House of Lords Journal Volume 10: 9 August 1648

DIE Mercurii, 9 die Augusti.

PRAYERS, by Mr. Salwey.

Comes Manchester, Speaker.

Sir R. Crompton, a Pass.

Ordered, That Sir Rob't Crumpton shall have a Pass, for Four Nags, to be transported into France, Custom-free.

Letter from the Commissioners with the King.

A Letter from the Earl of Midd. was read.

(Here enter it.)

Ly. Killegrew, a Pass.

Ordered, That the Lady Killegrew, with Two Men and Two Maids, with their Trunks and (fn. 1) Necessaries (so as they carry nothing but what is lawfully exportable), shall have a Pass, to go into Holland.

Ordinance to regulate the Sequestration of Delinquents Estates.

The Ordinance for better regulating the Sequestration of Papists and Delinquents Estates, was read Twice.

And the House was adjourned into a Committee during Pleasure, to consider of it.

And the House being resumed; the said Ordinance was read the Third Time, and was passed, and ordered to be printed and published. (Here enter it.)

Marq. of Hertf. and E. of Winchelsea, a Pass.

Ordered, That the Marquis of Hertford and the Earl of Winchelsey, with their Company, shall have a Pass, to go into Kent, with their Coach and Horses; and Saddle-horses, without Interruption.

Order to prevent Waste on L. Pawlet's Estate.

A Petition of the Lord Powlett; shewing, "That the House of Commons have granted an Order for cutting down Two Thousand Oaks from his Lands, for the repairing of the Houses in Lyme, though he hath settled Land worth Four Thousand Pounds to the Use of that Town, and hath paid Fifteen Hundred Pounds to the Lady Drake:"

It is Ordered, That an Order be made, for staying the cutting down the said Oaks, and that no Waste be made upon the Land of the said Lord Powlett; and that the Concurrence of the House of Commons be desired herein; and that the House of Commons be desired to dispatch the Ordinance for his Lordship's Composition for his Delinquency.

Ordinance for Martial Law at Sea.

The House was adjourned during Pleasure into a Committee, to debate and consider of the Ordinance for Martial Law to be given to the Lord Admiral.

The House being resumed;

It is Ordered, That these Sea Laws be compared with former.

Sir R. Hansby's Sequestration taken off.

Upon Report from the Committee of Lords and Commons of Sequestrations, concerning the Case of Sir Ralph Hansby: (Here enter it.)

It is Ordered, That this House thinks it fit, that the Sequestration of Sir Ralph Hansbie's Estate be taken off; and the Concurrence of the House of Commons to be desired herein.

Committee to consider of the Differences in the Weavers Company.

Next, the Petition of the Lord Mayor, Aldermen, and Common Council, of the City of London, concerning the Weavers of London, was read again, and taken into Consideration.

The House being resumed;

It is Ordered, To be referred to these Lords following, to join with a Committee of the House of Commons, to hear all Parties concerned, and consider of the said Petition, and report the same to the Houses:

Any Three; to meet on Saturday next, in the Afternoon; and Mr. Baron Atkins and Mr. Serjeant Fynch to assist.

Message from the H. C. for a Conference about Halliburton and Rolse, and repealing Gen. Skippon's Ordinance;—and with an Ordinance to raise Horse in Worcester.

A Message was brought from the House of Commons, by Sir Peter Wentworth:

1. To desire a Conference, concerning Major Rolph and concerning Mr. Hallyburton, so soon as it may stand with their Lordships Conveniency.

2. They agree that, at the same Conference, their Lordships do deliver to them what they have concerning Major General Skippon.

3. An Ordinance concerning the County of Worcester to raise and maintain a Troop of Horse, for Security of that County.

Read Twice, and committed to the Consideration of these Lords following:

Any Three to meet; and report on Tuesday next.

The Answer returned was:

Answer.

That this House will give a Conference, on Friday Morning next, at Eleven a Clock, in the Painted Chamber, touching the Matters desired: To the rest, they will send an Answer by Messengers of their own.

Message to the H. C. for Committees to meet about the Weavers Disputes;—about Capt. Gualter's Business;—and about the Obstruction of Business between the Houses.

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

1. To deliver to them the Petition concerning the Weavers of London; and to let them know, that this House hath nominated a Committee of Nine Lords to consider of it, and to desire that they would nominate a Committee of their House of a proportionable Number, to join with the Lords.

2. To put them in Mind of Captain Gualter's Business.

3. To desire that, at the next Conference, their Lordships may communicate something concerning the great Obstruction of Business between both Houses.

Taylor, a Pass.

Ordered, That Mr. Taylor shall have a Pass, to go to Kendall, in the County of Westm'land.

Letter from the Commissioners with the King, that they have presented the Votes to Him.

"For the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore.

"My Lord,

"Having arrived at the Isle of Wight on Saturday last, we made it known to the Governor, who acquainted His Majesty with it; to whom on Monday Morning we presented the several Votes of both Houses, according to the Command of Parliament: His Majesty returning Answer, "That He had no Clerk for Dispatch; but that He would return an Answer with all Speed: This is all as yet I can inform your Lordships with. If any Thing of Concernment shall fall out, your Lordship shall not fail to receive it, from,

This present Monday, from the Isle of Wight, August the 7th, 1648.

"My Lord,

"Your Lordship's

"Most humble Servant,

"Middlesex."

Report concerning Hansby's Sequestration.

"At the Committee of Lords and Commons for Sequestrations.

"2 Aug. 1648.

"It is this Day Ordered, by this Committee, That the Case delivered in by Mr. Bradshaw, and agreed upon, touching Mr. Hansby, Son to Sir Ralph Hansby deceased, be reported to both Houses; and the Earl of Manchester is desired to report the same to the House of Peers, and Mr. Serjeant Wild, Mr. Ellis, Mr. Pelham, or any other of the Commons who are Members of this Committee, to report the same to the House of Commons.

"Intr. R. Vaughan.

"Ex."

"John Wylde.

"Sir Ralph Hansby, seised in Fee of divers Lands in Midd. and Yorkshire, and of One Hundred Pounds per Annum in Nottinghamshire, 2 Nov. 1643, died so seised; Ralph his Son and Heir then and yet within Age.

"17 May, 1645, an Office is found in Midd. of all the Premises.

"13 July, 21 Car. for a Fine and Rent, the Master and Council of the Court of Wards did demise and grant the Wardship of the Body and Lands of the Infant to Colonel Lionell Coply.

"After the Death of Sir Ralph, there was a Sequestration in Midd'x, in January and February 1643, laid upon his late Lands there, for his Delinquency; and a like Sequestration of his Yorkshire Lands, in August, 1644, no Sequestration being laid upon his Lands in his Life-time.

"Colonel Copley, in Behalf (fn. 2) of the Infant, petitions the Committee of Lords and Commons for Sequestrations, for the Discharge of the said Sequestration, in respect of his said Composition for the Wardship, and for that the Sequestration was not laid upon the Estate of the said Sir Ralph in his Life-time.

"Which is the true State of the Case, ordered by the Committee of Lords and Commons for Sequestrations to be reported to both Houses; and the Rents and Profits of all the Estate to be continued in the Tenants Hands until the Pleasure of both Houses be known herein.

"Order dated 8 Sept. 1647.

"Intr."

Jo. Wilde.

(fn. 3) "Die Mercurii, 9 August. 1648.

Ordinance for better regulating the Sequestration of Papists and Delinquents Estates.

"An Ordinance of the Lords and Commons assembled in Parliament, for the better regulating and ordering the Sequestration of the Estates of Papists and Delinquents, and for reforming and preventing of Abuses in the managing of the same.

"The Lords and Commons in Parliament assembled, for the better regulating and ordering the Sequestration of the Estates of Papists and Delinquents, and for reforming and preventing Abuses in the managing of the same, do order and ordain, and be it Ordered and Ordained, videlicet,

"1. That the Solicitors of every County and City, where any such are appointed by Authority of Parliament, and (where there is no such Solicitors) the Sequestrators or Collectors appointed by the respective Committees of the several Counties, shall send up to the Treasurers for Sequestrations, at Guildhall, London, a true and perfect Inventory (to the best of his or their Knowledge) of all the Personal Estates by them sequestered, from their First Undertaking therewith, as the same hath been by them or any other Person or Persons (by their Appointment) sequestered, appraised, or sold; as also an exact and true Particular (to the best of his or their Knowledge) of all the Annual Rents, Profits, Fines, and Casualties, arising or issuing of all Houses and Lands sequestered, within the several Counties, Cities, Corporations, and Places, wherewith or wherein they have been intrusted; and shall also send up (as aforesaid) a Particular (to the best of his or their Knowledge) of all Estates, Real and Personal, which hath been discharged and freed from Sequestration, and to certify upon what Grounds and Warrants the same hath been done; and likewise they are to send up to the said Treasurers an exact and perfect Accompt (to the best of his or their Knowledge) of all the several Payments and Disbursements by them respectively made, of all or any the Proceed of all the Real and Personal Estates of all Delinquents and Papists sequestered, within the several respective Places where they have been or are severally employed or intrusted; that so the said Treasurers may pass all to Accompt that they find to have been duly paid, according as is or shall be appointed by both Houses of Parliament, that hath been issued forth for the Service of the Parliament: All which Particulars shall be sent up and performed, as aforesaid, within Three Months next after Notice of this Ordinance, by the particular Persons abovementioned respectively, upon Pain of forfeiting the Sum of Twenty Pounds, and so Twenty Pounds for every Month it shall be delayed after the said Three Months, without reasonable Cause shewed, to be allowed of by the Committee for Indemnity.

"2. That no Delinquents or Papists Estate Real or Personal sequestered, nor any Part thereof, shall be taken from or out of the Hands or Managing of the Committee by whose Order, Direction, or Officers, the same hath been sequestered, by any other Committee, Person or Persons whatsoever, upon any Pretence whatsoever; but the same Estate (being Personal) shall be appraised and sold, by the Direction of the Committee which caused the same to be sequestered, for the best Advantage of the State; and the Real Estates, Houses, and Lands (in like Manner as aforesaid) to be let out by the said Committee, or by their Direction; and the Money arising thereout shall be collected and received as aforesaid, and be accordingly paid in unto the said Treasurers at Guildhall, in Manner and Form following, unless it be heretofore otherwise provided for by Order or Ordinance of Parliament, or hath been issued forth for the Service of the Parliament, to be made appear by the Oath of the Accomptant; (that is to say,) That all Person or Persons residing within the City of London, and Lines of Communication, that have received any Sequestration-money (by virtue of any Ordinance or Order of both or either Houses of Parliament) shall, upon Oath, give a true Accompt thereof, and pay such Sums of Money as shall be due and remain in their Hands (without sufficient Authority) to the Treasurers at Guildhall, London, within Six Days after Notice hereof; and all others within Forty Miles of London pay the Monies they receive within Twenty Days after Notice hereof; and such Person and Persons as do or shall reside or dwell within Fifty Miles of London shall, within Forty Days next after Notice hereof, pay the same in to the Treasurers aforesaid, upon Pain of forfeiting Two Shillings and Six Pence in the Pound for every Week he or they shall detain the same after the respective Times herein limited (without reasonable Cause shewed, to be allowed of by the Committee for Indemnity); and all other Counties and Places above Fifty Miles from London shall (after Notice hereof) bring in their Monies and Accompts within Three Months, upon the same Penalty: Provided, That all such Committees of Sequestrations, Sub-committees, or any other Person or Persons by Order or Ordinance of Parliament (authorized thereunto), their Agents, Treasurers, or Collectors, that have formerly given in their Accompts upon Oath to the Committee or Sub-committee of Accompts, shall not be brought to Accompt, for any Monies or Goods they have formerly accounted for; and the said Treasurers for Sequestrations at Guildhall are hereby authorized, for the Space of Twelve Months next after the Date of this Ordinance, to employ such Person and Persons as they shall think fit, for the further and better performing and expediting the Affairs of Sequestrations, the Persons so to be employed not exceeding the Number of Twenty Persons, and to reward all and every such Person and Persons (so to be employed as aforesaid) with reasonable Salaties, not exceeding Two Pence per Pound of the Money so by them raised.

"3. That all Person and Persons whatsoever, that have remaining in their Hands (without sufficient Authority) any Sequestration-money, and shall not pay in the same to the Treasurers aforesaid within One Month next after Notice of this Ordinance, shall forfeit as much more Money as the same (so remaining in their Hands) doth amount unto as aforesaid, unless he or they can make it appear, by the Oath of the Accomptant or otherwise, that the said Money was disbursed for the Service of the Parliament; and the same, together with the Sequestration-money, to be levied by Distress and Sale of the Parties Goods so offending, by the Collectors or Agents of such Committee for Sequestration as shall be next the Place or Places where such Goods shall be found.

"4. That the Commanders, Officers, and Soldiers, and every of them, that have got (or shall hereafter get), by Violence or any other indirect Way, into their Hands, any Sequestration-money, or any other Sums of Money, upon any false Pretence of Pay due to them, or otherwise, shall, within One Month after Proof thereof, by Two sufficient Witnesses upon Oath, before the respective Committees, pay in to the said Treasurers all such Money so by them received; or, in Default thereof, the Party or Parties so offending to be cashiered, and also forfeit all the Pay due to him for his Service, and to be further proceeded against as both Houses of Parliament shall think fit.

"5. And forasmuch as the Courts Leets and Courts Barons, in divers Manors belonging to divers Delinquents or Papists (whose Estates have been and continue sequestered), hath not been kept in divers of the said Manors at any Time (or but seldom) since the same became sequestered: It is therefore Ordained, That the Committee for Sequestrations in such respective Counties shall (and are hereby required to) nominate, appoint, and authorize, such honest, able, and fit Person or Persons, in such County as shall be in their Judgement most expedient, to hold and keep all and every such Court and Courts, according to the several and respective Customs and Usages of such several and respective Manors; and that all and every the Act and Acts done, and to be done, by every such Person and Persons, or his or their sufficient Deputy or Deputies, in Pursuance of this present Ordinance (being also done with the Direction and Consent of the respective Committees), shall be valid and effectual, to all Intents and Purposes, as if the same had been done by the Lord or Lords of such Manor or Manors, or by his or their Steward or Stewards, thereunto by such Lord or Lords authorized.

"6. And what Services the said Treasurers shall perform in Pursuance of this Ordinance, concerning the Premises, shall be understood to be (as it is) very acceptable to the State, and shall not pass without due Regard had thereof and them: And it is hereby further Ordained, That the said Treasurers, their Heirs, Executors, and Administrators, and every of them, and all and every other Person and Persons, their Heirs, Executors, and Administrators, that have heretofore acted or done any Thing in or about any of the Affairs of Sequestrations, by virtue of any former Order or Orders, Ordinance or Ordinances of Parliament, or that shall hereafter act or do any Thing in or concerning any the Premises, according to this present Ordinance, or any other Order or Orders, Ordinance or Ordinances of Parliament, they and every of them shall be protected and saved harmless therein and therefor, and of and from all and all Manner of Interruption, Trouble, Molestation, Disturbance, Loss, and Damage whatsoever, which shall or may befall them, or any of them, for, by reason of, or concerning, any the Premises so acted or done, or to be acted or done, as aforesaid: And in case the said Treasurers, or the Persons employed by them in and about the Affairs of Sequestration, or the other Persons aforesaid, or any of them, their or any of their Heirs, Executors, Administrators, or Assigns, shall, at any Time or Times hereafter, be sued, indicted, prosecuted, or molested, for any such Act or Thing as is aforesaid, it is hereby Declared and Ordained, That, in every Action, Suit, Indictment, Information, or Prosecution whatsoever, wherein or whereby they shall be so sued, indicted, prosecuted, or molested, it shall be lawful to and for them, or any of them, their Heirs, Executors, Administrators, and Assigns, to plead the general Issue; and shall and may give in Evidence to the Jury that shall try the same, (fn. 4) that the Matter in Question was an Act or Thing acted or done, or commanded to be acted or done, by Authority of this present Parliament; which Evidence, being proved, shall be admitted and allowed, by the respective Judge or Judges, Justice or Justices, and Jury, before whom it shall be tried, as sufficient to maintain the general Issue; and if the Verdict shall pass with the Defendant or Defendants, in any Action, Bill, Plaint, Suit, as is aforesaid, or the Plaintiff or Plaintiffs shall be non-suited therein, or suffer any Discontinuance thereof, the respective Judge or Justices shall award unto the Defendant or Defendants Treble Costs, for which the said Defendant or Defendants shall have the like Remedy as in the like Cases they ought to have by the Laws of the Realm: And what any Judges, Justices, Sheriffs, Mayors, Bailiffs, Jurors, Officers, and Ministers of Justice shall do, according to this Ordinance, or in Pursuance thereof, they shall be Justified and saved harmless, by Authority of Parliament, for and concerning the same.

"Provided, That nothing in this Ordinance contained shall extend to the nulling or making void of any Order or Ordinance of One or either Houses of Parliament, whereby any Sequestration, or any Part thereof, is or hath been disposed of; and that no Clause in this Ordinance shall extend to the Trouble or Molestation of any Person or Persons, for any Thing done, or to be done, for the Service of the Parliament.

"Joh. Brown, Cler. Parliamentorum.

"Die Mercurii, 9 August. 1648.

"Ordered, by the Lords assembled in Parliament, That this Ordinance be forthwith printed and pubblished.

"Joh. Brown, Cler. Parliamentorum."

Adjourn.

House adjourned till 10^a, Friday Morning next.