House of Lords Journal Volume 10: 22 August 1648

DIE Martis, 22 die Augusti.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Answer from the H. C.

Mr. Page and Dr. Aylett return with this Answer from the House of Commons:

That as to the Ordinance concerning the Earl of Nottingham, and the Ordinance concerning Mr. Shadwell, they do agree to them. (Here enter them.)

Earl Nottingham's entered the Day before.

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

Message from thence, with an Ordinance.

A Message was brought from the House of Commons, by Sir John D'anvers; who brought up an Ordinance for settling the Militia in the County of Wilts.

The Answer returned was:

Answer.

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

Gunnel, Rand, and Scot, to have the Embargo taken off their Ships.

Upon reading the Petition of Edw. Gunnell, John Rande, and Rob't Scott; desiring, "Their Ships and Goods may be released from the Embargo now laid upon them:"

It is Ordered, That the Petition be shewed to the Lord Admiral, to whom it is recommended to give the Petitioners Relief, as his Lordship shall see may (fn. 1) be convenient for the Affairs of the Public.

Tyson and Bevins, D°.

Upon reading the Petition of Henry Tyson and John Bevins, Commanders of the Ship Samuell; and John Reade, Commander of the Ship; desiring, their Ships and Goods may be released from their present Restraint:"

It is Ordered, That the Lord Admiral see this Petition, to whom it is recommended to give the Petitioners Relief, as he shall see convenient for the Affairs of the Public.

Report about Morris, alias Pointz, & al.

Mr. Baron Atkins made Report concerning the Business referred to the Judges, or any Two of them, touching John Morris alias Pointz, Mary his Wife, Leonard Darby, John Harris, and Isabell Smyth.

And they conceive, "That the Commitment of the Petitioners being only until the Pleasure of this House be further signified, and not for the Fines set upon them, that they may be released from their Imprisonment, notwithstanding the former Warrant of Commitment, if their Lordships shall so think fit."

Ordered, That this Business shall be taken into Consideration some other Time; and then the Petition of the Clerk of the Parliaments shall be read, and considered of.

Pacy's Petition,

Upon reading the Petition of Stephen Pacy:

It is Ordered, That it shall be taken into Consideration To-morrow Morning.

Major Rolse's Indictment to be sent to the Hants Assizes.

Osborn & al. to attend them.

Ordered, by the Lords in Parliament assembled, That the King's Counsel, who have drawn an Indictment against Major Rolph by Order of this House, shall send the said Indictment to the next Assizes to be held for the County of South'ton; and that Mr. Osborne and Mr. Dowcett shall attend the Assizes, to give in their Evidence to the Grand Jury touching the said Indictment."

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Wm. Ashurst Esquire; who brought up these Particulars, wherein their Lordships Concurrence is desired:

1. An Ordinance for Ten Thousand Pounds to be paid, out of the Excise, for the Forces of the County of Lancashire. (Here enter it.)

Agreed to.

2. An Ordinance for paying to Sir Arthur Blundell, out of the Excise, Nine Hundred Forty Pounds, Three Shillings, One Penny Half-penny. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Particulars now brought up.

Ordinance for settling Church Government.

The Ordinance for Church Government, was read the First Time, and ordered to be read again and considered of To-morrow Morning, the First Business.

Monies due to the E. of Northumb.

The Lord Viscount Say & Seale reported from the Committee of the Revenue, a Certificate of what Monies are due to the Earl of Northumb. which he hath disbursed for the Use of the King's Children.

His Desires.

Next, the Desires of the Earl of Northumb. were read, as followeth. (Here enter it.)

And Ordered, To be communicated to the House of Commons, at a Conference, To-morrow Morning.

Message to the H. C. for a Conference about them; and for Atkins to be a Judge of the Common Pleas.

A Message was sent to the House of Commons, by Dr. Heath and Dr. Aylett:

To desire a Conference, To-morrow at Eleven of a Clock, in the Painted Chamber, concerning the King's Children.

2. To put them in Mind of the Ordinance for making Mr. Baron Atkins a Judge of the Common Pleas, in the Place of Mr. Justice Godbold, lately deceased.

Bigg and Young, in Error.

Upon hearing the Counsel of Bigg Defendant argue the Errors, in the Writ of Error depending in this House between him and Young Plaintiff; the said Young appearing neither by himself nor his Counsel, though he was served with the Order of this House, as appeared by Oath at this Bar; and upon Consideration by the House: It is Ordered, That the Judgement in this Case given in the Court of King's Bench is affirmed; and the Transcript of the Record to be remitted into the King's Bench, that so Execution may be taken out: And it is further Ordered, That the Plaintiff shall pay Five Marks Cost to the Defendant.

Fitchet and Mrs Kirk.

Ordered, That Mr. Fitchett shall shew Cause, by Friday next, (fn. 2) why he should not pay the Money to Mrs. Kirke, as she desires in her Petition to this House.

Ordinance for Shadwell to be Comptroller of the Customs of King's Lynn.

"Whereas Roger Bungey, late Comptroller of the Customs of King's Lynne, in the County of Norffolke, is deceased: The Lords and Commons assembled in Parliament do therefore this Day ordain and declare, That Thomas Shadwell Esquire shall from henceforth be Comptroller of the said Customs, and shall have, enjoy, and execute. that Place or Office, with the Appurtenances, as amply and beneficially as the said Roger Bungey, or any others, have formerly held the said Office (in Part of Recompence for the Loss of his Office in the late Court of Wards): And this Ordinance shall be a sufficient Warrant, as well to Oliver St. John Esquire, His Majesty's Solicitor General, to prepare a Bill, containing a Grant of the said Office to the said Thomas Shadwell, as also to the Commissioners for the Great Seal of England, to pass the said Office or Place, in Form usual, to the said Thomas Shadwell, accordingly."

E. of Northumberland desires Monies due to him, for Maintenance of the King's Children.

"Having already disbursed all my own Money to provide for the King's Children that are under my Care, and finding an Impossibility of being supplied from the Committee of the Revenue, by reason of the Decay of that Revenue, and the diverting unto other Uses Part of that Little which should come into the Exchequer; I am now forced in this Manner to importune the Houses, desiring that, by some particular Assignment I may receive what is due unto (fn. 3) me, which must not only satisfy what is by me owing for the King's Children, but give a present Subsistence to my own Family; and for the Time to come, that either the Payments may be made more certain, or else that I (who cannot longer provide for these Children) may be directed how to dispose of them, that so they may not want those Conveniences that are sitting for them.

Aug. 22. 1648.

"A. Northumberland."

Ordinance for 10,000 l. for Lancashire Forces.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Ten Thousand Pounds, for the Service of the Forces raised by the County of Lancaster, and in actual Service, be, and is hereby, charged upon the Receipts of the Grand Excise, in Course, next after the Sums already charged; and the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Ten Thousand Pounds, in Course, accordingly, unto Alexander Norrice, of Boulton, in the said County of Lancaster, Gentleman, for Purpose aforesaid: And be it further Ordained, That if any Person or Persons do or shall advance and lend the said Ten Thousand Pounds, or any Part thereof, by Way of Loan, and pay the same unto the said Alexander Norrice, for the Purpose aforesaid, then all and every the said Advancer or Advancers, their Executors, Administrators, and Assigns, respectively, shall be satisfied and paid the several Sums of Money by them advanced as aforesaid; and the Receipt or Receipts of the said Alexander Norrice, for the said Ten Thousand Pounds, and of the respective Advancer or Advancers, their respective Executors, Administrators, or Assigns, with the particular Assignment or Assignments under the Hand and Seal of the said Alexander Norrice, for the respective Sums by them advanced and lent, shall be a sufficient Warrant and Discharge to the said Commissioners of Excise for the Time being: And it is further Ordained, by the Authority aforesaid, That the Interest of the said Ten Thousand Pounds be paid out of the Estates of such Delinquents as shall (for that Purpose) be discovered, by any Lancash'r Gentlemen, unto the Committee of Lords and Commons for Advance of Money sitting at Habberdash'rs Hall: And the said Committee is hereby required and authorized to proceed upon such Discoveries, according to the Powers granted to them by both Houses of Parliament; and from Time to Time, out of such Discoveries, to pay unto the said Alexander Norrice (or such as shall be authorized by him under his Hand and Seal to receive the same) the Interest of the said Ten Thousand Pounds, after the Rate of Eight Pounds per Cent. per Annum, and for so much and so long Time as the same shall be unpaid, out of the Receipts of the Excise as aforesaid."

Ordinance for 940 l. 3s. 1½d. to Sir Arth. Blundell.

"Be it Ordained, by the Lords and Commons in Parliament assembled, That the Sum of Nine Hundred Forty Pounds, Three Shillings, and a Penny Halfpenny, in full Satisfaction of all such Debts as are due to Sir Arthur Blundell, for Goods, Plate, or Monies, by him brought in, and delivered to the Lord Castle Steward, for the Use of the Garrison of Fort Falkland, in Ireland, be, and hereby is, charged upon the Receipts of the Grand Excise, in Course; and the Commissioners of Excise for the Time being are hereby authorized and required to make Payment of the said Nine Hundred Forty Pounds, Three Shillings, and a Penny Half-penny, accordingly, for the Use aforesaid, unto Sir Adam Loftus Knight, Treasurer at War for Ireland, or to such other Person or Persons as he shall appoint and assign by Writing under his Hand and Seal, whose Receipt or Receipts shall be a sufficient Discharge in that Behalf: And be it further Ordained, by the said Lords and Commons, That if the said Sir Arthur Blundell shall make any Discovery of the Estates of any Delinquents not yet discovered, that then the said Nine Hundred Forty Pounds, Three Shillings, and a Penny Half-penny, with Interest for the same, after the Rate of Eight Pounds per Centum per Annum, from the First of June, 1643, or else the said Interest-money, shall be satisfied and paid, out of the said Discovery, to the said Sir Arthur Blundell, or his Assigns."

Owen to be instituted to Kenarth;

Ordered, That Doctor Aylett give Institution and Induction unto Nicholas Owen Batchelor of Arts, to the Vicarage of Kenarth, in Com. Carmarthen, void by Death; salvo Jure cujuscunque: James Lewis Esquire, Patron.

and Evans to Normanton.

Ordered, That Doctor Aylett give Institution and Induction unto William Evantts Clerk, Master of Arts, to the Rectory of Normanton, in Com. Lincolne, void by Death; salvo Jure cujuscunque: Earl of Northumberland, Patron.

Report from the Revenue Committee, concerning Money due to the E. of Northumb. for Maintenance of the King's Children.

"At the Committee of Lords and Commons for His Majesty's Revenue, sitting at Westm'r, the 15th Day of August, 1648.

"Upon Consideration had of the State of the Accompt of Monies due unto the Earl of Northumberland, made in Pursuance of an Order of the Commons House, both which are annexed: Ordered, That the said State of Accompt be reported unto both Houses; and we desire the Right Honourable the Lord Say & Seale to report the same unto the House of Peers accordingly.

"Decimo quinto Die Aug. A° 1648.

"A Certificate of all Monies this Day due unto the Right Honourable Algernoun Earl of Northumberland, upon the several Allowances under mentioned; videlicet,

"Tho. Fawconberge.
"Will. Collins, Aud.

"Die Sabbati, 12 Aug. 1648.

"Ordered; by the Commons assembled in Parliament, That it be referred to the Committee of the Revenue, to state the Accompts of the Earl of Northumberland, and to see what is due to him; and report the same to this House.

"H. Elsinge, Cler. Parl. D. Com."

Adjourn.

House adjourned till 10^a cras.