House of Lords Journal Volume 10: 21 September 1648

DIE Jovis, 21 die Septembris.

PRAYERS, by Mr. Ash.

Domini præsentes fuerunt:

Manchester, Speaker.

Jermin, a Pass.

Ordered, That Mr. Thomas Jermyn shall have a Pass, to come out of Holland, into England.

Answer from the H. C.

Doctor Bennett and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons:

That they have taken every Particular into Consideration, and will send an Answer by Messengers of their own.

Message from thence, with an Ordinance.

A Message was brought from the House of Commons, by Colonel Harvey, &c.; who brought up an Ordinance for the clearing of a former Ordinance, for conveying Lands to the Contractors of the Sale of Bishops Lands, for their Salary; wherein their Lordships Concurrence is desired. (Here enter it.)

Read Twice, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Ordinance now brought up.

Moores Pet.

A Petition of Charles and John Moore, was read; and ordered to be sent to the House of Commons, with Recommendations.

Irish Widows Pet.

Upon reading the Petition of divers poor Widows of Ireland:

It is Ordered, To be sent to the House of Commons, with Recommendations.

Message to the H. C. with these Petitions; and about the Short Catechism.

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

1. To deliver to them the Petition of Charles and John Moore, with Recommendations.

2. To deliver to them the Petition of divers Poor Widows of Ireland, with Recommendations.

3. To put them in Mind of the Order for printing the Short Catechism, with the Title.

Message from thence, with an Ordinance and Orders.

A Message was brought from the House of Commons, by Sir Rob't Harley Knight; who brought up divers Particulars, wherein their Lordships Concurrence is desired:

1. An Order for securing Ten Thousand Pounds, lent for defraying the Charges of the Treaty.

(Here enter it.)

Read, and Agreed to.

2. Ordinance for maintaining the Militia of the County of Hereford. (Here enter it.)

Read, and Agreed to.

3. Order for Payment of Interest for Monies lent to buy Arms. (Here enter it.)

Read, and Agreed to.

4. Order for Mr. Blackwell to be discharged from the Penalty, for not proceeding in his Purchase of the Manor of Lambeth Wyke, alias Wy-court.

Read Once, and respited.

5. Order to pay Two Hundred Pounds to Lieutenant Colonel Allen, upon Accompt. (Here enter it.)

Agreed to.

6. Order for Payment of Seven Hundred Pounds to Captain Wilkinson, out of the Sequestrations of Yorkeshire. (Here enter it.)

Read, and Agreed to.

7. Order for taking off the Sequestration of the Estate of Walter Grosevenor Esquire. (Here enter it.)

Read, and Agreed to.

The Answer returned was:

Answer.

That concerning the Order touching Mr. Blackwell, their Lordships will take it into Consideration, and send an Answer by Messengers of their own: To all the rest, their Lordships do agree.

Mrs. Vanenden and Sir W. Cobb.

Ordered, That the Complaint of Mrs. Vannenden, against Sir Wm. Cobb, shall be heard, by Counsel, on both Sides, on Tuesday next.

Message from the H. C. with a Letter to the King; and about Major Rolfe's Order.

A Message was brought from the House of Commons, by the Lord Carr; who brought up a Letter to be sent to the King, in Answer to His Majesty's last Letter, with Votes to be inclosed, wherein they desire their Lordships Concurrence, and that the said Letter may be signed by the Speakers of both Houses.

(Here enter them.)

Agreed to.

2. To put them in Mind of the Order for paying One Hundred and Fifty Pounds to Major Rolph.

Read, and not Agreed to.

The Answer returned was:

Answer;

That their Lordships agree to the Votes and the Letter to be sent to the King, and have ordered the said Letter to be signed by both the Speakers; to the Order for Major Rolph, their Lordships have taken the same into Consideration, and will send an Answer by Messengers of their own.

Sewell to be Customer at Carlisle.

Upon reading the Petition of Thomas Sewell:

It is Ordered, That the Commissioners of the Great Seal of England do pass a Grant to him, to have the Customer's Place of the Port of Carlile, in Pursuance of an Order of the Committee for the Navy; and the Concurrence of the House of Commons to be desired herein.

Scott & Uxor.

Upon reading the Petition of Katherine Scott, the Wife of Edward Scott Esquire:

It is Ordered, That the said Edward Scott shall see this Petition, and return his Answer to the same within Ten Days after Notice.

Well Hospital to be freed from Assessments.

Upon reading the Petition of the Master and Brethren of the Hospital of Well, in the County of Yorke; desiring, "the said Hospital may be freed and acquitted from all Taxes and Assessments:"

It is Ordered, The said Hospital be freed accordingly; and the Concurrence of the House of Commons to be desired herein.

Message from the H. C. with an Order.

A Message was brought from the House of Commons, by Sam. Vassall Esquire; who brought up an Order for disposing of the Ten Thousand Pounds borrowed of the City of London, for the Use of the Treaty, wherein they desire their Lordships Concurrence.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought up.

Dowcett's Pet.

Upon reading the Petition of Abr'am Dowcett:

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

Ordinance to borrow of the City 10,000 l. for defraying the Charges of the Treaty, and for securing the Repayment of it.

"The Lords and Commons assembled in Parliament, being desirous to borrow of the City of London the Sum of Ten Thousand Pounds, to be employed for defraying the Charges in the Treaty, do hereby ordain and declare, That all and every Person and Persons that shall advance the same, or any Sum or Sums of Money towards the raising thereof, shall be repaid so much as he or they shall lend, out of the Grand Excise, in Course, out of the Moiety of all Compositions made, or to be made, with Delinquents at Gouldsmiths Hall, or either of them, which shall (fn. 1) first in Course; that is to say, out of that Moiety not engaged to the City of London for the Four Hundred Thousand Pounds by them formerly lent (the Engagements already thereupon being first discharged), together with the Interest to be due thereupon, after the Rate of Eight Pounds per Centum per Annum, from the several Times of the Lenders paying thereof; which said Interest shall be paid, by the Commissioners of the said Grand Excise, to the several and respective Lenders, their Executors, Administrators, or Assigns, every Six Months, until the Principal be fully discharged, whose Receipts shall be a sufficient Discharge to the said Commissioners of the Excise, and Treasurers of the said Compositions, for the several Sums of Money by them paid by virtue of this Ordinance, for Principal or Interest as aforesaid: And be it further Ordained and Declared, by the said Lords and Commons, That the said Commissioners of the Excise for the Time being, and the Treasurers for the Compositions of Delinquents Estates as aforesaid for the Time being, shall and are hereby severally and respectively required and authorized to pay the said Principal and Interest to the said Lenders, their Executors, Administrators, or Assigns, in Manner and Form aforesaid; and the said Lords and Commons do hereby constitute and appoint Gilbert Harrison, Chamberlain of the City of London, to be Treasurer for receiving of the said Ten Thousand Pounds, or so much thereof as shall be brought unto him, and he to give Receipts to such Person and Persons as shall advance the same, the which Receipt or Receipts shall be a sufficient Warrant to such Person and Persons to whom the same are or shall be given, their Executors, Administrators, or Assigns to require and receive the Money, so by them lent as aforesaid; and that the said Chamberlain, hereby appointed Treasurer, shall pay and issue forth the Monies so by him received unto such Person and Persons as by Ordinance of both Houses of Parliament shall be directed or appointed to receive the same, and that their Receipt shall be a sufficient Discharge to the said Chamberlain for the Payment thereof."

Ordinance to explain the one for conveying Bishops Lands to the Contractors, in Lieu of their Salaries.

"An Ordinance of the Lords and Commons assembled in Parliament, for the better clearing of one other Ordinance of the said Lords and Commons, of the 14th of April, 1648, enabling the Contractors named in the Ordinance of the 16th of November, 1646, for Sale of the Lands and Possessions of the late Archbishops and Bishops, to purchase and have Lands conveyed to them, in Lieu of and towards their Salaries expressed and allowed in several Ordinances of Parliament.

"Whereas some Doubts have been made, concerning several Clauses in the Ordinance of the 14th of April, 1648, abovementioned: For the better clearing whereof, be it Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That Henry Elsinge, now Register of and concerning the Lands and Possessions of the late Archbishops and Bishops, and all and every other Register for the Time being, from Time to Time, upon Request made by the Contractors aforesaid, or of any of them, their and every of their Heirs, unto the said Henry Elsinge, or other Register for the Time being, shall cast up what Sum or Sums of Money are or hereafter shall grow due unto the said Contractors, their or any of their Heirs, or any of them, making such Request as aforesaid, and shall likewise, upon the like Request or Requests as aforesaid, from Time to Time, make One or more Certificate or Certificates to the Trustees for Sale of the said late Archbishops and Bishops Lands, Tenements, and Hereditaments, of what and how much is due unto every Contractor for his Salary; whereupon the said Trustees, or any Five or more of them, upon the like Request of the Contractors, or any of them, or any of their Heirs, made unto them, or any Five of them, shall, from Time to Time, convey, settle, and assure, by good and sufficient Conveyances and Assurances, out of such of the said late Archbishops and Bishops Manors, Lands, Tenements, Hereditaments, as are yet unsold, unto the said Contractors, and every of them, their and every of their Heirs, or to such other Person or Persons as they or any One or more of them under their Hands and Seals shall nominate, and to their Heirs and Assigns, such Parcel and Parcels thereof as the said Contractors, or any of them, or their or any of their Heirs shall require, not exceeding the Value of Fourscore Pounds per Annum in Possession or Reversion, proportionably to each Contractor, and each of their Heirs and Assigns respectively, not under the Rates in the Ordinances of the 17th of March, 1647, and the 14th of April, 1648, set forth and expressed, 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: And if it happen that the said Manors, or Parcel and Parcels of Land aforesaid, cast up after the Rates beforementioned, shall amount unto more than shall be then due unto the said Contractors or their Heirs respectively for their Salaries, that then the said Trustees, or any Five or more of them, shall and are hereby required to take Security, by a Demise or Demises, or Lease or Leases, of such proportionable Part of the Manors, Lands, Tenements, and Hereditaments, conveyed as aforesaid, as by the said Register, or other Registers for the Time being, shall be set forth and certified unto them to be competent for that Purpose, to secure the Payment of the Overplus Money that shall be due for the said Lands, over and above what shall be due unto the said Contractors, and every of them, for his Salary; which Overplus Money, if any, the said Contractors, or any of them, their and every of their Heirs and Assigns, shall and have hereby Liberty, for the Space of Three Years after every such Conveyance and Conveyances, made and to be made as aforesaid, to pay or cause to be paid to the Treasurer or Treasurers for the said Bishops Lands, in Part or in all, either by Allowance or Defalcation to be made to such Contractor or Contractors, his and their Heirs and Assigns, of such Salary as shall appear by One or more Certificates from the Register for the Time being, to the said Treasurer or Treasurers, to be due to such Contractor or Contractors, for their further Service in the Sale of the said Bishops Lands, or by Defalcation upon Bills or Receipts for Money lent upon the Security of the said Lands, or in Ready Money; such Demise or Demises, Lease or Leases, to be made for Security as aforesaid, shall not exceed the Number of Fourscore and Nineteen Years from the making thereof, and shall commence Three Years after the Sealing and Delivery of the same; in which Demise or Lease, Care shall be taken, that if any, some, or all, of the said Contractors should die, or be discharged from being a Contractor or Contractors within the said last Three Years, that then such Overplus Monies aforesaid, as shall be from him or them, or his or their Heirs and Assigns, respectively due, shall, within Six Months within such dying or being discharged, be duly and truly satisfied and paid unto the Treasurer or Treasurers as aforesaid: And because it may fall out that the said Fourscore Pounds per Annum may be Parcel of the Manor and Manors, and that the Manors and the Royalties, Services, and Lease Lands thereof, remaining then unsold, are, by the said Ordinance of the 14th of April, 1648, to be granted together, and not severed, the whole Value of such Manors, Royalties, Services, Demesne Lease Lands, in Possession and Reversion, may exceed the Value of Fourscore Pounds per Annum as aforesaid; it is therefore hereby further Ordained and Declared, That the said Contractor and Contractors, and every other Person or Persons to be nominated by them as aforesaid, their Heirs and Assigns, shall, in Desalcation, in Bills or Receipts, or in Monies as aforesaid, pay and satisfy to the Treasurers the One Moiety of the Purchase-money of the said Lands, exceeding the said Fourscore Pounds per Annum, upon Sealing of the Assurance, and shall secure the Second Moiety of the Purchase-money, exceeding the said Value of Fourscore Pounds per Annum, to be paid or defaulked at the End of Six Months from the Sealing, in like Manner as is done by other Purchasers: Nevertheless, the Fourscore Pounds per Annum as aforesaid, and allowed to be conveyed to each respective Contractor, or other Person or Persons to be nominated as aforesaid, their Heirs and Assigns, for and towards his and their Satisfaction of their respective Salaries, is to be defaulked or paid for, and secured in such Manner as before is herein and hereby appointed, and not otherwise: And be it lastly Ordained and Declared, by the Authority aforesaid, That the said Contractors, and every of them, and their several Heirs, and all Person and Persons to be nominated as aforesaid by them or any of them, their Heirs and Assigns respectively, shall have like Benefit, Advantages, and Allowances, for Reprises or Lands conveyed to them, and afterwards recovered from them, and of all Ordinances made, or to be made, for the Sale of the said Lands and Possessions, as any other Purchasers of any the Lands and Possessions of the said late Archbishops and Bishops, their Heirs and Assigns, have or may or ought to have; and that all Conveyance and Conveyances by virtue hereof, or of the said former Ordinance of the 14th of April, 1648, to be passed, shall be good, valid, and effectual, and shall be made and passed in as ample and beneficial a Manner, to all Intents and Purposes, as any Conveyance or Conveyances to any other Purchaser or Purchasers have at any Time been, by the said Trustees, or any Five or more of them, made and allowed of; any former or other Ordinance or Ordinances concerning the said Lands and Possessions, or any Clause, Article, Matter, or Thing, in them or any of them contained, notwithstanding."

Letter to the King, with the following Votes.

"May it please Your Majesty,

"We are commanded, by Your Majesty's loyal Subjects the Lords and Commons in Parliament assembled, to present unto Your Majesty these Resolutions inclosed; which are the Results of the said Lords and Commons upon Your Majesty's Letter of 15th September Instant.

Sept. 21th, 1648.

"Your Majesty's

"Most loyal and most humble Subjects and Servants."

Votes concerning His Desire for a Pass for Persons from Scotland,

"Resolved, by the Lords and Commons assembled in Parliament,

"That no safe Conduct be granted unto the Lord Carnegy, to come out of Scotland to the King, and to return again into Scotland; he being a Person under Restraint in this Kingdom.

"Resolved, by the Lords and Commons assembled in Parliament,

"That Sir James Carmichill shall have a safe Conduct, to come out of Scotland to the King, and to return.

"Resolved, by the Lords and Commons assembled in Parliament,

"That no safe Conduct be granted unto Sir Alexander Gibson, to come out of Scotland to the King, and to return again into Scotland; he being in actual Arms against the Parliament of this Kingdom."

Order for Money for Arms and Ammunition.

"Whereas, by Ordinance of both Houses of Parliament, of 28th of May, 1647, the Sum of One Hundred and Fifty Thousand Pounds was charged upon the Receipts of the Grand Excise, in Course, for Payment of the Army under the Command of Thomas Lord Fairefax, which Sum, by Order of both Houses of Parliament, of the 30 October last, is appointed to be paid to the Treasurers at Wars, for Payment of the Army; and whereas, by Order of Parliament of 1 of February last, the Sum of Seventy Thousand Pounds, Part of the said Sum of One Hundred and Fifty Thousand Pounds, is appointed to be paid unto Sir Henry Vane Knight, for the Service of the Navy; and fithence also several other Parcels of the said Sum of One Hundred and Fifty Thousand Pounds have been disposed of, by Order of Parliament, for disbanding of supernumerary Forces in the Kingdom, and otherwise for the Service of the Army; and, by Ordinance of both Houses of Parliament, of 16 Junii, 1648, it is Ordained, That the Committee of Lords and Commons for the Army, or any Five of them, shall and may, and are hereby authorized from Time to Time, to assign and dispose of the Remainder of the said One Hundred and Fifty Thousand Pounds, for the buying of Arms and Ammunition, and for Payment of the Army, as they shall direct and appoint: And forsomuch as there is present Occasion for Arms and Ammunition for the Service of the Army, which cannot be provided for upon the Securities aforesaid, unless the Persons who shall be contracted withal for the same may receive Interest every Six Months for such Monies as shall be payable to them upon the said Contracts: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That the Commissioners of the Excise and new Impost for the Time being shall, out of the Receipts of the said Excise, pay unto such Person and Persons, their Executors or Assigns, who shall, in Pursuance thereof and of the said recited Ordinances, contract with the said Committee of Lords and Commons for the Army, for Arms, Ammunition, and other Provision or Necessaries for War, all such Interest, after the Rate of Eight Pounds per Centum per Annum, for the Sum and Sums of Money as shall be due and payable to them upon or by virtue of the said Contracts, to be paid every Six Months, until the Relmbursement of the Principal Sum charged upon the Remainder of the said One Hundred and Fifty Thousand Pounds as aforesaid; and the Receipt or Receipts of the Person or Persons, their Executors, or Assigns, who shall be appointed to receive the Principal or Interest-money as aforesaid, shall be a sufficient Discharge to the said Commissioners of the Excise, and every of them, for the same respectively; all and every which said Sum and Sums of Money, payable by Way of Interest as aforesaid, shall be defaulked and deducted, by the said Commissioners, out of the Remainder of the said One Hundred and Fifty Thousand Pounds, which shall be left undisposed of by the said Committee: And the said Committee of Lords and Commons for the Army is hereby appointed to leave a convenient Sum undisposed of, for the Payment and Reimbursement of such Interest accordingly."

Ordinance to settle the Militia of Hereford.

"The Lords and Commons in Parliament assembled, taking into their serious Consideration the great and many Dangers to which the County and City of Hereford hath been and still is subject, by reason of the late Insurrection of many Papists, and other Enemies to the Peace of the Kingdom, do order and ordain, That the Commissioners for the Militia in the said County, appointed by Ordinance of Parliament of the 23 May, 1648, or any Five or more of them, shall have, and hereby have, full Power and Authority, to rate, tax, levy, and collect, upon the said County of Hereford, the Sum of One Hundred Pounds per Week, to begin from the First Day of this Instant September, and so to be Weekly paid, for the Space of Six Months from henceforth next ensuing, unless the said Lords and Commons shall make any other Order concerning the same, to be rated, taxed, levied, and collected, in such Sort, Manner, and Form, as is prescribed in the former Ordinances for the Weekly Assessments, to be employed for and towards the Maintenance of One Troop of One Hundred Horse, under the Command of Major Rob't Harley; and Four Companies of Foot to be employed, from Time to Time, within the said County and City, for the suppressing of Tumults, and preserving the Peace thereof: And be it further Ordained and Declared, That all the Sums of Money assessed and raised by virtue of this Ordinance shall be wholly employed for the Maintenance of the said Troop of Horse and Four Companies of Foot, by Warrant and Order in Writing to be had and made, from the said Commissioners, under Five or more of their Hands; which said Commissioners are to issue forth no Order or Warrant but for the Use and Intent aforesaid, other than in Allowances of necessary Fees and Charges to the Treasurer, Collectors, and other Persons employed in the collecting, raising, and paying, of the said Monies; which said Treasurers, Collectors, and other Persons, are to have no greater Fees or Allowances than is allowed to the Treasurers, Collectors, and other Persons, appointed for the raising and collecting the several Sums of Money raised by Ordinances of Parliament for Payment of the Army under the Command of the Lord Fairefax."

Order to authorize Persons to receive 10,000 l. lent by the City for the Treaty.

"In Pursuance of an Ordinance of Parliament, for the Loan of Ten Thousand Pounds, by the City of London, to defray the Charge of the Treaty, whereof Two Thousand Pounds is already paid: It is Ordered and Ordained, by the Lords and Commons assembled in Parliament, That Thomas Falconberge Esquire be hereby authorized and appointed to receive the remaining Part of the said Ten Thousand Pounds Weekly, of Gilbert Harrison Esquire, Chamberlain of the said City, and Treasurer for the said Ten Thousand Pounds, till the Whole be paid, and to give Receipts for the same; whose several and respective Receipts for the said several Sums of Eight Thousand Pounds, by Two Thousand Pounds a Week to be received, and the Receipt of Francis Cressett for the First Two Thousand Pounds already received, shall be a good Discharge to the said Gilbert Harrison, and a sufficient Warrant to the Commissioners of the Excise and Treasurers at Gouldsmiths Hall, or either of them respectively, for issuing forth and Re-payment of the said Sum of Ten Thousand Pounds, when it shall become due and payable according to the said Ordinance, bearing Date with this present Ordinance."

Order for 700 l. to Captain Wilkinson.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Seven Hundred Pounds be paid unto Captain Wilkinson, out of the Sequestrations of Yorkesheir, in Satisfaction of his Losses, and Charge of raising Horse and Foot for the Service of the Parliament; and the several Committees and Treasurers for Sequestrations in the said County are to take Notice hereof, and to make Payment of the said Sum of Seven Hundred Pounds unto the said Captain Wilkinson, or his Assigns, accordingly; and the Acquittance or Acquittances of the said Captain Wilkinson, or his Assigns, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the said Committees and Treasurers for Sequestration, and so such other Person or Persons as shall pay the same."

Order for 200 l. to Lt. Col. Allen.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Two Hundred Pounds be paid unto Lieutenant Colonel Edward Allen, or his Assigns, upon his Accompt, and be charged upon Habberdash'rs Hall, in Course; and that the Acquittance or Acquittances of the said Lieutenant Colonel Edw'd Allen, or his Assignee, testifying the Receipt thereof, shall be a sufficient Warrant and Discharge to the said Committee, or to the Treasurers there, or to such other Person or Persons as shall pay the same."

Order for taking off Grosvenor's S. questration.

"Ordered, by the Lords and Commons assembled in Parliament, That the Sequestration of the Estate Real and Personal of Walter Grosvenor Esquire be, and is hereby, discharged and taken off; and the Committees, Sequestrators, Treasurers, and Solicitors for Sequestrations, in the several Counties and Places where the Estate of the said Walter Grosvenor, or any Part thereof, lies, are hereby authorized and required to take Notice of this Order, and forthwith to discharge the Sequestration of the said Estate accordingly."

Witham to be instituted to Bentley Parva; and Bennet to Waddesden.

Ordered, That Doctor Aylett give Institution and Induction unto John Witham Clerk, Master of Arts, to the Rectory of Bently Parva, Com. Essex, void by Death; salvo Jure cujuscunque: E. Oxon, Patron.

Ordered, That Doctor Heath give Institution and Induction unto Robert Bennett Master of Arts, to the Rectory of Waddesden, Com. Bucks, void by Death; salvo Jure cujuscunque: Lord Wharton, Patron.

Adjourn.

House adjourned till 10^a cras.

T. Lyncolne.

Mulgrave.

Exam. from 11 Septemb. 1648.