februarii, in Hillary Term, 8° Car'l. Regis, against Dr. William Gouge, Samuell Browne, and others the surviving Trustees for Pious and Charitable Uses, might be canceled, vacated, and made void:"

The said Original Decree was brought into this House, by Walter Hyllary, Officer of the Exchequer.

And this House Ordered, That the Clerk of the Parliament should presently raze the said Decree with his Pen.

Which was accordingly done, at the Clerk's Table, openly, in the Presence of Mr. Glover the Counsellor, and the said Walter Hyllary; and these Words written in the Margin of the Book, at the Beginning of the said Decree; (videlicet,) "This Decree is vacated, this 10th Day of March, 1647, according to the Order of the Lords in Parliament, dated the 8th of March, 1647.

"Jo. Browne, Cleric. Parliamentor."

Memorandum, That there were Seven Leaves and a Half razed in the Book; the said Decree being so long as took up so many Leaves.

Ordinance appointing Commissioners of the Great Seal.

The House was adjourned into a Committee during Pleasure, to consider of the Ordinance for putting the Great Seal into the Custody of the Earl of Kent, Sir Thomas Witherington, and Bulstrode Whitlock.

And the House being resumed;

The House agreed to the said Ordinance, with the Addition of the Lord Grey of Werke; and ordered the Concurrence of the House of Commons to be desired herein.

Gifford and Morgan.

Upon reading the Answer of John Gifford, to the Petition of Thomas Morgan, concerning Iron Mills, &c. in the Forest of Deane, of Sir John Winter's, which are by Deed made over to the Petitioner, for Maintenance of the Lady and the Children of Sir John Winter, before the Beginning of these Wars:

It is Ordered, That the Ordinance concerning Colonel Massey, and other Ordinances to which this Business refers, shall be perused on Tuesday next.

Vote about the Declaration signed by the Members who went to the Army:

Ordered, That the Earl of Mulgrave, Lord Wharton, and the Lord Mountagu, shall consider of the Vote brought up this Day from the House of (fn. 4) Commons, concerning approving of the Declaration of the 4th of August last; and make such Alterations therein as they think fit, and present the same to this House.

These Lords Committees presently (fn. 5) met, and reported some Alterations to the House: Which being read, this House, upon the Question, agreed to the Vote which came from the House of Commons, with these Alterations now read.

Message to the H. C. with it.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Bennett:

To desire their Concurrence in the Alterations in the Vote concerning approving of the Declaration of the 4th of March last.

Additional Instructions for the Commissioners in Scotland.

Ordered, That the additional Instructions to be sent to the Commissioners in Scotland shall be taken into Consideration on Monday Morning next.

Ordinances to clear the following Persons of their Delinquency.

These Ordinances of Compositions of Delinquents were read, and passed:

1. The Ordinance of Michaell Warton.

2. Ordinance of George Kingsley.

3. Ordinance of Richard Stewart.

4. Ordinance of Henry Appleton.

5. Ordinance of John Cooke Junior.

6. Ordinance of (fn. 6) George Rives.

7. Ordinance of Lyon Bamford.

8. Ordinance of Hugh Croker.

9. Ordinance of John Colleton.

10. Ordinance of James Baker.

11. Ordinance of Edmund Pooley.

Betty to be instituted to Weston Zoyland.

Ordered, That Dr. Aylett give Institution and Induction unto Samuell Betty Clerk, unto the Vicarage of Weston Zoyland, in the County of Som'sett, now void; salvo Jure cujuscunque; he taking the National League and Covenant: Thomas Crompton Esquire, Patron.

Ordinance to clear Wharton of his Delinquency.

"Whereas Michell Warton, of Beverley, in the County of Yorke, Esquire, hath by both Houses of Parliament been admitted to his Fine of One Thousand Six Hundred 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 Michaell Warton, 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 11th Day of February, 1646, with an Exception of the Right or Estate of the said Michaell Warton 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Michaell Warton 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 Michaell Warton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Kingsley, D°.

"Whereas George Kingsley, of Canterbury, in the County of Kent, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Seven Hundred Sixty-six Pounds, Five Shillings, 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 George Kingsley, 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 Twelfth Day of December, 1646, with an Exception of the Right or Estate of the said George Kingsley 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said George Kingsley 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 George Kingsley shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Stewart, D°.

"Whereas Richard Stewart, of Hartley, in the County of South'ton, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred Twenty and Seven 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 Richard Stewart, 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 Seventh Day of September, 1646, with an Exception of the Right or Estate of the said Richard Stewart 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Richard Stewart 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 Richard Stewart shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Appleton, D°.

"Whereas Henry Appleton, of South Bemflett, in the County of Essex, Esquire, hath by both Houses of Parliament been admitted to his Fine of Four Hundred Fifty-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 Henry Appleton, 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 Henry Appleton 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 Henry Appleton 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 Henry Appleton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

J. Cooke Jun. D°.

"Whereas John Cooke the Younger, of Ashton, in the County of Northampton, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred and Fifty 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 John Cooke, for his said Ofsence, 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 23th Day of March, 1646, with an Exception of the Right or Estate of the said John Cooke 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Cooke 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 John Cooke shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Rives, D°.

"Whereas George Rives, of Rauston, in the County of Dorsett, Gentleman, hath by both Houses of Parliament been admitted to his Fine of One Hundred Twenty and Five Pounds, he having been a Commissioner for raising Monies to maintain 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 George Rives, 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 29th Day of August, 1646, with an Exception of the Right or Estate of the said George Rives in or to all Advowsons, Presentations, or Right of Patronage, to any Church or Chapel; which said Pardon, so prepared, the Commissioners of the Great Seal [ (fn. 7) 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 George Rives 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 George Rives shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Bamford, D°.

"Whereas Lyon Bamford, of Pulebill, in the County of Yorke, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Ninety and Four Pounds, he having deserted his Dwelling, and lived 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 Lyon Bamford, 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 9th Day of January, 1646, with an Exception of the Right or Estate of the said Lyon Bamford 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Lyon Bamford 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 Lyon Bamford shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Croker, D°.

"Whereas Hugh Croker, of the City of Exeter, Esquire, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Fourscore and Eight 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 Hugh Croker, 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 First Day of August, 1646, with an Exception of the Right or Estate of the said Hugh Croker 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 are hereby authorized to pass under the said Great Seal accordingly: Provided always, That this Ordinance, or the Pardon thereon to be passed, shall not extend to free the said (fn. 8) Hugh Croker 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 Hugh Croker shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Colleton, D°.

"Whereas John Colleton, of Exceter, Merchant, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Forty-four 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 John Colleton, 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 7th Day of August, 1646, with an Exception of the Right or Estate of the said John Colleton 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said John Colleton 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 John Colleton shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Barker, D°.

"Whereas James Barker, of South Weele, in the County of Nottingham, Gentleman, hath by both Houses of Parliament been admitted to his Fine of Two Hundred Thirty-four 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 Barker, 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 August, 1646, with an Exception of the Right or Estate of the said James Barker 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said James Barker 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 Barker shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Pooley, D°.

"Whereas Edmund Pooley, of Bradley, in the (fn. 9) County of Suff. Esquire, hath by both Houses of Parliament been admitted to his Fine of Seven Hundred Twenty-eight 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 Edmund Pooley, 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 25th Day of January, 1646, with an Exception of the Right or Estate of the said Edmund Pooley 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 always, That this Ordinance, or the said Pardon thereon to be passed, shall not extend to free the said Edmund Pooley 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 Edmund Pooley shall pay such further Fine, by Way of Composition, as both Houses of Parliament shall appoint."

Adjourn.

House adjourned till 10^a, Monday Morning next.