House of Lords Journal Volume 10: 22 June 1648

DIE Jovis, 22 die Junii.

PRAYERS, by Dr. Smyth.

Domini præsentes fuerunt:

Ds. North, Speaker.

Papers concerning the Navy, and Trial of Piracy Causes.

The Lord Admiral reported divers Papers from the Committee at Derby House, which were read; and Ordered, That a Declaration be drawn accordingly:

The Two Papers touching the Navy to be manned fully, and with cordial Men, are entered the 21th of this Instant June.

Message to the H. C. with them.

Ordered, That all these Papers be communicated to the House of Commons, and desire their Concurrence therein.

And accordingly were sent down, by Doctor Bennett and Doctor Aylett.

E. of Hunt. Leave to stay in Town.

Upon reading the Petition of Ferdinando Earl of Huntingdon; desiring "Leave to stay in Town for Ten Days, to dispatch some earnest Occasions:"

It is Ordered, That he shall have Leave; and the Concurrence of the House of Commons to be desired therein.

Message to the H. C. about it.

And presently it was sent to the House of Commons, by Doctor Bennet and Doctor Aylett.

Message from thence, with Orders and Ordinances.

A Message was brought from the House of Commons, by Mr. Wheeler; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

Order for calling Serjeants.

8. An Order for the Commissioners of the Great Seal to consider of fit Persons, Lawyers, to be made Serjeants at Law.

Read Twice, and committed to the Committee of the whole (fn. 2) House; to be taken into Consideration on Monday Morning next, at which Time the Judges to be present; and the Oath of a Serjeant to be seen.

The Answer returned was:

Answer to the H. C.

That concerning the Order for naming Lawyers to be Serjeants, their Lordships will send an Answer by Messengers of their own: To all the rest, this House agrees to.

Ordinance to remove an Obstruction in raising the Assessments for Ireland.

An Ordinance was presented to the House, for taking away an Obstruction in the raising of the Assessments for Ireland; and being read Twice, was Agreed to, and ordered to be sent to the House of Commons, for their Concurrence.

Message to the H. C. with it.

And accordingly it was sent down, by Doctor Bennett and Doctor Aylett.

Mrs. Brown's Enlargement.

Upon the Petition of Elinor Browne; desiring, "That their Lordships would please to certify the Committee of her Acknowledgement of their civil Carriage towards her:"

Which was ordered accordingly. And this House is satisfied with the civil Usage of the Petitioner by the Committee of the Militia.

Jennings to attend for the Gent. Usher.

Ordered, That the Gentleman Usher attending this House shall have Liberty to go into the Country for Three Weeks; and Mr. Jennings is permitted to attend in his Place in the Interim.

Osborne, Leave to come to make good his Allegations.

"Ordered, by the Lords and Commons assembled in Parliament, That Richard Osborne may, within Forty Days after the Date hereof, come, with Safety to his Person, to make good the Allegations mentioned in his Letters, so long as he shall stay here for the Examination and Proof of the Business; and likewise shall have free Liberty to depart, without Molestation, Lett, or Hinderance."

Order for 200£. for Perkins.

"Ordered, by the Lords and Commons assembled in Parliament, That the Treasurers at Gouldsmiths Hall do pay unto William Perkins, Citizen of London, or his Assigns, the full Sum of Two Hundred Pounds, that was assigned him under the Marquis (fn. 3) of Ormond's Hand, as Part of that Money which was appointed to be paid unto his Lordship."

Ordinance for settling the Militia in Bristol.

"Be it Ordained, and it is Ordained, by the Lords and Commons assembled in Parliament, That these Persons following, (videlicet,) the Mayor and Recorder of the City and County of the City of Bristoll for the Time being, Richard Aldworth, Luke Hodges, Richard Vickers, Henry Gibbs, Hugh Browne, Robert Aldworth, John Faget, Esquires, Edward Tyson, George Heart, James Powell, William Grigg, Robert Haines, Dennis Hollister, Gentlemen, shall be the Committee for the Militia, in the City and County of the City of Bristoll, for the better Securing and Safety of the Parliament and the said City; and shall have Power and Authority, and are hereby authorized, by themselves or any Three of them, to put the said City and County of Bristoll into a Posture of Defence; and to raise Forces, Horse and Foot, and them to list, arm, and exercise, and to form them into Regiments, Troops, and Companies, and them to muster, array and weapon, from Time to Time, in Places fit for that Purpose; and to appoint over them Colonels, Captains, and other Officers, from Time to Time, by Commissions under the Hands and Seals of the said Committee, or any Five of them; and shall have Power, and are hereby authorized, by themselves or their said Commanders and Officers, to lead, conduct, and employ, the said Persons, arrayed and weaponed, for the Suppressions of all Rebellions and Insurrections that shall or may happen within the said City aforesaid, according as the said Committee shall give Directions, or shall be otherwise directed from Time to Time by the Lords and Commons in Parliament, or the Committee at Derby House; any former Order, Declaration, or other Matter, to the contrary hereof, in any Wise notwithstanding: And for all and every their doing herein, the said Committee, and all and every the said Person and Persons, shall be saved harmless and indemnified, by the Authority of Parliament: Provided, That this Ordinance, and every Thing therein contained, shall continue for the Space of Six Months, and no longer."

Order for Ely House for maimed Soldiers.

"Ordered, by the Lords and Commons in Parliament assembled, That the sick and wounded Soldiers shall have the present Use of Ely House, until the Houses take further Order, at such reasonable Rent by the Year as shall be agreed on by the Trustees for the Sale of Bishops Lands and the Treasurers for maimed Soldiers; and that the said Rent, so agreed upon, be paid by the Committee of Lords and Commons for Advance of Monies usually sitting at Habberdash'rs Hall: And, that a Work of so great Charity may have no longer Delays, the said Trustees for Sale of Bishops Lands are hereby authorized and enjoined to cause the Possession of the said House to be forthwith delivered to the Treasurers for maimed Soldiers, and the Rent to be speedily agreed and settled.

"And in regard that Edward Birkehead Esquire, Serjeant at Arms attending the House of Commons, who had formerly entered his Contract for the Purchase of the said House with the Contractors for Bishops Lands, hath, by the Command of the Houses, relinquished his said Contract, and signed a Release, which stands upon Record: It is hereby further Ordered, That the said Contractors for Bishops Lands, sitting in The Old Jury, London, with whom the said Contract was so entered, do, upon Sight of this Order, release the said Contract on their Parts, and the said Contract is hereby released accordingly, and the said Edward Birkehead discharged from all or any Forfeiture that he shall or might have incurred by his Non-prosecution of the said Contract; and shall be enabled hereby to receive his Money, with the Interest due, according to Ordinance, as freely as if he had not entered any such Contract: And thereof the said Contractors and Treasurers, and all others whom it may concern, are required to take Notice, and conform thereunto; and for so doing, this shall be their Warrant."

Order for 500£. for the Earl of Kildare.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be allowed and advanced to the Earl of Kildare, in Part of his Arrears, out of concealed Delinquents Estates not sequestered, such as he or any for him shall discover to the Committee usually sitting at Habberdash'rs Hall, and out of the Surplusage of Compositions of such Delinquents Estates as have compounded at Under-values; those Under-values to be discovered by the said Earl, or some for him: And it is Ordered, That the Committee at Habberdash'rs Hall do proceed upon such Discoveries, and use all effectual Means for bringing in the said Five Hundred Pounds, and paying of it to the said Earl or his Assigns."

Order for Thomasin's 500£. for Eastern MSS. for Cambridge University, to bear Interest.

"Whereas the Sum of Five Hundred Pounds is, by former Ordinance of both Houses, charged upon the Receipts at Gouldsmiths Hall, and appointed by the said Ordinance to be paid forthwith, by the Treasurers there, to George Thomasin Citizen of London, for a Parcel of Manuscripts bought of the said George Thomasin by both Houses of Parliament, and bestowed upon the Public Library of the University of Cambridge; and whereas the said Sum of Five Hundred Pounds is not as yet paid by the said Treasurers to the said George Thomasin: It is Ordered, by the Lords and Commons in Parliament assembled, That Interest, after the Rate of Eight per Centum, be allowed, from the Time the said Five Hundred Pounds was charged by Ordinance upon the Receipts at Gouldsmiths Hall, and paid every Six Months, by the Treasurers there, unto the said George Thomasin, or his Assigns, for so long Time as the Principal shall be forborn, with Power to the said George Thomasin to assign the said Five Hundred Pounds, together with the Interest from Time to Time due for the same, in Whole or in Part, to be paid to such Person or Persons, their Executors or Assigns, to whom the said George Thomasin shall declare the same to be paid; and that the Acquittance of the said George Thomasin, or his Assign, shall be a sufficient Warrant and Discharge to the Treasurers at Gouldsmiths Hall, for the Payment of Principal and Interest accordingly."

Ordinance for Spademan to be Minister of Althorp.

"Whereas the Rectory of Althorpe, in the County of Lincolne, is become void, by Death of Jerome Phillipps, late Incumbent thereof, the Original Patronage of which Rectory is in the Crown pleno Jure, and above Twenty Pounds per Annum in the King's Books, and so not in the Dispose of the Commissioners of the Great Seal: The Lords and Commons assembled in Parliament, to the End the said Parish may be supplied with a learned, godly, and orthodox Divine, have ordered and ordained, and do hereby order, ordain, and appoint, Thomas Spademan, a godly, learned, and orthodox Divine, to be Rector and Incumbent of the said Rectory of Althorpe, in the County aforesaid; and the Commissioners of the Great Seal of England are hereby required and authorized to pass, under the Great Seal of England, unto the said Thomas Spademan, a Presentation unto the said Rectory, according to the usual Form: Provided, That the said Mr. Thomas Spademan shall pay all such Tenths, First Fruits, and other Duties, as ought to be paid, for or in regard of his Incumbency there."

Ordinance for removing an Obstruction in raising the Assessments for Ireland.

(fn. 4) Passed the H. C. the of June 1648.

"Whereas, by Ordinance of both Houses of Parliament, dated the 16th of February last, for the raising of Twenty Thousand Pounds a Month, for the Relief of Ireland, it is ordained, That the High Collectors appointed by the said Ordinance shall have Power to nominate and authorize all Sub-collectors, in each Parish, Tithing, or other Places, within the respective Hundreds and Limits; which said Subcollectors, in former Ordinances for the Levying of Sixty Thousand Pounds per Mensem for the Army under the Command of the Lord Fairefax, were appointed to be nominated by the Commissioners of each County in their respective Divisions; and in regard the Alteration of the Choice of the said Subcollectors is found to be prejudicial to the speedy getting in of the Money assessed, or to be assessed, by virtue of the said Ordinance of the 16th of February last, it is therfore ordained, and be it Ordained, by the Authority aforesaid, That the Commissioners appointed by the said Ordinance in the several Counties, in their respective Divisions, or any Two or more of them, shall have Power, and are hereby required, to nominate and authorize Sub-collectors, in each Parish, Tithing, or other Place, within their respective Hundreds and Limits, who may and shall and hereby are required, to levy and collect the Money assessed, or to be assessed, by virtue of the said Ordinance, within their respective Limits, and to pay the same to the High Collectors, according to the said Ordinance of the 16th of February last.

"Provided, That nothing in this Ordinance shall extend to the Nulling or Altering of any such Subcollectors that are already appointed, by virtue of the former Ordinance of the 16th of February last."

Peck to be instituted to Boresford.

Ordered, That Doctor Aylett give Institution and Induction unto Symon Pecke Clerk, to the Rectory of Boresford, in the County of Leicester, void by the Death of Richard Gym Clerk, the last Incumbent; salvo, Jure cujuscunque: Sir Roger Smith Knight, Patron.

Reports concerning the revolted Ships, and to prevent the like in future.

"Die Mercurii, 21 Junii, 1648.

"At a Sub-committee, sitting at Sir Abraham Williams's House.

"Ordered, That Report be made to the Committee of Lords and Commons at Derby House, That, in Pursuance of the Order of the said Committee, dated 17 Junii Instant, the Members of the said Committee named in the said Order, together with the Committee of the Navy, have advised with the Commissioners of the Navy, divers Merchants and Owners of Ships, and the Master and several Members of The Trinity House, the Result whereof amounted to this: That, if it were put into a Way, they would in their several Capacities declare their Detestation of this Act of the Revolted, and their Resolution to assist with their utmost Endeavours for the reducing of the Ships and Men; and that a Declaration may be made, by both Houses of Parliament, of the evil Consequences of the said Revolt, and of the Proceedings of the Parliament towards the Revolters, and for the settling of the Peace of the Kingdom."

"Die Mercurii, 21 Junii, 1648.

"At the Committee of Lords and Commons, sitting at Derby House.

"Ordered,

"That it be reported to both Houses, That this Committee, taking into Consideration the Business of the revolted Ships, did appoint the Lord Admiral, the Lord Say, Mr. Pierepont, Sir John Evelyn, Sir Henry Vane Junior, and Mr. Wallopp, or any Three of them, to be a Sub-committee, to join with such as the Committee of the Navy should appoint, and to call to them such of the Merchants of the several Companies, as also the Commissioners of the Navy, and such of The Trinity House as they shall think fit, to consult with them of the best Means to remedy those Evils which may grow from the revolted Ships, and to prevent the like for the future; and to report their Results to this Committee.

"That, in Pursuance of this Order, the said Subcommittee hath several Times met, at Sir Abraham Williams's House, with some Merchants of several Companies, and divers of the Members of Trinity House, and consulted about the said Business; the Results of which Consultation they have delivered in to this Committee: Which we thought fit to offer to the Consideration of both Houses, being as followeth.

"Gualter Frost, Secretary.

22 June, 1648.

"To the Right Honourable the Lords and Commons assembled in Parliament."

For Commissions of Over and Terminer, for Trial of Piracy Causes.

"Whereas divers Seamen are now under Custody, in several Places, for Matters referring to Piracy; and whereas the like Occasions may for the future frequently fall out: It is humbly recommended to the Houses, by the Earl of Warwick, Lord High Admiral, That Warrant be given, by both Houses, for the issuing Commissions of Oyer and Terminer (according to the Statute in that Case made and provided), to authorize the Lord Admiral, as also the Judges of the High Court of Admiralty, and the Judges of the respective Vice-Admiralties (as there shall be Occasion), to proceed to Trial of Piracy Causes; and that such Commissioners may be joined in the said respective Commissions, as shall be nominated by the Lord Admiral, or otherwise as the Houses shall in their Wisdom think fit."

Representation from the L. Admiral, concerning the Wants of the Navy.

"To the Right Honourable the Lords and Commons assembled in Parliament.

"It is represented by the Earl of Warwicke, Lord High Admiral, That, by Certificates from the Commissioners of the Navy, hereunto annexed, there appears the great Necessity of speedy providing several Necessaries, for Supply of the Magazines of the Navy, and the Sum of Money requisite in that Behalf, the same amounting unto Twenty-six Thousand Six Hundred Thirty-eight Pounds; which, in Discharge of his Trust, and Faithfulness to their Service, he doth humbly offer unto the Houses Consideration, with his earnest Desire that Money may be accordingly provided, with all convenient Expedition, in such a Way as they shall in their Wisdoms think fit."

Ordered, That this be sent to the House of Commons; with a Desire that it may be speedily considered of, because it so much concerns the Safety of the Kingdom.

Letter from the Commissioners of the Navy to him, about them.

"May it please Your Lordship,

"We have sundry Times, for divers Months past, represented to the Honourable Committees both of the Admiralty and Navy, that the Stores in the respective Yards are so much exhausted, that there are not considerable Provisions left, either to supply the Ships now at Sea, nor any Magazine for the setting out of the next Winter Guard; and presented their Honours with an Estimate of such necessary Provisions as of Necessity must be had, to supply the Magazine of the Navy; notwithstanding, no effectual Course hath been hitherto taken therein: Wherefore we humbly desire, that, seeing the Parliament have imposed upon your Lordship the principal Charge and Care of the Navy and Fleet, your Honour would please to represent to the Houses the great Want of Hemp, Timber, Plank, Tar, and other Provisions, for the Supply of the Navy; and that Money may be speedily provided, according to the inclosed Estimate, being a Copy of the same formerly sent to the said Honourable Committees. So, humbly leaving the Premises to your Lordship's serious Consideration, we take Leave; and remain,

"At your Lordship's Command,

Navy Office, 16 Jun. 1648.

"Wm. Batten, Tho. Smith, Ro. Tweedy, Peter Pett, "Bi. Crandley.

"To the Right Honourable Robert Earl of Warwicke, Lord High Admiral of England. These present."

Estimate of the Stores wanting in the Navy.

"An Estimate of such necessary Provisions as of Necessity must be had to supply the Magazine of the Navy; (videlicet,)

"Will. Batten, Bi. Crandley, Ro. Tweedy, Tho. Smith."

Adjourn.

House adjourned till 10^a cras.