House of Lords Journal Volume 10: 24 July 1648

Die Lunæ, 24 die Julii.

PRAYERS, by Mr. Carter.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Sir Walter Erle Knight, &c.; who brought up these Particulars following, wherein they desire their Lordships Concurrence:

An Ordinance for settling the Militia in the County of Dorsett. (Here enter it.)

Read Twice, and Agreed to.

An Ordinance concerning the Old Customs to be converted for the Use of the Navy.

Read, and respited for a while.

The Answer returned was:

Answer.

That this House agrees to the Ordinance for settling the Militia of the County of Dorsett: As to that Ordinance concerning the Old Customs, their Lordships will take the same into Consideration, and will send an Answer by Messengers of their own.

L. Colraine and Ly. Delawar.

Upon reading the Petition of Hugh Lord of Colrayne, wherein the Lady De la Warr is concerned, touching a Debt owing to him by her upon a Statute; desiring, "Leave to take the Benefit of his Assurance, by Way of Extent; which he cannot do, by reason she claims her Privilege as, a Peer of this Realm:"

It is Ordered, That the Lady De la Warr shall have a Copy of the Petition, and put in her Answer into this House by Saturday next.

E. of Lincoln and Ly. Delawar.

Ordered, That the Lady De la Warr shall have further Time until Thursday next, to put in her Answer to the Earl of Lyncolne's Petition.

A Paper was reported, by the Earl of Northumb. from the Committee for the Revenue; which was read, as followeth:

Report from the Revenue Committee, for the E. of Pemb. to be Constable of Windsor.

"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm. the 12th Day of July, 1648.

"Ordered, That the Right Honourable the Earl of Pembrooke he recommended to the Houses, to have the Constableship of the Honour of Windsor conferred upon his Lordship, together with the Keepership of the Great Part of Windsor.

E. of Suff. to be Steward of F. Greenwich;

"The Right Honourable the Earl of Suffolke be recommended to the Houses, to have the Stewardship of the Manor of East Greenewich conferred upon his Lordship, together with the Keepership of the House and Park at Greenwich.

and L. Howard, Keeper of Hide Park.

"And the Right Honourable the Lord Howard of Escricke be recommended to the Houses to have the Keepership of Hideparke conferred on his Lordship, in the Place of the Earl of Holland.

"And further Ordered, and we do desire, the Right Honourable the Earl of Northumb. to report their Recommendations to the House of Peers accordingly."

Ordered, That this House agrees to this Report; and that it be sent to the House of Commons, for their Concurrence.

Message to the H. C. about it; —and for Osborne & al. to attend the Hampshire Assizes, about Major Rolfe's Trial.

A Message was sent to the House of Commons, by Doctor Bennet and Mr. Page:

1. To deliver to them the Order concerning Mr. Osborne, Mr. Dowcett, and Mr. Worseley; and desire their Concurrence therein.

2. To deliver to them the Report, which was read this Day from the Committee of the Revenue, concerning the Earl of Pembrooke, Earl of Suffolke, and the Lord Howard; and desire their Concurrence therein.

L. Bruce versus Willis & al.

Ordered, The Complaint made by the Lord Bruce against Willis, Butt, Buggis, and others, about a Riot, in throwing down Inclosures in Gillingham Forrest, in the County of Dorsett, shall be heard, by Counsel on both Sides, on Thursday Morning next.

Heads for a Conference about a Treaty.

Ordered, That the Committee appointed to draw up Reasons, in Answer to the Reasons delivered at the last Conference, concerning the Three Propositions to be offered to the King before the Treaty be begun, shall report the same To-morrow Morning.

Indemnity for Persons in listed by Gen. Skippon, revoked.

The Earl of Lyncolne reported from the Committee, a Vote for revoking the latter Clause of the Vote of the 12th of July Instant, giving Indemnity to Major General Skippon and others, for inlisting of Volunteers; which was read, as followeth:

"Resolved, by the Lords and in Parliament assembled, That so much of that Vote passed the 12th of July, 1648, as concerns the Indemnity of Major General Skippon, and all other Persons for the future, is hereby revoked and made void."

The Question being put, "Whether to agree to this Vote now read?"

It was Resolved in the Affirmative.

Message from the H. C. with Orders; and Riggs' Ordinance.

A Message was brought from the House of Commons, by Mr. Bunckley, &c.; who brought up several Orders and Ordinances, wherein they desire their Lordships Concurrence:

1. An Order for raising Monies, to maintain a Troop of Horse, in the County of Huntingdon.

2. An Ordinance for removing Obstructions in the Sale of Bishops Lands. (Here enter it.)

Read, and Agreed to.

3. An Order for Colonel Hill to have Five Hundred Pounds. (Here enter it.)

Agreed to.

4. An Order for paying One Hundred (fn. 1) Pounds apiece to Colonel Butler and Quarter-master Fincher.

(Here enter it.)

Agreed to.

5. To acquaint their Lordships, that they have agreed to an Ordinance formerly sent down, touching the Confirmation of a Lease made to Ralph Riggs, by the late Bishop of London. (Here enter it.)

The Answer returned was:

Answer.

That concerning the Ordinance for a Troop for Huntingdonshire, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest, this House agrees to.

Message to the H. C. with Votes for revoking Gen. Skippon's Orders for inlisting Men.

A Message was sent to the House of Commons, by Doctor Bennett and Mr. Page:

To deliver to them these Votes, and desire Concurrence to them:

1. A Vote for revoking the Vote of the 12th of this Instant July, for Major General Skippon to have Power to inlist Volunteers.

2. A Vote for revoking the Vote of the 12th of July Instant, desiring the Militia of London to be assisting to Major General Skippon in inlisting Volunteers.

3. A Vote for revoking the latter Clause in the Vote of the 12th of July Instant, giving Indemnity to Major General Skippon and others.

Ordinance for raising Forces in Hunt.

The Ordinance for raising Monies, to maintain a Troop of Horse, in the County of Huntingdon, was read Twice, and committed to these Lords following:

Any Three; to meet To-morrow Morning, at Nine of the Clock, in the Lord Keeper's Lodgings.

Douch to be instituted to Stalbridge.

Ordered, That Doctor Aylett shall give Institution and Induction to John Douch Cleric. to the Rectory of Stalbridge, in the County of Somersett; presented thereunto by Walter Tyte: And this with a salvo Jure cujuscunque.

Embargo on Ships to be taken off.

Upon reading the Petition of the Governor, Deputy, Assistants, and Fellowship, of Merchant Adventurers of England; shewing, "That a Ship laded with Cloth and Two Ketches are staid from their Voyage, by reason of the Embargo:"

It is Ordered, That they be released, and permitted to go their Voyage; and that the Concurrence of the House of Commons be desired herein; and that the same Liberty may be for all other Ships as are stayed by reason of this Embargo, the Navy being now gone to Sea.

Order for 500 l. for Col. Hill.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Five Hundred Pounds be forthwith paid unto Colonel Arthur Hill, or his Assigns, upon Accompt, in Part of the Monies [ (fn. 2) due unto him for his present Subsistence, out of such Monies] as shall come in upon the several Ordinances of the 13th of January, 1647, and 5th of June, 1648, for the raising of Fifty Thousand Pounds, out of Delinquents Estates, for the Service of Ireland; and the Treasurer appointed by the said Ordinances is hereby required to make Payment of the said Five Hundred Pounds accordingly: And the Acquittance or Acquittances of the said Arthur Hill, his Executors or Assigns, shall be unto the said Treasurer a sufficient Discharge in that Behalf."

Order for 100 l. each to Col. Butler and Fincher.

"Ordered, by the Lords and Commons assembled in Parliament, That Colonel Butler and Quartermaster Fincher have One Hundred Pounds apiece given to them, as a Gratuity; and that the said Two Hundred Pounds be charged upon Habberdash'rs Hall."

Ordinance to settle the Militia of Dorsetshire.

"Be it Ordained, by the Lords and Commons assembled in Parliament, That the Persons following; videlicet, Algernon Earl of Northumberland, William Earl of Salisbury, Thomas Lord Bruce, Charles Lord Cranborne, Denzell Holles, Sir Anthony Astly Cooper, Baronets, Sir Thomas Trenchard, Sir Walter Earle, Knights, Francis Holles, John Browne, Thomas Erle, Jo. Fittz James, Robert Coker, Jo. Bingham, Tho. Moore, Jo. Trenchard, Denis Bond, Henry Henly, Edward Hooper, Fran. Chettle, William Sydenham, Robert Butler, Gyles Greene, Rich. Bodrepp, Rich. Rose, Thomas Ceely, George Skutt Senior, and John Whiteway Esquires; shall be, and are hereby, appointed Commissioners for the Militia in the County of Dorsett, and the Town and County of Poole, for the better Securing and Safety of the Parliament and the said Counties; and shall have Power and Authority, and are hereby authorized, by themselves or any Six or more of them, within the said Counties, to put the same into a Posture of Defence, and to raise Forces, Horse and Foot, and them to arm, list, and exercise, and to form them into Regiments, Troops, and Companies, and them to muster, array, and weapon, from Time to Time, in Places convenient for that Purpose; and to appoint over them Colonels, Captains, and other Officers, from Time to Time, by (fn. 3) Commissions under their Hands and Seals, as often as there shall be Occasion in that Behalf; and shall have Power, and are hereby authorized, by themselves or by their Commanders and Officers, to lead, conduct, and employ, the said Persons, arrayed and weaponed, for the Suppression of all Invasions, Rebellions, and Insurrections, that shall or may happen within the said Counties, or either of them, according as the said Commissioners, or any Four of them, shall from Time to Time give Directions, or shall be otherwise directed from Time to Time by the Lords and Commons in Parliament assembled, or the Committee sitting at Derby House; any former Order, Declaration, or other Matter, to the contrary hereof, in any Wise notwithstanding: And for all and every their Doings herein, they the said Commissioners, and every the said Person and Persons, shall be saved harmless and indemnified, by the Authority of Parliament: Provided, That this Ordinance, and every Clause therein contained, shall continue for the Space of Six Months, and no longer."

Ordinance for removing Obstructions in the Sale of Bishops Lands.

"Whereas, by several Ordinances of Parliament, the Lands and Possessions of the late Archbishops and Bishops stand engaged for the Payment of Eight Hundred Thousand Pounds, which Premises are, by an Ordinance of Parliament, dated the 16th of November, 1646, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the appointing the Sale of Bishops Lands, for the Use of the Commonwealth;" and by another Ordinance of Parliament, dated the 13th of May, 1647, intituled, "An Ordinance of the Lords and Commons assembled in Parliament, for the securing all those that shall advance Two Hundred Thousand Pounds, for the Service of this Kingdom and of the Kingdom of Ireland;" which Premises, by the said Ordinances and others, are appointed to be sold, for the paying of the said Debts; videlicet, Four Hundred Thousand Pounds secured by the First of the said Ordinances, and Four Hundred Thousand Pounds secured by the Second of the said Ordinances: The Lords and Commons assembled in Parliament, being informed, before the First of April, 1648, that to the Value of Four Hundred and Sixty Thousand Pounds-worth of the said Premises were sold and contracted for, and that, notwithstanding the said Sale, the Commonwealth pays Interest for a great Part of the said First Four Hundred Thousand Pounds; and to the Intent that the Commonwealth may be with more Speed discharged of paying Interest for the said Sums, the First Lenders more speedily satisfied, and the Second Lenders put in a Way of receiving their Monies: The Lords and Commons do order, ordain, and declare, That such Monies as shall be paid in to the Treasurers of the said Premises by any Purchaser or Purchasers, and all such Monies as shall be raised and levied by reason of any Forfeiture for not prosecuting his or their Conveyance or Conveyances within the Time limited by the Ordinances of Parliament in that Case made, shall be issued out and paid, by the said Treasurers, for the satisfying of the First Lenders, or their Assigns, such Monies as was lent on the Credit of the First Ordinance; the same Rules to be observed in the issuing out of such Monies as are expressed in other Ordinances in that Case made: It is Ordained, by the Authority aforesaid, That where any Person or Persons, Body Politic or Corporate, have, before the First of April, 1648, contracted for any of the said Premises, such Person or Persons, Body Politic or Corporate, shall pay or satisfy his or their Engagement for the Purchase of the said Premises, either in Monies, or else by such Bills or Receipts as were given to the respective Lenders, his or their Assigns, by virtue of the said Ordinance of the 16th of November, 1646, or by any Assignment of such Bill or Receipt since the 16th of November, 1646: It is Ordained, by the Authority aforesaid, That the Proceed of all the said Lands contracted for before the First of April, 1648, shall be wholly appointed, made use of, and employed, for the paying and satisfying of the Residue of all such Persons who on the Credit of the First Ordinance advanced any Monies, until the said Lender, or his Assigns, be fully satisfied all such Sum or Sums of Monies as shall be due or owing unto him or them on the aforesaid Security: And it is further Ordained, by the Authority aforesaid, That all Contracts made, since the First of April last, or hereafter to be made, for any of the said Premises, the Purchaser or Purchasers shall and may satisfy, discharge, and pay, the First Moiety of his or their Purchase-money for the said Purchase, either in Monies, or by Bills or Receipts given to any Lender or Lenders, his or their Assigns, by virtue of the Ordinance of Parliament dated the 16th of November, 1646, or by Assignment of any of the said Bills, until the First Lenders be fully satisfied; and the Second Moiety by Monies, or out of the Bills or Receipts given to any Lender or Lenders, his or their Assigns, by virtue of the Ordinance of Parliament dated the Thirteenth of May, 1647, or by the Assignment of any of the said Bills or Receipts; and after the satisfying and paying of the First Lenders, the Second Lenders shall be satisfied and paid as is expressed in the Ordinances in that Case made; and that all Payments made according to the Intent of this Ordinance shall be good and effectual, to discharge the Person or Persons of his or their Engagement or Contract for the said Premises: And the said Treasurers are hereby authorized and enjoined to accept of the same as good and sufficient Payment; any Ordinance of Parliament to the contrary in any Wise notwithstanding."

Ordinance to confirm Riggs' Lease of Farnham, from the Bishop of Winchester.

"Whereas Margery Riggs Widow, and Thomas and Edmond Riggs, Sons and Administrators of Ralph Riggs, late of Winton, Gentleman, deceased, have exhibited their Petition to the Right Honourable the Lords and Commons in Parliament assembled; setting forth, "That the said Ralph Riggs, in the Year 1641, having an Estate for Two Lives in the Site of the Manor of Farnham, in the County of South'ton, which he held by Lease of Bishop of Winton, did, in or about October, 1641, agree with Walter then Bishop of Winton, to surrender the said Estate, and to take a new Lease for the Lives of Thomas and Ogle Riggs his Sons, and of Robert Riggs his Nephew, and about the same Time paid a valuable Consideration for the same; the Contents of which Petition being referred to Mr. Justice Bacon and Baron Atkins to examine and report, the Petitioners having produced their Evidences, and made it appear upon Oath, that the said Contract was made, and Money paid, in August, 1641: And whereas afterwards, on the 24th of March, 1641, the said late Bishop, by his Indenture of Lease, reciting the lawful Surrender of the said former Lease, granted a new Estate to the said Ralph Riggs, according to the forementioned Agreement; which said new Lease, not being executed till March, 1641, is made void by the Ordinance of October 9th, 1646: The said Lords and Commons in Parliament assembled, taking into their Consideration that the Contract was made, and Consideration paid for the said new Lease, before the First of December, 1641, which was the Time to which the said Ordinance looks back, though the said Contract were not executed till March following, do therefore ordain and declare, and be it hereby Ordained and Declared by the said Lords and Commons, That the said new Lease, made to the said Ralph Riggs, by the said late Bishop, on the Four and Twentieth of March, 1641, and all Estates derived from the same, shall be and remain as good and sure, to all Intents and Purposes, as if the said Ordinance of the 9th of October, 1646, had not been made; any Thing contained in the said Ordinance notwithstanding."

Adjourn.

House adjourned till 10^a cras.