House of Lords Journal Volume 10: 23 March 1648

DIE Jovis, 23 die Martii.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Judges fined the Sheriff of Bucks, for not being at Aylsbury to hold the Assizes.

The Speaker acquainted the House, "That Yesterday Baron Trevor and Justice Pheasant did inform him, that, coming lately to Alysbury, to keep the Assizes for the County of Buks, they found no Sheriff; whereupon they made Proclamation to summon the Sheriff, and read their Commission, and afterwards made Proclamation again; but, no Sheriff appearing, they fined the Sheriff, for Neglect of the Service, Five Hundred Pounds; and have adjourned the Assizes till Tuesday in Easter Week next, when they will be ready to go down, to dispatch the Business of the Country: They understand that the Sheriff hath procured some Writing under Doctor Aylett's Hand, which he takes Advantage of. And further the Judges understand, that the Sheriff appointed by both Houses of Parliament hath taken out his Writ, named his Under Sheriff, signed Warrants and Writs; but makes a Scruple of taking the Oath of Sheriff, in regard he conceives, in regard the Votes of the Houses forbid any Addresses to the King, and by the Oath it is required he shall reveal to the King all Secrets as concerns His Majesty."

Doctor Aylett to attend about it.

Upon this, the House Ordered, That Doctor Aylett do attend this House To-morrow Morning; and then the House will take the Business into Consideration.

Ordinance for Restitution of Doctor Gouge & al. Trustees for Impropriations for Charitable Uses.

An Ordinance for the Restitution of Doctor Wm. Gouge and others the Surviving Trustees for buying in of Impropriations, and other Hereditaments, to be employed for Pious and Charitable Uses, was presented to the House, and read; and approved of, and ordered to be sent to the House of Commons for their Concurrence.

Sir C. Coote's Ordinance.

An Ordinance for Two Thousand Pounds to be paid to Sir Charles Coote, was read, and Agreed to.

(Here enter it.)

Message to the H. C. with Ordinances; -and about Commanders of Ships.

A Message was sent to the House of Commons, by Sir Edw. Leech and Mr. Page:

1. To deliver to them the Petition of the Lord Brereton, with special Recommendations.

2. To deliver to them the Petition of the Lady Beaumont, with Recommendations.

3. To let them know, that this House do not agree to the Alterations in the Commanders of The Phonix, Antilope, and The Recovery; but adhere to the Commanders of those Ships, as they were sent down to the House of Commons.

Lane and Bawd.

Upon reading the Petition of Robert Lane: It is Ordered, That Mr. Bawde shall have a Copy of this Petition, and return his Answer within Three Weeks after Sight.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Sir Walter Earle Knight; who brought up an Ordinance for Fifteen Hundred (fn. 2) Pounds, to be paid the Lady Eleanor Drake, wherein their Lordships Concurrence is desired.

L. Pawlet's Composition.

It is Ordered, That the Commissioners at Goldsmithes Hall do certify to this House, the next Day after the Committee sits, the Proceedings of the Lord Pawlett's Composition, and the Grounds of retaining the Rents in the Hands of the Tenants.

The Answer returned was:

Answer to the H. C.

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

Answer from thence.

Doctor Bennett and Mr. Eltonheade return with this Answer from the House of Commons:

To all the rest of the Particulars, they will send an Answer by Messengers of their own.

Ordinance to continue Sir T. Fairfax Constable of The Tower.

It being moved, "That an Ordinance might be brought in, for continuing Sir Thomas Fairfax Constable of The Tower, during the Pleasure of both Houses."

And the House ordered these Lords Committees following to prepare an Ordinance for this Purpose, and report the same to the House:

Sir J. Brook's Claim to the Barony of Cobham.

Ordered, That Sir John Brooke's Title and Claim to be Lord Cobham shall be heard on Monday next, at which Time the Heralds are to attend.

Order for 2000l. for Sir Charles Coote.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Two Thousand Pounds be paid in Course (after other Assignments already charged shall be first satisfied), out of the Moiety of the Receipts of the Excise which is not engaged by Ordinance of Parliament for the Arrears of the Soldiery, to come in upon the several Ordinances of Parliament, with Interest for the same at Eight Pounds per Centum, from the 16th Day of February, 1647, payable every Six Months, unto Sir Charles Coote Knight and Baronet, Lord President of Connaught, his Executors and Assigns, to be defaulked out of his Entertainment; and the Commissioners of Excise for the Time being are hereby authorized to make Payment of the said Two Thousand Pounds and Interest accordingly unto the said Sir Charles Coote, his Executors or Assigns; whose Receipt or Receipts of the said Sir Charles Coote, his Executors or Assigns, shall be the Commissioners of Excise their sufficient Warrant and Discharge in that Behalf: And be it further Ordained, That if any well-affected Person or Persons shall advance and lend the said Two Thousand Pounds, or any Part or Parcel thereof, unto the said Sir Charles Coote, his Executors or Assigns, that every such Person or Persons respectively shall be satisfied and reimbursed the said Two Thousand Pounds, and Interest as aforesaid, out of the Moiety of the Receipts of the Excise, in Manner aforesaid; and shall not, by any other Order or Ordinance of One or both Houses of Parliament, be debarred from being satisfied and reimbursed accordingly; and it shall be lawful for the said Sir Charles Coote, his Assignee or Assigns, to assign over the said Sum of Two Thousand Pounds, or any Part or Parcel thereof, with Interest, unto such Person or Persons, their Executors, Administrators, or Assigns, who shall advance the same, or any Part thereof, whose Assignation or Assignations shall be to the said Advancer or Advancers their sufficient Warrant to receive the said Sum, with Interest, from the Commissioners of Excise, from Time to Time, as the same, or any Part thereof, shall become due and payable, with Interest as aforesaid; and the Receipt or Receipts of the said Sir Charles Coote, his Heirs, Executors, or Assigns, or Advancer or Advancers, their Executors or Assigns, shall be to the Commissioners of Excise their sufficient Warrant and Discharge, for the Payment of the said Sum of Two Thousand Pounds, and Interest for the same, and every Part and Parcel thereof."

"An additional Ordinance of the Lords and Commons assembled in Parliament, for the Explanation and better Execution of former Ordinances, for the Sale of the Lands and Possessions of the late Archbishops and Bishops, within the Realm of England and Dominion of Wales.

Additional Ordinance for Sale of Bishops Lands.

"To prevent all further Delays and Neglects, in paying in Monies, and perfecting Conveyances, by such who have contracted for Bishops Lands: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That all and every such Person or Persons who have contracted, or shall hereafter contract, for any Lands, Possessions, or Hereditaments, of the late Archbishops and Bishops, and, according to an Ordinance of the Three and Twentieth of September, One Thousand Six Hundred Forty and Seven, have obtained, or shall obtain, from any Five or more of the Contractors for Sale of the said Lands, any Certificate of Allowance of any reasonable Cause shewed or to be shewed by him or them, for his or their not prosecuting and perfecting their respective Conveyances, upon their Contracts, and shall neglect, within the Time limited by the said Contractors Certificate, to procure his or their respective Conveyances from the Trustees for Sale of the said Lands, shall forfeit the Third Part of the whole Monies payable upon his or their respective Contracts, unless he or they shall within that Time, upon good Cause shewn, procure, from Five or more of the said Contractors, a new Certificate, for further Time to perfect his or their Conveyances, and likewise pay in the Moiety of the Purchase-money (or so much as the same shall be estimated by the Register in case it cannot be ascertained), at such Time as the said Contractors Certificate shall appoint, and likewise agree to pay the Second Moiety within Six Months after such Payment of the First: Provided, That, if the afore-mentioned Estimate of the Moiety of the Purchase-money paid in as aforesaid shall, upon casting up of the Rates, appear to be more or less than the true Moiety of the said Purchase-money, that then there shall be such Abatement or Addition, out of or unto the Second Payment, as shall reduce and bring it to the just Moiety: And it is Ordered and Ordained, That the Forfeitures of all such Persons who have any Monies secured unto them by any of the Ordinances for the Sale of Bishops Lands shall be wholly defaulked by the Treasurers out of such Monies, if sufficient to satisfy the same; if not, then the said Treasurers are to detain so much as is due unto them upon the said Security; and the Residue of the said Monies so forfeited to be raised as is directed by this Ordinance; and such Person or Persons who have no Monies on the said Security, and notwithstanding have contracted, or shall contract, for the said Premises, or any Part thereof, but have not perfected his or their Conveyances according to the said Ordinance of Parliament, his or their Forfeiture shall likewise be levied as is directed by this present Ordinance: And it is further Ordered and Ordained, That such Person or Persons as shall incur or make any Forfeiture, by reason of the aforesaid or this present Ordinance, shall pay in to the said Treasurers his or their Monies so forfeited, or so much of it as is unsatisfied, within Ten Days next after such Forfeiture made; and, in case the same be not paid in to the said Treasurers within the Time before limited, the said Treasurers, or any Two of them, are hereby required, under their Hands, to certify such Neglects of Non-payment, unto Five or more of the said Contractors of the said Lands, within Three Days next after such Default made; and, after such Certificate made, the said Contractors, any Five or more of them, are hereby required and enjoined to make Certificates, under Five or more of their Hands, of the Sum or Sums of Money forfeited as aforesaid, unto the respective Committees or Commissioners for Sequestration, in the several and respective Counties and Places, within the Realm of England and Dominion of Wales, where such Person or Persons forfeiting as aforesaid have or hath any Real or Personal Estate: And it is further Ordered, Ordained, and Declared, by the Authority aforesaid, That the said respective Committees or Commissioners for Sequestration shall, and are hereby authorized and required, upon Receipt of such Certificate from the said Contractors, to seize, sequester, and secure, the Real and Personal Estate of such Person or Persons so forfeiting as aforesaid, and the same to detain in their Custody, without Sale or Disposal thereof, for the Space of Ten Days: Provided, That if the Person or Persons so sequestered do pay, or cause to be paid, in to the said Treasurers, his or their Forfeitures within the said Ten Days, that then, upon Certificate from the said Treasurers, or any Two of them, to the respective Committees or Commissioners, of the Payment thereof, the said Committees or Commissioners for Sequestrations are to discharge the Sequestration of the said Real and Personal Estate of such Person or Persons: And it is further Ordained, That in case such Person or Persons forfeiting as aforesaid do not satisfy and pay in his or their Forfeitures within the said Ten Days, that then the said Committees or Commissioners are hereby required and authorized to levy and raise such Sum or Sums, certified unto them as aforesaid, by Sale of the Goods, and Receipts of the Rents, Issues, and Profits, of the Lands of such Person or Persons; and, after the Sum certified as aforesaid is raised, the said Lands and Residue of the said Goods unsold are to be discharged of the Sequestration: And it is further Ordained, That all the said Forfeitures shall be paid in, by the respective Committees or Commissioners, to the said Treasurers, to be disposed of for such Purposes as are appointed by the Ordinance of the Sixteenth of November, 1646, as the Trustees, or any Five or more of them, shall by their Warrant under their Hands direct, which they are hereby authorized to do; and such their Warrant, together with the Parties Acquittance to whom the same shall be paid according to such Warrant, shall be a sufficient Discharge to the Treasurers in that Behalf: And it is further Ordained, That, after such Forfeiture incurred, it may and shall be lawful for any Five or more of the Contractors to contract for and sell all or any of the said Lands so contracted for and not prosecuted, to any other Person or Persons, notwithstanding the former Contract, as if it never had been made; any former Ordinance to the contrary notwithstanding: And it is lastly Ordained, That the Trustees for the said Lands do forthwith send this present Ordinance to the respective Sheriffs of the several Counties, Cities, and Boroughs, in the Kingdom of England and Dominion of Wales, who are hereby required to publish this present Ordinance, in the chief Market Towns of the said County, the next Market-day after the Receipt thereof; and the Day of the Publication thereof to certify to the said Trustees."

Worcester House to be surveyed, and sold to the E. of Salisbury.

"Ordered, by the Lords and Commons in Parliament assembled, That Mr. William Carter, Lawrence Swetnam, and John Bentley, formerly employed in surveying the Earl of Worcester's Houses and Lands sold to William Pennoyer and others, do survey Worcester House also, with the Appurtenances, and return their Survey to the Committee at Gouldsmiths Hall, who are hereby authorized to contract thereupon, and make Sale of the said Houses, with the Appurtenances, to the Earl of Salisbury, according to the former Order of both Houses passed therein."

Adjourn.

House adjourned till 10^a Monday Morning next.