House of Lords Journal Volume 10: 14 April 1648

DIE Veneris, 14 die Aprilis.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer from the House of Commons:

That they agree for the securing the Lord Inchequin's Son, and in the Orders for the Thanksgiving for suppressing the Tumult in the City, and for a Commission of Oyer and Terminer. (Here enter them.)

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

Letter of Congratulation to the Archduke Leopold, Governor of Flanders.

The Earl of Warwicke reported a Paper from the Committee of the Admiralty, upon some Information from the Agent with the Arch-duke. (Here enter it.)

Ordered, That it be referred to the Committee for the Foreign Affairs, to draw a Letter, to be sent to the Arch-duke, to excuse it, that the Parliament hath not all this while sent to congratulate with him, in regard of the Troubles here.

Captain Crowther, to block up the Harbours under L. Inchiquin.

The Earl of Warwicke reported a Draught of a Letter from the Committee for the Admiralty, to Captain Crowther, giving him Directions about Blocking up the Harbours under the Command of the Lord Inchequin in Ireland; which, being read, was Agreed to, and ordered to be sent to the House of Commons, for their Concurrence; and that it may be signed by both the Speakers.

Colonel Herbert's Petition for his Arrears.

Upon reading the Petition of Colonel Herbert; humbly desiring, "he may have his Arrears of Five Hundred Thirty-eight Pounds paid him, which he hath disbursed in Part of his own Money:"

It is Ordered, To be specially recommended to the House of Commons.

Sir J. Maynard, further Time to put in his Answer.

Upon the humble Petition of Sir John Maynard, desiring further Time to put in his Answer:

It is Ordered, That he shall have further Time till the 23th of May next.

Wright and Page.

Upon reading the Petition of Mary Wright, Widow:

This House was satisfied that Mr. Page had assigned over the Extent, for securing the Money to the Petitioner, according to the Order of this House; and therefore ought not to be further satisfied concerning that Particular.

Message from the H. C. with an Ordinance and Orders.

A Message was brought from the House of Commons, by Mr. John Corbett; who brought up divers Particulars, wherein their Lordships Concurrence is desired; (videlicet,)

1. An Ordinance for issuing out a Commission of Oyer and Terminer, for Trial of such Persons as were active in the late Insurrection in the City of London.

(Here enter it.)

Read, and Agreed to.

2. An Order for Fifty Pounds to Major Gray, and Thirty Pounds to Captain Nelson. (Here enter it.)

Read, and Agreed to.

3. Order of Thanks to the General and his Soldiers. (Here enter it.)

Read, and Agreed to.

4. Order for One Thousand Pounds Gratuity to the General's Soldiers. (Here enter it.)

Read, and Agreed to.

5. Order for Brent, a Prisoner in The Tower, to be tried at the King's Bench. (Here enter it.)

Agreed to.

6. Order concerning Mr. Savage, Sheriff of Dorsetshire, to come out of his Country, upon his Occasions.

(Here enter it.)

Read, and Agreed to.

7. Order for Payment of Three Thousand Nine Hundred Sixty-three Pounds, Eighteen Shillings, and Five Pence, upon the Moiety of the Receipts of the Excise, to Mr. Sykes, Merchant. (Here enter it.)

Agreed to.

8. Order to pay to Colonel Sir Rich. Houghton Seven Hundred Seventy-nine Pounds, Five Shillings, and Nine Pence, out of the Receipts of the Grand Excise. (Here enter it.)

Read, and Agreed to.

9. Order prohibiting the Cutting of Wood, and Felling of Timber, in the Forest of Deane.

Read, and respited.

The Answer was:

Answer.

That as to the Ordinance for prohibiting Cutting of Wood, and Felling of Timber, in the Forest of Deane, their Lordships will take it into Consideration, and will send an Answer by Messengers of their own: To all the rest, their Lordships do agree.

Debate concerning Arbitrary Power.

Ordered, That the Matter this Day in Debate, concerning the restraining of Arbitrary Power, is referred to the Consideration of these Lords following, and to offer the House what they think fit to be done therein:

Any Three; to meet on Tuesday Morning, at Nine of the Clock, in the Lord Keeper's Lodgings; and to adjourn themselves from Time [ (fn. 1) to Time;] and the Judges to attend the Committee.

Hussey's Ordinance, to be Minister of Westham:

Ordered, That an Ordinance be brought in, for making Mr. Hussey Minister of West Ham, in the County of Surry, formerly in the Gift of the Archbishop of Cant. and now in the disposing of the Parliament.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Colonel Thompson, &c.; who brought up an Ordinance for better fettling and ordering the Militia of the Borough of Southwarke, wherein they desire their Lordships Concurrence. (Here enter it.)

Read, and Agreed to; and ordered to be printed, and published.

The Answer returned was:

Answer.

That this House agrees to the Ordinance now brought up.

Ordinance to prohibit cutting Timber in Dean Forest.

The Ordinance for prohibiting the Cutting of Wood and Timber, in the Forest of Deane, was read the Second Time, and Agreed to with a Proviso; and ordered to be sent to the House of Commons for their Concurrence.

Col. Payne released.

This Day Colonel George Payne was brought to this Bar, by virtue of a Habeas Corpus cum Causa; and his Releasement was ordered accordingly.

Archd. Leopold to export Horses.

Ordered, That a Pass shall be granted, for transporting Six Horses, or Geldings, for the Use of Leopoldus the Archduke.

Message to the H. C. with the Ordinance about Dean Forest;-with the D. of Lorrain's Letter; and Col. Herbert's Petition.

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

1. To deliver to them the Ordinance for (fn. 2) prohibiting cutting Timber, in the Forest of Deane; and desire their Concurrence in the Proviso.

2. To recommend to them the Petition of Colonel Herbert.

3. To deliver to them the Letter of the Duke of Lorraine; and desire Concurrence, that it be referred to the Committee for Foreign Affairs, to prepare an Answer to it, and report the same to the Houses.

Contractors for Bishops Lands Ordinance.

The Ordinance for giving Power to the Trustees for Sale of Bishops Lands to convey Land to the Contractors, in Lieu of their Salaries, was read, and passed.

(Here enter it.)

Sir T. Ingram, a Pass.

Ordered, That Sir Thomas Ingram, with his Servants, shall have a Pass, to go into France.

Bishop to be instituted to Winshow;

Ordered, That Dr. Heath give Institution and Induction unto Dr. Heath Clerk, to the Vicarage of Winslowe, in Com. Bucks, void by Death: Granted by the Great Seal.

Forty to Godalming;

Ordered, That Dr. Heath give Institution and Induction to Isaac Forty, to the Vicarage of Godaling, in Com. Surrey, void by Death: By the Great Seal.

and Robinson to Purlock.

Ordered, That Dr. Bennett give Institution and Induction to Alexand. Robinson Clerk, to the Rectory of Purlocke, in Com. Som'sett: By Great Seal.

Report from the Admiralty Committee; with the following Letters:

"Die Jovis, 13 Aprilis, 1648.

At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"Ordered, That Mr. Thelwall's Letter to this Committee, dated at Bruxells, 8 / 18 April. 1648, concerning Sir William Waller, &c. be reported to both Houses of Parliament; (videlicet,) by the Earl of Warwicke to the House of Peers, and by Colonel Morley to the House of Commons.

"W. Jessop, Secretary."

"Extracted out of a Letter from Mr. Thelwall, Agent for the Parliament in Flaunders, directed to the Committee of Lords and Commons for the Admiralty, dated in Bruxells, 25 March, / 5 April, 1648.

Letters from Thelwall, the Parliament's Agent at Brussels, that Ld. Willoughby,

"Right Honourable Sirs,

"This Week there passed through this Town, for Antwerpe, the Lord Willoughby of Parham, Sir William

Sir W. Waller, and others, passed through there;-that he apprehends they are negotiating something with the D. of Lorrain against the Parliament;- and desiring his Salary, &c.

Waller, Mr. Massie, and Colonel Thompson, very privately, and conversed with none but with one Colonel Anselme, who conveyed them Three or Four Leagues out of Town. What further I can understand of them, shall give your Honours Advice thereof; for it hath been reported by the said Anselme, to a Friend of mine, that they are a-plotting something to the Prejudice of the Parliament.

"Your most humble and faithful Servant,

"Peeter Thelwall."

"The Copy of a Letter from Mr. Thelwall, Agent for the Parliament in Flaunders, directed to the Committee of Lords and Commons for the Admiralty, dated in Bruxills, 8 / 18 April, 1648.

"Right Honourable Sirs,

"As yet have not obtained an absolute Resolution to the Remonstrance given his Highness, whereof your Honours have a Copy here inclosed. The President hath Yesterday sent his Highness his Opinion therein; per next, doubt not but shall give your Honours a good Account thereof. I hope your Honours have taken Resolution, either to send an Extraordinary or a Letter of an Excuse to his Highness per First for his Highness, as is for certain thought that he doth depart the End of this Week for Companiæ. An Answer to the Duke of Loraine's Letter, or that I may know what for to do concerning the Threats he sent me, as advise your Honours in my last, I shall intreat your Honours that I may have per First.

"Sir William Waller and the rest formerly advised your Honours, are returned for Holland; the only Correspondent they had here was one Colonel Anselme, who is in Service here. It hath been reported by the said Anselme, "That they have a great Plot in Hand; and that he hoped in a short Time to be with them, either in England or Scotland; and that they have Two Hundred Thousand Pounds in their Command." They did at their being here send an Express for Paris, who is Yesterday returned here, and To-day departed for Holland to find them; and, as Report goeth here, the Prince of Wales is expected to come for Holland. I do hope in a short Time for to discover some Plots which are in Agitation, by the Duke of Loraine and others.

"I do again humbly intreat your Honours, that I may (fn. 3) have my Salary and extraordinary Expences paid me per First, that I may be able to continue here. Not having else, I rest.

"Your most humble and faithful Servant,

"Pieter Thelwall."

Order for a Commission to be issued, for trying the Rioters in the late Insurrection in London.

"Ordered, by the Lords and Commons in Parliament assembled, That the Commissioners of the Great Seal of England shall forthwith give Warrants to the Clerk of the Crown in Chancery, to prepare several special Commissions of Oyer and Terminer for the City of London, to be executed at Guildhall, London, and for the Counties of Middlesex and Surrey, to try and punish such Persons as had any Hand in acting, abetting, counseling, or furthering, the late horrid and detestable Insurrection, Rebellion, and Tumult, in the said City of London and Counties aforesaid; and that the said Commissioners do pass the said Commissions under the Great Seal of England accordingly: And this shall be to them, and every of them, a sufficient Warrant for so doing: Provided always, That the Sitting of the Court of King's Bench in the Term Time shall not determine or suspend the Commission issued into the County of Middlesex; any Law, Statute, Usage, or Custom, to the contrary, in any Wise notwithstanding."

Order for Money to Major Gray and Capt. Nelson.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Fifty Pounds be forthwith given and paid unto Major Gray; and that the Sum of Thirty Pounds be forthwith given and paid unto Captain Nelson, for their great Pains taken, in bringing speedy Intelligence to the Houses, touching the Affairs in Ireland; and the said several Sums of Fifty Pounds and Thirty Pounds to be charged upon Habberdashers Hall."

Thanks to the General, &c. for their service in the late Insurrection in London:

"Ordered, by the Lords and Commons assembled in Parliament, That hearty Thanks be given to the Lord General, the Officers, and Soldiers, for their great Service, and gallant Carriage, in the timely and seasonable Assistance they afforded, for suppressing the late great Insurrection in the City of London."

Order for 1000l. Gratuity to the Officers and Soldiers at Whitehall and The Meuse, for their Service in quelling it.

"Be it Ordered and Ordained, by the Lords and Commons assembled in Parliament, That the Sum of One Thousand Pounds be forthwith advanced, and bestowed as a Gratuity upon the Officers and Soldiers at The Mewes and Whitehall, for their late Service so gallantly and seasonably performed, for suppressing the late Insurrection in the City of London; and that the said Sum of One Thousand Pounds be charged upon the Receipts at Gouldsmiths Hall, and paid by the Treasurers there forthwith, notwithstanding any Ordinance, Order, or Grant, to the contrary: Provided, That this shall not be brought into Example or Precedent for the future, to the Prejudice of any former Ordinances, Orders, or Engagements; but that all Monies hereafter shall be paid and issued from that Treasury in Course: And the Treasurers at Gouldsmiths Hall are hereby authorized and required forthwith to issue out and pay the said Sum of One Thousand Pounds unto Colonel Rich and Colonel Baxted; and that the Acquittance or Acquittances of the said Colonels respectively shall be a sufficient Discharge to the Treasurers, for the Payment thereof accordingly."

Brent, an Irish Rebel, to be tried in the King's Bench.

"Ordered, by the Lords and Commons in Parliament assembled, That Brent, a Prisoner in The Tower upon Suspicion of having had an Hand in the Rebellion in Ireland, be forthwith proceeded against, and brought to Trial at the King's Bench, according to former Order."

Savage, Sheriff of Dorset, Leave to come to London.

"Ordered, by the Lords and Commons assembled in Parliament, That William Savage Esquire, formerly appointed by both Houses to be Sheriff of the County of Dorsett, have Liberty to come out of his County, and to come to London, upon his own Occasions."

Order for 3963l. 18s. 5d. for Mr. Sykes.

"Forasmuch as it appears, by Certificate from the Committee for taking the Accompts of the whole Kingdom, that there is due to Wm. Sykes, of Hull, Merchant, the Sum of Three Thousand Nine Hundred Sixty-three Pounds, Eighteen Shillings, and Five Pence, for Arms and Ammunition delivered to the Service of the Parliament: The Lords and Commons in Parliament assembled do order and ordain, That the said Sum of Three Thousand Nine Hundred Sixtythree Pounds, Eighteen Shillings, and Five Pence, shall be, and is hereby, charged upon the Moiety of the Receipts of the Excise, in Course, not engaged; and that the said Sum of Three Thousand Nine Hundred Sixty-three Pounds, Eighteen Shillings, and Five Pence, with Interest for the same, from the Date of this Ordinance, after the Rate of Eight Pounds per Cent. payable every Six Months, shall be paid to the said William Sykes, in full Satisfaction of his Demand of the aforesaid Sum of Three Thousand Nine Hundred Sixty-three Pounds, Eighteen Shillings, and Five Pence: And the Commissioners of Excise and new Impost are hereby authorized and required to pay the said Sum of Three Thousand Nine Hundred Sixtythree Pounds, Eighteen Shillings, and Five Pence, with Interest accordingly, to the said William Sykes, or unto such Person or Persons as shall have Order from him under his Hand and Seal to receive the same, or any Part thereof: And such Receipt or Receipts, from him the said William Sykes, or any such other Person so authorized, of all or any Part of the said Three Thousand Nine Hundred Sixty-three Pounds, Eighteen Shillings, and Five Pence, with Interest for the same as aforesaid, shall be unto the said Commissioners, and every of them, a sufficient Discharge in that Behalf."

Order for 779l. 5s. 9d. for Col. Sir R. Houghton.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Sum of Seven Hundred Seventy-nine Pounds, Five Shillings, Nine Pence, (due unto Colonel Sir Richard Houghton, upon his Entertainment in the Service of the Parliament) be charged upon the Receipts of the Grand Excise, in Course, and paid unto the said Sir Richard Houghton, his Executors, Administrators, or Assignees; and the Commissioners of Excise (for the Time being) are authorized and required to pay the same accordingly: And the Receipt or Receipts of the said Sir Richard Houghton, his Executors, Administrators, or Assignees, shall be a sufficient Warrant and Discharge in that Behalf."

Ordinance to give Power to the Trustees for Sale of Bishops Lands, to convey Land to the Contractors, in Lieu of their Salaries.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Trustees named and appointed in and by several Ordinances of Parliament, for the Sale of the Lands and Possessions of the late Archbishops and Bishops, or any Five or more of them, upon the Desire or Request in Writing of the Contractors in the said Ordinances named, or of any One or more of them, under their or any One or more of their Hands and Seals, and upon a Particular or Particulars to be made forth, examined, signed, and rated, under the Hand of Henry Elsinge Register, shall and may, and are hereby authorized, required, and enabled, by Bargain and Sale enrolled, or other good Assurance, to grant and convey (with like Warranty as to other Purchasers) unto the said Contractors, or unto such any One or more of them as shall so desire the same, his and their Heirs and Assigns for ever, any Manor or Manors, Lands, Tenements, Rents, or Hereditaments, Parcel of the Possessions of the said late Archbishops and Bishops, at the Rate of Ten Years Purchase for Lands or Estates in Possession, and for Reversions proportionably; the said Lands, so to be conveyed, to be in Lieu of, and accompted towards Satisfaction of, such Sum and Sums of Money as shall from Time to Time be due, and should or ought to be allowed and paid unto the said Contractors, or any One or more of them, proportionably, for his or their Salary, in respect of their or any of their Attendance and Service in the Sales already made, and hereafter to be made, of the Lands and Possessions aforesaid: Provided always, and it is hereby Ordained and Declared, That the said Purchaser or Purchasers shall not exceed the Proportion of Fourscore Pounds per Annum in Possession, or Reversions to the Value of Fourscore Pounds per Annum in Possession, according to the Rules of Proportion expressed in an Ordinance of Parliament of 17th of March, 1647, to each respective Contractor; and shall be of such Manors, Lands, Tenements, and Hereditaments, whereof no Particular signed by the Register hath been or shall be taken forth by any Person or Persons within Threescore Days after Return and Publication of the Survey or Surveys wherein the same are or shall be comprized: Provided, That in case, at the Finishing of the Sale of the said late Archbishops and Bishops Lands, or at his or their Discharge from the said Service and Employment of a Contractor or Contractors, the Value of the Purchase to be made shall exceed his or their respective Salary from Time to Time to be then due, demanded, and allowed, as aforesaid, that then the Overplus of any such Purchase or Purchases, upon a Certificate thereof stated and delivered unto the Treasurers under the Hand of the Register, shall be, by the said Contractors or any One or more of them, paid within Six Months next after the Delivery of the said Certificate; and that the said Trustees shall, immediately after the passing of the Assurance of the Lands or Estates so purchased as aforesaid, (fn. 4) take Security by the Lands or Estates so to be by them conveyed for Performance thereof accordingly: Provided, That (if the said Premises in Possession, to be sold and conveyed as aforesaid, be Part or Parcel of a Manor) the said Register shall rate, and Trustees shall, together with the Premises in Possession, sell and convey the Manor, with its Royalties and Appurtenances, or so much of it as shall be then unsold, according to the Particular signed as aforesaid, and according to the Proportions and Limitations as are before expressed; and in case any Manor to be purchased and conveyed as aforesaid shall exceed the Value of his or their Salary to be discounted as aforesaid, the said Trustees shall and may, and are hereby authorized to convey the same to the said Contractors, or any One or more of them as aforesaid, according to a Particular thereof made, and signed as aforesaid; he or they paying, for so much thereof as shall exceed the Proportion allowed, as aforesaid, for his Salary, such Rates as Henry Elsinge Register shall under his Hand ascertain and set down, so that the Rates be not under the Proportion expressed in the Ordinances of Parliament for the Sale of the said Lands.

"And be it lastly Ordained, That this present Ordinance shall be valid, according to the Tenor and true Meaning thereof; any former or other Ordinance or Ordinances concerning the Lands and Possessions of the said late Archbishops and Bishops, or any Clause, Article, or Thing, in them or any of them contained to the contrary, in any Wise, notwithstanding."

Order for a Thanksgiving, for the Deliverance from the late Insurrection in the City.

"Ordered, by the Lords and Commons in Parliament assembled, That a Public Thanksgiving be made, by the several Ministers within the late Lines of Communication, on the next Lord's-day, for the great Mercy of God, in delivering the City of London from the late horrid Outrage and Tumult; and that the Lord Mayor of the said City do give Notice thereof to the several Ministers within the said Lines of Communication."

Adjourn.

House adjourned till 10^a cras.